When the shareholders of a partnership withdraw their shares, how should the property be divided, wh

According to the Company Law of the People's Republic of China, after the establishment of a company, shareholders are not allowed to withdraw their capital contributions.

The Company Law allows shareholders of a limited liability company to transfer all or part of their equity to each other. Shareholders may also transfer equity to persons other than shareholders, but with the consent of more than half of the other shareholders.

The procedure for the transfer of equity is as follows: the shareholder notifies the other shareholders in writing to seek consent for the transfer of their equity, and if the other shareholders do not reply within 30 days from the date of receipt of the written notice, they shall be deemed to have agreed to the transfer. If more than half of the other shareholders do not agree to the transfer, the shareholders who do not agree shall purchase the transferred equity; If you do not purchase it, you will be deemed to have agreed to the transfer.

For the equity transferred with the consent of the shareholders, under the same conditions, other shareholders have the right of first refusal.

Accounting Treatment: Borrow: Paid-in Capital - Withdrawing Shares.

Credit: Paid-up capital - shareholder.

The divestment of shares distinguishes between the divestment of a company and the divestment of a partnership.

In the case of a company, the shareholders of a limited liability company can transfer all or part of their equity to each other. The transfer of equity by a shareholder to a person other than the shareholder shall be subject to the consent of more than half of the other shareholders. Shareholders shall notify other shareholders in writing to solicit consent for their equity transfer, and if other shareholders do not reply within 30 days from the date of receipt of the written notice, they shall be deemed to have agreed to the transfer.

If more than half of the other shareholders do not agree to the transfer, the shareholders who do not agree shall purchase the transferred equity; If you do not purchase it, you will be deemed to have agreed to the transfer.

Liquidate all assets and divide them according to shares! Of course, the premise is that the current business operations cannot be disrupted.

Legal analysis: If a partner wants to withdraw his shares, it should first be handled according to the partnership agreement between the two parties. If there is no express agreement in the partnership agreement, it should be handled by both parties through mutual agreement.

In principle, the capital contribution of the other party can be returned, and the profit or loss during the partnership period can be divided with reference to the profit distribution ratio agreed by both parties. In addition, after the partners withdraw from the partnership, they are still jointly and severally liable for the debts reported during the partnership.

Legal basis: Article 74 of the Company Law of the People's Republic of China In any of the following circumstances, shareholders who vote against the resolution of the shareholders' meeting may request the company to acquire their equity in accordance with a reasonable **:

1) The company has not distributed profits to shareholders for five consecutive years, and the company has made profits for five consecutive years and meets the conditions for distributing profits stipulated in this Law;

2) The merger, division or transfer of the main property of the company;

3) The business period specified in the articles of association of the company expires or other reasons for dissolution specified in the articles of association arise, and the shareholders' meeting passes a resolution to amend the articles of association to make the company exist.

If the shareholder and the company cannot reach an equity acquisition agreement within 60 days from the date of the resolution of the shareholders' meeting, the shareholder may file a lawsuit with the people's court within 90 days from the date of the resolution of the shareholders' meeting.

The provisions for the divestment of partners are:

1. The other partners and the withdrawing partner shall settle according to the property status of the partnership at the time of withdrawal, and after confirming the liability of the partner, the property share of the withdrawing partner shall be returned;

2. The withdrawing partner shall be jointly and severally liable for the debts of the partnership arising from the reasons before the withdrawal of the partner;

3. Miscellaneous.

[Legal basis].Article 51 of the Partnership Enterprise Law of the People's Republic of China.

If a partner withdraws from the partnership, the other partners shall settle with the retired partner in accordance with the property status of the partnership at the time of withdrawal, and return the property share of the retired partner. If the withdrawing partner is liable for the losses caused to the partnership, the amount of compensation shall be deducted accordingly.

If there are unsettled partnership affairs at the time of withdrawal, the settlement shall be carried out after the settlement of the affairs.

Article 52.

The method of returning the share of the property of the withdrawing partner in the partnership enterprise shall be agreed in the partnership agreement or decided by all the partners, and may be refunded in money or in kind.

Article 53.

The withdrawing partner shall be jointly and severally liable for the debts of the partnership arising from the reasons before the withdrawal of the partnership.

Liquidate all assets and divide them according to shares! Of course, the premise is that the current business operations cannot be disrupted.

Does the partnership have a signed agreement? If there is a return agreement, it will be executed. If not, it can be divided according to the capital contribution of each partner.

If the company is liquidated and deregistered, after the debts are paid, the remaining property shareholders can be distributed according to the proportion of their shareholdings.

If the company continues to exist, the shareholders are not allowed to withdraw their capital, let alone divide the property belonging to the company. Shareholders who want to withdraw can transfer the company's equity they hold at a price, or the company can realize shareholder withdrawal by reducing capital.

Only shares can be transferred, not withdrawn. It can be transferred to other partners, and if the other partners do not agree to the transfer, it can be transferred to someone other than the partner.

If it is a limited liability company, it can be transferred to achieve the purpose of withdrawing shares. If it is a partnership, it can be transferred internally or withdrawn from the partnership in accordance with the law.

If it is ****, it is not possible to withdraw shares, and you can only transfer the equity to others. It can be transferred by agreement between shareholders or to a third party, but under the same conditions, shareholders have priority and can only transfer the shares they hold. Shares can be transferred.

It is possible to negotiate with other partners to transfer shares, or to withdraw from the partnership.

Hello, you can refer to the provisions of the Partnership Enterprise Law, Article 45, if the partnership agreement stipulates the term of the partnership, during the existence of the partnership, the partners can withdraw from the partnership under any of the following circumstances:

1) The reason for withdrawal stipulated in the partnership agreement appears;

2) With the unanimous consent of all partners;

3) The occurrence of reasons for the partners to continue to participate in the partnership;

4) Other partners seriously violate the obligations stipulated in the partnership agreement.

Article 46 Where the partnership agreement does not stipulate the term of the partnership, the partners may withdraw from the partnership without adversely affecting the execution of the affairs of the partnership enterprise, but shall notify the other partners 30 days in advance.

Article 47 Where a partner withdraws from the partnership in violation of the provisions of Articles 45 and 46 of this Law, he shall compensate for the losses caused to the partnership as a result.

If you are a joint-stock company, you can let other shareholders buy back your shares, and if you don't want to, you can sell them to outsiders.

Transfer it to him, the two of them can reach a consensus, and whether you can invest the principal depends on your friend's character.

The second is to bring in new investors and transfer their shares, either because they are bullish on the business, or because they give your competitors a look at your communication skills.

Either negotiate with the other party to buy your shares, or attract other external investors to buy your shares, and if that fails, you can only apply to the company for bankruptcy to pay off your equity and debts.