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1. Equity change process:
1. Obtain the "Application Form for Company Change Registration";
2. Change the business license;
3. Change the organization of the first certificate;
4. Change of tax registration certificate;
5. Change bank information.
2. Information required for the change of the company's equity:
1. Application Form for Change of Company Registration;
2. Amendments to the Articles of Association;
3. Resolution of the shareholders' meeting;
4. Original and copy of the company's license;
5. Copies of ID cards of all shareholders;
6. The original equity transfer agreement.
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Step 1: The applicant shall submit an application to the window of the Industrial and Commercial Bureau of the Municipal Affairs Service Center with relevant materials, and the "Notice of Acceptance" or "Application Materials Acceptance Form" shall be issued after the preliminary examination by the acceptance examiner; If the conditions for acceptance are not met, the applicant shall be notified of all the materials that should be supplemented and corrected at one time on the spot or within 5 working days (a notice will be issued). Step 2:
If the applicant's application materials are complete and in accordance with the statutory form, the industrial and commercial bureau shall issue a decision on whether to approve the registration on the spot and issue a Notice of Registration Decision; If it is necessary to verify the substance of the application materials, the Administration for Industry and Commerce shall issue a Notice of Matters Requiring Verification of Enterprise Registration Materials, and the Administration for Industry and Commerce shall make a decision to approve or reject the application within 10 working days. Step 3: After 5 working days from the Administration for Industry and Commerce (except for the substance of the application materials that need to be verified), the applicant can renew the Notice of Approval of Alteration of Registration at the Licensing Window with the Notice of Registration Decision.
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What are the steps to change the shareholders of a company?
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Legal analysis: 1. The "Application for Company Change of Registration" signed by the legal representative of the company and stamped by the company. 2. "Certificate of Designated Representative or Co-entrusting Person" (with the company's official seal); and a copy of the ID card of the designated representative or the entrusted person (signed by the person).
3. Resolution of the shareholders' meeting; 4. Equity transfer agreement. 5. If the equity is transferred to a shareholder other than the company, a resolution of the new shareholders' meeting (shareholders after the equity transfer) shall also be submitted.
6. Be aware of the amendments to the articles of association or the revised articles of association. 7. The identity certificate of the new shareholder or natural person. If the shareholder is an enterprise, a copy of the Business License of Enterprise Legal Person, Business License of Partnership Enterprise, and Business License of Sole Proprietorship Enterprise shall be submitted (stamped with the official seal of the enterprise and signed in accordance with the original); If the shareholder is a legal person of a public institution, a copy of the Certificate of Legal Person of Public Institution shall be submitted; If the shareholder is a natural person, submit a copy of the ID card (signed and signed by the shareholder, which is consistent with the original).
8. Original and duplicate of the original business license.
Legal basis: Company Law of the People's Republic of China
Article 137 The shares held by shareholders may be transferred in accordance with law.
Article 138 The transfer of shares by shareholders shall be carried out in a lawfully established trading venue or in other ways prescribed by ***.
Article 139 Registered ** shall be transferred by shareholders by way of endorsement or other means provided by laws and administrative regulations; After the transfer, the company shall record the name and address of the transferee in the register of shareholders.
Within 20 days before the convening of the general meeting of shareholders or within 5 days before the date of the company's decision on the distribution of dividends, the registration of changes to the register of shareholders specified in the preceding paragraph shall not be carried out. However, if the law has other provisions on the registration of changes in the register of shareholders of listed companies, such provisions shall prevail.
Article 140 The transfer of bearer ** shall take effect after the shareholder delivers the ** to the transferee.
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Legal Analysis: The procedure for the change of shareholders is as follows:
First: the applicant submits an application to the window of the Industrial and Commercial Bureau of the Municipal Affairs Service Center with relevant materials, and after the preliminary examination by the acceptance examiner, a "Notice of Acceptance" or a "Receipt of Application Materials for Vertical Preparation" shall be issued; If the requirements for acceptance are not met, the applicant shall be informed of all the materials that should be supplemented and corrected at one time on the spot or within 5 working days.
Second: If the applicant's application materials are complete and in accordance with the statutory form, the industrial and commercial bureau shall make a decision on whether to approve the registration on the spot and issue a "Notice of Residual Destruction of Registration Decision"; If it is necessary to verify the substance of the application materials, the "Notice of Matters Requiring Verification of Enterprise Registration Materials" shall be issued, and the Administration of Goodwill Archives shall make a decision to approve or reject the application within 10 working days.
Third: After 5 working days, the applicant can renew the Notice of Approval of Alteration of Registration at the Licensing Window with the Notice of Registration Decision.
After the applicant for shareholder change submits the above required information and completes the procedures required for the change of shareholders of the company, the qualification of our company's shareholders will be changed. The new shareholder will replace the original shareholder to exercise his rights and fulfill his obligations.
Legal basis: Company Law of the People's Republic of China
Article 71 The shareholders of a limited liability company may 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.
For the equity transferred with the consent of the shareholders, under the same conditions, other shareholders have the right of first refusal. If two or more shareholders claim to exercise the right of first refusal, they shall negotiate to determine their respective purchase ratios; If the negotiation fails, the right of first refusal shall be exercised in accordance with the proportion of their respective capital contributions at the time of transfer.
Where the articles of association of the company have other provisions on the transfer of equity, such provisions shall prevail.
Article 73 After the transfer of equity in accordance with Articles 71 and 72 of this Law, the company shall cancel the capital contribution certificate of the original shareholder, issue the capital contribution certificate to the new shareholder, and amend the relevant shareholders and their capital contribution records in the articles of association and the register of shareholders accordingly. Such amendments to the Articles of Association do not need to be voted on by the shareholders' meeting.
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