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Once a shareholder has made a capital contribution and becomes a shareholder, he cannot withdraw his shares. This can only be done through transfers, such as the transfer of other shareholders.
Article 74 of the Company Law In any of the following circumstances, the 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.
Article 182 Where serious difficulties arise in the operation and management of a company, and the continued existence of the company will cause major losses to the interests of shareholders and cannot be resolved through other means, shareholders holding more than 10% of the voting rights of all shareholders of the company may request the people's court to dissolve the company.
A dissolved company can go through a liquidation process and then receive a share of the remaining property.
However, these points are actually difficult to play, and many times they are not operable. It is a very practical method to challenge shareholders to know and request to check the company's accounts. Because the more you know, the more scared the major shareholders will be, and they will come to you to talk about buying your shares.
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According to the Company Law, shareholders are not allowed to withdraw their shares. It can be transferred or acquired.
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Legal analysis: The shareholders of the two-person company cannot abandon their shares and withdraw. The ways for shareholders to reasonably exit are:
Exit the company by dissolving the company. Shareholders can transfer their shares to other shareholders as long as they are agreed between the parties. In addition to the transfer of equity, shareholders can also request the company to repurchase equity under special circumstances.
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 74 In any of the following circumstances, the 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.
Article 180 The company is dissolved due to the following reasons: (1) the expiration of the business period stipulated by the company's chapter or other reasons for dissolution stipulated in the articles of association of the company; (2) The shareholders' meeting or the general meeting of shareholders shall dissolve the meeting at a banquet; (3) It is necessary to dissolve due to the merger or division of the company; (4) Where business licenses have been revoked, ordered to be closed, or revoked in accordance with law; (5) The people's courts are to be dissolved in accordance with the provisions of article 182 of this Law.
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Summary. It is not possible for two ** east and one person to withdraw their shares. Once a shareholder has made a capital contribution and becomes a shareholder, he cannot withdraw his shares.
This can only be done through transfers, such as the transfer of other shareholders. Withdrawal of shares refers to the act of a shareholder withdrawing or transferring all of his capital contributions during the existence of the company, and dissociating himself from the company, thereby losing his shareholder rights.
It is not possible for two ** east and one person to withdraw their shares. Once a shareholder has made a capital contribution and becomes a shareholder, he cannot withdraw his shares. This can only be done through transfers, such as the transfer of other repentant shareholders.
Withdrawal of shares refers to the act of shareholders withdrawing or transferring all their capital contributions during the existence of Liangchang Company, and dissociating themselves from the company and losing their shareholder rights from the previous age.
, there are 2** east, I only account for 1%, I want to quit, the other does not agree, and no one takes over the transfer, what should I do?
According to Article 34 of the Company Law, which stipulates that "shareholders shall not withdraw their capital contributions after the company is registered", shareholders of a company cannot withdraw their shares under normal circumstances, and the company cannot acquire the shares of the company unless there is a statutory reason for the company to be erected. However, the shares held by the shareholders of the company may be transferred in accordance with the provisions of the law.
It is also possible to negotiate a solution.
Didn't you say that?! What if it can't be negotiated and there is no one to transfer?
It is recommended that you follow the specific circumstances, such as the expiration of the company's arrears, the consent of other shareholders to continue the operation, or the company has not distributed profits for a period of five years, and the shareholders can ask the company to repurchase the equity of Kaichun Hong.
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