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The money invested in shares cannot be refunded directly. Here's a detailed analysis of how to invest in shares:
1.Generally, the invested capital cannot be refunded directly, but the shares of the person can be transferred.
2.Company Law of the People's Republic of China.
Article 28 stipulates that shareholders shall pay the articles of association in full and on time.
The amount of their respective subscribed capital contributions as specified in . If the shareholder makes a monetary contribution, the full amount of the monetary contribution shall be deposited into the bank account opened by the limited liability company.
3.Where non-monetary assets are used to make capital contributions, their property rights shall be handled in accordance with law.
transfer procedures. If a shareholder fails to pay the capital contribution in accordance with the provisions of the preceding paragraph, in addition to paying the full amount to the company, it shall also bear the liability for breach of contract to the shareholder who has paid the capital contribution in full on time.
4.Shareholding is an investment behavior, and shareholders must negotiate and sign an investment agreement, in which they must agree to invest in the total share capital of the company.
in proportion, profit distribution.
It should be noted that the terms of the investment agreement must comply with the provisions of the law, and if the investment agreement is filed with the industrial and commercial bureau after the investment is formed, the investment agreement after the filing has legal effect, and does not need to go through the so-called lawyer notarization and other redundant procedures, so that even if there is a problem in the future, you can resort to legal rights protection.
Extended Materials. 1.Investment is a permanent investment, you can only hold shares and participate in dividends, if you want to exit, you can only sell or sell**.
2.The investment can be short-term or long-term, you can agree whether it is a guaranteed investment or not a guaranteed investment, which can be agreed by both parties, but not by shares, as long as the shares are permanent, and there are profits and losses, everything depends on the operation of the joint-stock company. Investment can be investment**, **, bonds, and investment is a broader concept.
3.Now the implementation of the EIA one-vote system, all the company's pollution and other issues should also be concerned, in addition to the tilt of national policies on the industry is also a great impact, it is best to consider before investment.
4.Investment refers to the subject matter of a specific economic entity in a certain field in order to obtain income or capital appreciation in the foreseeable period in the future.
The economic act of putting a sufficient amount of money or monetary equivalent in kind. It can be divided into physical investment, capital investment and ** investment. The former is to invest money in the enterprise and obtain a certain profit through production and business activities.
The latter is the purchase of ** and corporate bonds issued by enterprises with money.
Indirect participation in the profit distribution of the enterprise. **There are three main investment analysis methods: fundamental analysis, technical analysis, and evolutionary analysis, of which fundamental analysis is mainly used in the selection of investment objects, and technical analysis and evolutionary analysis are mainly used in the time and space judgment of specific investment operations, as a useful supplement to improve the effectiveness and reliability of investment analysis.
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Of course, the money invested in shares can be refunded, and the shares can be transferred or sold, and after the resale and transfer, all the profits or losses in the future have nothing to do with you.
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How to withdraw the money invested in the shares.
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Legal analysis: No, as long as it is a legal transaction to buy shares, there is no return after the purchase of equity, and it can only be transferred. If the operation is good, it can be transferred at a higher price, and if the operation is not good, it can only be transferred at a discount, and if it is on the verge of bankruptcy, it can have almost no transfer value.
Legal basis: Civil Code of the People's Republic of China
Article 570 If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.
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 carried out by the other shareholders over half of the shares. 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.
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When making money, if you want to withdraw shares, you can take out the money, on the contrary, the economic loss after the shares, there is no extra money to withdraw the shares, this money is difficult to take out again, because investment is inherently risky, no one knows whether to lose money or make money in the future, everyone earns money together, and everyone loses money together.
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It depends on how the contract was signed at the time of the purchase.
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Legal analysis: No, as long as it is a legal transaction to buy shares, there is no return after the purchase of equity, it can only be transferred, and if the operation is good, it can be transferred at a higher price, and if the operation is not good, it can only be transferred at a discount, and if it is on the verge of bankruptcy, it can have almost no transfer value.
Legal basis: Civil Code of the People's Republic of China
Article 577:Where one of the parties fails to perform its contractual obligations or its performance does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.
Article 578:Where one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may request that it bear liability for breach of contract before the expiration of the performance period.
Article 579:Where one of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary debts, the other party may request payment from the other party.
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If the shareholder is a shareholder of ****, then the shareholder can withdraw the share if certain conditions are met, and the principal may be returned when the share is withdrawn. For joint-stock companies, shareholders cannot withdraw their shares, but can only transfer their shares, so they cannot get the principal back.
1. Can I get back the principal by voluntarily withdrawing shares?
1. Whether the principal can be returned at the time of withdrawal of shares should be discussed in two situations:
1) **** can withdraw shares, but the conditions are harsh, and the principal can be recovered through liquidation.
2) A joint-stock company can only transfer shares and cannot withdraw shares, so it is impossible to get back the principal.
2. What should I pay attention to when withdrawing shares?
1) Avoid liability for the recovery of false funds. Most companies are of the advance type when they are established, and the registered capital of the company is false, and the equity transferee is also aware of the capital contribution, so it is necessary to clearly stipulate that the transferee is responsible for the responsibility of the enrichment of the registered capital. If the agreement is not clear, it may happen that after the equity transfer, the transferee refuses to pay, and the company requires the shareholder to pay back the registered capital.
2) Clearly delineate rights and obligations. Most of the intangible assets such as labor, technology, and business resources invested in the company before exiting the company, except that the capital can be quantitatively determined, the intangible assets such as labor, technology, and business resources cannot be verified, so shareholders must clearly delineate how to dispose of intangible assets such as labor, technology, and business resources when exiting.
3) Agree on the payment time, amount and liability for breach of contract for equity transfer. In practice, most of the disputes over the withdrawal of shares are the transferee's non-payment of the equity transfer price, and it is necessary to specify the payment amount, practice and liability for breach of contract of the equity transfer money, such as the competent court, the lawyer's fee to be borne and the amount of breach of contract.
2. How can shareholders withdraw their shares?
After the establishment of the shareholder capital contribution, the shareholder is required to withdraw his shares due to the practice of economic life, and there are many reasons:
1) The company's operating risk is too large, exceeding the expectations of shareholders' investment.
2) Death of a shareholder. Shareholders enjoy equity in accordance with the law, and Zaosong is included in the estate. If the heirs are unwilling or unfit to become shareholders of the company, the investments of the deceased shareholders must be separated from the company.
3) Divorce of shareholders. When a shareholder gets married, it is difficult for a spouse who is not a shareholder to participate in the **** with relatively high requirements for human compatibility. Spouses of non-shareholders often have to take half of the shareholders' equity out of the company and cash it out.
4) Minority shareholders are squeezed by controlling shareholders and want to withdraw their shares.
5) The company is at an impasse.
6) The capital contribution of shareholders is subject to legal enforcement.
7) Other circumstances, such as shareholders who are unable to participate in the management of the company due to long-term illness, shareholders who move to other places or foreign countries and request to withdraw from the company, shareholders whose economic situation has changed significantly, and who are in urgent need of funds. Zheng in the stool.
For shareholders of a limited liability company, if they want to withdraw their shares, they need to follow the established process, and they are not allowed to withdraw the funds they have previously paid without authorization. For shareholders of the shareholding system, they cannot withdraw their shares, and can only recover their capital contributions by transferring shares.
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Legal analysis: After the establishment of the company, shareholders are not allowed to withdraw their capital contributions. Therefore, when shareholders withdraw their shares, they generally do not return the funds directly. Shareholders can withdraw their shares in the following ways:
1. Equity transfer. This is a common approach taken by many companies, because it is easy and convenient to talk about it. 2. Capital reduction method.
To reduce the registered capital, the company must perform certain voting procedures and deliberations, and at the same time, it must also make announcements and notify creditors. 3. The company's repurchase method. Shareholders can request the company to buy back their shares if certain conditions are met.
Pay attention to the statutory circumstances of the buyback. 4. Liquidation method. This is through the dissolution of the company or bankruptcy liquidation, which is rarely used unless the company is truly unable to operate normally.
Legal basis: Article 35 of the Company Law of the People's Republic of China After the establishment of the company, the shareholder shall not withdraw the capital contribution.
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Legal analysis: the money of the shares will be withdrawn when the shares are withdrawn, and the relevant user agreement will be signed when the shares are purchased. If there is no clear provision, you should ask the relevant staff to check the relevant regulations, if it is clearly stated that you cannot withdraw shares in the middle, you can only sell ** in the way of **, and transfer ** to others to collect a certain amount of funds as a way of ** funds.
Legal basis: In any of the following circumstances, the shareholders who voted against the resolution of the shareholders' meeting may request the company to acquire their equity according to a reasonable ** in accordance with Article 74 of the Company Law of the People's Republic of China: (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 company merges, separates, or transfers its main assets; (3) The business period specified in the articles of association of the company expires or other reasons for dissolution as stipulated 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 shareholders and the company cannot reach an equity acquisition agreement within 10 days from the date of the adoption of the resolution of the shareholders' meeting, the shareholders may file a lawsuit with the People's Court within 90 days from the date of the adoption of the resolution of the shareholders' meeting.
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