How does an LLC kick shareholders out?

Acquisition of its shares.

Limited Liability Company Shareholders.

If there is a need for change, according to the provisions of the Company Law, the shareholders of a limited liability company.

You can withdraw from the company through equity transfer and share withdrawal. If necessary, the shareholders.

"Kick out", generally known as shareholders.

Removal of a shareholder, the so-called "removal of a shareholder", refers to a shareholder withdrawal system in which a limited liability company dismisses a shareholder from being a shareholder in accordance with the resolution of the shareholders' meeting and forces the removed shareholder to withdraw from the company through the compulsory transfer of all the equity of the removed shareholder. Before the promulgation of the "Provisions on Several Issues of the Company Law of the People's Republic of China (III)", the system of delisting shareholders of limited liability companies was still blank in China. In the Provisions, the relevant clause makes it clear that the court will only uphold the relevant provisions if the investor violates the relevant provisions, fails to perform or fails to fully perform the relevant obligations, etc.

However, the revocation of shareholders' rights is invalid according to the articles of association, and the Company Law clearly stipulates that only if the investor fails to make capital contributions in accordance with the regulations can the shareholder qualification be terminated.

It can be handled by mutual agreement. In principle, the other party's capital contribution 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. If the negotiation fails, you can file a lawsuit with the court for partnership liquidation.

You can buy out his shares, and as long as he has shares, he can't kick out.

The shareholders were grossly negligent and caused the company to suffer losses, and the other shareholders unanimously agreed to remove the company.

Legal Analysis: A corporate legal person cannot kick out shareholders. Loss of shareholder qualification refers to the loss of shareholder status of a shareholder due to legal reasons or legal procedures.

The acquisition of shareholder qualifications includes both original acquisition and subsequent acquisition. Original acquisition refers to the direct subscription of shares to the company, including the acquisition of establishment and the acquisition of capital increase. The conditions for becoming a shareholder include that the general meeting of shareholders makes a resolution in accordance with the law, the resolution is approved by the competent authority, and the investor subscribes and pays capital contributions according to the agreement.

Legal basis: Article 37 of the Company Law of the People's Republic of China The shareholders' meeting exercises the following functions and powers: (1) to decide the company's business policy and investment plan; (2) To elect and replace directors and supervisors who are not employee representatives, and to decide on matters related to the remuneration of directors and supervisors; (3) To review and approve the report of the Board of Directors; (4) To deliberate and approve the report of the board of supervisors or supervisors; (5) To review and approve the company's annual financial budget plan and final account plan; (6) To review and approve the company's profit distribution plan and loss recovery plan; (7) To make a resolution on the increase or decrease of the registered capital of the company; (8) To make a resolution on the issuance of corporate bonds; (9) To make resolutions on the merger, division, dissolution, liquidation or change of the form of the company; (10) Amend the articles of association; (11) Other functions and powers stipulated in the articles of association.

If the shareholders unanimously agree in writing to the matters listed in the preceding paragraph, they may make a decision directly without convening a shareholders' meeting, and all shareholders shall sign and seal the decision document.

Legal analysis: The withdrawal methods of the company's shareholders include equity transfer, company capital reduction, request for company repurchase, dissolution of the company, bankruptcy liquidation, etc. Different ways have different characteristics.

1. Equity transfer. It should be said that it is the most convenient way to exit, if the transferee is a shareholder of the company, then it can be transferred directly. If it is a third party other than the shareholders of the company, the consent of more than half of the other shareholders of the company is required, and the shareholders of the company also have the right of first refusal under the same conditions.

2. The company reduces its capital. The essence of the shareholder's withdrawal through the company's capital reduction is that the company buys back the capital contribution of the exiting shareholder. In other words, the company buys the capital contribution of the shareholders with its reduced registered capital, thereby achieving the exit of the shareholders.

3. Require the company to buy back. Requiring the company to repurchase the shares held by shareholders at a reasonable ** level is required to meet the relevant conditions stipulated in the Company Law.

4. Dissolve the company. According to the Company Law, there are dissolution caused by the expiration of the business period stipulated in the articles of association, dissolution by resolution of the shareholders' meeting, and dissolution after being ordered to close. It is the cleanest way to exit, of course, the procedure is more complicated, and it is necessary to form a liquidation group for liquidation.

5. Bankruptcy liquidation withdrawal. The entities that can file a bankruptcy application are: creditors, debtors, and persons liable for liquidation in accordance with the law.

Legal basis: Company Law of the People's Republic of China Article 71 Shareholders of a limited liability company may withdraw from the company by way of equity transfer. There are two ways of equity transfer: transfer between shareholders and transfer to persons other than shareholders.