The SPC shareholders should exercise the right of first refusal must be limited by a time limit, no

There is a time limit for shareholders to exercise their right of first refusal.

Article 72 of the Company Law stipulates that when a people's court transfers a shareholder's equity in accordance with the compulsory enforcement procedures set forth in the law, it shall notify the company and all shareholders that the other shareholders have the right of first refusal under the same conditions. If other shareholders do not exercise the right of pre-emption within 20 days from the date of notice from the people's court, they shall be deemed to have waived the right of pre-emption.

Paragraph 3 of Article 71 stipulates that other shareholders have the right of first refusal to purchase the equity transferred with the consent of the shareholders under the conditions of Tongcha and other conditions. 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.

Article 72 of the Company Law of the People's Republic of China.

When the people's court transfers the equity of a shareholder in accordance with the compulsory enforcement procedures prescribed by law, it shall notify the company and all shareholders that the other shareholders have the right of first refusal under the same conditions. If other shareholders do not exercise the right of pre-emption within 20 days from the date of notice from the people's court, they shall be deemed to have waived the right of pre-emption.

Legal analysis: Exercise period: 30 days.

Legal basis: Article 71 of the Company Law of the People's Republic of China 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. With the consent of the shareholders, other shareholders have the right of first refusal to transfer the equity under the same conditions.

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. If the articles of association of the company have other provisions on the transfer of equity, the regulations shall prevail.

According to the lawyer, the period for exercising the shareholder's right of first refusal should be calculated from the time when the shareholder who transferred the capital contribution publicly expresses the intention to transfer and formally notifies the conditions of the transfer. If the other shareholders do not claim to purchase after a reasonable period of time after learning of the conditions of the transfer, they shall be deemed to have waived their right of first refusal.

1. The period for exercising the shareholder's right of first refusal coincides with the period for the performance of the obligation of the shareholder who does not agree to the external transfer of capital contribution to the outside world. If the period from the time of knowledge of the purchase conditions to the signing of the contract between the transferring shareholder and the third party is simply regarded as the period of refusal to perform the obligation to purchase the capital contribution, the other shareholders will have different attitudes towards whether or not they agree to the transfer of capital contributions, and the period for exercising their pre-emptive rights will be inconsistent.

2. The consent of other shareholders to transfer capital contributions means that they give up their right of first refusal under certain conditions when making a consent decision. Because of the external transfer of capital contributions, that is, the internal transfer of capital contributions to other shareholders is not carried out. If other shareholders intend to buy Liang Namai after learning the terms of the transfer, they should make a decision not to agree to the transfer and make a purchase, otherwise it can be presumed that they are unwilling to buy.

3. The commencement of the exercise period is relative to the established conditions. Whenever the transferring shareholder determines a more favorable condition for the transfer of the rubber transfer, the period for exercising the shareholder's preemptive right should be recalculated. In other words, if the transfer shareholder and a third party have more favorable terms of transfer with a third party than the transfer conditions notified to other shareholders in advance, the other shareholder's original non-purchase indication will not have legal effect on its right of first refusal, and it can still enjoy the right of first refusal within a reasonable period after knowing or should have known the terms of the transfer of capital contribution.

The period for exercising the right of first refusal is 30 days from the date on which the other shareholders know or should know the same conditions for exercising the right of first refusal. If the purchase of suspected rock wax is not claimed after a reasonable period of time, it shall be deemed that it has waived the right of first refusal. Shareholders' preemptive right refers to the right of shareholders to preemptively purchase the equity to be transferred by other shareholders under the same conditions.

This right of first refusal is a legal right unique to shareholders of a limited liability company. Legal basis: Article 72 of the Company Law of the People's Republic of China When the people's court transfers the equity of shareholders in accordance with the compulsory enforcement procedures prescribed by law, it shall notify the company and all shareholders that other shareholders have the right of first refusal under the same conditions.

If other shareholders do not exercise the right of pre-emption within 20 days from the date of notice from the People's Court, they shall be deemed to have waived the right of pre-emption.

Legal Analysis: The period for exercising the pre-emptive right shall be within 30 days from the date on which the other shareholders know or should know the same conditions for exercising the pre-emptive right. If the purchase is not claimed after a reasonable period of time, it shall be deemed that the right of first refusal has been waived.

The right of first refusal of shareholders refers to the right of shareholders to purchase the shares of other shareholders to be transferred under the same conditions. This right of first refusal is a legal right unique to shareholders of a limited liability company.

Legal basis: Article 72 of the Company Law of the People's Republic of China When a people's court transfers the equity of a shareholder in accordance with the compulsory enforcement procedures prescribed by law, it shall notify the company and all shareholders that other shareholders have the right of first refusal under the same conditions. If other shareholders do not exercise the right of pre-emption within 20 days from the date of notice from the people's court, they shall be deemed to have waived the right of pre-emption.