Is it troublesome to change the shareholder s equity, and is it troublesome to change the company s

How does the company's equity change process go?

It's not troublesome, just follow the regulations.

The equity transfer of a limited liability company generally goes through the following procedures: 1. If the equity is transferred to a third party other than the shareholder, the shareholder who transferred the equity shall submit an application to the board of directors of the company, and the board of directors shall submit it to the shareholders' meeting for discussion and voting; If the equity is transferred between shareholders, it is not necessary to obtain the approval of the shareholders' meeting, but only to notify the company and other shareholders. 2. The two parties sign an equity transfer agreement to make specific provisions on the amount, procedure, rights and obligations of both parties for the transfer of equity, so that it can be used as an effective legal document to bind and regulate the behavior of both parties.

The equity transfer contract shall comply with the Contract Law.

General provisions. 3. In the process of transferring equity, where state-owned assets are involved, in order to prevent the loss of state-owned assets, according to the "State-owned Assets Assessment Measures" issued by the People's Republic of China.

Article 3 stipulates that asset appraisal shall be carried out for the auction, transfer, merger and acquisition of state-owned assets, etc. The ** of equity transfer generally cannot be less than the net assets contained in the equity.

value. 4. For the transfer of equity of Sino-foreign joint ventures or Sino-foreign cooperation, according to the current "Sino-foreign Joint Venture Law".

The Law on Sino-Foreign Cooperative Enterprises stipulates that the transfer formalities can only be carried out after the consent of the competent authority at the higher level of the Chinese shareholder and the approval of the original examination and approval authority. 5. Withdraw the capital contribution certificate of the original shareholder, issue the capital contribution certificate to the new shareholder, change the registration of the company's shareholder register, cancel the original shareholder register, record the name of the new shareholder, the domicile and the amount of capital contribution transferred in the shareholder register, and amend the articles of association accordingly.

However, as a proof of the company's performance of capital contribution obligations and equity rights to shareholders, the capital contribution certificate is only a proof of shareholders' resistance to the company, and is not sufficient to produce the effect of public announcement. 6. Submit the newly revised articles of association, shareholders and their capital contributions to the administrative department for industry and commerce.

Carry out industrial and commercial change registration. At this point, the legal procedures for the transfer of the equity of a limited liability company have been completed.

Legal Analysis: Not the same. Equity transfer refers to the civil legal act in which the shareholders of a company sell, donate, or barter their equity to other individuals or companies in accordance with the law, so that others become shareholders of the company.

If only part of the equity is transferred, the transferor is still a shareholder of the company, but the equity is transferred in the part where the equity share is reduced.

Questions. What is the difference between a change of equity and a 100% equity transfer?

Equity transfer is a change of shareholders, that is, the shares of shareholder A are transferred to a person who has nothing to do with the company (or transferred to any ** owner in the company). Equity change is that the shareholder has not changed, but the shares have changed, if the company has two **, shareholder A transferred one-third of the shares to shareholder B, this is a change in shares. This is the difference between equity transfer and equity change.

Questions. Is it a new company after the transfer of 100% equity?

Yes. Yes. However, if the enterprise wants to write off (liquidate) the relevant assets, it will not go to the account, and the income (profit) of the liquidation must also pay enterprise income tax.

Yes. However, if the enterprise wants to write off (liquidate) the relevant assets, it will not go to the account, and the income (profit) of the liquidation must also pay enterprise income tax.

Questions. Is it that some special approvals of the original company will be changed or extinguished?

Yes. Yes. Yes.

Coordinates Shenzhen. The change of equity only needs to confirm the new shareholders and the proportion of the shares, and provide the corresponding U shield for the change. The processing time is generally 2-3 days.

Legal Analysis: Not a meaning, but there is a causal relationship. A change of shareholders is a category of changes in the company.

The changed shareholder needs to transfer the equity to the new shareholder, which is the equity transfer. When the change of equity occurs, it occurs with the change of shareholders. If the equity changes, the shareholders do not necessarily change; The change of shareholders must change the equity.

Legal basis: Company Law of the People's Republic of China

Article 3 The company is an enterprise legal person, has independent legal person property, and enjoys the right to dispose of legal person property. The company is liable for the debts of the company with all its property. The shareholders of a limited liability company are liable to the company to the extent of their subscribed capital contributions; The shareholders of the shares are liable to the company to the extent of the shares they subscribe.

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 buy it, it will be deemed to have agreed to transfer the vacancy. For the equity transferred with the consent of the shareholders, under the same conditions, other shareholders have the right of first refusal to purchase the cherry blossoms. 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.

Legal analysis: the company shall register the name or title of the shareholder with the company registration authority; If there is a change in the registration items, the change registration shall be handled. Where registration has not been made or the registration is changed, it must not be confronted by a third party.

The company shall cancel the capital contribution certificate of the original shareholder, issue the capital contribution certificate to the new shareholder, and amend the articles of association and the register of shareholders accordingly regarding the shareholders and their capital contributions. Such amendments to the Articles of Association do not need to be voted on by the shareholders' meeting.

Legal basis: Article 13 of the Company Law of the People's Republic of China The legal representative of the company shall be the chairman, executive director or manager in accordance with the provisions of the articles of association of the company, and shall be registered in accordance with the law. If the legal representative of the company changes, the change registration shall be handled.