Generally speaking, there are many reasons for an enterprise to transfer its equity. Mainly includes:
(1) Improve the financial structure of enterprises and increase the income of existing shareholders;
(2) There are problems in the business development of the enterprise, and important shareholders withdraw funds;
(3) Enterprises want to transfer investment risks through equity transfer;
(4) The company needs funds for its operation and development, and wants to obtain certain funds through equity transfer to solve the urgent need;
(5) Enterprises should introduce strategic investors, strengthen enterprise management and optimize equity governance structure.
Specifically, the benefits of equity transfer are mainly manifested in the following three aspects:
1, the need to protect the interests of shareholders.
Equity transfer can reflect the company's democracy and fairness, and at the same time, it can also give minority shareholders corresponding rights to deal with the possible abuse of power or infringement by major shareholders.
2. The need to maintain good management of the company.
The purpose of the company is to make a profit. The principle of company capital is a legal principle that must be followed in the whole process of company establishment, operation and management, and equity transfer can better maintain the good operation of the company.
3. It is conducive to the stability of the company's own funds.
For enterprise shareholders, if the equity transfer can get more benefits than continuing to hold shares, the law should respect the rational choice of this "economic man". Therefore, from this perspective, equity transfer is conducive to the company's own financial stability.
Matters needing attention in equity transfer In the specific process of equity transfer, the transferee should pay attention to the following matters. These matters include:
1. In the equity transfer transaction, the transferor is the taxpayer and the transferee is the withholding agent, fulfilling the obligation of withholding and paying taxes;
2. After both parties to the equity transaction sign the equity transfer agreement and complete the equity transfer transaction, before the enterprise changes its equity registration, the transferor or transferee who has the obligation to pay taxes or withhold and remit shall file a tax (withholding) declaration with the competent tax authorities.
And with the personal income tax payment certificate or tax exemption or no tax certificate issued by the tax authorities, go through the formalities of equity change registration with the administrative department for industry and commerce.
3. Both parties to the equity transaction have signed an equity transfer agreement, but the equity transfer transaction has not been completed. When applying for the registration of equity change to the administrative department for industry and commerce, the enterprise shall fill in the Report on the Change of Individual Shareholders and report to the competent tax authorities.
The above is the explanation of "why enterprises want to transfer equity" and related matters of equity transfer. In real life, if an enterprise needs equity transfer, but doesn't know much about equity transfer, you can master the contents introduced in this article in detail, and if necessary, you can contact Zhang Hui for detailed consultation or service entrustment!
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