Procedure steps of company holding merger

Legal analysis: The legal procedures of company merger are as follows:

1. Sign and pass the merger agreement: the merger agreement is a major legal act leading to the redistribution of the company's assets, in which the resolution of the shareholders' meeting of a limited liability company on the merger of the company must be passed by more than two thirds of the voting rights held by all shareholders; The shareholders' meeting of a joint stock limited company shall make a resolution on the merger of the company, which must be approved by more than two thirds of the voting rights held by the shareholders present at the meeting.

2. Prepare the balance sheet and financial list: The balance sheet is an accounting statement that reflects the company's assets and liabilities and shareholders' rights and interests, and it is a statement that must be prepared in the merger. All parties to the merger shall truly and comprehensively reflect the company's property and shall not conceal the company's creditor's rights and debts.

3. Notify creditors and make an announcement: implement creditor protection procedures, that is, notify creditors by mail or announcement after the merger resolution is made. And ask them to raise objections to the merger within the specified time.

4. Handling relevant formalities: After the company is merged, if it merges with other companies, it shall apply to the registration authority for registration of change on the changed registered items, and the merged company shall go through cancellation procedures with the registration authority according to law.

Legal basis: Article 173 of the Company Law of People's Republic of China (PRC). When a company is merged, all parties to the merger shall sign a merger agreement and prepare a balance sheet and a list of assets. The company shall notify the creditors within 10 days from the date of making the merger resolution and make an announcement in the newspaper within 30 days. Creditors may, within 30 days from the date of receiving the notice, or within 45 days from the date of announcement if they have not received the notice, require the company to pay off debts or provide corresponding guarantees.