What is the legal basis of equity transfer?

I. Legal Basis for Equity Transfer Article 31 of People's Republic of China (PRC) Company Law Where a limited liability company changes its shareholders, it shall apply for registration of change within 30 days from the date of change of shareholders, and submit the legal person qualification certificate or identity certificate of the new shareholder. Article 18 An enterprise as a legal person shall, after being approved by the competent department or the examination and approval authority, apply to the registration authority for change of registration within 30 days. Detailed Rules for the Implementation of the Law of People's Republic of China (PRC) on Foreign-funded Enterprises Article 23 Foreign-funded enterprises shall be approved by the examination and approval authorities and filed with the administrative authorities for industry and commerce. Regulations for the Implementation of the Law of the People's Republic of China on Chinese-foreign Joint Ventures Article 20 If a joint venture transfers all or part of its equity to a third party, it must obtain the consent of the other party to the joint venture, report it to the examination and approval authority for approval, and go through the formalities for registration of change with the registration authority. Detailed Rules for the Implementation of the Law of People's Republic of China (PRC) on Chinese-foreign Cooperative Enterprises Article 23 Where all or part of the rights in a contractual joint venture contract are transferred between the parties or between one party and others other than the other party, the written consent of the other party shall be obtained and submitted to the examination and approval authority for approval. The examination and approval authority shall decide whether to approve or not within 30 days after receiving the relevant transfer documents. Interim Measures for the Administration of the Transfer of State-owned Property Rights of Enterprises Article 19 A contract for the transfer of state-owned property rights of enterprises shall include the following main contents: (1) the name and domicile of the transferor and the transferee; (two) the basic situation of the transfer of state-owned property rights of the target enterprise; (three) the employee placement plan involved in the transfer of the target enterprise; (4) Transferring the creditor's rights and debts involved in the target enterprise; (5) the mode of transfer, the transfer price, the time and method of payment and the terms of payment; (six) the delivery of property rights; (seven) the relevant tax burden involved in the transfer; (eight) the way to solve the contract dispute; (9) Liability of the parties to a contract for breach of contract; (10) Conditions for the alteration and dissolution of the contract; (1 1) Other terms deemed necessary by both parties. Other laws on equity transfer stipulate that the signing of the equity transfer contract shall not violate the restrictive provisions of laws, regulations, policies or the articles of association on the transfer time, transferee and transferee. The company law stipulates: for example, the shares of the company held by the promoters of a joint stock limited company shall not be transferred within three years from the date of establishment of the company; The shares of the Company held by the directors, supervisors and managers of the Company shall not be transferred during their term of office; Laws, regulations and policies stipulate that the subject shall not engage in profit-making activities, and shall not accept the company's equity and become a shareholder of the company, such as the leaders of state organs at all levels; Where laws and regulations prohibit the rights and abilities of the trading subject, the trading subject shall not sign the equity transfer contract in violation of the provisions. For example, shareholders may not transfer their shares to the company itself, except for two cases in which the Company Law stipulates that a joint stock limited company cancels its shares in order to reduce its capital and merges with the company holding its shares. Violation of these mandatory provisions in the equity transfer activities will lead to the invalidation of the equity transfer contract. Combined with the above contents, the legal basis of equity transfer is introduced in detail. Generally speaking, the law stipulates that equity transfer, as a way for shareholders to exercise their rights, must have its basis. And it is worth noting that not all equity transfers are effective. In other words, the equity transfer must be within the scope permitted by law before it can take effect.