What does 0 yuan mean by transferring equity?

Equity transfer can be made in 0 yuan, whether it is the New Third Board or the main board stock. However, there are few transfers in 0 yuan, and cases of 1 yuan or low-cost transfers are often seen. The former is a free gift and the latter is a paid sale.

1. If the company transfers with zero consideration, it is likely to be considered as a gift. This is what Cai Yun said. Com stipulates that if it is a gift, the person who gave it to the company can cancel the gift before the registration of equity change. (Article 186 of the Contract Law: The donor may revoke the gift before the right to donate the property is transferred. Therefore, even if the agreed price is 1 yuan, it constitutes a transfer, not a gift, and will not lead to the dissolution of the gift agreement.

2. Of course, the court may think that the company's zero-consideration transfer is not a free gift. Because in the consideration transfer of equity 0, although the buyer does not have to pay, it is likely to bear other conditions. For example, provide labor services, technology, intellectual property rights, and provide some network resources. In addition, after the buyer obtains the equity, it is likely to bear the obligation to pay the capital contribution. These responsibilities make zero consideration not really zero consideration, and buyers still have to pay a lot. These efforts of the buyer should be clearly written in the equity transfer agreement, so that everyone can clearly know that it is not easy for the buyer, so that the transaction will be fair.

3. In Caiyun.com, we can see that if 0 yuan is used as the transfer value, it will be listed as a gift in the measurement of enterprise income tax, which is not conducive to the overall tax planning of enterprises. For equity crowdfunding, the more essential significance is to get out of the pure online financing service ecosystem, but to go offline in the way of Tencent's "space creation" advocated by the State Council, combining online enterprise financing service display, fund crowdfunding with the cultivation, counseling and support of offline entrepreneurial atmosphere, and paying attention to online investor equity crowdfunding and offline entrepreneurial enterprise cultivation.

4. As a matter of fact, whether 1 yuan transfers the equity or 0 yuan transfers the company, we must act according to laws and regulations and conduct fair transactions without harming the interests of both countries. Although the company can be transferred in 0 yuan, there are still great risks in actual operation. I suggest you be careful.