According to the company law, there are only two ways for shareholders to withdraw their capital contribution, one is equity transfer, and the other is the company's acquisition of equity. Shareholders can transfer their equity to others if they want to withdraw their capital contribution. Shareholders of a limited liability company may transfer all or part of their shares to each other. Shareholders' transfer of equity to persons other than shareholders shall be approved by more than half of other shareholders. Shareholders shall notify other shareholders in writing to agree to the transfer of their shares. If other shareholders fail to reply within 30 days from the date of receiving 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; Do not buy, as agreed to transfer. Under the same conditions, other shareholders have the priority to purchase the equity transferred with the consent of shareholders. If two or more shareholders claim to exercise the preemptive right, their respective purchase proportions shall be determined through consultation; If negotiation fails, the preemptive right shall be exercised in accordance with their respective investment proportions at the time of transfer. ? Where there are other provisions on equity transfer in the articles of association, such provisions shall prevail. You can notify other partners in writing to withdraw from the limited partnership at any time. If the withdrawal of a partner violates the partnership agreement, the limited partnership may deduct the corresponding amount from its due distribution for the damage caused by the withdrawal of a partner who violates the partnership agreement. If the agreement does not specify the time in writing, the event that the limited partner can withdraw the capital or the specific time of the dissolution and closure of the partnership, the limited partner shall notify the partners in writing of the address of the business place of the limited partnership in the state at least six months in advance, and then the partners can withdraw the capital.
The shareholder withdrawal process is as follows:
1, resolution of the shareholders' meeting. The capital reduction of a limited liability company shall be decided by the shareholders' meeting according to law;
2. Prepare balance sheet and property list;
3. Notify or announce creditors. The company shall notify the creditors within 10 days from the date of making the resolution to reduce the registered capital, and make an announcement in the newspaper at least three times within 30 days.
Legal basis:
Article 45 of the Law of People's Republic of China (PRC) on Partnership Enterprises * * * If the partnership term is stipulated in the partnership agreement, during the existence of the partnership enterprise, the partners may withdraw from the partnership under any of the following circumstances:
(1) Reasons for withdrawing from the partnership agreement appear;
(2) With the unanimous consent of all partners;
(3) It is difficult for the partners to continue to participate in the partnership;
(4) Other partners seriously violate the obligations stipulated in the partnership agreement.