Does the equity transfer require a resolution of the board of directors?

I. Whether the resolution of the board of directors is a necessary condition for the transfer of shares According to the current laws and regulations, there is no mandatory requirement for shareholders of a joint stock limited company to convene a board meeting and a general meeting of shareholders to make a resolution. However, in practice, local industrial and commercial bureaus or equity custody centers generally require companies to provide resolutions of shareholders' meeting on agreeing to share transfer. The rights of equity shareholders do not need to be resolved by the board of directors or the shareholders' meeting, but can be handled in accordance with the procedures stipulated in the Company Law. However, the following situations need to be treated with caution: 1. If the company's articles of association stipulate that shareholders are not allowed to transfer shares to anyone other than shareholders, and shareholders give up their preemptive right, it is impossible to transfer shares at this time. Whether to be acquired by the company or agree to transfer its shares through an interim resolution needs to be considered by the board of directors or the shareholders' meeting. For this article, I don't think the transfer of shares that a joint stock limited company has the right to dispose of can be restricted. Restrictions are invalid, but it is possible to restrict the transfer of shares 2. In order to protect the interests of other shareholders, it is best for the company to conduct audit and evaluation to avoid the infringement of other shareholders by major shareholders. The board of directors and shareholders' meeting also need to make qualitative and evaluation on major shareholders. 3. If the equity of the company's foreign investment is to be transferred, it must be reviewed by the board of directors and the shareholders' meeting, and it will be treated as a major issue of the company, and a decision will be made after deliberation. Two. Functions and powers of the board of directors The board of directors is responsible for the shareholders' meeting and exercises the following functions and powers: (1) Convene the shareholders' meeting and report its work to the shareholders' meeting; (2) Implementing the resolutions of the shareholders' meeting. (3) To decide on the company's business plan and investment plan; (4) To formulate the company's annual financial budget and final accounts; (five) to formulate the company's profit distribution plan and loss compensation plan; (6) To formulate plans for the company to increase or decrease its registered capital and issue corporate bonds; (seven) to formulate plans for the merger, division, dissolution or change of corporate form of the company; (VIII) Deciding on the establishment of the company's internal management organization; (9) To decide on the appointment or dismissal of the company manager and their remuneration, and to decide on the appointment or dismissal of the company's deputy manager and financial officer and their remuneration according to the nomination of the manager; (X) To formulate the basic management system of the company; (eleven) other functions and powers stipulated in the articles of association. Three. Principles of Providing Resolutions of Shareholders' Meeting or Board of Directors (1) When the legal representative of the head office changes, the dismissal certificate of the original legal representative and the appointment certificate of the new legal representative shall be submitted in accordance with the provisions and procedures of the Articles of Association, and the resolution of the shareholders' meeting or board of directors shall be submitted by a limited liability company and the resolution of the board of directors by a joint stock limited company. (2) If the equity of the head office changes, a resolution of the shareholders' meeting must be provided, and the board of directors has no right to vote on the equity change of the company. (3) If a branch changes the person in charge, it shall submit the dismissal document of the original person in charge of the branch and the post-holding document of the new person in charge issued by the head office, which generally requires the resolution of the board of directors. From the above analysis, the answer to this question is: according to the existing laws of our country, the resolution of the board of directors is not a necessary condition for the transfer of equity, but often when the industrial and commercial bureau handles the change of equity, it will ask the party changing equity to provide the voting form of the board of directors or shareholders' meeting. Therefore, in order to avoid more troubles in the equity transfer, it is best to prepare a voting form for the board of directors to agree to the equity transfer in advance.