According to the laws and regulations of our company, the equity transfer of a limited liability company generally goes through the following procedures:
1. Sign an equity transfer agreement with a third party (transferee) to stipulate matters such as equity transfer price, handover, creditor's rights and debts, and payment of equity transfer funds.
2. Other shareholders issue commitments or certificates to waive the preemptive right.
3. Convene the old shareholders' meeting, and with the consent of the old shareholders' meeting, the transferor shall be relieved of relevant duties. The voting proportion and voting method shall conform to the provisions of the original Articles of Association, and the shareholders attending the meeting shall sign and seal the resolutions of the shareholders' general meeting.
4. Convene a new shareholders' meeting, and with the consent of the new shareholders' meeting, appoint the relevant positions of new shareholders. The voting proportion and voting method shall comply with the provisions of the Articles of Association, and the shareholders attending the meeting shall sign and seal the resolutions of the shareholders' meeting. Discuss the new articles of association, and sign and seal the new articles of association after adoption.
5. Within 30 days after the signing of the above documents, submit the equity transfer agreement, resolutions of shareholders' meeting, new articles of association and other documents to the industrial and commercial bureau where the company is registered, and handle the industrial and commercial change registration.
At this point, the legal procedures for the equity transfer of the limited liability company have been completed.
Legal basis: Article 71 of the Company Law of People's Republic of China (PRC). 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.