If you want to leave your job legally while the company continues to operate, you can choose the following two ways:
1. The departing shareholder transfers the shares to other shareholders, and the transferee pays the equity transfer price to the departing shareholder. However, the key of this method lies in the mutual consultation between shareholders. If the two parties can reach an agreement on "who will receive the shares and how much", form an equity transfer agreement, and register the change of equity transfer, then the shareholders will realize the legal withdrawal. If others don't agree, then this method is not feasible.
2. According to Article 75 of the Company Law, under any of the following circumstances, the shareholders who voted against the resolution of the shareholders' meeting may request the company to purchase its equity at a reasonable price: (1) The company has not distributed profits to shareholders for five consecutive years, but the company has made profits for five consecutive years and meets the conditions for distributing profits stipulated in this Law; (2) The merger, division or transfer of the company's main property; (3) Upon the expiration of the business term stipulated in the Articles of Association or other reasons for dissolution stipulated in the Articles of Association, the shareholders' meeting will adopt a resolution to amend the Articles of Association to make the Company survive. You need to see if your company has the above three situations.
If there is no other way, you can obviously get into a deadlock and apply for dissolution of the company as a shareholder according to law. The legal basis is that according to Article 183 of the Company Law, "the company has serious difficulties in operation and management, and its continued existence will cause great losses to the interests of shareholders. If it cannot be solved by other means, shareholders who hold more than 10% of all shareholders' voting rights of the company may request the people's court to dissolve the company. "
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 180 of the Company Law of People's Republic of China (PRC)
The Company is dissolved for the following reasons:
(1) The business term stipulated in the articles of association expires or other reasons for dissolution stipulated in the articles of association occur;
(2) The shareholders' meeting or shareholders' meeting decides to dissolve;
(3) The company needs to be dissolved due to merger or division;
(4) The business license is revoked, ordered to close or revoked according to law;
(5) The people's court shall be dissolved in accordance with the provisions of Article 182 of this Law.
Article 18 1
A company may survive by amending its articles of association under the circumstances specified in Item (1) of Article 180 of this Law.
To amend the Articles of Association in accordance with the provisions of the preceding paragraph, a limited liability company must be approved by shareholders holding more than two thirds of the voting rights, and a joint stock limited company must be approved by shareholders attending the shareholders' meeting.
Article 182
Serious difficulties have occurred in the company's operation and management, and its continued existence will cause great losses to the interests of shareholders. If it cannot be solved by other means, shareholders who hold more than 10% of the voting rights of all shareholders of the company may request the people's court to dissolve the company.