The difference between withdrawing shares and withdrawing shares

Legal analysis:

1. The difference between divestment and withdrawal is that the investment equity can only be divested through transfer; Non-equity investment can be directly withdrawn.

2. Withdrawal of shares: After the shareholder has contributed capital, according to the provisions of the Company Law, it is not allowed to withdraw shares, and the shares can only be transferred to others through equity transfer.

3. Exit: that is, the investment exits; Recover investment funds directly from investors.

Italian shareholders should 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. After the establishment of the company, shareholders may not withdraw their capital contribution.

Legal basis:

Article 71 of People's Republic of China (PRC) Company Law 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.

Derivative problem:

Is a limited partnership a legal person?

A limited partnership is an unincorporated association.

1. Partnership organizations can adopt a brand name. After the registration of a trademark name, you can engage in business activities and litigation activities in the name of the trademark name;

2. The partnership has certain independence, and the death or withdrawal of partners does not necessarily lead to the dissolution of the partnership;

3. The partnership property is the property of the partnership organization and is not completely separated from the property of its members. Partners cannot directly control their own capital contribution, but are uniformly controlled by the partnership organization;