1. What does the company's ownership structure mean? Ownership structure refers to the proportion of different shares in the total share capital of a joint-stock company and their relationship. Equity refers to the rights and interests of stock holders corresponding to the proportion of shares they own, as well as the rights (obligations) to bear certain responsibilities. The right that can be claimed to the company based on the status (identity) of shareholders is equity. Ownership structure is the foundation of corporate governance structure, and corporate governance structure is the concrete operation form of ownership structure. Different ownership structure determines different enterprise organizational structure, thus determines different corporate governance structure, and ultimately determines the behavior and performance of enterprises. 2. How long will it take for the equity change? Time varies from place to place. After the equity change, the business license, organization code, national tax and local tax will be changed. There are other special approval, it should be changed or put on record. Under normal circumstances, the Industrial and Commercial Bureau will submit the organization code certificate for 7 working days in Hideteru (Zhuhai and Shenzhen express 1 working day) and 3 working days (express 1 working day). The certificate can be issued when the national tax and local tax submit the change information. So the slowest time is 10 working days. Three. Matters needing attention in equity change 1. The subject of signing the equity change agreement in the equity change shall be the shareholders of the company, and the transferee may be the shareholders of the original company or a third person other than the shareholders. In practice, some shareholders of a company sign an equity transfer agreement in the name of the company, which will cause confusion among the parties to the contract. 2. Resolutions or opinions of the shareholders' meeting or other shareholders. Shareholders shall solicit the opinions of other shareholders before signing the equity change agreement. Only when other shareholders give up the preemptive right under the same conditions can they be transferred to a third party other than shareholders. 3. Concerns about pre-approval procedures Some equity change agreements also involve the approval of competent authorities, such as the change of state-owned equity or equity of foreign-funded enterprises. 4. Clarifying the ownership structure The transferee of the changes in equity Agreement should learn more about the ownership structure of the company where the shareholders transfer their shares by consulting the company's articles of association, business license, tax registration certificate, resolutions of the board of directors, resolutions of the shareholders' meeting and other necessary documents. 5. The transferee of the changes in equity Agreement shall carefully analyze the operating and financial conditions of the company where the equity transfer is located, and check the production and operation of the enterprise. Analyze the financial situation of enterprises: require enterprises to provide audit reports and recent financial statements in the past two years to verify the asset scale and liabilities of enterprises; Verify how the owner's equity of the enterprise is formed; Judge the profitability and solvency of the enterprise. 6. The transferee of the changes in equity Agreement should try to understand the relevant information of the transferred equity, and should pay attention to whether the transferred equity is defective, that is, the actual price of non-monetary property is obviously low; Subscribed capital contribution. 7. The equity change agreement shall go through the formalities of industrial and commercial change registration in time.
Legal objectivity:
Interim Measures for the Administration of Property Rights Registration of State-funded Enterprises Article 3 All enterprises at all levels and their investment-sharing enterprises (hereinafter referred to as enterprises) that have actual control rights at home and abroad by state-funded enterprises (excluding state-owned capital-sharing companies) are included in the scope of property rights registration. Institutions owned by state-funded enterprises are regarded as their subsidiaries for property rights registration. The term "actual control" as mentioned in the preceding paragraph refers to the situation that the state-funded enterprise directly or indirectly holds more than 50% of the total shares, or is the largest shareholder although the shareholding ratio does not exceed 50%, and can actually control the behavior of the enterprise through shareholder agreement, articles of association, resolutions of the board of directors or other arrangements.