What are the legal restrictions on bank equity transfer?

1. Bank equity transfer stipulates that the main business of banks is deposits and loans, and bank deposits and loans are their main functions. People like to deposit money in the bank, which not only has certain interest, but also has relatively high security. Bank loans are also one of their main sources of income. Through bank loans, they can solve their urgent needs and enjoy lower loan interest rates. Bank equity is a bank listed company. After opening a stock account in the stock exchange, you can buy and sell. Investment banking stocks are a better choice at present. Because of the low P/E ratio, relatively low price and good performance, most bank stocks pay dividends every year. At present, there is only one more bank stock in 2 yuan, with the lowest starting price of 100 shares. The transaction amount of investing in the stock market is more than 2,000 yuan, and the cost is relatively low. Investment bank stocks can be bought at a lower position, held for a long time, and paid dividends every year. When the bank's stock rises much, you can choose to sell it for profit. 2. Legal restrictions on bank share transfer 1. The shares held by shareholders shall be transferred according to law. 2. When the shareholders transfer their shares, the original shareholders have no preemptive right and do not need the approval of the shareholders' meeting. It shall be conducted in a legally established securities exchange or in other ways stipulated by the State Council. 3. Buying shares from financial institutions requires shareholder qualification examination. According to the relevant regulations, when a joint-stock commercial bank transfers shares, if the equity ratio is less than 5% of the total shares, the board of directors of the bank shall examine the equity qualification of the transferee according to the Law on Commercial Banks and the Measures for the Implementation of Administrative Licensing of Chinese-funded Commercial Banks. If the equity ratio exceeds 5% of the total shares, it shall be reviewed by the board of directors of the bank and reported to the CBRC for approval. Therefore, the transfer of shareholders' rights and interests of joint-stock commercial banks must be approved by the board of directors of the bank. 4. Qualification requirements of the transferee: The relevant provisions of the Measures for the Implementation of Administrative Licensing Matters of Chinese-funded Commercial Banks require the qualifications of the transferee as follows: (1) If the equity transferee is a domestic non-financial institution, it shall meet the following conditions: 1. An enterprise with legal person status registered in the administrative department for industry and commerce; 2. Have a good corporate governance structure or effective organizational management methods; 3. Have a good social reputation, good credit record and tax payment record, and be able to repay the principal and interest of the loan in full on schedule; 4. Long development cycle and stable operating conditions; 5. Strong management ability and financial strength; 6. The financial situation is good, and it has been profitable continuously in the last three fiscal years; 7. After the year-end distribution, the net assets reach 30% of all assets (according to the consolidated accounting statements); 8. Except for the investment companies and holding companies stipulated by the State Council, the balance of equity investment shall not exceed 50% of the net assets of the enterprise in principle (subject to the consolidated accounting statements); 9. The sources of funds for the shares are true and legal. (2) If the equity transferee is a domestic financial institution, it shall meet the following conditions: 1, the bank capital adequacy ratio shall not be less than 8%, and the total capital of non-bank financial institutions shall not be less than10% of the total weighted risk assets; 2. In principle, the balance of equity investment shall not exceed 50% of its net assets (in terms of consolidated accounting statements); 3. Continuous profits in the last three fiscal years; 4. Good corporate governance and sound and effective internal control; 5. The main prudential supervision indicators meet the regulatory requirements. (3) The conditions for overseas financial institutions shall be stipulated separately. When shareholders apply to transfer the equity of the Bank, the transferor and transferee shall submit the following materials to the Board of Directors of the Bank: 1. Equity transfer agreement between the transferor and the transferee; 2. The transferor's application for equity transfer, the resolution of the company's board of directors or manager's office meeting on equity transfer, the transferor's statement that the equity is in good condition, the transferor's legal person business license, and a copy of the bank share certificate held by the transferor; 3. The transferee's application for equity transfer, the resolution of the company's board of directors or manager's office meeting on equity transfer, the transferee's legal person business license, a copy of the transferee's ID card, the transferee's financial statements in the last three years, and the special audit report issued by the accounting firm on the transferee's shareholder qualification. Among them, the special audit report on the transferee's shareholder qualification issued by the accounting firm shall make a positive statement on the conditions listed in the Measures for the Implementation of Administrative Licensing Matters of Chinese Commercial Banks issued by the CBRC. After the board of directors approves the shareholders' transfer of their shares, the office of the board of directors of the Bank is responsible for the registration of changes in the register of shareholders, recording the name, address and number of shares of the transferee in the register of shareholders, notifying the relevant parties, withdrawing the transferor's share certificate, issuing the share certificate to the transferee and reporting it to the China Banking Regulatory Commission for the record. Article 71 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. Compared with other equity, the risk of bank equity is relatively low, safe and stable, and is accepted by most people.