Equity auction process

Legal analysis: 1. The people's court entrusts an appraisal institution with corresponding qualifications to appraise the equity price. When evaluating, the people's court may order the relevant enterprises to provide accounting statements and other materials; If the relevant enterprise refuses to provide it, it can be forcibly extracted. The evaluation institution shall be determined by the people's court after the parties reach an agreement through consultation; If negotiation fails, it shall be randomly determined from the list of evaluation institutions determined by the people's court in charge of execution or the people's court where the property of the person subjected to execution is located; The people's court shall allow the parties to apply for the determination of the evaluation agency by public bidding. 2. After the people's court receives the evaluation report made by the evaluation institution, it shall serve the evaluation report on the parties within five days. If a party has any objection to the evaluation report, it may submit it to the people's court in writing within ten days after receiving the evaluation report. 3. Determine the auction institution. After the parties negotiate the auction institution, it shall be examined and determined by the people's court; If negotiation fails, it shall be randomly determined from the list of auction institutions of the execution court or the court where the property of the person subjected to execution is located; The people's court shall recognize the application of both parties to determine the auction institution through public bidding. 4. The auction reserve price shall be determined by the people's court with reference to the evaluation price. At the first auction, it shall not be less than 80% of the evaluation price or market price; If there is an auction target, the reserve price may be reduced as appropriate when the auction is held again, but the amount reduced each time shall not exceed 20% of the previous reserve price. The proceeds from the auction are used to repay debts. 5. If there is no bidder in the auction or the highest bid price of the bidder is lower than the reserve price, and the application executor or other enforcement creditors present do not apply to pay off the debts at the reserve price determined by the auction, it shall be auctioned again within 60 days. 6. If the second auction is still unsuccessful, the people's court may, in accordance with the provisions, price the shares and pay off the debts to the applicant executor or other enforcement creditors. If the application executor or other enforcement creditors refuse to accept or fail to pay off the debts according to law, the third auction shall be held within 60 days. 7. If the third auction fails and the applicant executor or other enforcement creditors refuse to accept or fail to accept the real estate or other property rights to pay off debts according to law, the people's court shall issue a certificate within seven days from the end of the third auction? Publish a sales announcement. If no buyer is willing to buy the property at the reserve price of the third auction within 60 days from the date of announcement, and the application executor and other enforcement creditors still refuse to accept the property to pay off debts, the investigation shall be terminated? Seal up and freeze the property and return it to the person subjected to execution, except that other enforcement measures can be taken against the property.

Legal basis: Article 73 of the Company Law of People's Republic of China (PRC) informs the company and all shareholders that other shareholders have the preemptive right under the same conditions, and informs other shareholders to exercise the preemptive right within the prescribed time limit, otherwise it will be regarded as giving up the preemptive right. If other shareholders exercise the preemptive right within the prescribed time limit, they will execute this part of the money to the application executor.