1. The negotiated price is the result of the withdrawal of shareholders through negotiation with other shareholders. If the two parties reach an agreement, the company can buy shares at the agreed price;
2. It is more flexible to stipulate the calculation method in advance in the articles of association. For example, it can be agreed that a specialized agency will conduct the evaluation;
3. Judicial evaluation of the price. When the withdrawing shareholders cannot reach an agreement with the company or other shareholders, litigation will become the last choice;
4. In the course of litigation, shareholders can apply to the people's court for judicial evaluation, and the court will entrust a professional evaluation agency to conduct the evaluation.
Provisions on the company's withdrawal of shares:
1. If the liquidation group finds that the company's assets are insufficient to pay off debts after cleaning up the company's assets and compiling the balance sheet and list of assets, it shall apply to the people's court for bankruptcy according to law.
2. After the company is declared bankrupt by the people's court, the liquidation group shall hand over the liquidation affairs to the people's court.
3. After the liquidation of the company, the liquidation group shall prepare a liquidation report, submit it to the shareholders' meeting, the shareholders' meeting or the people's court for confirmation, and submit it to the company registration authority to apply for cancellation of company registration and announce the termination of the company;
4. The administrator shall, within 10 days from the end of bankruptcy proceedings, go to the original registration authority of the bankrupt for cancellation of registration on the basis of the ruling of the people's court to end bankruptcy proceedings;
5. The administrator shall deposit the distribution amount of bankruptcy property that the creditor has not received. If the creditor fails to receive the distribution within two months from the date of the announcement of the final distribution, it shall be deemed as giving up the right to receive the distribution, and the administrator or the people's court shall distribute the distribution funds deposited to other creditors.
To sum up, the negotiated price of the company's withdrawal and liquidation is the result of consultation between the withdrawing shareholders and other shareholders. If the two parties reach an agreement, the company can buy shares at the agreed price; It is more flexible to stipulate the calculation method in advance in the articles of association, for example, it can be agreed that the evaluation will be carried out by a specialized agency.
Legal basis:
Article 124 of the Enterprise Bankruptcy Law of the People's Republic of China
After the bankruptcy proceedings are over, the guarantor of the bankrupt and other joint debtors shall continue to bear the responsibility of paying off the creditors' unpaid rights in accordance with the bankruptcy liquidation procedures.