Where the transfer of equity requires the consent of other shareholders and enjoys the preemptive right, the relevant equity transfer procedures shall be handled in the administrative department for industry and commerce and filed. The latter needs to convene a general meeting of shareholders, which is passed by shareholders representing more than two thirds of the voting rights, and prepare relevant statements to inform creditors.
The basic process of capital reduction of the company:
1, resolution of the shareholders' meeting. The capital reduction of a limited liability company shall be decided by the shareholders' meeting according to law. The capital reduction of a wholly state-owned company shall be decided by the state-authorized investment institution or the state-authorized department.
2. Prepare balance sheet and property list.
3. Notify or announce creditors. The company shall notify the creditors within 10 days from the date of making the resolution to reduce the registered capital, and make an announcement in the newspaper at least three times within 30 days. Creditors have the right to require the company to pay off debts or provide corresponding guarantees within 30 days from the date of receiving the notice, or within 90 days from the date of the first announcement if they have not received the notice.
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Legal basis: company law
Article 71 Equity transfer
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.