Shareholder withdrawal mechanism of limited liability company

Legal subjectivity:

I don't know what form you are talking about withdrawing shares. Under the existing company law system, shareholders can withdraw from the company in two ways: one is equity transfer; Second, reduce the registered capital and cancel the shares; If the former needs the consent of other shareholders and enjoys the preemptive right, it shall go through the relevant equity transfer procedures in the administrative department for industry and commerce and put it on record; The latter needs to convene a general meeting of shareholders, which is passed by shareholders representing more than two-thirds of the voting rights. If Zhang withdraws from the company through legal procedures, and there is no relevant non-competition agreement between Zhang and the company, Zhang does not need to be responsible for the original company when establishing a new company. On the contrary, he needs to bear the corresponding liability for compensation. Relevant basis: Article 36 of the Company Law. After the establishment of the company, shareholders may not withdraw their capital contribution. Article 44 The methods of discussion and voting procedures of the shareholders' general meeting shall be stipulated in the articles of association, unless otherwise stipulated in this Law. The shareholders' meeting shall make resolutions on amending the Articles of Association, increasing or decreasing the registered capital, and on the merger, division, dissolution or change of corporate form of the company, which must be approved by shareholders representing more than two thirds of the voting rights. Article 72 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. Article 149 Directors and senior managers shall not commit any of the following acts: (1) misappropriating company funds. (2) Opening an account for the company's funds in its own name or in the name of other individuals. (3) Lending the company's funds to others or providing guarantee for others with the company's property without the consent of the shareholders' meeting, the shareholders' general meeting or the board of directors, in violation of the provisions of the company's articles of association; (four) in violation of the articles of association of the company or without the consent of the shareholders' meeting or the shareholders' meeting, enter into a contract or conduct a transaction with the company; (5) Without the consent of the shareholders' meeting or shareholders' meeting, taking advantage of his position to seek business opportunities belonging to the company for himself or others, and running the same business as the company he works for; (six) accept the entrustment of others and regard the transaction with the company as your own; (seven) unauthorized disclosure of company secrets; (8) Other acts that violate the obligation of loyalty to the company. The income of directors and senior managers who violate the provisions of the preceding paragraph shall be owned by the company.

Legal objectivity:

Article 71 of People's Republic of China (PRC) Company Law 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.