How to deal with the transfer of equity between overseas enterprises and domestic holding enterprises?

Equity transfer is a common way for shareholders to exercise their equity. China's Company Law stipulates that shareholders have the right to transfer all or part of their capital contribution in a legal way.

The system of free transfer of shares is one of the most successful manifestations of modern company system. With the establishment of China's market economy system, the reform of state-owned enterprises and the implementation of the Company Law, equity transfer has become an important form for enterprises to raise capital, reorganize property rights and optimize resource allocation. The disputes caused by this are the most common in company litigation, and the effectiveness of the equity transfer contract is the difficulty in the trial of such cases.

Equity change process:

1. Get the Application Form for Company Change Registration (go to the registration hall window of the Administration for Industry and Commerce).

2. Change the business license (fill in the company change form, affix the official seal, sort out the amendments to the articles of association, the resolutions of the shareholders' meeting, the equity transfer agreement, the original and copy of the company business license, and go to the registration hall of the Industrial and Commercial Bureau for handling).

3. Change the organization code certificate (fill in the change form of enterprise code certificate, affix the official seal, and sort out the company change notice, copy of business license, copy of enterprise legal person ID card and the original of the old code certificate to the Bureau of Quality and Technical Supervision).

4. Change the tax registration certificate (with the tax change notice to the tax bureau)

5. Change of bank information (based on the change notice of the bank in basic deposit account)

Information required for the company's equity change:

1. company change registration application form

2. Amendment to the Articles of Association (signed and sealed by all shareholders)

3. Resolution of the shareholders' meeting (signed and sealed by all shareholders)

4. Original and copy of company license (original)

5. Copies of all shareholders' ID cards (original check)

6. Original equity transfer agreement (indicating who will transfer the equity to whom, the equity, creditor's rights and debts will be transferred together, and the transferor and transferee will sign it.