The withdrawal application form is as follows:
The body part is the main body of the application. Make a request first, and then explain the reasons. The reasons should be written objectively and fully, and the matters should be written clearly and concisely.
Write down idioms such as "hereby apply", "implore the leader to help solve the problem" and "hope the leader to study and approve". You can also use polite expressions such as "from here" and "salute".
Signature and date
The name of the applicant should be clearly written in the individual application, and the name of the unit should be written and stamped with the official seal in the unit application, and the date should be indicated.
Extended data:
The company can transfer its shares if it is not operating legally, but it cannot withdraw its shares directly. When the company does not distribute profits to shareholders for five consecutive years, and the company should make profits for five consecutive years and meet the conditions for distributing profits; The merger, division or transfer of the company's main property; If the business term stipulated in the Articles of Association expires or other dissolution reasons stipulated in the Articles of Association occur, and the shareholders' meeting adopts a resolution to amend the Articles of Association to make the company survive, the shareholders may request to withdraw their shares.
Legal basis:
company law
Article 74
In any of the following circumstances, the shareholders who voted against the resolution of the shareholders' meeting may request the company to purchase its equity at a reasonable price:
(a) the company has not distributed profits to shareholders for five consecutive years, but the company has made profits for five consecutive years and meets the conditions for distributing profits as stipulated in this Law;
(2) The merger, division or transfer of the company's main property;
(3) Upon the expiration of the business term stipulated in the Articles of Association or other reasons for dissolution stipulated in the Articles of Association, the shareholders' meeting will adopt a resolution to amend the Articles of Association to make the Company survive. If the shareholders and the company fail to reach an equity purchase agreement within 60 days from the date of adoption of the resolution of the general meeting of shareholders, the shareholders may bring a lawsuit to the people's court within 90 days from the date of adoption of the resolution of the general meeting of shareholders.
First, the prosecution conditions of shareholder representative litigation
1. The plaintiffs who brought the representative lawsuit were "shareholders of limited liability companies and shareholders of joint stock limited companies who individually or collectively held more than 1% of the shares of the company for more than 180 consecutive days".
(1) Shareholders who have the right to file a representative lawsuit must be shareholders of the company. Non-shareholders or those who have lost their shareholder qualification when filing a lawsuit have no right to file a representative lawsuit.
(2) the qualification of shareholders to bring a representative lawsuit. In order to prevent individual shareholders from arbitrarily using this litigation right, causing directors, supervisors and senior managers to be tired of responding to lawsuits, unable to concentrate on managing and supervising the company's affairs, and affecting the normal production and business activities of the company, it is necessary to limit the qualifications of shareholders who file representative lawsuits.
According to the provisions of this article, shareholders of limited liability companies and shareholders of joint stock limited companies who individually or collectively hold more than 1% of the shares of the company for more than 180 consecutive days.
If the continuous shareholding period exceeds 180 days, it is the due shareholding time when the shareholder brings a lawsuit to the people's court; The stipulated total holding of more than 65,438+0% of the company's shares means that two or more shareholders hold shares in total.
2. The prerequisite for shareholders to file a representative lawsuit
Before a shareholder brings a representative lawsuit, he shall first make a request to the above-mentioned relevant company authorities in accordance with the law, requiring the relevant company authorities to bring a lawsuit directly to the people's court. If the relevant authorities of the company refuse to perform their duties or delay in performing their duties after receiving the request, shareholders have the right to bring a representative lawsuit to the people's court in their own name in order to safeguard the interests of the company. This is the pre-procedure of shareholder representative litigation, also known as the principle of exhaustion of internal remedies.