2. Hire a lawyer to conduct due diligence.
3. The transferor and the transferee shall conduct substantive negotiation and judgment.
4, the transferor (state-owned, collective) enterprises to the higher authorities to apply for equity transfer, and approved by the higher authorities.
5. Evaluation and inspection (private limited companies can also determine equity transfer price through consultation).
6. If the transferred equity belongs to a state-owned enterprise or a wholly state-owned limited company, it needs to be approved and confirmed by the State-owned Assets Supervision and Administration Office, and then evaluated by an asset appraisal firm. Other types of enterprises can go directly to the accounting firm to check the changed capital.
7. The transferor holds a staff meeting or shareholders' meeting. Enterprises with the nature of collective enterprises need to convene a staff meeting or a staff representative meeting, and form a resolution of the staff representative meeting according to the provisions of the Trade Union Law. In the case of a limited company, it is necessary to convene (part of) the shareholders' meeting and form a resolution of the shareholders' meeting, and adopt and form a written resolution of the shareholders' meeting in accordance with the procedures and voting methods stipulated in the articles of association.
8. The company in changes in equity needs to convene a general meeting of shareholders and form a resolution.
9. The transferor and the transferee sign an equity transfer contract or equity transfer agreement.
10. The property rights exchange center will hear the contract and its annexes and handle the delivery procedures (private limited company is not required).
1 1, and go through the change registration formalities with relevant departments.
Legal basis: Article 13 of the Provisions of the Supreme People's Court on the Application of Several Issues, if a shareholder fails to perform or fails to fully perform his capital contribution obligations, and the company or other shareholders request him to fully perform his capital contribution obligations to the company according to law, the people's court shall support it.
If the creditors of the company request the shareholders who have not fulfilled their capital contribution obligations or have not fully fulfilled their capital contribution obligations to assume supplementary liability for the outstanding part of the company's debts within the scope of outstanding principal and interest, the people's court shall support it; Shareholders who fail to perform or fully perform their capital contribution obligations bear the above responsibilities, and if other creditors make the same request, the people's court will not support it.
The people's court shall support the plaintiff who, when the company was established, the shareholders failed to perform or did not fully perform their capital contribution obligations and filed a lawsuit in accordance with the provisions of the first paragraph or the second paragraph of this article, requesting the promoters of the company and the defendant shareholders to bear joint liability; After the promoters of the company bear the responsibility, they may claim compensation from the defendant shareholders.
The people's court shall support the plaintiff in the process of capital increase of the company, and the shareholders fail to fulfill or not fully fulfill their capital contribution obligations, and bring a lawsuit in accordance with the provisions of the first paragraph or the second paragraph of this article, and demand the directors and senior managers who fail to fulfill their obligations as stipulated in the first paragraph of Article 147 of the Company Law to bear corresponding responsibilities. After the directors and senior managers assume the responsibilities, they may claim compensation from the defendant shareholders.