How to deal with the original shareholders after the company is acquired depends on the acquisition agreement. If the shareholder's equity is acquired, it is necessary to cancel the registration, and amending the articles of association is the content of equity filing.
How to deal with the original shareholders after the company is acquired;
1. Acquisition of equity of some shareholders. For the shareholders whose shares are acquired, the acquisition of the company means the transfer of their shares, and the original shareholders are no longer related to the company; The original shareholders who have not acquired the shares of the company are still shareholders of the company;
2. All the shares of the company should be acquired. This acquisition means that all the original shareholders have transferred their shares, and the original shareholders are no longer qualified as shareholders. At the same time, the original shares of the original shareholders can be realized after the company is acquired. Where the company's articles of association stipulate specific division methods, it shall be handled in accordance with the company's articles of association. If there is no agreement, it shall be divided according to the shareholding ratio. However, reasonable expenses and expenses should be deducted before division.
Enterprise acquisition refers to the purchase of all or part of assets or property rights of another enterprise by one enterprise.
1. What should the shareholders of the company do if they encroach on the company's property?
Where a shareholder of the company encroaches on the company's property, the company has the right to require the shareholder to return the encroached property. If the shareholder refuses to return it, the company can file a lawsuit. If the shareholders who embezzle financial affairs are employees of the company, it may constitute the crime of duty embezzlement, and they can report it to the public security organ for handling.
The crime of duty embezzlement refers to the illegal possession of the property of a company, enterprise or other unit by taking advantage of its position, and the amount is relatively large.
Second, the constitutive elements of the crime of duty embezzlement:
1, object elements, the object of this crime is the property ownership of companies, enterprises or other units.
2, objective elements, this crime is objectively manifested in the use of the convenience of the position, occupying the property of the unit, a large amount of behavior.
3, the main elements, the subject of this crime is a special subject, including the personnel of companies, enterprises or other units.
4. Subjective elements. Subjectively, this crime is direct and intentional, with the purpose of illegally occupying the property of a company, enterprise or other unit.
Third, the sentencing standards for the crime of duty embezzlement:
1. A staff member of a company, enterprise or other unit who, by taking advantage of his position, illegally takes the property of his unit for himself, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined;
2. Whoever commits this crime, if the amount is huge, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined;
3. If the amount of this crime is especially huge, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and fined.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 172 of the Company Law
Company merger can adopt absorption merger or new merger.
A company absorbs other companies for merger, and the absorbed company is dissolved. The merger of two or more companies to form a new company is a new merger, and the parties to the merger are dissolved.
Article 173
When a company is merged, all parties to the merger shall sign a merger agreement and prepare a balance sheet and a list of assets. The company shall notify the creditors within 10 days from the date of making the merger resolution and make an announcement in the newspaper within 30 days. Creditors may, within 30 days from the date of receiving the notice, or within 45 days from the date of announcement if they have not received the notice, require the company to pay off debts or provide corresponding guarantees.