Equity can be transferred at a discount, and there is no need to change the amount of capital contribution in the articles of association when transferring equity at a discount;
As the capital contribution in the articles of association is related to the discount transfer of shares, the capital contribution in the articles of association can only be changed if the capital contribution is increased or decreased.
Article 71 of the Company Law stipulates that 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 of the transfer of shares in order to obtain their consent. If other shareholders fail to reply within 30 days from the date of receiving the written notice, it shall be deemed that the transfer is allowed.
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 choose, as allowed to turn.
Changes in the amount of capital contribution in the Articles of Association must go through the formalities of increasing or decreasing the registered capital, otherwise it cannot be changed. Therefore, the equity transfer of an enterprise, no matter whether the amount of equity transfer is higher than or lower than the registered capital, can not cause the change of the amount of withdrawn capital contribution stipulated in the articles of association.
1. There is a certain relationship between the amount of equity transfer contract and the amount of capital contribution in the Articles of Association.
The contract amount of equity transfer is related to the use value of equity, which is related to the total assets and future development trend of the enterprise. The amount of capital contribution required by the articles of association may cause losses in the whole process of enterprise development, and may also accumulate property far higher than the amount of capital contribution of the enterprise. Therefore, the equity transfer is related to the capital contribution in the articles of association.
2. There are only two ways to change the capital contribution in the Articles of Association, namely, increasing the registered capital or decreasing the registered capital.
The pricing of equity transfer can't be agreed by the bosses of both parties with a clap of their heads and a wave of their hands. Instead, it must be fully investigated by technical professional equity criminal defense lawyers and even accountants, and the pricing must be formulated by integrating various reference factors, balancing multi-party dominance and the best cost, so as to ensure that both buyers and sellers of equity transfer can obtain the most fair and just benefits.