What matters should be paid attention to in equity transfer?

Core content: Equity transfer refers to the equity transfer that occurs when the shareholders (transferor) and others (transferee) agree on their meaning. Since the equity transfer can only take place when the transferor and the transferee agree on their intentions, the equity transfer should be a contractual act and must be expressed in the form of an agreement. So what problems should be paid attention to in equity transfer? The following questions are answered by Bian Xiao Law Express. Thank you for reading and paying attention! Article 33 of the new Company Law stipulates that a limited liability company shall keep a register of shareholders, which shall record the following items: (1) the name and domicile of the shareholders; (2) Capital contribution of shareholders. (3) The serial number of the capital contribution certificate. Shareholders recorded in the register of shareholders may exercise their rights according to the register of shareholders. The company shall register the names of shareholders and their capital contributions with the company registration authority; Where the registered items are changed, the registration of change shall be handled. Without registration or change of registration, it may not confront a third party. Article 140 of the new Company Law stipulates that registered shares shall be transferred by shareholders by endorsement or by other means stipulated by laws and administrative regulations. For the transfer of registered shares, the company shall record the name and domicile of the transferee in the register of shareholders. Within 30 days before the shareholders' general meeting is held or within 5 days before the benchmark date when the company decides to distribute dividends, the change registration of the register of shareholders specified in the preceding paragraph shall not be carried out. According to the provisions of Article 33 and Article 140 of the Company Law, it is the company's obligation to record the results of equity transfer in the register of shareholders, amend the company's articles of association and register for industrial and commercial change. The directors of the company have the obligation to deal with it in time, and other shareholders of the company have the obligation to cooperate and assist. If the company fails to fulfill its obligations in time, the transferee may sue the company and the company shall bear corresponding responsibilities. However, the company has no obligation to supervise or judge the performance of other obligations stipulated in the transfer contract. After the transferor performs the notification obligation, the transferor's main obligations are fulfilled, unless otherwise agreed. As for the attitude and actions taken by the company and other shareholders, it is often beyond the control of the transferor. The transferee can't normally obtain shareholder status or exercise shareholder rights. If the transferor is not at fault, it doesn't have to bear the consequences. The court should not support the transferee's request to terminate the contract for the above reasons. If the company fails to perform or refuses to perform its obligations for a long time, so that the transferee cannot normally obtain shareholder status or exercise shareholder rights, the transferee's rights can obtain legal relief by suing the company and/or directors. The court may order the company and/or the directors to perform their obligations stipulated by law, so as to remove the obstacles for shareholders to exercise their rights. Further reading: the general process of equity transfer to a third party