1. Check whether the company has debts. The most important thing to pay attention to in company transfer is not the transferor, but the transferee. When acquiring a company, the undertaker should first consider the company's accounts, find a qualified bookkeeping company Commissioner, and carefully check the company's accounts to see if the transferred company has potential debts.
2. Check the company's previous operation, whether the company operated legally before the transfer, whether there were any illegal and criminal acts during the operation, and whether there were any bad records in the archives of the Industrial and Commercial Bureau.
3. Whether to attend the annual inspection on time every year is an important means for the state industrial and commercial authorities to check whether the enterprise is operating legally. It is an important means that must be checked every year, and it must be attended within the specified time every year. If you don't attend on time, the enterprise will be recorded, its reputation will decline and it will be punished at the same time.
Fourth, it is necessary to check whether the company's audit report is a registered company, whether the company's registered capital is invested in place, whether there is a phenomenon of withdrawing capital contribution, and whether the company's accounts are legal. , so as not to bring unnecessary trouble.
Legal basis: Article 104 of the Company Law of People's Republic of China (PRC). If this Law and the Articles of Association stipulate that the transfer, assignment or external guarantee of the company's major assets must be decided by the shareholders' meeting, the board of directors shall convene the shareholders' meeting in time, and the shareholders' meeting shall vote on the above matters.
Extended data:
(1) internal transfer conditions
Because the equity transfer between shareholders will only affect the proportion of internal shareholders' investment, that is, the size of rights, for a limited liability company that attaches importance to human factors, its foundation of existence, that is, the mutual trust between shareholders, has not changed. Therefore, the provisions on the substantive elements of internal transfer are not strict, and there are usually the following three situations:
First, shareholders can freely transfer all or part of their shares without the consent of the shareholders' meeting.
Second, in principle, shareholders are free to transfer all or part of their shares, but the articles of association can attach other conditions to the transfer of shares between shareholders.
Third, it is stipulated that the equity transfer between shareholders must be approved by the shareholders' meeting.
(2) Restrictions on foreign transfer
Limited liability company has the attribute of human cooperation, and the personal credit and relationship of shareholders directly affect the style and even reputation of the company. Therefore, many countries have many restrictive regulations on the transfer of shares by shareholders of limited liability companies to third parties outside the company. It can be roughly divided into two categories: statutory restrictions and agreed restrictions.
Legal restriction is actually a compulsory restriction, and its basic practice is to directly stipulate the restrictive conditions of equity transfer in legislation. The transfer of equity, especially to a third party outside the company, must comply with the provisions of the law to be effective.
In essence, agreed restriction is an autonomous restriction. Its basic feature is that the law does not impose rigid requirements on transfer restrictions, but leaves this issue to shareholders to deal with themselves, allowing companies to make specific restrictions on equity transfer through articles of association or contracts.
Baidu Encyclopedia-Company Transfer