The legal representative of the company shall be the chairman, executive director or manager in accordance with the articles of association, and shall be registered according to law. He has no right to sell the company.
The transfer, division and merger of the Company shall be approved by the shareholders' meeting of the Company.
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 to agree to the transfer of their shares. If other shareholders fail to reply within 30 days from the date of receiving the written notice, they shall be deemed to have agreed to the transfer.
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 buy, as agreed to transfer.
Under the same conditions, other shareholders have the priority to purchase the equity transferred with the consent of shareholders.
If two or more shareholders claim to exercise the preemptive right, their respective purchase proportions shall be determined through consultation;
If negotiation fails, the preemptive right shall be exercised in accordance with their respective investment proportions at the time of transfer.
Where there are other provisions on equity transfer in the articles of association, such provisions shall prevail.
legal ground
Article 3 of the company law
The company is an enterprise legal person, with independent legal person property and legal person property rights.
The company is liable for its debts with all its property.
Shareholders of a limited liability company shall be liable to the company to the extent of their subscribed capital contribution;
Shareholders of a joint stock limited company shall be liable to the company to the extent of the shares subscribed by them.
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[Lawyer's reply] Yes, but in Changsha, it needs to be sold to a qualified buyer, and the bank loan (if any) must be paid off when selling the house.
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[Lawyer's reply] Hello, my answer to your question is that as long as you get the property right certificate, you can sell it immediately.
According to state regulations, if the house has been bought and sold for more than 5 years, some taxes and fees will be reduced or exempted.
Five years later, personal income tax (the value of the house)
1.5% or, 20% of the previous house purchase price difference) and business tax (house value
5.55%)
How to pay the deed tax of new house
1, deed tax
The deed tax will be levied at the reduced rate of 1% for ordinary houses below 90 square meters, and for ordinary houses above 90 square meters (inclusive).
1.5%, if it exceeds 144 square meters (inclusive), it shall be adjusted as
1.5%, and non-residential housing is still 3%. Usually the deed tax is paid together with the down payment, and the developer collects it. After paying the relevant fees, the developer will issue a formal purchase invoice.
2. stamp duty
The total transaction volume of houses is ×0.05%, and the state has temporarily exempted the collection of house stamp duty since 2009.
3. Maintenance Fund
About 2%-3% of the purchase price.
4. Ownership registration fee
Ownership registration fee is the fee for handling property right certificate, 80 yuan/set.
5. Transaction costs
3 yuan/m2× construction area (subject to actual surveying and mapping area)
6. Property management fee
From the date of repossession, from the date of acceptance of the house by the purchaser. If the developer issues a notice of occupancy and the purchaser fails to recover the building without justifiable reasons, the property management fee can be calculated from one month after the notice of occupancy is issued. Usually three months in advance. Property management fees shall be paid for houses that the property owner has not lived in for a long time or vacant houses that the developer has not sold.
[Lawyer's reply] In theory, small property rights can't be bought or sold, and some people even choose small property rights just because the price is cheap. However, there are great risks in small property houses. If the property buyers buy it, it will have a great impact on their subsequent residence. What are the risks of buying a small property right house?
1.
Due to the nature of land, small property rights only have the function of living, and even housing loans cannot be handled. Property buyers who buy small property houses can not only borrow from banks, but also mortgage them or transfer them to the Housing Authority. Theoretically, they can't buy or sell. If they want to buy and sell privately, there is only one contract or agreement, and there is no real estate license.
2. It is easy to go wrong and it is difficult to defend rights.
If property buyers buy a small property right house, sign a contract with the developer, pay the house price, and encounter the government's rectification of the small property right house, then some projects may be stopped or even forced to be demolished. Property buyers will face the embarrassing situation that they can neither get the house nor claim the house payment in time.
3. Property and other rights and interests are not guaranteed.
Generally speaking, the management of small property houses may not keep up with the modern management mode, so the property service can not be guaranteed. In addition, after purchasing a small property right house, once the government land acquisition and demolition are encountered, the corresponding compensation for demolition cannot be obtained.
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[Lawyer's reply] According to your question, the answer is as follows: 1. If it meets the national compulsory scrapping standards and applies for scrapping, the motor vehicle owner will sell the motor vehicle to a qualified motor vehicle scrapping and recycling enterprise; 2. Motor vehicle recycling enterprises shall submit copies of motor vehicle registration certificate, license plate, driving license and scrapped motor vehicle recycling certificate within seven days after motor vehicle recycling, and apply for cancellation of registration at the registration hall of the detachment vehicle management office; 3. If the motor vehicle is lost, returned due to quality problems or is not used in China for some reason, the owner or agent of the motor vehicle shall apply for cancellation of registration with relevant materials, go through the cancellation of registration at the registration hall of the detachment vehicle management office, and obtain the motor vehicle cancellation certificate.
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[Lawyer's reply] Hello, the above questions are answered as follows. According to the Regulation on Motor Vehicle Registration, before the vehicle ownership is transferred and registered, the road traffic safety violations involving the vehicle should have been handled by the original owner of the vehicle. The original owner of the vehicle, that is, the person being executed, is often missing, and sometimes it is even impossible to determine the actual driver who violates the rules. Therefore, in the process of vehicle transfer through judicial auction, there is a phenomenon that the buyer has to bear the illegal fine. Before the transfer registration, the road traffic safety violations and traffic accidents involving vehicles should be dealt with, but due to the uncertainty of the actual driver, only the owner of the motor vehicle can be punished, not scored.
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[Lawyer's reply] New cars need to meet the national five standards before they can be licensed in Hangzhou, and used cars in the province can only be licensed in Hangzhou if they meet the national four standards. The difference between China 4 and China 5: China and China are an automobile exhaust emission standard. Among them, according to the fourth-stage national motor vehicle pollutant emission standard in China, the pollutants emitted by motor vehicles mainly include C (hydrocarbons), (nitrogen oxides), C (carbon monoxide) and (particulate matter). Through the application of better catalytic converter active layer, secondary air injection and exhaust gas recirculation system with cooling device, the pollutants emitted by vehicles can be controlled and reduced to below the specified value. Can Guo Si cars still be sold? I'm sure I can sell it. The national fourth car is still the mainstream, and it is impossible to cut across the board. For example, now that your local government has implemented the national five standards, yours is the national four car, and your car can be transferred locally normally. However, in other areas where the national five standards are implemented, there is naturally no way to transfer ownership, and others will not accept your car.
[Lawyer's reply] Hello, according to the law, "if a party transfers a motor vehicle by buying or selling, but fails to register the ownership transfer, and the motor vehicle is the responsibility of one party after a traffic accident, the insurance company shall make compensation within the limit of motor vehicle compulsory insurance liability. For the insufficient part, the transferee shall be liable for compensation. " So if there is a traffic accident, the responsibility lies with the vehicle you sell, and the ultimate responsibility lies with the buyer, not you. For the transfer problem, you can negotiate with the current actual users. If negotiation fails, they will assist in the transfer procedures. If you need legal help, you can call.
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[Lawyer's reply] In theory, small property rights can't be bought or sold, and some people even choose small property rights just because the price is cheap. However, there are great risks in small property houses. If the property buyers buy it, it will have a great impact on their subsequent residence. What are the risks of buying a small property right house?
1.
Due to the nature of land, small property rights only have the function of living, and even housing loans cannot be handled. Property buyers who buy small property houses can not only borrow from banks, but also mortgage them or transfer them to the Housing Authority. Theoretically, they can't buy or sell. If they want to buy and sell privately, there is only one contract or agreement, and there is no real estate license.
2. It is easy to go wrong and it is difficult to defend rights.
If property buyers buy a small property right house, sign a contract with the developer, pay the house price, and encounter the government's rectification of the small property right house, then some projects may be stopped or even forced to be demolished. Property buyers will face the embarrassing situation that they can neither get the house nor claim the house payment in time.
3. Property and other rights and interests are not guaranteed.
Generally speaking, the management of small property houses may not keep up with the modern management mode, so the property service can not be guaranteed. In addition, after purchasing a small property right house, once the government land acquisition and demolition are encountered, the corresponding compensation for demolition cannot be obtained.
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[Lawyer's reply] If there is nothing wrong with the car, it can be guaranteed to pass the test. If you haven't bought a new car yet, you can apply for an extension of six months. If you don't buy a new car when it expires, this card will be automatically invalidated. People who buy used cars can only apply for a new license at the vehicle management office where their ID card (household registration) is located. You must apply for a temporary residence permit before applying for a permit in a different place, and the city that needs to shake the number must get it first (see the regulations of the local vehicle management office for details). Objectively avoid speculating or reselling special number plates in cities that need to shake the number. As long as the car purchase procedures are complete, you can't buy a license plate if you want to buy it. Think about it. If you buy a car in Shanghai and shake the number, you can buy a car and get a new license plate. License plates cannot be resold with the car. The license plate can only be kept by the original owner for half a year. If the seller can sell the license plate,
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[Lawyer's reply] Hello, according to relevant regulations, during the mortgage period of the house, the borrower has no right to transfer, sell or re-mortgage the rights and interests of the house or the purchase contract. Therefore, your house cannot be traded during the mortgage period. If you want to sell a house and need to pay off the loan, the bank will issue a mortgage cancellation agreement and go to the Construction Committee to understand the mortgage procedures. Or you can repay the loan in advance and pay off the loan as soon as possible before trading. According to the regulations, if all the loan principal and interest are repaid in advance, the bank should adjust the loan interest paid in advance according to the loan term in advance, and the loan interest received will not be refunded. If you repay the loan principal and interest in advance by installments, the bank can reduce the interest of prepayment accordingly, and the specific reduction method is determined by the bank. For the process of prepayment, please refer to the following: make an appointment for repayment → deposit the money before the specified deduction date → deduct the money from the bank → issue a settlement voucher → obtain cancellation information → cancel the mortgage in the trading center.
[Lawyer's reply] Hello, according to the law, "if a party transfers a motor vehicle by buying or selling, but fails to register the ownership transfer, and the motor vehicle is the responsibility of one party after a traffic accident, the insurance company shall make compensation within the limit of motor vehicle compulsory insurance liability. For the insufficient part, the transferee shall be liable for compensation. " So if there is a traffic accident, the responsibility lies with the vehicle you sell, and the ultimate responsibility lies with the buyer, not you. For the transfer problem, you can negotiate with the current actual users. If negotiation fails, they will assist in the transfer procedures. If you need legal help, you can call.
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[Lawyer's reply] There is a sales contract for buying and selling motor vehicles signed by both parties. You can request transfer according to the contract and the other party's agreement. If the other party refuses, you can defend your rights. You can apply for enforcement after winning the case. Provisions on motor vehicle registration: Article 18 If the ownership of a registered motor vehicle is transferred, the owner of the motor vehicle shall apply to the motor vehicle management office for transfer registration within 30 days from the date of delivery of the motor vehicle. Before applying for transfer registration, the owner of a motor vehicle shall deal with the illegal acts of road traffic safety and traffic accidents involving the vehicle. Article 21 When a motor vehicle is confiscated or auctioned by the people, or arbitrated by an arbitration institution according to law, or the ownership of the motor vehicle is transferred by people's mediation, ruling or judgment, if the original motor vehicle owner fails to provide the current motor vehicle owner with the motor vehicle registration certificate, number plate or driving license, the current motor vehicle owner shall submit the notice of assistance in execution issued by the person who has not obtained the motor vehicle registration certificate, number plate or driving license, or the notice of assistance in execution issued by the people's procuratorate and the administrative law enforcement department when handling the transfer registration. The vehicle management office shall announce that the original motor vehicle registration certificate, license plate or driving license is invalid, and reissue the motor vehicle registration certificate while handling the transfer registration.
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[Lawyer's reply] Hello, my answer to this question is as follows: The house with one room and two sales belongs to it.
(1) If both contracts are not registered. In the case that both parties' contracts have not been registered and the target house has not been delivered, both parties' contracts are in a state of non-actual performance, and the judgment standard of priority performance should be based on the priority performance of the first signed contract. That is, the party who signed the contract before the date can have the property right of the house first, that is, the party who signed the contract first can get the property right of the house first;
(2) Both contracts are not registered, and one of them has been delivered to the target house. One of the contracts was actually performed, reflecting the will of the seller, and this performance was also legally performed. At this point, the party that has taken over the house can obtain the property right of the house, regardless of the order of signing the contract;
(3) If one of the two contracts has been registered and the other is not registered (no matter which party the house is delivered to), then the registered party has obtained the property right of the house. Because the registration of house transfer belongs to the category of property right change, according to the principle that property right takes precedence over creditor's rights, all contracts signed in the formalities can be confirmed, while unregistered ones can only choose to claim compensation from the seller.
"One room and two sales" should comply with the provisions of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Commercial Housing Disputes. The buyer may request to terminate the contract, return the paid house purchase price and interest, and compensate for the losses, or request the seller to undertake the compensation liability not exceeding twice the paid house purchase price.
If the seller is an ordinary person who is not a real estate development enterprise, the handling of his breach of contract and the application of the law. In this case, the dispute should be handled on the basis of claiming the liability for breach of contract to the breaching party. At this time, we can't claim punitive damages, but only claim to return the purchase price and interest and compensate for the losses.
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[Lawyer's reply] Legal advice The parties sold the vehicle to others, and both parties signed a sales contract to actually deliver the vehicle, but the transferee did not go through the transfer procedures. Vehicle registrants can defend their rights at the place where the contract is performed with the sales contract and ID card. After winning the case, you can apply to the vehicle management office where the vehicle is registered for a motor vehicle number plate announcement with the effective judgment, and the vehicle driving license and registration certificate will be invalid. According to Article 18 of the Regulations on Motor Vehicle Registration, if the ownership of a registered motor vehicle is transferred, the owner of the motor vehicle shall apply to the motor vehicle management office for transfer registration within 30 days from the date of delivery of the motor vehicle. Before applying for transfer registration, the owner of a motor vehicle shall deal with the illegal acts of road traffic safety and traffic accidents involving the vehicle.
[Lawyer's reply] Legal opinions can be resold, but the housing provident fund loan has not been repaid, so it cannot be bought or sold directly. Handle the transaction according to the following procedures: 1, remortgage 2, pay off the remaining loan with the buyer's down payment 3, and pay off the remaining loan with the bank loan. Workers who have paid housing provident fund in accordance with Article 26 of the Regulations on the Management of Housing Provident Fund may apply for housing provident fund loans to the housing provident fund management center when purchasing, building, renovating or overhauling their own houses. The housing provident fund management center shall make a decision on whether to grant loans within 15 days from the date of accepting the application, and notify the applicant; Where a loan is granted, the entrusted bank shall go through the loan formalities. The risk of housing provident fund loans shall be borne by the housing provident fund management center.
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[Lawyer's reply] First of all, any agreement and notarization do not represent the transfer of housing property rights. The state implements a real estate registration system, and real estate is acquired after marriage. If it is also your name, then the disposal and sale of the house need your signature, unless you have transferred the property right to one party in advance with the divorce agreement and re-established the property right certificate of this party, then he can dispose of it himself. "Housing Registration Measures" stipulates: Article 13 If there is a house, it shall be registered by * * * and * *. * * * If there is any change registration of house ownership, it can be applied by relevant * * *. However, if the nature or share of the * * * owner changes, the * * * owner * * shall apply. Twenty-fifth housing registration agencies shall, according to the records of the housing register, issue a certificate of housing ownership to the obligee. The house ownership certificate is the proof that the obligee enjoys the house right, including the House Ownership Certificate and the House Ownership Certificate. If the registered house is owned by * * *, the house registration agency shall indicate the words "owned by * * *" on the house ownership certificate. After the advance notice registration, mortgage right registration of construction in progress and other matters stipulated by laws and regulations are recorded in the house registration book, the house registration agency will issue the registration certificate. Twenty-sixth housing ownership certificate, registration certificate and housing register records are inconsistent, unless there is evidence to prove that the housing register is indeed wrong, otherwise the housing register shall prevail.
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[Lawyer's reply] Hello, the above questions are answered as follows. According to the Regulation on Motor Vehicle Registration, before the vehicle ownership is transferred and registered, the road traffic safety violations involving the vehicle should have been handled by the original owner of the vehicle. The original owner of the vehicle, that is, the person being executed, is often missing, and sometimes it is even impossible to determine the actual driver who violates the rules. Therefore, in the process of vehicle transfer through judicial auction, there is a phenomenon that the buyer has to bear the illegal fine. Before the transfer registration, the road traffic safety violations and traffic accidents involving vehicles should be dealt with, but due to the uncertainty of the actual driver, only the owner of the motor vehicle can be punished, not scored.
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[Lawyer's reply] Article 1 The seller sells used motor vehicles that meet the following conditions according to law: Owner's name: _ _ _ _ _ _ _ _; Number plate: _ _ _ _ _ _ _; Brand model: _ _ _ _ _ _ _; Initial registration date: _ _ _ _ _ _ _ _; Engine number: _ _ _ _ _ _ _; Frame number: _ _ _ _ _ _; The validity period of road maintenance fee payment is from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. The latest annual inspection time: _ _ _ _ _ _ _; Kilometers traveled: _ _ _ _ _ _ _ _; Nature of vehicle use: □ passenger transport, □ freight transport, □ rental, □ lease, □ non-operation, □ other; The vehicle is mortgaged (Yes/No). Other conditions: _ _ _ _ _ _. Article 2. The car payment and delivery are 1. The car fare is _ _ _ _ _ _ _ yuan (excluding tax); Capital: _ _ _ _ _ _. The buyer shall pay the fee from the date of the month to the date of the month. The seller shall deliver the vehicle and related documents within _ _ _ _ _ days after receiving the down payment for the vehicle, and assist the buyer to complete the vehicle transfer registration procedures within 15 working days. The way to pay taxes and fees in the process of vehicle transfer is _ _ _ _ _ _ _. 3. Relevant documents include: □ motor vehicle driving license, □ motor vehicle registration certificate, □ vehicle purchase surcharge certificate, □ tax payment certificate, □ vehicle annual inspection certificate, □ road maintenance fee payment certificate, □ used motor vehicle sales power of attorney, _ _ _ _ _ _. Article 3 Rights and obligations of both parties. The seller shall ensure that it has the right to own or dispose of the sold vehicle, and that the vehicle conforms to the relevant provisions of the state and can handle the transfer and registration procedures according to law. 2. The seller guarantees that the relevant documents provided to the buyer are true and effective, and the vehicle condition statement is complete and true, and there are no concealment or false elements. 3. The buyer shall inspect the car face to face with the seller at the agreed time and place and check the relevant documents, and pay the car payment as agreed. 4. After receiving the purchase price, the seller shall issue a legal and standardized receipt. 5. The buyer shall handle the vehicle transfer registration formalities with the seller with valid certificates. 6. After the delivery of the vehicle, the user shall be responsible for the problems arising from the use of the vehicle during the transfer of ownership and membership. 7._________。 Article 4 Liability for breach of contract 1. If a third party claims the right to the vehicle and has conclusive evidence, the seller shall bear all the losses caused to the buyer. 2. If the seller fails to deliver the vehicle or related documents as agreed, the seller shall pay a penalty of _ _ _ _% of the vehicle price every day. 3. If the vehicle cannot be transferred or registered within the agreed time limit due to the seller's reasons, the buyer has the right to ask the seller to return the car payment and bear all losses; If the vehicle cannot be transferred or registered within the agreed time limit due to the buyer's reasons, the seller has the right to require the buyer to return the vehicle and bear all losses. 4. If the buyer fails to pay the remaining car payment as agreed, the seller has the right to ask the buyer to bear all the losses caused thereby. 5._________。 Article 5 Settlement of Contract Disputes Disputes arising under this contract shall be settled by both parties through consultation or application for mediation; If negotiation or mediation fails, it shall be settled by the following _ _ _ _ method (only one of the following two methods can be selected): (1) Submit it to the _ _ _ _ Arbitration Commission for arbitration; (2) It belongs to a person with jurisdiction according to law. Article 6 Other 1. _ _ _ _ _ _ _ 2. This contract is made in triplicate, one for the buyer, one for the seller and one for the filing authority. This contract shall come into effect after being signed and sealed by both parties. After the contract comes into effect, both parties shall change or supplement the contents of the contract in written form as an annex to this contract. The annex has the same legal effect as this contract. Buyer (seal) : _ _ _ _ _ _ _ _ _ _ _ _ Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Phone number
[Lawyer's reply] Hello, you can pay off all the bank loans first, and then conduct normal business. For detailed answers, please contact or interview. I am lawyer Li from Xinxiang, and I am willing to serve you wholeheartedly!
[Lawyer's reply] Hello, my answer to your question is that the auction of a house can usually be completed in about six months. When executing a house, you need to go through the following procedures: before the auction, the corresponding house will be sealed up, and then the professional will evaluate the value of the house. Only after the value of the house is determined can it formally enter the auction procedure. The next step is to really enter the auction: when no one bids or the bidder's price should be lower than the reserve price, if the application executor or other enforcement creditors present apply for or agree to accept the auction property at the reserve price set by the auction, they should hand over the property to pay off their debts. If no one bids at auction or the bidder's bid price is lower than the reserved price, it shall be auctioned again within 60 days. If the second auction fails, the third auction shall be held within 60 days. In addition, the seal-up ruling, evaluation report and auction ruling all need to be delivered to both parties, and it takes time. If the relevant legal documents cannot be served, they need to be served by public announcement. The announcement period is two months, and the biggest uncertainty is at this stage.
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