1. Shareholders have the preemptive right.
? Article 72 of China's 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.
2. The lessee has the preemptive right.
When the lessor sells the house, it shall notify the lessee three months in advance, and the lessee shall enjoy the preemptive right under the same conditions.
3.* * * Some people have the preemptive right * * *.
* * * Some people dispose of their share, while others * * * enjoy the preemptive right under the same conditions.
4. The original tenants of public old houses have the preemptive right.
According to the relevant provisions of the law, the original tenants have the preemptive right to the old public houses to be sold.
5. The original property unit has the preemptive right to the house.
If the original property right of the second-hand house belongs to the unit, it is necessary to obtain the consent of the original property right unit and issue relevant certificates at the time of transaction before the contract is valid and the buyer and seller can handle the transfer.
6. Preemptive right in intellectual property law.
(1) The invention completed under the entrustment contract belongs to the developer. If the developer assigns the right to apply for a patent, the principal has the preemptive right.
(2) the right to use and transfer the technical achievements of the post belongs to the unit. When the unit transfers the technical achievements of the post, the completer has the preemptive right.
(3) The patent application right of the invention completed by the cooperative technology development contract belongs to the cooperative partner * * *, and when one party transfers it, the other party has the preemptive right.
7. Tenants have the preemptive right.
Tenants have the preemptive right.
? Article 726 of China's Civil Code stipulates that if the lessor sells the leased house, it shall notify the lessee within a reasonable period before the sale, and the lessee has the preemptive right under the same conditions; Except that the house is preempted by the owner or the lessor sells the house to a close relative. After the lessor performs the notification obligation, if the lessee fails to explicitly express the purchase within fifteen days, it shall be deemed that the lessee waives the preemptive right.
Supplementary materials:
The Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Disputes over Urban Housing Lease Contracts stipulates: "In any of the following circumstances, if the lessee advocates to purchase the house first, the people's court will not support it:
(a) The house * * * has the preemptive right;
(2) The lessor sells the house to close relatives, including spouses, parents, children, brothers and sisters, grandparents, grandchildren and grandchildren;
(3) After the lessor performs the notification obligation, the lessee fails to explicitly indicate the purchase within fifteen days;
(4) The third party purchases the leased house in good faith and has gone through the registration formalities.
Two. The legal provisions of the preemptive right are:
? First of all, Articles 72 and 73 of China's Company Law make specific provisions on shareholders' preemptive right. It means that when the shareholders of a limited liability company transfer their shares, other shareholders have the preemptive right under the same conditions;
Second, specifically, only the shareholders of limited liability companies have this right;
Third, priority must be given in order based on the same conditions.
Relevant laws and regulations:
Article 7 1 of the Company Law stipulates: "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. "
? Article 72 of the Company Law stipulates: "When the people's court transfers the shareholder's equity according to the compulsory execution procedures prescribed by law, it shall notify the company and all shareholders, and other shareholders have the preemptive right under the same conditions. Other shareholders who fail to exercise the preemptive right within 20 days from the date of notification by the people's court shall be deemed to have waived the preemptive right.