How long does it take for the equity transfer?
1. How long does it take for the equity transfer? Time varies from place to place. After the equity change, the business license, organization code, national tax and local tax will change. There are other special approval, it should be changed or put on record. Under normal circumstances, the national tax and local tax can be issued at that time after the industrial and commercial bureau submits 7 working sunrise certificates (fastest 1 working day in Zhuhai and Shenzhen) and 3 working days (fastest 1 working day) after the information is changed. So the slowest time is 10 working days. 2. Is the equity transfer without industrial and commercial changes valid? According to Article 502 of the Civil Code (implemented from 20211): "A legally established contract shall become effective upon its establishment. If the laws and administrative regulations stipulate that approval, registration and other procedures shall take effect, such provisions shall prevail. " Accordingly, the contract between the transferor and the transferee is established, and the equity transfer between the two parties has legal effect, and no other laws and regulations require registration. Therefore, the transfer of shares between shareholders and between shareholders and non-shareholders can be directly applied to Article 31 of the Contract Law and the Regulations on the Administration of Company Registration. Although a limited liability company is required to apply for registration of change of shareholders, from the analysis of this article, it cannot be concluded that the industrial and commercial registration of equity change shall prevail. "Where a limited liability company changes its shareholders, it shall apply for registration of change within 30 days from the date of change of shareholders, and submit the legal person qualification certificate or the identity certificate of the new shareholders." It can be seen that the change registration is based on "shareholder change", and the shareholder change is obviously based on equity transfer. Shareholders without equity do not exist. The legal liability for failing to handle the change registration on time is only to order it to be handled within a time limit or fined, but it cannot deny the equity enjoyed by the new shareholder (transferee). In fact, the change of shareholders' registration is only an industrial and commercial administrative act implemented by the administrative department for industry and commerce. It only has the function of confirming the equity transfer, and does not decide whether the equity transfer will take effect. The provisions of Article 72 of the new Company Law further prove that the effectiveness of equity transfer depends on whether industrial and commercial registration is carried out. 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. To sum up, industrial and commercial change registration does not affect the effectiveness of equity transfer. The question of how long it takes for the equity transfer is as mentioned above. From the above description, we can know that when all the materials are ready and submitted to the relevant departments, it will take ten working days to handle the relevant matters, and it should take some time to prepare the relevant materials. Therefore, if important matters are involved, it is recommended to prepare the relevant matters in advance.