Limited Liability Companies 0
Changing ownership of the organization – a situation which appears in today's business at every step. Transaction for the sale of shares in the authorized capital of a relatively easy way to change the owner of the company. Rob Crossland has many thoughts on the issue. The fact is that to sell, for example, company can not just as a property complex, transferring all its assets under a contract of sale, but also through changes in ownership of the enterprise as a legal entity. We remind you that from 01 July 2009 in connection with the Addendum to the Civil Code of basic documents on the sale of a share company to be notarized. The most frequent situation – in the company several founders.
Some of the founders want to sell their shares to another company (not founder) man, so selling part of the enterprise. If the remaining founders are not against the sale of shares to a stranger, how is this happening? Indeed, in accordance with paragraph 4 of Article 21 of the Federal Law 'On Limited Liability Companies "and paragraph 2 of Article 93 of the Civil Code, the founders of the Company shall have the preemptive right to purchase a share or part of the participant's share of the Company on the terms of the offer to another person or for other than its pre-established price of the Company's charter. And yet, if the remaining founders do not have anything against the transfer of shares, significant problems can not be. Sale of equity stake in company step by step: It must be understood that the procedure for the alienation of shares in the company – a multi-step process, which has a number of issues that must be considered. Key details are as follows: 1. can only alienate already paid for the share 2.
should be fully implemented preemptive right to purchase shares of the other founders of the Company or directly by the Company 3. in the text of the Charter of the Company may not be any prohibitions or restrictions on the transfer shares to third parties 4. transactions designed to dispose of a share or part in the share capital of the Company, subject to notarial certification. Failure to comply with the notarial form of the transaction leads to its insignificance, 5. in If the seller of shares is a natural person must be documentary evidence of the consent of the spouse seller to dispose of shares 6. if the seller or buyer of shares is a legal entity, consent is required for the purchase and sale of shares by the General Meeting / Board of Commissioners of persons seller or buyer, if the purchase and sale of shares comes within the definition of a big deal or transaction in an interested party, 7. in some cases require approval of the sale shares in the relevant competition authorities. We see that the sale of shares llc, though the procedure that requires punctuality and full fulfillment of all requirements of the legislation in this area, but quite doable if you have all the necessary conditions.