Purchase and sale of shares in the authorized capital of the company - is one of the most complicated transactions considered in the modern civil turnover.As the law and the provisions of the Company Charter regulate the procedure for concluding such deals.Operating in today's time legal provisions enable the founders to make the statute of limitations on the share sale to third parties, except this can be special conditions for the notification of the transaction, which must be accomplished.
Alienation of shares in the company
process of transferring the share to a third party is possible only after obtaining the consent of all participants in an LLC, which have priority rights to purchase shares of the company.Therefore, the founder must first notify their partners for the sale of shares and receive from each of them a permit.The law allowed carry out these procedures in any form (written or oral), however, to avoid possible risks to challenge the signed contract for the purchase of a share, better to send to all the participants and of the limited liability company notice in writing.According to the general rule, the founders of LLC must respond within one month after receive written notification.If that is not sent, then, I believe that consent to the transaction received.Charter of the organization may include other terms to perform these actions.
In the event of failure of the sale of shares in the authorized capital of LLC must be made to any participant who wishes to buy it, or society itself.In the latter case it refers to the distribution of the share at the general meeting between the other founders of the law for a certain period of time.In this case, it should be noted that the founder can sell only the portion of the share for which payment is made, with incomplete contribution to the authorized capital of the sale shall be paid only part of it.
sale of shares in the authorized capital of
It should be noted that the contracts of transactions on purchase and sale must be certified by a notary.It should be noted that preliminary agreements are the same rules.Of course, this order the commission of such transactions is considerably more complicated, but it gives a quite effective protection against raider capture business.
selling stake in OOO: notarization of the transaction
to authenticate a contract sale of shares by a notary by the parties must be given a passport, founding documents, extract from the state common register of legal entities, ORGN AND INN society, notarized consent of the spouses (if the impossibility of their personal presence).In addition to these, require documents which confirm the fact of payment of a share or part of, the contract documents showing that the notification procedure has been made of the founders.And finally, the need of the state duty payment receipt and the completed application form for R14001 amending the Incorporation.
All submitted documents are checked by the notary, and if there is no paperwork errors, he assured the contract.Parties are handed out two copies of identification with the inscription.Within three days after the transaction the notary documents are submitted to the tax authorities for changes to the Incorporation.Five days after the signing of a representative of the IRS can obtain a certificate.
It is said that if the sale of shares in the authorized capital of the Company was made between the founders, that all of the required documents and the application will also have to certify R14001 notary.
