Company transfer should pay attention to the following matters:
1, check whether the company has debt company transfer in the most important thing to pay attention to is not the transferor but the receiver, the receiver in the acquisition of a company must first consider the company's accounts, find a qualified agent bookkeeping company commissioner, scrutinize the accounts of the company to see whether the transfer of the company has potential debt.
2, check the company's previous operating conditions transferring the company was previously a legitimate business, in the course of business whether there are illegal and criminal activities, in the Industrial and Commercial Bureau file whether there is a bad record.
3, the annual inspection whether every year on time to participate in the annual inspection is the state industrial and commercial organs to check whether the enterprise is operating legally is an important means of checking the important means of inspection every year, every year must be in the specified time to participate in the, if not on time, then the enterprise will be recorded, the enterprise reputation declined, and at the same time will also be subject to the penalty provisions.
The fourth view of the company's audit report is whether the company is advancing capital to register the company, the company's registered capital is funded in place, whether there is the phenomenon of evasion of funds, the company's accounts are legal and so on, this is necessary to avoid unnecessary trouble.
Legal basis: "The Chinese People's **** and the State Company Law" Article 104 of this law and the articles of association of the company provides that the company's transfer, the transfer of major assets or the provision of guarantees to the outside world and other matters must be resolved by the general meeting of shareholders, the board of directors shall convene a meeting of the general meeting of shareholders in a timely manner, the general meeting of shareholders to vote on the above matters.
Expanded:
(1) the conditions of internal transfer
Because the transfer of equity between the shareholders only affects the proportion of internal shareholders' capital contribution, the size of the right, the limited liability company that emphasizes the human factor, the basis of its existence, that is, the mutual trust between the shareholders has not changed. Therefore, the provisions of the substantive elements of the internal transfer is not very strict, there are usually the following three cases:
One is that the shareholders are free to transfer all or part of their shares without the consent of the shareholders' meeting.
The second is that, in principle, shareholders can freely transfer all or part of their shareholdings to each other, but the articles of association of the company may impose other conditions on the transfer of shareholdings between shareholders.
Thirdly, it is stipulated that the transfer of equity between shareholders must be approved by the shareholders' meeting.
(2) outside the transfer of restrictions
limited liability company has the attributes of the people, the personal credit and mutual relations of shareholders directly affect the style of the company and even credibility, so the company law of various countries on the limited liability company shareholders to the transfer of equity to a third party outside the company, there are many restrictive provisions. Roughly can be divided into two categories of statutory restrictions and agreed restrictions.
Statutory restrictions are actually a kind of mandatory restrictions, and its basic practice is to directly stipulate the restrictions on the transfer of equity in the legislation. The transfer of equity, especially to a third party outside the company, must comply with the provisions of the law in order to be valid.
Agreed restrictions are essentially an autonomous restriction, the basic feature of which is that the law does not make mandatory requirements for the transfer of restrictions, but leaves this issue to the shareholders to deal with on their own, allowing the company to make specific restrictions on the transfer of equity through the articles of association or contracts and other forms.
Baidu Encyclopedia-Corporate Transfer