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Nantong Jing Abacus Finance & Tax Consulting Co., Ltd.
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The difference between Nantong registered company's share transfer and equity transfer
Focus: What is the difference between a stock transfer and an equity transfer? A share transfer is a move by a transferor to transfer its shares, and is usually reflected in a stock transfer method. Equity transfer is the act by shareholders to transfer their equity to others. There are differences in the rights and tasks of the subjects of the two registered companies in Tianjin, as well as the transfer.
Share transfer refers to the legal act of all the shareholders of a company who are willing to transfer their own shares to others according to law, and the assignee obtains all the rights to the shares according to law. Since the external manifestation of shares is stocks, the transfer of shares is usually reflected by the method of stock transfer.
The transfer of equity of a Nantong registered company refers to the act of a shareholder transferring its equity to other shareholders or investors other than shareholders.
The difference between Nantong registered company's share transfer and equity transfer:
1. The title of the transfer target on both sides is different, so the rights and tasks of the two sides of the subject are different.
1. Strict limited transfer system for limited liability companies to transfer equity experiments. Significant differences have been made between the transfer of the internal owner and the external transfer: the freedom of internal transfer of equity is comparatively severe; the experiment of external transfer of equity is severely restricted, and it must be approved by all other shareholders in half. Enjoy preferential purchase rights, experimental transfer registration system.
2. The transfer of equity in a company limited by shares is now simple and free to transfer experimentally. Regardless of the transfer to internal shareholders as usual external investors, free transfer is accepted. However, the "National Law" also positively limits the transfer of shares:
(1) The shares of the company held by the advocates shall not be transferred within one year from the date of establishment of the company. Shares that have been published before the company's publicly listed shares cannot be transferred within one year from the date when the company's shares are listed on the securities business.
(2) The directors, supervisors and senior management staff of the company shall report to the company the shares held by the company and its changing environment, and the shares transferred each year during the term of office shall not exceed 2% of the total shares held by the company XV; The shares held by the company shall not be transferred within one year from the date of the company's stock listing business. Within six months after the aforesaid staff member has left office, he may not transfer the shares of the company he holds.
(3) The company shall not purchase shares of the company. Except those stipulated in the Company Law.
(4) In the case of business operations, the transfer of shareholders' shares by shareholders shall be held on the occasion of securities business operations established in accordance with the law, probably in accordance with other methods prescribed by the State Council.
Second, the two are substantially different, so the transfer behavior of the two is different.
1. The editor reminds you that the equity transfer of a limited liability company is not a completely independent free transfer. The reason for this is that in addition to being cooperative, it also has a strong human nature. It is also due to strong human nature that the transfer of a limited liability company has a positive closing nature, that is, it is open to the inside and restricted to the outside.
2. Share transfer of a joint stock limited company. The share transfer of a joint stock limited company is an independent transfer, and its quality is that the joint stock limited company is a complete cooperative company.