Current location - Loan Platform Complete Network - Loan intermediary - What are the procedures for shareholders to pledge loans with equity?
What are the procedures for shareholders to pledge loans with equity?
Legal analysis: 1. Preliminary work 1. Understand the pledgor and the equity to be pledged. 2. Where the pledged shares are shares of a limited liability company, a pledge resolution can only be made with the consent of more than half of the shareholders of the company. 3. Understand whether the pledged shares are defective. Two, sign a pledge contract or endorsement pledge, provide loans required by the borrower. Third, the realization of rights. If the pledgor fails to repay the loan at maturity, the pledgee may claim the creditor's rights through agreement or litigation.

Legal basis: People's Republic of China (PRC) Company Law.

Article 71 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. Under the same conditions, other shareholders have the priority to purchase the equity transferred with the consent of shareholders. If two or more shareholders claim to exercise the preemptive right, their respective purchase proportions shall be determined through consultation; If negotiation fails, the preemptive right shall be exercised in accordance with their respective investment proportions at the time of transfer. Where there are other provisions on equity transfer in the articles of association, such provisions shall prevail.

Article 72 When the people's court transfers the shareholder's equity according to the compulsory execution procedure prescribed by law, it shall notify the company and all shareholders, and other shareholders have the preemptive right under the same conditions. Other shareholders who fail to exercise the preemptive right within 20 days from the date of notification by the people's court shall be deemed to have waived the preemptive right.

Article 443rd of the Civil Law of People's Republic of China (PRC) pledges the fund share or equity, and the pledge right is established when the pledge registration is handled. After the pledge, the fund share and equity shall not be transferred, except that the pledgor and the pledgee agree through consultation. The pledgor shall pay off the debts in advance to the pledgee or deposit the proceeds from the fund share and equity transfer.