1. Understand the articles of association and shareholders' agreement.
First of all, the settlement of the company's share withdrawal money needs to be carried out in accordance with the articles of association and the shareholders' agreement. These documents usually stipulate the conditions, procedures and calculation methods for shareholders to withdraw their shares. Therefore, before the withdrawal and settlement, both shareholders and the company need to carefully consult the relevant documents to ensure that the rights and interests of both parties are guaranteed.
Second, carry out financial liquidation
After the shareholders decide to withdraw their shares, the company needs to carry out financial liquidation. This includes calculating the value of the shares held by shareholders, liquidating the company's assets and liabilities, etc. Among them, the calculation of share value may involve many factors such as the company's net assets, profitability, market prospects and so on. In addition, the company also needs to pay dividends, bonuses and other rights and interests due to shareholders.
Third, determine the payment method of cash withdrawal.
According to the results of financial liquidation, the company and shareholders need to negotiate to determine the payment method of stock withdrawal. Generally speaking, withdrawals can be paid in cash or by bank transfer. The choice of payment method needs to consider the actual situation and needs of both parties to ensure that the cash withdrawal can reach the shareholders in time and safely.
Fourth, deal with tax issues.
In the process of withdrawing shares, we also need to pay attention to the handling of tax issues. According to relevant laws and regulations, shareholders' withdrawal of shares may generate certain taxes and fees. Therefore, companies and shareholders need to understand the relevant tax policies to ensure that the stock withdrawal process conforms to the tax laws and avoid unnecessary tax risks.
To sum up:
The settlement method of the company's share withdrawal money shall be implemented in accordance with the articles of association, shareholders' agreement and relevant laws and regulations. In the process of withdrawing shares, both parties need to carry out financial liquidation, determine the payment method of withdrawing shares and deal with tax issues. Ensure the protection of shareholders' rights and interests through legal and compliant operation, and maintain the steady operation of the company.
Legal basis:
Company Law of the People's Republic of China
Article 7 1 stipulates that:
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.
Contract law of the people's Republic of China
Article 97 provides that:
After the termination of the contract, if it has not been performed, the performance shall be terminated; If it has been performed, according to the performance and the nature of the contract, the parties may demand restitution and take other remedial measures, and have the right to demand compensation for losses.