The withdrawal agreement is legal and valid, and both parties shall strictly perform it according to the agreement, provided that the true intention of both parties is expressed and the content does not violate the legal provisions; The failure to go through the formalities of industrial and commercial change does not affect the validity of the contract.

The shareholder withdrawal process is as follows:

1, get the Application Form for Company Change Registration;

2. Change the business license (fill in the company change form, affix the official seal, sort out the amendment to the Articles of Association, the resolution of the shareholders' meeting, the letter of commitment and the original copy of the company business license, and go to the registration hall of the Industrial and Commercial Bureau for handling; If there is equity transfer, you must fill in the equity transfer agreement, and if the legal person is a foreign hukou, you must apply for a temporary residence permit);

3. Change the organization code certificate (fill in the change form of enterprise code certificate, affix the official seal, and sort out the company change notice, the copy of business license, the copy of enterprise new legal person ID card and the original of the old code certificate to the Bureau of Quality and Technical Supervision);

4. Change the tax registration certificate (handled by the tax bureau);

5. Change the bank information (handled by the bank where the basic account is opened).

The agreement is invalid as follows:

1, the parties to the agreement have no contracting capacity;

2. Please know that the agreement violates laws and regulations;

3. The agreement violates public order and good customs;

4. The meaning of the agreement is false;

5. The parties collude maliciously and harm the legitimate rights and interests of others.

To sum up, the withdrawal agreement refers to the agreement that individual shareholders of a limited liability company go to the administrative department for industry and commerce to change their registration (reduce their capital) after discussion and decision by the shareholders' meeting; Equity transfer agreement refers to the contract signed by the transferor and the transferee of equity, which stipulates their respective rights and obligations in equity transfer.

Legal basis:

Article 71 of the Company Law of the People's Republic of China

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 about the transfer of their shares for approval. If other shareholders fail to reply within 30 days from the date of receiving the written notice, they shall be deemed to agree 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.