Should equity transfer be liquidated?
1. Whether the equity transfer should be liquidated Article 184 of the Company Law stipulates the legal reasons for initiating liquidation, and Article 18 1 of the Company Law lists these reasons. There are four situations, that is, the business term stipulated in the articles of association of the company expires or there are other reasons for dissolution stipulated in the articles of association, the shareholders' meeting or shareholders' general meeting decides to dissolve, the business license is revoked according to law or ordered to be closed or revoked, and the people's court requests the dissolution of shareholders holding more than 65,438+00% of the voting rights in accordance with the provisions of Article 183 of this Law. The reason for the company's equity transfer is not in the above legal liquidation. After the company's equity transfer, the company still exists, not dissolved, only the shareholders change. Therefore, the equity transfer involves taxation, industrial and commercial departments, income tax and stamp duty, but there is no mandatory financial audit or liquidation, which requires the resolution of the shareholders' meeting and the internal notice of equity transfer. Ii. process of equity change 1. Receive the Application Form for Company Change Registration (registration hall window of the Administration for Industry and Commerce). 2. Change of business license (fill in the company change form and affix the official seal, and arrange the amendment of the articles of association, the resolution of the shareholders' meeting, the equity transfer agreement, and the original and photocopy of the company business license to the registration hall of the Industrial and Commercial Bureau). III. Change the organization code certificate (fill in the Change Form of Enterprise Code Certificate and affix the official seal, organize the company change notice, a copy of business license, a copy of enterprise ID card and the original of the old code certificate to the Bureau of Quality and Technical Supervision). Change the tax registration certificate (go to the tax bureau with the notice of tax change) 5. Change bank information (go to the bank with bank change notice) 3. The information required for the company's equity change is 1, and the company change registration application form 2. Amendment to the Articles of Association (signed and sealed by all shareholders) 3. Resolution of the shareholders' meeting (signed and sealed by all shareholders) 4. 5 originals (originals) of the company license. Copy of all shareholders' ID cards (original check) 6. I believe everyone has an answer to the question of the original equity transfer agreement (indicating who will transfer the equity, the equity, the creditor's rights and debts will be transferred together, and the transferor and the transferee will sign it). The relevant national laws stipulate several situations that need liquidation, but equity transfer is not one of them. Therefore, the equity transfer only needs the agreement of the transferor and the transferee. After signing the equity transfer agreement, both parties can bring relevant materials to the administrative department for industry and commerce to handle the equity change.