Thirty2 Degrees

Sale of shares in the company change the owner of the company – a situation which appears in today's business very often. Of the sale of shares in the share capital of the Company fairly easy way to change the owner of the company or enterprise. This is because to sell, say, a company can not just as a property complex, transferring all its assets under a contract of sale, but also through the change of ownership of the enterprise as a legal entity. Please note that from 01 July 2009 due to changes in the Civil Code contracts for sale of a share company to be certified by a notary. The most common scenario – a company more than one founder. Some of the founders intend to to sell their shares outsider (not a founder) to a citizen, in fact, selling part of the company. If the other founders are not against the sale of shares to a third party like it's going on? In fact, in accordance with paragraph 4 Article 21 of the Federal Law 'On Limited Liability Companies "and paragraph 2 of Article 93 of the Civil Code, the parties have the right of Company to purchase a share or shares of the parent company at the offer price another person or to another pre-set by the Company's charter price.

However, if the remaining founders do not have anything against the sale of these shares, significant problems can not be. Sale of equity stake, Ltd. steps: It should really realize that the procedure for the alienation of shares in the company – a multi-step process, which has a number of issues that must be considered. Key details of these: 1. You can only alienate the already fully paid for the share 2. in the text of the Articles of Association can not be any prohibitions or restrictions on the sale of shares to third parties 3. must be fully complied with the preemptive right to purchase shares of the Company by other parties or by the Company 4.

deal, aimed at the alienation of shares or of the share capital of the Company is required to notarization. Violation of the notarial form of the transaction leads to its invalidity; 5. When the seller is an individual who shares required notarial confirmation of consent muzhazheny seller to sell shares 6. in cases where the seller or buyer advocates share organization must be approved by purchase and sale of shares by the general meeting / board authorized persons seller or buyer if the purchase and sale of the share's definition of a big deal or transaction in an interested party, 7. sometimes require the approval of the sale shares in the relevant antitrust authority. Thus, sales of share of company, though the procedure requires the understanding and full implementation all the rules of law in this area, but it is doable if all necessary conditions.