Corporate transfer refers to the transfer of all (including all assets and liabilities) of a company's business activities or its independent accounting branches to another enterprise (hereinafter referred to as the accepting enterprise) without the dissolution of the company, in exchange for the equity (including shares or stocks) representing the acceptance of the enterprise's capital, including all or independence of the legal shareholders of the joint stock company in their business activities. The accounting branch allocates shares to the joint stock company. In principle, when a transaction occurs, an enterprise's overall asset transfer should be decomposed into two economic operations: selling all assets at fair value and investing in them for income tax treatment, and calculating and confirming the gains or losses from asset transfer according to regulations.
Transfer Conditions: Because a limited liability company is essentially a joint venture company, this determines that it must maintain the company's capital. When shareholders are unwilling and unable to own their shares, they can not withdraw their investment, but can only transfer it to others. Therefore, the transfer of equity becomes the only choice for shareholders of a limited liability company to withdraw from the company. At the same time, the establishment of a limited liability company is based on the trust between shareholders, which has a certain degree of human compatibility. The dependence between shareholders and the stability of shareholders play a vital role in the company. This makes the transfer of shareholders'equity not as free as that of a joint stock company. Therefore, the company laws of various countries have made more stringent transfer of shareholders' equity in a limited liability company. Conditional restrictions, which mainly include substantive and formal elements.
Forms of transfer:
(1) Overview of equity transfer
Share transfer refers to the civil and legal act of the shareholders of a company to transfer their shares to others in accordance with the law and make others become shareholders of the company. Shareholder's equity transfer is a common way for shareholders to exercise their equity. The Company Law of China stipulates that shareholders have the right to transfer all or part of their investment through legal means.
Equity transfer agreement is an expression of the parties'intention to transfer the equity for the purpose of delivering the equity and collecting the price, and the transferee pays the price to get the equity. Transfer of equity is a kind of change of real right. After the transfer of equity, all the rights and obligations of shareholders to the company are transferred to the transferee at the same time based on the status of shareholders, so the transferee becomes the shareholder of the company and obtains the shareholder's rights. According to the first paragraph of Article 44 of the Contract Law, the equity transfer contract shall take effect at the time of its establishment.
But the validity of equity transfer contract is not necessarily equal to the validity of equity transfer. Effectiveness of equity transfer contract refers to the issue of legally binding on the parties to the contract. Effectiveness of equity transfer refers to when the equity transfer occurs, that is, when the transferee acquires the identity of shareholder. Therefore, we must pay attention to the proper implementation of the equity transfer agreement.
(2) Forms of equity transfer
1. General Transfer and Special Transfer
This is based on whether there are any provisions in the Company Law on the transfer of equity. Ordinary transfer refers to the paid transfer stipulated in the Company Law, i.e. the purchase and sale of equity. Special transfer refers to the transfer not stipulated in the Company Law, such as the pledge of equity and the transfer of equity resulting from divorce, inheritance and execution.
2. Internal and external transfers
This is based on the assignee's different classification. Internal transfer refers to the transfer between shareholders, which means that shareholders transfer all or part of their shares to other shareholders of the company. External transfer means that some shareholders transfer their shares wholly or partly to a third person other than the shareholders.
3. Total Transfer and Partial Transfer
This is based on whether the subject matter is divided in the transfer. Partial transfer refers to the transfer of a part of shareholders'equity, including the transfer of equity to more than two subjects respectively. Full transfer refers to the simultaneous transfer of equity.
4. Assignment by Agreement and Assignment by Law
This division is based on the basis on which the transfer takes place. The agreed transfer is based on the agreement of the parties, such as the transfer of shares. Statutory transfer is a legal transfer, such as the inheritance of shares.
5. Other Classifications
For example, the withdrawal of shares is based on judicial power, which is mandatory and can be regarded as a mandatory transfer.
Legal company transfer, various types, year companies, specific needs, please contact: 400-622-9951

EJUN China Branch

Shanghai Yijiu Financial Consulting Co., Ltd. is a professional financial consulting service company. Its main service areas are business management consulting, investment consulting, tax consulting, agent bookkeeping, audit capital verification, personnel outsourcing and enterprise registration.
Since its establishment in 2002, after more than ten years of struggle, the company has a professional team composed of certified accountants, certified taxpayers, senior accountants, lawyers and other "high-quality, sophisticated and top-notch" talents. Its business covers major cities in China, and has branches and members in Hong Kong, Shenzhen, Qingdao, Nanjing, Xiamen, Taiyuan, Jinan, Suzhou, Guangzhou and other large and medium-sized cities. Institute. On the basis of making full use of the national service network and its own professional advantages, we should provide customers with all-round high-quality services in the fields of finance, taxation, auditing, management consultation and so on.
Honesty builds bridges and cooperation creates value. In line with the purpose of honesty and cooperation, Yichang has won the general praise of customers with a rigorous attitude, efficient operation and sincere service. This is the result of a long period of hard work and an inevitable reward after hard work.

We hold a sincere and dedicated customer service, providing customers with proxy bookkeeping, consulting, registration and other services, but also to provide customer company transfer, cancellation and other services.