Equity inheritance, you must pay attention to these 4 points!

What should I pay attention to when inheritance of equity? These 4 suggestions are recommended!

1. Equity inheritance should conform to the company's articles of association

The company's articles of association is a written document that records the company's organizational specifications and its action standards.

The company's articles of association can entrust one of the shareholders to produce, but in the end, the company's articles of association must be involved with the consent of other shareholders or initiatives and signed the articles of association.

In addition, the Civil Code stipulates strict procedures for the amendment of the company's articles of association, that is, under the principle of not harming the interests of shareholders, no damage to the interests of the creditors, and not having the consistency of the Civil Code, the board of directors will propose a suggestion to modify the company's articles of association, and then modify the company to modify the company The articles of association notified other shareholders and held a shareholder (large) meeting, and then passed the shareholders who passed two -thirds of the voting rights, and the modified company constitution took effect.

2. Respect the agreement on the company's equity inheritance with other shareholders before the death of shareholders

For this agreement, full respect should be given. As long as there is no obvious illegal phenomenon, it should be recognized for its legal effect. Even if the Civil Code gives some solution, the company's shareholders should be allowed to exclude it through the previous agreement.

In this way, disputes can be avoided in the future, affecting the company's stable operation, and more conducive to the company's healthy development and the interests of shareholders.

3. Respect the intention of the heirs and the original shareholders of the company

There is no agreement between shareholders in advance, but the heirs of the dead shareholders and other shareholders reached an agreement on the equity inheritance. The agreement should be fulfilled according to the true meaning of the parties of the parties, but it should not be compulsory to violate the Civil Code. Sexual regulations are limited.

4. Inherit the equity with reference to the company's equity transfer

When the shareholders did not agree in advance, and the agreement could not be reached afterwards, because the heirs were not the company's shareholders.

Although they can inherit shareholders 'qualifications in accordance with the provisions of the Civil Code, considering the humanity characteristics of a limited liability company, if the heirs want to obtain the shareholders' qualifications to become the company's shareholders, they should apply to the company. The shareholders 'meeting or shareholders' meeting was voted by Shang Jian's shareholders. More than half of the shareholders agreed to their shareholders, they could become the company's shareholders.

Source: Jie Brother chats equity, reprinting this article is out of the purpose of passing more information. If there is an error or infringe your legitimate rights and interests, please leave a message, we will correct and delete it in time, thank you

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