As a general rule, the need to formalize the sale of shares in the company occurs when one of the parties decides to withdraw. There are several options for the sale of shares, each of which requires compliance with certain nuances.
These transactions are governed by the Civil Code and applicable law. Additional restrictions on such operations may be prescribed in the statute if it is not contrary to the law.
- The seller informs the Company's management about its intentions. The best option - a statement or a notice in writing. Standard offer includes three items: the notice of intent, the price and conditions of the transaction. Alert is given thirty days, after which they have to communicate its decision.
- It is forbidden to challenge or change the price and terms and conditions stated in the notice of sale.
- Received an offer from the seller must notify his refusal or consent to redeem shares. Notification shall be certified by a notary.
- If the company refuses to share, then at the expiration of 30 days, the seller is entitled to sell its stake. In this case, it not allowed to change the conditions originally stated. Otherwise, it is necessary to repeat the notification procedure.
- The transaction is carried out by entering into a contract of sale. It must be notarized.
- Because after the sale of shares changes the composition of the participants, it is necessary to register the change. For this written statement on the form of R14001.
On our site you can download the following documents:
Notice of Sale doli_blank.- Notice of Sale doli_obrazets filling.
- Statement on Form R14001_blank.
- Statement on Form R14001_obrazets.
- The Company informs the seller consent to carry out the transaction.
- Is the transfer of funds to the seller.
- A new participant pays a share. The procedure of its introduction to society is underway. The payment is equal to the contribution to the authorized capital. At the same time, the remaining participants should not be against.
- The society can independently pay a share and distribute it during the year between the participants. This is done if you do not have a member of society.
- If the charter registed a ban on the sale of a share of third parties or the consent of the participants to the alienation is not received, society must redeem the share for 3 months.
- You do not need to refer to the notary. It is only required to report to the tax.
- This situation may occur in two cases. The first: the seller wants to sell a proportion of some particular member of society. Second: According to the law, participants have a predominant right to redemption of the share, and they decide to use it.
- The transaction does not require notarization.
- Do not forget to see the Charter: In some cases, it may be necessary to obtain the consent of other participants in the LLC. Usually a general meeting is held. If it is impossible - written notifications are sent to all participants.
On our site you can download a sample and notification form:
- Notification of participants to sell the share of Blunk.
- Notification of participants about the sale of shares.
Do not forget that all the changes must be reported to the EGRUL.
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