Research And Analysis Of Several Issues In Dispute In Equity Transfer Of Corporation Limited

The articles and bylaws of corporation limited may make other provisions on equity transfer in accordance with law. Shareholders rights may be divided into self-benefit rights and cob-benefit rights. The shareholder who fails to have a registration on the record of shareholders or industry and commerce department is deprived of shareholders qualification and shareholders status. The transfer of the equity by the shareholders to the third party other than other shareholders shall be limited. There is no need to hold Equity transfer shareholders'(general) conference when the equity is transferred. The reposed employees in the restructuring of the state-owned enterprise who actually contribute the capital but fail to be registered as the shareholder fall into anonymous contributors. The record of shareholders has the effect of right presumption, only the persons who have been registered in the record of shareholders can become the shareholders of the company. The third party other than the shareholders when concluding the contract for equity transfer may take no consideration of the will of anonymous contributors.The shareholders who transfer the equity shall notify in writing other shareholders of the issue of equity transfer. The preemptive right of purchase entitled to the shareholders shall be performed within a certain time limit. The same condition of the preemptive right of purchase in equity transfer is an overall measurement criterion including price factor, which include the conditions of the same price such as the amount of the price, payment time, delivery means as well as other conditions other than price factor, such as employee resettlement and follow-up fund input. The protection of the preemptive right of purchase of other shareholders may not damage the transferability of the equity. In case that"clustered"equity transfer may not violate the legal elements under the same condition, may not damage the preemptive right of purchase by other shareholders, such"clustered"equity transfer may be permitted by law.