Power of attorney for company equity transfer
Name of client:
ID number:
Name of trustee:
< p>ID card number:I currently hold ____% of the equity of _____ company in Shenzhen City, and I have specifically entrusted ____? to be my agent to handle the following matters in my name:
1. Transfer my ____% equity in the company to _____ for RMB _____ million yuan, sign an equity transfer agreement and related documents, and apply for equity witness procedures;
2. Participate in the shareholders' meeting on your behalf, exercise the shareholder's voting rights, and sign the resolutions of the shareholders' meeting;
3. Handle the industrial and commercial registration, tax registration and other related procedures for shareholder changes;
4. Handle the Other procedures related to the above equity transfer.
The entrustment period: from the date of the month of the year to the date of the month of the year. The trustee (with or without) shall transfer the power of entrustment.
Relevant documents signed by the trustee in accordance with the law within the above-mentioned authority and time limit shall be recognized by the client.
The principal’s signature confirms the legal validity of this power of attorney and bears the legal consequences arising from the effectiveness of this power of attorney.
Signature or seal of the principal:
Year?Month?Day
Name of the principal:?ID card number:
Assigned Person’s name:? ID number:
Extended information:
The equity transfer of a limited liability company generally goes through the following procedures:
1. Transfer of equity of the company Convene the company's shareholders' meeting to study the feasibility of acquiring equity, analyze whether the purpose of acquiring equity is in line with the company's strategic development, analyze the economic strength and operating capabilities of the acquirer, and operate in strict accordance with the procedures prescribed by the Company Law.
2. Hire a lawyer to conduct lawyer due diligence.
3. The transferor and the transferee shall conduct substantive consultations and negotiations.
4. Evaluation and capital verification (private limited companies can also negotiate to determine the equity transfer price).
5. The company to which the equity is transferred shall convene a shareholders' meeting and form a shareholders' meeting resolution to remove the transferor shareholder from relevant positions. The voting ratio and voting method shall be in accordance with the provisions of the original company's articles of association. The shareholders participating in the meeting shall Sign and seal the "Resolution of the Shareholders' Meeting".
6. If equity is transferred to a third party other than shareholders, the shareholder transferring the equity shall submit an application to the company's board of directors, and the board of directors shall submit the application to the shareholders' meeting for discussion and voting; if equity is transferred between shareholders, it does not need to be approved by the shareholders. The meeting will vote to approve the decision, as long as the company and other shareholders are notified. Shareholders give up their preemptive rights when transferring equity to a third party and issue a commitment or certificate of giving up their preemptive rights.
7. The two parties sign an equity transfer agreement, which specifies the amount, price, procedure, and rights and obligations of both parties to transfer the equity, so that it serves as an effective legal document to restrict and regulate the behavior of both parties.
8. It is necessary to convene a new shareholders' meeting. After the new shareholders' meeting votes and agrees, the relevant positions of the new shareholders will be appointed. The voting ratio and voting method shall be carried out in accordance with the provisions of the company's articles of association. The shareholders participating in the meeting shall be in the "Shareholders' Meeting Resolution" "Signed and sealed. Discuss the new company's Articles of Association, and sign and seal the new company's Articles of Association after approval.
9. Recover the capital contribution certificate of the original shareholder, issue the capital contribution certificate to the new shareholder, register changes to the company’s shareholder list, cancel the original shareholder list, and change the name, domicile and transferee’s name of the new shareholder. The amount of capital contribution is recorded in the shareholder register, and the company's articles of association are modified accordingly.
10. Register the newly revised articles of association, changes in shareholders and their capital contributions with the industrial and commercial administration department for industrial and commercial changes. The "Regulations on Company Registration and Management" stipulate that if a shareholder of a limited liability company transfers equity, he or she must apply for change registration within 30 days from the date of transfer of equity, and must submit the new shareholder's subject qualification certificate or natural person identity certificate. China National People's Congress Network-Company Law of the People's Republic of China