In business, there are often cases when the owner of the company wants to retire. Wanting to preserve his brainchild, he hands over all the reins of government to a hired leader. And here the change of ownership is important to formalize correctly.
Necessary
Share purchase and sale agreement; minutes of the general meeting
Instructions
Step 1
Enter into an agreement with the director of the enterprise for the transfer of your corporate rights (shares, shares) to him. This can be a sales contract, a donation contract, etc. It is important to determine the price of the transferred rights. This can be their face value or market value. It is advisable to draw up a contract of purchase and sale of corporate rights with a notary. In order to avoid corporate conflicts, before concluding an agreement, you should familiarize yourself with the provisions of the constituent documents regarding the alienation of a participant's share. If the corporate rights were acquired in marriage, the consent of the second spouse may be required for their alienation.
Step 2
Draw up at the enterprise the transfer of corporate rights to the director by the minutes of the general meeting of participants (shareholders). It should contain decisions regarding the entry into the enterprise of a new participant and the simultaneous exit of the previous one. In addition, the change in the company participant will entail the need to amend its charter. They can be drawn up both as a separate document and by setting out the charter in a new edition. In addition, if a new participant, who is at the same time the head of the enterprise, wants to resign from his current powers, then the issue of electing a director should be resolved in the minutes.
Step 3
Register the changes in the membership with the tax authority. To do this, provide a statement signed by the director, which must be certified by a notary. In addition, you will need the original of the company's decision to amend the constituent documents, 2 copies of the charter in a new edition or amendments to it, as well as a document confirming the payment of the state duty, the amount of which is 800 rubles.
Step 4
In the case of transferring a business to a hired manager by alienating a block of shares, the transfer of ownership of them is also subject to registration. This is done by making appropriate entries in the register of shareholders.
