The law establishes that a limited liability company and its participants have the right of priority purchase of a part of the share, if one of the participants decided to transfer it to third parties. But what if neither other participants, nor society need this share? How to register a cancellation of it?
Instructions
Step 1
Familiarize yourself with the charter of the enterprise and the memorandum of association regarding the transfer (sale) of a share in the company to third parties. Based on the information contained in these documents, your further actions will take shape. In most cases, the following procedure should be followed.
Step 2
A participant who decides to transfer his share in the company to third parties is obliged to inform the company and its participants about this, so as not to violate their right of priority purchase. Notification of this is drawn up in writing and sent to the society and each of its participants.
Step 3
The text should contain information about the size of the share, the price at which the participant plans to sell it, the time frame in which the transaction will be completed. For the use or waiver of the right of priority purchase of a share, the members of the company are given a period specified by law or by constituent documents.
Step 4
A participant who decides to refuse to purchase a share in the company must send a written response to the notification received. The answer is drawn up in free form, it should be clearly clear from the text that the participant refuses to exercise his right to purchase the share first and does not object to the sale of the share to third parties.
Step 5
These actions can also be reflected in the minutes of the general meeting of the company's participants. Name in the document the members of the company who have waived the right of priority acquisition of a share, draw up the rest of the document in the usual manner. Compliance with the written form of the offer to purchase and the refusal of the share between the participants will help you avoid misunderstandings and unpleasant situations in the future.
Step 6
The very procedure for the transfer of a share from one participant to another is enshrined in law. You are obliged to notify the territorial tax authority of the change in the membership of the company. Prepare all the necessary documents and contact the notary office.
