Basic contents of the company's equity transfer agreement
1. In view of the terms.
Generally used to describe the legal subject qualifications of both parties to the equity transfer, the background of the equity transfer, the expression of intention and the subject matter of the contract.
2. Introduction to the target company.
The introduction of the target company includes the name of the current shareholders, the date of issuance of the business license, company name, registered capital, business scope, place of residence, etc.
3. Situation of the transferor.
The number and proportion of shares held by the transferor, the transfer resolution and authorization decision, and the transferred shares and rights and interests.
4. Situation of the transferee.
The subject of the transferee is qualified, the resolution and authorization of the transferred shares are true and legal, and there are no industry restrictions or violations of legal prohibitions.
5. Rights and obligations of both parties.
The transfer agreement must specify the target company's legal establishment, legal existence, equity structure, share transferor's shareholding, willingness to transfer, the wishes of other shareholders, whether to give up limited purchase rights, payment of the transfer price, changes in industrial and commercial registration, and mutual handover and cooperation.
6. Resolutions of the shareholders’ meeting.
The target company’s shareholders’ meeting resolves the fact that the transferor’s shareholders solicit opinions from other shareholders, and other shareholders’ expressions of intention and behavior regarding the transferor’s equity transfer.
7. Specially agreed additional conditions.
The equity transfer contract can have conditions attached, but the conditions attached must be specific and have the possibility of achievement.
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