Any member of a limited liability company has the right to refuse his share or part of it in the authorized capital by the method of sale or alienation. It is necessary to properly formalize the transfer of a share of the authorized capital in order for the transaction to be considered legitimate.
Instructions
Step 1
The transfer of a share of the authorized capital can be carried out only in accordance with federal legislation and the requirements specified in the charter of this company. At the first stage, check the possibility of such a transaction. Issue an extract from the Unified State Register of Legal Entities confirming that you are a member of the founders and have a paid share in the authorized capital. Only the already paid share or part of it is subject to transfer. In the event that the transfer of a share to a third party is prohibited by the charter of an LLC, then the company must redeem it and, after 1 year, distribute it among all its participants.
Step 2
If the charter provides for obtaining the consent of the rest of the members of the company for the transfer of the share to a third party, send an appeal or offer to the company and its participants. If within the next 30 days there are no written statements of refusal to provide consent, it is considered received. Otherwise, the share is redeemed by the company or its members, who have the preemptive right to purchase a share in the authorized capital.
Step 3
Have the share transfer transaction certified by a notary so that it is considered valid. For certification, submit the following documents to a notary: - an extract from the Unified State Register of Legal Entities confirming its size and the fact that it belongs to you, issued no later than 30 days before contacting a notary; - a notarized contract or other document confirming your succession or the fact that the share was acquired by you, if this was the case. On the document confirming your ownership of the alienated share, the notary must put down a note about the transfer of the share or part of it.
Step 4
The notary within three days must submit to the tax office at the place of registration of the company an application for making appropriate changes to the Unified State Register of Legal Entities, signed by the person who alienates the share. A document confirming the transfer of a share in the authorized capital is attached to the application.
Step 5
Within three days after the legality of the transaction was certified by a notary, he is obliged to transfer to the company a copy of the application to the tax office and attach documents expressing the content of the unilateral transaction and confirming the grounds for the transfer and transfer of a share in the authorized capital.
