The federal law stipulates the right of any participant to leave the company, for this it is necessary to sell his share in the authorized capital to the company. The sale of a share can be carried out without the consent of other participants, if this is specified in the Charter of the organization.
Instructions
Step 1
To quit society, you must write an application. The company is obliged to pay you the actual value of the share in the authorized capital within 3 months from the date of receipt of your application. The cost is determined on the basis of data from the organization's financial statements for the reporting period preceding the date of application With your consent, you can be given property at a value corresponding to the size of your share in the authorized capital of the company. (Article 23 of Federal Law N 14-FZ). Payment can be made both in cash and by bank transfer.
Step 2
The value of the share is paid by the company at the expense of the difference between the value of net assets and the size of the authorized capital. If the difference is not enough, the company must reduce the size of its authorized capital. (Clause 8, Article 23 of Federal Law No. 14-FZ).
Step 3
After the transfer of your share to society, within one year, it must be distributed among all the remaining participants. The distribution takes place in proportion to the existing shares in the authorized capital. The Articles of Association may provide for the possibility of selling the share to all or some of the participants, as well as to any third party (provided that the share sold has been fully paid). (Clauses 2, 3, Article 24 of Federal Law No. 14-FZ). When selling a share to a third party, you need to draw up a purchase and sale transaction with a notary.
Step 4
Within 1 month, the company must submit documents for state registration of changes to the body that carries out state registration of legal entities. All changes will become effective for third parties only after the moment of state registration. (Clause 7.1 of Article 23 of the Federal Law-14). When registering changes, the applicant is the head of the company. A participant's statement of withdrawal will need to be attached to the documents.
