LLC is a limited liability company. It is recognized as a legal entity that has one or more founders, the authorized capital of which is divided into shares. According to paragraph 1 of Art. 93 of the Civil Code of the Russian Federation, a company participant can sell his share in the authorized capital to a third party, if this does not contradict the charter. If you are going to buy out a share, carefully study the charter documents to take into account all the pitfalls of such a transaction.
Instructions
Step 1
In the event that you are going to buy out the share of an LLC, of which you are a member, such a sale and purchase transaction can be made without notarization - you will be able to save about 30 thousand rubles by refusing the services of a notary. The owner of the share must submit an offer for its sale and familiarize other members of the company with his intentions. Any founder can express a desire to acquire this share within 30 days from the date of receipt of the offer. Send the acceptance to the seller of the share and, if he agrees, sign a simple purchase and sale agreement with the owner of the share (Federal Law of 08.02.1998 No. 14-FZ, article 21).
Step 2
Fill out the application on the unified form P14001. The seller must affix his signature on this application in the presence of a notary, who will certify the application. The owner of the share must independently submit all documents to the tax office or send them there by registered mail with notification. The ownership of the share will pass to you only after all changes in the statutory documents are registered with the tax office and entered into the Unified State Register of Legal Entities.
Step 3
It is more difficult to buy out a stake in an LLC to a third party. In this case, you can make the transaction only after other participants in the company refuse to buy the share, and it will not contradict the charter of the LLC. Since 2009, such a transaction must be certified by a notary public and in the presence of the spouses of the seller and the buyer. If the spouses cannot be present, a notarized consent must be obtained from them for the sale and purchase transaction being carried out.
Step 4
Together with the owner of the share, sign the purchase and sale agreement with a notary, paying him a fee. The notary independently forms the package of documents required for registration and sends it to the tax office. Your right to a share passes to you at the time of notarization of the transaction.
Step 5
When you want to do without a notary, buy out an LLC's share in two stages. To do this, you must be included in the company by increasing its authorized capital. Then the owner of the share can already conclude a simple sale and purchase agreement with you and give you his share in the authorized capital.
