How to withdraw shares of a company’s shareholders

Investing in a company is easy，But withdrawing shares is not something you can just do.。This is all stipulated by law。Next, Shanghai Yushanggang Xintong-Let’s talk about the circumstances under which company shareholders can withdraw their shares。one、Methods for shareholders to withdraw their shares：1.transfer one's shares to others。This method is also relatively simple，But the premise is that someone must be willing to buy your shares。

At the same time, if you agree to transfer，Shareholders who disagree need to purchase the shares，If you neither agree to transfer nor purchase，then it can be regarded as consent，Shares can still be transferred to a third party；2.

Require

Corporate buyback。But it is up to the company to decide whether it agrees to buy back your shares。

However, if the company has the following circumstances，shares must be repurchased：a. The company does not distribute profits to shareholders for five consecutive years，The company has been profitable for five consecutive years，and meet the conditions for profit distribution stipulated in this Law； b.Company merger、separate、transfer of main property；c. The business period stipulated in the company's articles of association expires or other reasons for dissolution stipulated in the articles of association occur.，The shareholders' meeting passes a resolution to amend the articles of association to enable the company to continue to exist.。

The shareholder and the company cannot reach an equity acquisition agreement，Shareholders may choose to file a lawsuit with the People's Court within 90 days from the date of adoption of the resolution at the shareholders' meeting.，

Require

The company acquires its equity；3.When the company encounters serious operating difficulties or there are serious differences among shareholders that make it impossible to continue operating together.，Can

Require

Dissolution of company，After the company is dissolved，Shares can be withdrawn or liquidated；4.The company's capital reduction enables shareholders to withdraw through the company's capital reduction，The essence is that the company repurchases the capital contribution of exiting shareholders。

That is to say，The company purchased the shareholder's capital contribution with its reduced registered capital, thus realizing the shareholder's withdrawal.。

The advantage is：There is no need to raise additional equity purchase money，But the prerequisite is the consent and cooperation of other shareholders of the company.，because，A company's capital reduction requires the approval of at least two-thirds of shareholders，at the same time，The procedure for company capital reduction is relatively complicated，Need to prepare a balance sheet、property inventory、Announcement of negotiations with creditors on debt repayment or guarantee matters, etc.，The cycle is also longer。

Therefore, it is more suitable for situations where other shareholders of the company cooperate and the company itself has no or no large debts.。two、Conditions for shareholders to withdraw their shares：

1. The company's operating risks are too high，Exceeding shareholder investment expectations；
2. death of shareholder。Shareholders are legally entitled to have their equity included in the estate。If the heir is unwilling or unsuitable to become a shareholder of the company，The deceased shareholder’s investment must be separated from the company。
3. Shareholder divorce。

When shareholders get married，As a non-shareholder spouse, it is difficult to participate in the couple's sexual intercourse

Require

relatively high limited company。

Non-shareholder spouses often have to withdraw half of the shareholder's equity from the company and liquidate it for settlement.；

1. Small shareholders are squeezed by controlling shareholders；
2. The company is at an impasse；
3. Shareholders’ capital contributions face legal enforcement；
4. A shareholder who is ill for a long time cannot participate in company management；
5. The shareholder moves to another place or abroad

Require

Exit the company；

1. Shareholders' economic situation has undergone major changes and they are in urgent need of funds.；
2. Other situations。

three、Shareholder withdrawal process：First, request the company to acquire its equity at a reasonable price，If within sixty days from the date of passing the resolution of the shareholders’ meeting,，The shareholder and the company cannot reach an equity acquisition agreement，Shareholders may file a lawsuit with the People's Court within 90 days from the date of adoption of the resolution at the shareholders' meeting.，The People's Court shall make judgments on equity acquisition matters in accordance with the law。

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