Transfers of business shares
If we look at the problem of the sale (transfer) of a business share in accordance with the present legislation then we will find that it stands primarily on four following pillars:
1) It is necessary to dispose of an approval of the general meeting of the sale of the share.
2) To arrange for agreements with officially verified signatures concerning the transfer of the business share.
3) To be aware of the fact that thanks to this share acquisition the new owner has an automatic access to the instrument of incorporation of this or that company.
4) As the necessary act remains the change of the shareholder´s entry in the business register.
What you definitely should not omit?
Please realize that the agreement of the transfer of the business share in the limited liability company must be always in a written form and must bear officially verified signatures.
Be aware of that that the transfer of the business share may be whether or not for consideration.
Do not forget that the transfer of the share to another shareholder may require approval of the general meeting or of another authority of the limited liability company.
In case the business share is going to be transferred to a third person the approval of the general meeting is always required. To make the free share transferability in the limited liability company possible the form of the so called capital contribution certificates may be used (they have the same function as the securities in the joint stock company). In such a case the approval of the general meeting is not required.
As soon as the time between the acquisition of the share and of its transfer exceeds 5 years this transfer is income tax free.