There is a consultation in our team, saying that under the new company law, the transfer of the subsidiaries of the subsidiary need to pass the parent companys shareholders meeting?If you have not passed the shareholders meeting, the transfer is effective?This problem is relatively niche, but such a debate happened in practice.
In a similar debate together, the referee believes that "shareholders have the right to participate in shareholders meeting and major decision-making.The companys operating policy and investment plan requires the shareholders meeting to make a resolution. As the major shareholder of Company A, A has not opened the shareholders decision to transfer the equity held by Company A to others and themselves.. "In addition, the referee believed that" without the resolution of the parent company, transferred the equity of the subsidiary, colluded to infringe the rights and interests of other shareholders, and the transfer was invalid. "There is also a debate match from our team agent.Price payment of equity transfer models, normal equity transfer, and valid transfer.
Now, Article 67 of the New Company Law says that the board of directors determine the companys business plan and investment plan, and Article 37 of the current company lawThat is to say, the shareholders meeting determines the companys business policy and investment plan, that is, the power of the shareholders association has become the board of directors. Everyone has a good product. This small change is actually meaningful.Then, the equity of the transfer of subsidiaries under the new company law is usually determined by the board of directors. As for the effect, it is not effective, depending on the specific situation.We also suggested that the companys procedures for the shares of the subsidiary and other property through the articles of association to avoid debate races, right.
