In a joint stock company, the Shares are freely transferred, except for the case in Clause 3, Article 119 of the Law on Enterprises 2014 and the company’s charter provides for restrictions on share transfer. Where the company’s charter provides for restrictions on share transfer, these provisions will only take effect when it is stated in the shares of the respective shares.
The transfer is done by contract in the usual way and the papers of the assignment must be signed by the transferor and transferee or by their authorized representatives.
Therefore, according to the provisions of Decree 108/2018 / ND-CP, shareholders only need to carry out the internal transfer procedures of the company, no need to change the business registration content at the Business registration – Department of Planning and Investment.
The transfer of shares requires the following procedures:
Minutes of the General Meeting of Shareholders;
Decisions of the General Meeting of Shareholders;
Share transfer contract;
Minutes of transfer contract liquidation;
Submit personal income tax declaration documents and pay personal income tax due to share transfer at the corporate tax authority (Tax Department or Tax Department).
In this article, NVCS Law Firm invites readers to refer to the Dynamic Transfer Contract Form here. Questions related to this Contract form, as well as corporate law, need advice and support. Readers, please contact NVCS Law Firm via Hotline: 0916303656
