购买咖啡工厂
当您想购买或出售一家企业时,需要做哪些法律工作?Aplus Law 的律师已成功建议客户回购咖啡制作企业,并为双方带来双赢。

[主要内容]
[法律问题]
[律师的解决方案]
Article 53. Transfer of capital contribution
Except for the cases specified in Clause 3, Article 52, Clause 5 and 6, Article 54 of this Law, two or more members limited liability company members have the right to transfer part or all of their contributed capital to another person under the following provisions:
a) Must offer the share of the capital to the remaining members in proportion to their capital contribution in the company under the same conditions;
b) To be transferred only under the same conditions offered for sale to the remaining members specified at Point an of this Clause to non-members if the remaining members of the company do not buy or do not buy out within 30 days from the date of the offer.
The transferable member shall still have the rights and obligations to the company corresponding to the relevant capital contribution until the information about the buyer specified in Points b, c, and d Clause 1 Article 49 of this Law is fully recorded in the member register.
In case of transfer or change of capital contribution of members resulting in only one member remaining in the company, the company must organize activities under the type of limited liability company of one member and at the same time make a registration for changes to the contents of the enterprise registration within 15 days, from the date of completion of the transfer.
对于有限公司而言,出资额的转让受到限制,即在向外部出售之前必须先向剩余员工提供。如果不履行此程序,转让合同可能会因违反法律禁止性而无效。
Article 123. Civil transactions are void due to violation of the prohibitions of the law, contrary to social ethics
Civil transactions that are purposeful, content that violates the law’s prohibitions, or social ethics are void. The prohibition of the law is that the provisions of the law do not allow the subject to perform certain acts. Social ethics are common norms of conduct in social life, recognized and respected by the community




