How to give a share in OOO

Donation of shares in OOO – a position that involves a gratuitous transfer of part of its stake in the Charter capital to another member of the LLC or a third party. The procedure for effecting such transactions is subject to the provisions of the Civil Code (article 572) and the Law On limited liability companies".

You will need

• - the consent of the other founders or members of the LLC;
• - deed of gift shares;
• - changes in the unified state register of legal entities in the form Р14001 and form 13001.

Instruction

1. Donation of shares share capital is made in the contract of donation of a share in OOO. The Treaty is bilateral, these are the donor and the donee. In accordance with the Federal law of the Russian Federation " , OOO" (paragraph 2 of article 21), the participant of a society can give its share to one or more of its members without the consent of the other founders.
2. This is true only in the case if the Statute does not require the consent of the remaining shareholders on the transaction. In case if the Statute has such a requirement, this consent must be obtained within thirty days or within the period specified in the Charter , OOO. So much for the donation share to the other participant , OOO.
3. In the case of gift of shares of the LLC to a third party, be aware that this is only possible if the conclusion of such transaction is not prohibited by the Charter. Here you need to consider pre-emptive right of acquisition of shares in the share capital the company's shareholders. Before you commit a deed of gift to a third party (not member of society), a donor is obliged to report its intention of all participants of society.
4. This notice should be in writing and sent to the members of the society. Within thirty days (or a longer period specified by the statutes) members have the right to preemptive redemption of your shares. After you have obtained a written waiver of the other participants, or the deadline of buying shares, the donor may give their shares to a third party.
5. To give their share of the donor can only be in the part that was fully paid for. All rights and responsibilities after the gift is transferred from the donor to the donee. The gift agreement is of bilateral nature, so to perform it you need the consent of the donor and the donee. Before the transfer of the gift to the donee may at any time abandon it - in this case the contract of gift of shares the share capital shall be deemed terminated.