How to buy a share of the LLC

OOO – a limited liability company. They recognized a legal person having one or more founders, the share capital is divided into shares. According to paragraph 1 of article 93 of the civil Code of the Russian Federation, member of the company may sell its stake in the share capital to a third party if it is not contrary to the Charter. If you are going to buy a share, carefully review the statutes to account for all the "pitfalls" of such a transaction.

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Instruction

In that case, when you are going to buy a share, OOO, in which you participate, such transaction of purchase and sale can be done without notarization, you will be able to save about 30 thousand rubles, abandoning the services of a notary. Shareholder must submit an offer of its sale and to acquaint with their intentions to other participants companies. Any founder may wish to buy this share within 30 days of receipt of the offer. Direct acceptance to the seller shares and in the event of agreement you sign with the owner of the share a simple contract of purchase and sale (Federal law of 08.02.1998 № 14-FZ, article 21).

Complete the application on the unified form Р14001. The seller should put your signature on this statement in the presence of a notary, who will certify the statement. A shareholder must transfer all documents to the tax office or send them back by registered mail with notification. The right of ownership of the share will pass to you only after all changes in the statutes will be registered in the tax office and included in the register.

Harder to buy out a share in LLC to a third party. In this case a transaction you can commit only after the purchase of the shares refuse other members of the society, and it would not conflict with the Charter of the LLC. Since 2009, this transaction must be notarized in the presence of the spouses of seller and buyer. If the spouses are unable to attend, they must be received notarized consent to the current transaction of purchase and sale.

Together with the owner of the shares sign a contract of sale at the notary, paying him a fee. The notary is responsible for generating the necessary registration documents and sends it to the tax office. Your right to a share passes to you at the time of notarization of the transaction.

When you want to do without the notary, will redeem a share of the LLC in two phases. To do this you must enter in the composition of the company by increasing its share capital. Then the owner of the shares may enter into with you a simple contract of sale and give you your part in the share capital.

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