How to redeem a share of LLC
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LLC is a limited liability company. It recognizes a legal entity having one or more founders, whose authorized capital is divided into shares. According to paragraph 1 of Art. 93 of the Civil Code of the Russian Federation, a member of the company may sell its share in the authorized capital to a third party, if this does not contradict the charter. If you intend to redeem a share, carefully study the statutory documents to take into account all the "pitfalls" of such a transaction.
Instruction manual
1
In the event that you intend to buy back the share of the LLC of which you are a participant, such a purchase and sale transaction can be completed without notarization - you will be able to save about 30 thousand rubles by refusing notary services. The owner of the share must submit an offer to sell it and familiarize other members of the company with his intentions. Any founder can express a desire to acquire this share within 30 days from the receipt of the offer. Send the acceptance to the seller of the share and, if he agrees, sign with the owner of the share a simple contract of sale (Federal Law of 08.02.1998 No. 14-FZ, Article 21).
2
Fill out the application in a unified form P14001. The seller must affix his signature to this statement in the presence of a notary, who will certify the statement. The owner of the share must independently transfer all the documents to the tax office or send them there by registered mail with a notification. The ownership of the share will be transferred to you only after all changes in the statutory documents are registered with the tax inspectorate and made to the USRLE.
3
It is more difficult to buy a share in an LLC to a third party. In this case, you can make a deal only after other members of the company refuse to buy the share, and it will not contradict the charter of the LLC. Since 2009, such a transaction must be notarized and in the presence of the spouses of the seller and the buyer. If the spouses cannot be present, they must receive notarized consent for the purchase and sale transaction.
4
Together with the owner of the share, sign the sales contract with the notary, paying him a fee. The notary independently forms the necessary documents for registration and sends it to the tax office. Your right to share passes to you at the time of notarization of the transaction.
5
When you want to do without a notary public, redeem the LLC share in two stages. To do this, you must be included in the company by increasing its authorized capital. Then, the owner of the share can already conclude with you a simple contract of sale and assign you his share in the authorized capital.
