Is there any risk after the company is transferred?

After the company is transferred, there are risks.

The specific basis is as follows:

Company transfer refers to the transfer of all its business activities or independent accounting branches to another enterprise without dissolution, in exchange for the equity of the representative who accepts the capital contribution of the enterprise.

Company transferor: Pay attention to weigh the transfer cost and the company cancellation cost. If it is only a shell company transfer, the transfer price may be very low, and there is a risk of company information leakage. If you are the payee of the company, you should pay more attention to the following aspects: considering the company's tax types, the company's tax types are divided into general taxpayers and small-scale taxpayers, and the transfer prices of the two are different. Considering the size of the company's registered capital and whether it is subscribed or not, these two issues have an impact on the company's transfer price, and are also related to the company's business scale and the size of the responsibilities it has to bear. Time of establishment, now many customers are looking for a long-established company. Because it has been established for a long time, the bank has been running smoothly, so it is easier to get loans, which can solve the problem of difficult capital preparation for many start-ups. It is a key issue to consider whether the company has debt, which is a very important issue for the undertaker. Other people's debt problems should not be repaid by themselves, so we should carefully check the company's accounts to see if there is any news about the debt problem. Legally, the new company is responsible for repaying all debts of the original company. Whether the transfer is hidden or not, the new company shall bear the actual debt. After the new company undertakes, the new company can sue the original legal person to recover the debt. Check the company's previous operation, whether it was legally operated before the transfer of the company, whether there were any illegal and criminal acts during the operation, and whether there were any bad records in the archives of the Industrial and Commercial Bureau. Check the company's audit report, whether the company is a registered company, whether the registered capital of the company is put in place, whether there is a phenomenon of withdrawing capital contribution, and whether the company's accounts are legal. The agent transfer company will evaluate your company according to the actual situation, give the transfer bid, and then the transfer company will help you find the company buyer. After finding the buyer to confirm the purchase, you can receive the fee after completing the equity transfer.

legal ground

Company Law of the People's Republic of China

Article 72 Shareholders of a limited liability company may transfer all or part of their shares to each other. Shareholders' transfer of equity to persons other than shareholders shall be approved by more than half of other shareholders. Shareholders shall notify other shareholders in writing to agree to the transfer of their shares. If other shareholders fail to reply within 30 days from the date of receiving the written notice, they shall be deemed to have agreed to the transfer. If more than half of the other shareholders do not agree to the transfer, the shareholders who do not agree shall purchase the transferred equity; Do not buy, as agreed to transfer. Under the same conditions, other shareholders have the priority to purchase the equity transferred with the consent of shareholders. If two or more shareholders claim to exercise the preemptive right, their respective purchase proportions shall be determined through consultation; If negotiation fails, the preemptive right shall be exercised in accordance with their respective investment proportions at the time of transfer. Where there are other provisions on equity transfer in the articles of association, such provisions shall prevail.