Equity Transfer
Equity transfer refers to the transfer process of the equity of non-listed enterprises to solve the financial problems of the enterprises. Equity transfer is one of the most common ways of corporate merger and acquisition. The equity transaction has experienced long-term innovation and improvement.
The reason why the company choose to transfer its equity is to solve the problem of insufficient capital injection or to reduce the cost of capital increase by external financing. Through the transfer of equity, it can solve the situation that the companys shareholders are insufficient in quantity or the company is facing a liquidity crisis.
Equity transfer is a kind of corporate restructuring. Since the process of the transfer involves the transfer of state-owned enterprises and the issue of shares in private companies, the equity transfer process involves both the transfer of assets and liabilities as well as the interests of the shareholders of both parties.
In the equity transfer process, the technology of valuation is very important on the basis of unified pricing, equity transfer realization scheme, equity transfer currency and equity transfer object. The current valuation methods include three parts: comparative method, asset-based method and profit-based method.
The first step in the equity transfer process is to establish a negotiation platform by the two involved parties and their legal advisors. At this meeting, various matters such as the representations, warranties and covenants of the parties in the equity transfer agreement should be discussed and resolved.
The second step is to breach the reciprocal agreement of the shareholding. This part requires the necessary pre-assessment and preliminary review of the equity transfer agreement in order to determine the rights and obligations of the two parties after the transfer.
The next step is to adjust the parties’ capital structure. During the adjustment process, one of the parties may have to issue additional shares in order to meet the requirements of the equity transfer agreement and complete the equity transfer.
The fourth step is to sign the equity transfer agreement and open a special account for the transfer. After this process, the shareholding structure of the two parties will be adjusted accordingly and the parties can complete the transfer process.
Finally, the fifth step is to make the necessary registration with the competent authorities. All the necessary documents must be prepared and submitted to the competent authorities in order to complete the registration of the transfer.
Equity transfer is a complicated process and includes a lot of steps. Proper legal advice should be their priority to ensure that the parties understand their legal rights and obligations. During each stage of the transfer process, the parties should ensure that the requirements under the law are met. Appropriate professional advice should be sought in order to properly protect the interests of the parties and avoid disputes.