How is the transfer of capital contributions in a limited liability company with two or more members regulated by law?
According to clause 1 Article 52 of the Enterprise Law 2020 stipulated as follows:
“Article 52. Transfer of capital contribution
1. Except for the cases specified in Clause 4, Article 51, Clauses 6 and Clause 7, Article 53 of this Law, members of a limited liability company with two or more members have the right to transfer part or all of their capital contribution. I give to others according to the following regulations:
a) Offer to sell that capital contribution to the remaining members in proportion to their capital contribution in the company with the same offering conditions;
b) Transfer with the same offering conditions for the remaining members specified in point a of this clause to non-members if the remaining members of the company do not buy or do not buy all within 30 days. days from the date of offering.”
For the transfer of contributed capitalLimited liability company with two or more members Members of a limited liability company with two or more members have the right to transfer part or all of their capital contribution to others according to the following provisions:
- Offer to sell that capital contribution to the remaining members in proportion to their capital contribution in the company with the same offering conditions;
- Transfer with the same offering conditions to the remaining members according to regulations to non-members if the remaining members of the company do not buy or do not buy all within 30 days from the date of offering. sell.
However, the following cases are not allowed to transfer contributed capital:
- In case the company cannot pay back the capital contribution required to be repurchased within 15 days from the date of receiving the member's request according to regulations, the company must repurchase that member's capital contribution at the current price. The market or price is determined according to the principles stipulated in the company charter.
- In case the capital contribution of a company member who is an individual dies without an heir, the heir refuses to inherit or is disinherited, that capital contribution will be resolved according to the provisions of law. about civil affairs.
- In case a member donates part or all of his/her capital contribution in the company to another person, the recipient becomes a member of the company according to regulations.