The Ministry of Economy wants to cancel the pre-emptive right to purchase a share of LLC participants
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The Ministry of Economy has prepared amendments allowing not to apply the pre-emptive right to purchase a share by a member of a limited liability company (LLC) when it is sold by other owners. To do this, it will be necessary to amend the charter by unanimous decision of the general meeting of participants. Vedomosti with reference to the draft amendments.
Now a participant can sell a share in an LLC to third parties only after the other participants refuse to buy it on the terms offered to a potential buyer. A minimum of 30 days is allotted for exercising the pre-emptive right.
The changes proposed by the Ministry of Economy will help ensure the flexibility of the corporate structure of the LLC and the efficiency in changing it, the explanatory note to the project says. Its developers believe that the establishment of a pre-emptive right in civil law is redundant if all participants agree to the entry of new owners into the capital of an LLC.
“At the request of business, we proposed introducing the right to alienate company shares outside the general priority order for existing participants,” a representative of the Ministry of Economy confirmed to Vedomosti. According to him, such a decision will help speed up decision-making and transactions with shares in companies.
Earlier, the Ministry of Economy and the Central Bank, after long disputes, agreed on the rules for identifying persons for holding meetings of shareholders and participants in limited liability companies in a remote format. The amendments prepared by the departments provide for the possibility of using both an enhanced qualified and an enhanced non-qualified electronic signature (UKEP and UNEP).
Details – in the material “Kommersant” “Sign in three places”.
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