Legal representative and legal representative are two different legal concepts. The legal representative can also be called the authorized representative of the legal person. This representative can be a or b, and he is not fixed, depending on the authorization of the person. This authorization can be one thing at a time or a series of things.
According to the relevant provisions of the second section of Chapter V of the Company Law of People's Republic of China (PRC), it generally refers to the legal act that shareholders of a company transfer all or part of their shares in the company to others. If all of them are transferred, the transferor is no longer a shareholder of the company, and the transferee becomes a shareholder of the company; In case of partial transfer, the transferor shall no longer enjoy the shareholders' rights and interests of the transferred part, and the transferee shall enjoy the shareholders' rights and interests of the transferred part. Share transfer generally includes share repurchase and merger and acquisition.
Share transfer means that the holder of shares reaches an agreement with the transferee, and the holder voluntarily transfers his shares to the transferee at a certain price, and the transferee pays the price. Stock transfer can be further subdivided into registered stock transfer and bearer stock transfer, paper stock transfer and paperless stock transfer.
Share transfer is realized through share transfer. Stock transfer refers to the behavior that the stock owner gives his own stock to others, thus making others become shareholders of the company.
China's "Company Law" clearly stipulates: "The shares held by shareholders can be transferred according to law." However, the Company Law has the following restrictions on share transfer:
1. The shares of the Company held by the promoters shall not be transferred within one year from the date of establishment of the Company.
2. The directors, supervisors and senior managers of the company shall report to the company the shares they hold and their changes, and the shares transferred each year during their term of office shall not exceed 25% of the total shares they hold; The shares held by the company shall not be transferred within one year from the date of listing and trading of the company's shares.
3. The transfer of state-owned shares shall be handled in accordance with the provisions of laws and administrative regulations.
4. Except in statutory circumstances, the company shall not be the transferee of its shares, nor shall it accept its shares as the subject matter of mortgage.
5. During the legal "stop transfer period", shareholders may not transfer their shares.
According to Article 140 of the Company Law, the change registration of the shareholders' register specified in the preceding paragraph shall not be carried out within 20 days before the shareholders' general meeting or five days before the benchmark date for the company to decide to distribute dividends. However, if there are other provisions in the law on the registration of changes in the register of shareholders of listed companies, those provisions shall prevail.
6. State-owned enterprises must abide by the relevant provisions of the state when buying and selling listed stocks. Article 83 of China's Securities Law stipulates: "State-owned enterprises and enterprises controlled by state-owned assets must abide by the relevant provisions of the state when buying and selling listed stocks."
The above-mentioned personnel shall not transfer their shares in the company within six months after leaving the company. The articles of association may make other restrictive provisions on the transfer of shares held by directors, supervisors and senior managers of the company.