Managing Partner Dmitry Viltovsky and Junior associate Violetta Liudchyk were the speakers of the webinar "Shareholder's withdraw and share sale".
As part of the "Share sale by one of the shareholders in a LLC (ALC)" section, colleagues considered more than 10 practical situations, analysed case law and advised the participants.
Dmitry and Violetta covered the following questions at the presentation.
What prohibitions and restrictions could be imposed on the share sale?
- Adoption of a resolution by a shareholder-legal entity on selling a share.
- The right of preferential purchase of share: complications, case law.
- Notification of participants on share (part of share) sale: the general procedure.
- Determination of share price: important points and tax risks.
- Share sale to the Company itself. In which case is the Company entitled to purchase the share?
- Algorithm of decision-making on the issue of acquisition (refusal to acquire) by the Company of a share (part of a share) of its shareholder. Charter and GMS Minutes wording examples. Case law on such disputes.
- Payment to a shareholder of the actual value of a share.
- Consequences of the acquisition of a share by a company.
- When is it necessary to obtain the consent of the antimonopoly authority for this transaction?
- Documentation of share purchase. The details of concluding a share purchase agreement.
- Amending the charter. Case law on compulsion to take action to amend the charter.