公司法律 top urgent ,please

2008-07-03 3:37 am
假若一間公司有五個股東,但其中一個退股而又沒有開股東會議之下,就把自己的股份在他自己簽議向書分給其中两個,我想請問在法律上有權這樣做嗎?如果唔係應該怎樣做呢?請多多指點!

回答 (1)

2008-07-03 7:22 am
✔ 最佳答案
If this is a private limited company, the transfer of shares is restricted. From the general principle of the Companies Ordinance, there is a pre-emptive clause. That is to say, whenever there is a selling of shares, priority must be given to all other shareholders in proportionate to each of the shareholders at the same consideration. You can also check it in the Articles of Association of the company on the 'Transfer of Share' Clause and its restriction. This is now a letter of intent. You can draw the attention of each of the shareholders on this issue and, maybe, contact your lawyer for advice if you have other observations.


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