The special craftsman lawyer said that after the case | received the transfer of equity, it requested the termination of the equity transfer contract, and the collegial panel said so. (2021) Jingmin Shen No. 3797
Qianjing Hengtong Company transferred the equity of a mechanical and electrical equipment company held by Li, and Li transferred the company's seal, etc., and registered the change of equity in the name of Qianjing Company in industry and commerce. Qianjing Company sued to terminate the equity transfer contract, but did not receive support, so it applied to the High Court for a retrial, saying: "In addition to the transfer of the seal, there are cash assets, other production bases, important contracts, etc. have not been transferred, and the original trial found that Li mou performed the main obligations of the equity transfer and was inconsistent with the facts; and held that Li's failure to return the company's monetary assets was an operation and management act, the facts were unclear, there was no basis, etc." After the retrial collegial panel, it held that:
The equity transfer contract signed between Li and Qianjing Hengtong Company was legal and valid, and the equity transfer involved in the case was changed to qianjing Hengtong Company, and the financial special seal, invoice special seal, industrial bank U shield, company business license, company official seal and other relevant license seals of Anxiangtong Company have been transferred to Qianjing Hengtong Company through direct or indirect means, that is, Li's main obligations under the equity transfer contract have been fulfilled. Qianjing Hengtong Company's demand to terminate the contract, refund the equity transfer payment, and pay interest losses lacked factual and legal basis. Qianjing Company's application for retrial was rejected.
The author has also handled similar cases, in which the obligations of the assignor are generally relatively extensive in the equity transfer contract, and there is no agreement or unclear agreement on the termination of the contract. Equity transfer transactions, in addition to equity transfers, clarify the obligation to transfer the company's assets and liability for breach of contract to reduce subsequent disputes.
The above examples are for reference only.
