16. 01. 2025.
The sale of a company, as an important business process, involves the transfer of ownership shares from one founder to another. This process can be complex and requires careful planning to ensure the interests of both parties are protected.
Below are key aspects to consider when selling a company and changing founders.
1. TRANSFER OF SHARES
Shares in the company can be transferred in two ways:
In this case, the sale of shares involves a financial compensation (purchase price) that the buyer pays to the seller.
This compensation can vary depending on the company's value and the agreement between both parties.
In some situations, a founder may decide to transfer their share without compensation, which may be attractive in business arrangements or family relations.
Regardless of the method of transfer, it is essential to provide proof of payment of compensation, if it exists, as part of the documentation hat will be required for notarization.
2. NOTARIZATION OF THE SHARE TRANSFER AGREEMENT
One of the key steps in the share transfer process is notarization of the contract. This notarization ensures that the contract is legally valid and that all parties are informed of their rights and obligations. Notarization can also help prevent future disputes among the parties.
3. SETTLEMENT OF TAX OBLIGATIONS
Before executing the share transfer, it is important to ensure that all obligations of the company are settled.
This is a crucial step, as unsettled obligations may become the responsibility of the new owner.
Only tax debts can be verified, but keep in mind that there may be other debts that cannot be verified and that may not be recorded in the accounting.
3. CHANGE IN THE CENTRAL REGISTER OF BUSINESS ENTITIES
After all conditions are met, the change of founder must be carried out in the Central Register of Business Entities (CRPS). This step is necessary to officially recognize the new ownership structure and ensure that all relevant data is updated.
If you are thinking about selling or buying a company, Perfectum Accounting Agency is here to assist you.
Contact us for expert support to ensure a successful transfer of ownership!
