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Households are sometimes faced with problems of business financing, particularly in the family context, whether for an SCI or a commercial enterprise. has details for clarification

Company financing and act of transfer of shares: the prerequisite for investment.

The sale of shares avoids the rigor and the very high costs sometimes associated with a capital increase, another method of investment within a company. If you do not use a bank loan, hosting an investor in your company may involve the sale of shares. In order to achieve this, a contract will have to be concluded. This contract for the transfer of shares will represent the seller, says the assignor, and the buyer, says the assignee.

The compulsory clauses of the act of transfer of shares.

It will be necessary to draw up an act of transfer of shares. This contract must include a whole series of mandatory information. Note that it will not be possible to welcome an investor within the LLC, by way of transfer of shares, only if the approval is voted by the partners (according to the conventions between partners).

First step: notification of the proposed transfer of shares.

Once the conditions for the transfer of shares have been determined, the approval procedure will have to be launched. For that, it will be necessary to inform the company, and the associates, of the project.

Second step: the partners’ vote.

Once the partners have been informed of the project, the manager will call a general meeting or the partners, gathered within this meeting, will have to vote on the project.

Third step: obtaining or refusing accreditation.

The partners’ vote must take place within three months after notification, otherwise approval will be automatically granted.

Fourth step: modification of the company’s articles of association.

The statutes of an LLC include a whole series of mandatory clauses. Among these are that establishing the list of partners, as well as that determining the distribution of shares between these partners.

Fifth step: Registration of the assignment.

Once the transaction has been completed, it will be necessary to register it with the corporate tax service (SIE). For the transfer of shares in an LLC, this registration will be made at the rate of 3%.

Corporate financing: the importance of pacts and conventions

Transferring shares to an investor will allow him to enter the company. However, it is from this moment that he can really finance the activity of the company, its development. However, this funding will not go through the transfer of shares in itself, but through other channels. Investors wishing to be remunerated could request that dividends to be paid to them as a priority (priority dividend clause). In addition to relationships between partners, corporate financing may go through current account contributions.

An agreement will determine the conditions of the loan, in particular the terms of its repayment. In particular, it will be possible to provide for interest on the loan in the form of interest, which will be deductible from the taxable income of the company. In fact, only a partner can, by definition, grant a current account to the company. However, the choice to use such a method of financing the company may cause the partners to lose control over their company.


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