The exit of a partner from the company, a laborious and complicated step

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When companies are working, there are usually no major problems between the partners and directors of a company and, although everything is possible, there is a clear correlation between the crisis and the fall in sales or results, in which quite tense situations begin to emerge between the members of the company themselves.

In Spain we have several important restrictions for the entry and exit of partners in limited companies , given that for some rather strange reasons, the entry of new partners in a company is really
brazil email list complicated by the statutes themselves. The continuity and family transferability of the company shares is always given more priority than the partial sale of the company between outsiders. Suppose I am a partner in a company who wants to leave the company. How can I proceed?

In order to sell the shares of a limited company, it is essential to have the approval of the other shareholders and their refusal to exercise the right to purchase our shares. The first point, then, is to inform the other shareholders of our intention to sell our shares, the price we want for them and wait for the deadline set out in the bylaws. In these cases, the first discrepancy always arises from the price, since as in any commercial transaction, the price will always be expensive for the person who pays and cheap for the person who charges.



The best option is to resort to an independent appraisal of the company and the assignment of said value by an expert outside the company. In this case, we express the desire to sell, the appraised amount that we want for our share of the company and the deadline for exercising said purchase-sale.

If no partner wants to buy our share, we can then request authorization to be released from the sales restrictions contemplated in the shareholders' agreement or bylaws and from here, we can freely sell our share.

The problem we are going to encounter at this point is finding buyers who want to enter a company with a shareholder structure that has already created problems, where control of the company is likely to be in family hands and where, therefore, the investment that the buyer makes will mean a loss of control over their part of the company.

In these cases, it is probably a better option to consider buying the rest of the company from the partners with whom we do not have a good relationship or, in the worst case, request judicial mediation to force the sale.