Ensuring the freedom and safe order of capital circulation is the primary task of legislation. The equity transfer of a limited liability company can be divided into internal transfer and external transfer. Internal transfer means that the equity is carried out among the shareholders of the company and does not involve any third party other than the shareholders. For a limited liability company that attaches importance to human factors, the mutual trust between shareholders has not changed. Therefore, the company laws of various countries have few restrictions on the transfer of capital contribution within the company, and the transfer can be established without the consent of other shareholders. The first paragraph of Article 72 of China's Company Law also stipulates that "shareholders of a limited liability company may transfer all or part of their shares to each other". There are no other restrictive provisions in this clause, except that the last paragraph stipulates that "if there are other provisions on share transfer in the articles of association of the company, those provisions shall prevail", which gives the shareholders of the company greater freedom and can make exceptions when concluding the articles of association.

However, external transfer will change the original shareholder structure, because it will attract new shareholders to join the company, thus affecting the trust base among shareholders. Therefore, for limited liability companies with human nature as an important factor, the external transfer of equity is strictly restricted. The new "Company Law" stipulates that "shareholders' transfer of equity to people other than shareholders shall be approved by more than half of other shareholders", which is different from the original "transfer of equity shall be approved by more than half of the shareholders of the company", which means that shareholders who transfer equity are excluded from voting rights, which is more reasonable. However, the original "Company Law" only has this provision, and the equity transfer is not feasible in actual operation. For example, other shareholders have an excuse that they don't know that shareholders want to transfer their shares to people other than shareholders, or admit that they know about it but delay making a decision, neither agreeing nor objecting, so the transfer of shares is in indefinite delay and waiting, which actually limits the transfer of shares to a certain extent. In view of the above situation, the newly revised "Company Law" has made procedural provisions on equity transfer: "Shareholders shall notify other shareholders of their equity transfer in writing, and if other shareholders fail to reply within 30 days from the date of receiving the written notice, they shall be deemed to have agreed to the transfer. If more than half of the other shareholders do not agree to the transfer, the shareholders who do not agree shall purchase the transferred equity. Do not buy, as agreed to transfer. "This clause stipulates in the form of law that if other shareholders fail to reply within 30 days from the date of receiving the written notice, it has the legal effect of tacit transfer, so that shareholders who want to transfer shares will not fall into a situation of' want to cry'. But "from the date of receiving the written notice" is a key link. Shareholders who want to transfer their shares must prove that other shareholders have received your written notice of share transfer and fix the delivery date in an effective way, otherwise the rest will be meaningless. Because the shareholder who intends to prevent the equity transfer can say that I haven't received any notice, I don't know about it, even if he does receive the notice, he knows about it. Because in our country, which strongly advocates honesty, such a thing is likely to happen to a large extent.

Therefore, the shareholders who transfer their shares can use notarization as a legal weapon to safeguard their legitimate rights and interests, and it is the best choice to use the evidential effect of notarization to fix this key as "from the date of receiving the written notice". The evidential effect of notarization is the date when notarization has three legal effects. Article 67 of the Civil Procedure Law stipulates that "the people's court shall take legal acts, legal facts and documents notarized through legal procedures as the basis for ascertaining facts". Therefore, the shareholders who transfer their shares can apply to the notary office for notarization of evidence preservation for serving the notice of equity transfer. Accompanied by notaries, they serve the notices to other shareholders one by one, and fix the fact of "receiving the notice" and the important date of "receiving the notice" by notarization, so as to provide legal support and guarantee for the smooth transfer of their shares.

In addition, we are facing new fields in the practice of notarization. Because the company law stipulates for the first time that the equity of a limited liability company can be inherited, and this inheritance is not only the inheritance of traditional property rights, but also the inheritance of the rights enjoyed by shareholders to participate in the management of the company's affairs. This is a brand-new field, with not only property rights, but also non-property rights. Article 76 of the new "Company Law" stipulates that "after the death of a natural person shareholder, his legal successor may inherit the shareholder qualification; However, unless otherwise stipulated in the Articles of Association "