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Is the usage rights transfer agreement legal?

The usage rights transfer agreement is legal.

Whether the equity transfer agreement is legal, the following points need to be considered:

1. The equity transferred by the shareholder must be true, complete and flawless;

2. Transfer The expression of intention of the person and the transferee should be true;

3. If the equity is transferred to a person other than a shareholder, the consent of more than half of the other shareholders must be obtained;

4. During the transfer process The preemptive rights of other shareholders shall not be infringed upon.

As long as the transfer agreement is concluded by a person with corresponding civil capacity, and the intention is true and legal, and does not violate public order and good customs, it will be considered valid. At the same time, the interest agreed upon in the equity transfer must be legal and cannot be agreed upon as usury. If a transfer agreement violates the mandatory provisions of laws and administrative regulations or goes against public order and good customs, the agreement will be invalid.

Legal effect of the right to use:

1. Definition of the right to use: The right to use refers to the right granted by law to the user to use and benefit from specific items;

< p>2. Types of use rights: including but not limited to land use rights, copyright use rights, trademark use rights, etc.;

3. Use rights can be obtained through purchase, inheritance, donation, etc. Obtained by other means;

4. Transfer of the right to use: The right to use can be transferred to others in accordance with the law, but relevant legal provisions and contractual agreements must be observed;

5. Restrictions on the right to use: Use The exercise of rights is restricted by law and cannot infringe the rights of others or violate prohibitive provisions of the law.

To sum up, the legality of the equity transfer agreement depends on the true integrity of the equity, the authenticity of the expression of intention, the consent of other shareholders, and the non-infringement of the preemptive rights of other shareholders. As long as the agreement is concluded by a person with civil capacity, the intention expressed is true and legal, does not violate public order and good customs, and complies with the provisions of laws and administrative regulations, it will be deemed valid.

Legal basis:

"People's Republic of China and Civil Code"

Article 209

Real Estate Rights The establishment, change, transfer and elimination of an enterprise shall be effective if registered in accordance with the law; if not registered, it shall not be effective, except as otherwise provided by law. The ownership of natural resources that belong to the state according to law does not need to be registered.

Article 210

Registration of real estate shall be handled by the registration agency where the real estate is located. The state implements a unified registration system for real estate. The scope, registration agency and registration methods of unified registration shall be stipulated by laws and administrative regulations.

Land Registration Rules

Article 37

In any of the following circumstances, the parties to the transfer of land use rights shall sign the transfer contract or agreement after Within thirty days, if it involves a change in real estate, within fifteen days after the real estate change registration is issued, apply for change registration with the transfer contract or agreement, the land tax payment certificate, the original land certificate, etc.:

(1 ) The land use rights are transferred in accordance with the law;

(2) The land use rights are transferred together with the sale or transfer of buildings and attachments on the ground;

The land use rights are changed due to the change of house ownership. If the right of use is changed, the changed house ownership certificate should be submitted when applying for change registration.