The lawyer told how to transfer the business to his wife or parents

How to transfer a business if the property was acquired during the marriage

Transfer of business to wife

• Marriage contract. In this case, it is necessary to determine in the marriage contract that the shares or shares that are jointly owned are transferred to one of the spouses. The marriage contract is concluded before a notary, and after certification, the notary sends an application to the tax authority for registration of the transfer of shares to the spouse.
• donation. The procedure is similar to a marriage contract, but differs in legal consequences. In case of donation of a part to one of the spouses, the co-ownership regime will be preserved for this part. This means that in case of opening of inheritance or in case of foreclosure of the assets of the spouse to whom the shares were transferred, the subject will be half of the part or parts.
• Other methods. If the business exists in the form of an LLC, then with its full control (100%), it is possible to increase the authorized capital and invite the wife as a new entrant, followed by the departure of the husband who transfers the business. The procedure differs from the conclusion of a marriage and donation contract. The expert called it “unnecessarily burdensome.”

Transfer of business to relatives.

If the property is transferred to relatives, you must obtain the consent of the spouse to dispose of the shares.

“It seems optimal to conclude an agreement on the granting of an option, according to which, at the time specified by the agreement, the original owner, who transferred the shares, has the right to request a notary to re-register the shares again at the same. That is, the share is transferred until the time determined by the original owner, ”Popelnyukh noted.

How to transfer a business if the property was not acquired in the marriage

In this case, a donation is applied, the entry of a new participant/exit of the old one. Fundamentally, these structures do not differ; To record the transfer of the right to the shares, it is necessary to legalize a transaction aimed at disposing of a share in an LLC.

On topic: “If you have some kind of absolute trustee, then it is better to transfer the widest possible powers to him”

Features of the transfer of business in the form of JSC.

The procedure will be different for cases in which the business is carried out through a public limited company. In this case, in order to transfer shares, it is necessary to submit to the registrar or depositary documents proving the transfer of the right to shares (marriage agreement, gift agreement, purchase and sale agreement), as well as an order or instruction to transfer shares to a spouse or relative.

Notarization of the stock gift agreement or stock purchase agreement is not required.

IP business transfer

If the business is run by a person in the status of an individual entrepreneur, then it is possible to transfer assets, in particular, real estate and a car, to relatives and spouse. The Advocacy specialist suggests using a gift agreement in this case.

The transfer of ownership of the car occurs at the time specified in the contract, in most cases it is at the time the thing is transferred to the donee.

In order to transfer rights to real estate, you must provide Rosreestr with a document on the basis of which the right to ownership arises (donation agreement). The transaction will not require registration and notary in case the property is not subject to the co-ownership regime.