Analysis On The Splitting Of Married Couple Shares In A Limited Liability Company

Over the past 40 years of reform and opening up,China's economy has achieved rapid development,and the goal of economic development has also achieved a fundamental transformation.From pursuing high economic growth to high quality of economic growth,people's pockets are bulging,and their living standards are better.High,the possession of the property has become more diverse,from the common real estate,cars and deposits in the food,clothing and housing to the equity after the development of the market economy.As a new type of property,equity is a product of market economy and corporate development.More and more couples obtain equity through capital contribution during marriage,but when the relationship between husband and wife breaks down,it must be in the joint property of husband and wife.The division of the shares is divided into two parts of the Marriage Law and the Company Law.However,the two laws lack a clear definition of the problems encountered by the husband and wife in the shareholding division,which leads to China.The judgments of local courts have made great differences.The problem of splitting the shares of husband and wife is not only the division of the joint property of the husband and wife,but also the interests of the third party and the stable development of the company.Therefore,the regulations for this piece need to be timely concreteness.In addition to the introduction and conclusion,this article elaborates on the issue of joint ownership of couples in limited liability companies through four chapters.The first chapter introduces the current situation of the joint stock ownership of the limited liability company.Firstly,it analyzes the legitimacy of the joint stock split of the husband and wife,demonstrates the severability of the joint stock,and then introduces the specific division of the joint stock of the limited liability company.Type,once again introduces the legislation and judicial overview of the joint ownership split of the limited liability company,and conducts an in-depth analysis of the cases in judicial practice.The second chapter summarizes the problems often encountered in current judicial practice,such as the ownership of the husband and wife equity,the measurement of the equity value,the company form after the joint ownership of the husband and wife,the impact of the equity split on the third party and the company,and The issue of the preservation of the joint stock of the husband and wife.The third chapter is the principle that should be adhered to in the joint ownership division of the limited liability company,mainly the principle of autonomy of the parties,the bidding principle in case of dispute,the protection principle of the weak party and the third party's interest.in principle.The fourth chapter is based on the combination of foreign laws and regulations and the recommendations of experts and scholars in China,and some perfect countermeasures for the existing problems of common stock of couples in judicial practice.For example,it is recommended to establish a husband and wife equity registration system for couples.The equity registration system clarifies the ownership of the joint stock of the husband and wife to reduce disputes in judicial practice and improve judicial efficiency.For the issue of preservation,it is recommended that the court should take the initiative to preserve the situation after the court has found out the situation,so as to prevent the registered spouse from practicing damage to the joint stock of the couple;In view of the company form after the split shareholding of the husband and wife,the parties are urged to make timely changes;in view of the difficulty in evaluating the equity value,it is recommended to introduce a professional third party through the government to purchase public services for evaluation,and implement strict access by the assessors.The mechanism,strict assessment of the assessment agency and the corresponding assessment mechanism,severely penalize the assessment agency and the assessmentpersonnel or the parties who violate the requirements.