On The Division Of Joint Shares Of Husband And Wife Of Limited Liability Company In Divorce

Limited liability company shares both property attributes and personal attributes,when the husband or wife in the marriage relationship for a specific reason to obtain such shares,it can be recognized as the joint property of the husband and wife,one or both of the husband and wife in divorce can request to be divided.In view of the increase in the number of such cases,Article 16 of the Interpretation of the Marriage Law(2)promulgated by the Supreme People’s Court provides specifically that husband and wife may,on the basis of consensus,divide the contribution of one party to a limited liability company.However,compared with the complicated judicial practice,the judicial interpretation has a very limited function,its applicability is questioned,and it needs to be made accordingly the change.By analyzing the practical difficulties of the joint-ownership division in the limited liability company during divorce,the author makes clear the reasons why such joint-ownership is in trouble during the division.First,to meet theneeds of judicial practice,build a systematic evaluation system of equity value.Second,combined with the size of the company,the form of ownership,and other factors,to clarify the husband and wife consultation failed when the division of this kind of shared equity.Third,the construction of limited liability company joint equity division procedures to promote the efficient handling of such cases.Fourth,from the right to know,equity preservation and division To establish a systematic protection mechanism for non-shareholders’ equity rights and interests.Fifth,in view of the problems existing in the way of auction equity and husband and wife bidding,it is suggested that the court strictly restrict the application of both.When it is necessary to apply,ensure its fairness and rationality to the greatest extent.