| This article believes that the equity acquired in a limited liability company with the joint property of the spouse during the marriage relationship,and the equity of the spouse’s individual equity in the limited liability company agreed by the spouses as the joint property of the husband and wife are the joint equity of the husband and wife.Our country’s current laws and regulations have never provided for the joint equity of the spouse.Only in the "Judicial Interpretation 1 of the Civil Code,Marriage and Family Edition",the division of the capital contribution of the limited liability company registered in the name of the spouse is stipulated in the case of divorce.The term "capital contribution" is quite subtle,which seems to indirectly affirm that the equity belongs to the joint property of the husband and wife,and it does not seem to clearly state that the equity belongs to the joint property of the husband and wife.This ambiguity in legislation has led to constant controversy in judicial practice,and there is no conclusion.There has always been a theoretical dispute about whether equity can be co-owned.It is affirmative and negative.The main reason is that the core of equity is the property right.The main reason is that equity can be shared by husband and wife.The negation is mainly based on acknowledging that joint ownership by husband and wife will destroy the limited liability company.The main reason for the combination of people is that equity cannot be shared by husband and wife.The author believes that husbands and wives can share equity together.Husband and wife share equity involves the intersection of civil law and corporate law,the conflict between husband and wife identity rights and shareholder identity rights.Based on the historical thickness of the marriage relationship and the importance of social harmony and stability,the author believes that husband and wife share equity Equity has its actual necessity and legal legitimacy.The system of co-ownership has existed in ancient times.The earliest in the West can be traced back to Roman law and Germanic law.In the past,property was mainly in the form of objects,so the common objects were mainly movable and immovable properties.With the development of the times,equity as an important form of property has been universally recognized by the society,so the common ownership system should expand its scope with the development of the times and include equity in the common object.The author mainly discusses that equity can be shared by husband and wife from the perspective of the property and indivisibility of equity.In judicial practice and some scholars believe that joint equity by husband and wife will undermine the humanity of a limited liability company,the author refutes it.On this issue,the author designed a set of rules for the exercise of the joint stock rights of a limited liability company,which can perfectly take into account the human nature of the limited liability company.Although the exercise of joint stock rights can refer to the provisions on the exercise of real rights,as a new type of right,stock rights include property rights and personal rights.New rules for the exercise of rights should be established under the system of my country’s company law limited liability company.,So that the joint ownership of the joint stock and the humanity of the limited liability company are integrated.There is no precise definition and distinction between equity ownership and shareholder qualifications under my country’s current "Company Law" system.In judicial practice,the two are generally considered to be the same.However,the author believes that equity ownership and shareholder qualifications are two independent and different Conceptually,equity ownership focuses on the attributes of equity "things",which has property attributes and worldliness,while shareholder qualification focuses on the membership attributes of equity.On the basis of equity ownership,the company’s approval is the basis for determining shareholder qualifications.Therefore,the equity belongs to both spouses and the shareholder qualifications are confirmed by the company.If the company recognizes that both spouses have shareholder qualifications,the names of both spouses should be recorded in the shareholder register,and a "representative" should be elected to exercise shareholder rights.If the company only recognizes that one of the spouses is qualified as a shareholder,then only the one recognized by the company will have the shareholder qualification,recorded in the register of shareholders,and exercise shareholder rights.When the husband and wife agree to change their shareholder qualifications,they should apply to the company.The company shall comply with the articles of association.Approved to change shareholder qualifications through a resolution of the shareholders meeting.In the case of a husband and a wife share equity,upon the approval of the company,when the husband and wife have agreed to record the names of both spouses on the register of shareholders,the company is obligated to record the names of both spouses on the register of shareholders,and the register of shareholders shall It can satisfy the existence of joint equity.In view of the fact that neither the company’s industrial and commercial registration nor the shareholder register can satisfy the situation of joint equity,the author believes that the company registration system and the shareholder register system should be improved.When the company conducts industrial and commercial registration,the regulatory department should allow both spouses to be registered as shareholders.The register of shareholders should also improve its content,so that both spouses can appear on the register of shareholders as shareholders at the same time.When both spouses have shareholder qualifications at the same time,a “representative”should be elected,and the representative shall exercise shareholder rights uniformly.The meaning expressed by the husband and wife unanimously agreed is pre-positioned and publicized.In this way,it can not only solve the equal rights of the husband and wife to deal with the common property,but also can effectively maintain the personal integrity of the limited liability company,and take into account the rights of husband and wife and shareholder status.In the end,it can not only effectively maintain the harmonious and stable development of the society and mainstream social values,but also meet the efficiency requirements of the company’s operation. |
