Research On The Divorce Division Of Shared Equity In Limited Liability Companie

Divorce division of limited liability company equity has always been a typical problem in the intersection of company law and marriage and family law.How to divide the shares of a limited liability company is a common problem in divorce litigation.Neither the Company Law nor the Civil Code clearly stipulates that the position of adjudication in practice is uncertain and opinions vary in theory,which easily leads to the situation of "different judgments in the same case".Due to the strong human compatibility of the limited liability company,the divorce division of the limited liability company’s equity is more difficult,because it is likely to involve the conflict with other shareholders’ preemptive right in the face of the new or quit of shareholders.Because when the husband and wife are both shareholders of the limited liability company,the internal transfer of equity is not restricted,and they can freely transfer the equity to the other spouse in the divorce division,the handling of such situation has been relatively consistent in practice.Therefore,this paper only analyzes and studies how to divide the equity of a limited liability company held by one of the spouses when the husband and wife have not reached an agreement,focusing on the way of equity distribution,the exercise of other shareholders’ right to buy equity first,and the evaluation of the value of equity division,and puts forward some suggestions on perfecting the equity division system in divorce litigation cases.With reference to the actual case handling,while the interests of the company and other shareholders are not affected in any way,we should safeguard the rights and interests of non-shareholders of spouses and realize the true fairness and justice of shareholders on the basis of law.The first chapter of this paper is divided into three parts.The first part defines the concept and nature of equity and joint equity,elaborates the category of equity held by one spouse of limited company,and makes clear the divisibility of joint equity held by husband and wife of limited liability company.The second part analyzes the legislative and judicial status quo of the equity division of a limited liability company held by one of the husband and wife,and summarizes the legal dilemma of the divorce division of the equity of a limited liability company held by one of the husband and wife through the analysis of the defects of the current situation,the relevant theoretical debate,the judgment position of the judicial practice and the statistical analysis of the data.In the last part,the author expounds and analyzes the necessity of perfecting the system from three perspectives,namely,the way of division of common shares,the preemptive right of other shareholders,and the value evaluation of the division of common shares.The second chapter is the analysis of the ways of the division of the joint stock right,which is the analysis of the specific ways of the division of the joint stock right and the application of different ways of the division in the judicial practice,combined with specific cases.Mainly divided into two aspects,one is that both sides advocate equity,based on price compensation segmentation method,the other is that both sides advocate money,based on equity transfer segmentation method.The equity transfer of a limited liability company must comply with the provisions of the Company Law,and other shareholders must give up the preemptive right to complete the equity transfer.This paper points out the limitation of law application in the process of equity division,and then finds out the way to solve the problem of perfect joint equity division.The third chapter is the core chapter of this paper,which mainly discusses the preemptive right of other shareholders involved in the division of common equity.Firstly,starting with the basic theory of shareholders’ preemptive right,it meets the "same conditions" for the exercise of preemptive right.Based on the normative concept of the company law,the concept of allowing the market to regulate itself and give full play to its resource allocation effect,and the idea of preventing abuse and strictly controlling necessary facilities,this paper summarizes the rules and specific application methods of shareholders’ preemptive right in the division of common equity.Combined with the examples of other countries in the exercise of shareholders’ preemptive right and various theories in academic circles,this paper summarizes the applicable standards in China.It is mainly analyzed from four aspects:the application of the restrictive provisions on equity transfer in the company law,the circumstances otherwise stipulated in the articles of association,the compulsory auction of equity and the exercise of shareholders’ preemptive right,and the damage relief of shareholders’ preemptive right.The fourth chapter is the value evaluation analysis of common equity division,which is also the summary of the analysis and discussion of the first two chapters.In practice,it is difficult to determine the equity value,which is not only reflected in the lack of legislation,but also difficult to prove.This chapter starts with the object of equity division-equity income,and analyzes the factors,types and legal application of equity income.Secondly,by analyzing the limitations of the existing equity value evaluation system,including the randomness of evaluation methods,the deviation of evaluation procedures and the difference of evaluation results.