Research On The Division Of Joint Shares Of Limited Liability Companies In Divorce Proceedings

At present,with the development of the market economy,people’s marriage and family assets have increased,investment has become increasingly diversified,and the establishment requirements of limited liability companies(hereinafter referred to as limited companies)have been reduced,resulting in couples being more willing to invest their joint property in the field of business to establish limited companies.At the same time,the divorce rate has risen,and the division of equity has become a problem faced by adjudicators in most divorce proceedings.However,the newly promulgated Civil Code of the People’s Republic of China(hereinafter referred to as the "Civil Code")does not clearly stipulate the ownership of shares,and the Company Law of the People’s Republic of China(hereinafter referred to as the "Company Law")only stipulates the transfer of equity between ordinary civil subjects,nor does it specify the equity transfer of the husband and wife as the subject.In judicial practice,judges often focus on different value considerations,that is,family order,equality between husband and wife in the marriage law and transaction efficiency and safety considerations in the Company Law,resulting in different judgments in the same case.The lack of legislation causes the judge to face difficulties when dividing the marital equity registered only under the name of one party.First of all,the equity has not been clearly defined whether it is the joint property of the couple.As a result,the judge can only divide the property interests and recognize the joint equity of the couple in the judgment of divorce property disputes.It can divide the share of common equity and become a shareholder of the company after meeting the provisions of the Company Law on equity transfer.Moreover,the judge does not make a trial on this issue and let the parties deal with the case separately,so the ownership of the equity is different.Secondly,for the unilateral disposal of equity,there are considerations from the perspective of marriage and family.For the marital property,because it is the income from hard work after marriage,each member’s labor should be respected under the logic of marriage and family,regardless of the level of salary,members have equal rights to deal with,equity is common property,without the consent of the other party,unilateral disposal of equity is not entitled to disposal.From the perspective of commercial affairs,shareholders have the right to dispose of equity,and the disposal of equity does not require the consent of others,and the unilateral disposal of equity by the holding spouse is the right to dispose of equity,resulting in disputes.Later,the non-holding spouse is not registered in the name of the shareholder,and the Company law stipulates that the shareholder has the rights of the shareholder,so it is difficult for the non-holding spouse to obtain the company materials and provide evidence in the divorce proceedings.Finally,the couple is not legally subject to the qualification,can not become the company’s shareholders,equity registration in the name of one party,the husband and wife shared equity system is missing.Based on this,from the perspective of the matrimonial property system,equity is the consideration of the joint property of husband and wife,and unless the individual proves that the capital contribution comes from personal property,the equity belongs to the joint property of the husband and wife;Based on the special subject of husband and wife,the marital property enters the business field,and within the implied entrustment,the shareholding spouse has the right to unilaterally dispose of the equity,and the implied entrustment of the foreign shareholding spouse unilaterally disposes of the equity under the name without the right to dispose of it;Improve the mechanism for protecting the rights and interests of non-shareholders,protect the right of non-shareholding spouses to know the joint equity of husband and wife,and improve the burden of proof for nonshareholding spouses;Establish a system for joint ownership and registration of marital shares,improve the obligation to declare the joint assets of husband and wife,and legally clarify the joint equity of husband and wife.Establish rules for the registration and publicity of joint shares of husband and wife,maintain the existing status of shares held in the name of one party,highlight the equity as joint equity of husband and wife in the registration system,mark the co-owners and co-ownership ratio of the equity,and indicate the party exercising the equity,so that a third party can know in commercial transactions and maintain the security of the transaction.