How to distribute the shares of a divorced company?

Legal analysis: when a husband and wife divorce, if one party holds shares in a limited liability company and the other party is not a shareholder of the company, how to divide the shares of the company can be carried out according to the following rules:

First, negotiate subdivision. After negotiation, both husband and wife agree to transfer part or all of the equity to the shareholder's spouse, and if more than half of the shareholders agree and other shareholders explicitly give up exercising the preemptive right, the shareholder's spouse can become a shareholder of the company. If more than half of the shareholders do not agree to the transfer, but are willing to purchase the capital contribution at the same price and under the same conditions, the property obtained from the transfer of the capital contribution can be divided equally; If more than half of the shareholders do not agree to the transfer and are unwilling to purchase the capital contribution at the same price, it is deemed that they agree to the transfer, and the spouse of the shareholder may also become a shareholder of the company;

Second, the division of litigation. By filing divorce proceedings, the court confirmed the division plan.

Legal Basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II) Article 16 When a divorce case is tried by a people's court, if one spouse is involved in the division of capital contribution in a limited liability company in the name of one spouse and the other spouse is not a shareholder of the company, the following treatment shall be taken: (1) The husband and wife transfer part or all of their capital contribution to the spouse of the shareholder through consultation, with the consent of more than half of the shareholders. (2) After the husband and wife reach an agreement on the transfer share and transfer price of the capital contribution, if more than half of the shareholders do not agree to the transfer, but are willing to buy the capital contribution at the same price, the people's court may divide the property obtained from the transfer of the capital contribution. If more than half of the shareholders do not agree to the transfer and are unwilling to purchase the capital contribution at the same price, it is deemed that they agree to the transfer, and the spouse of the shareholder can become a shareholder of the company. The evidence mentioned in the preceding paragraph to prove the consent of more than half of the shareholders may be a resolution of the shareholders' meeting or a written statement of the shareholders obtained by the parties through other legal channels.