At the time of divorce, the company's equity division method is as follows:
1. A company limited by shares held by husband and wife.
1, the shareholding ratio cannot be considered as an agreement on the same property of husband and wife, but should be equal share.
2. If both husband and wife are willing to continue holding shares, they will share the shares equally.
3. If a husband and wife are unwilling to hold shares, they will compensate the unwilling shareholders for half of the share price, change the company into a one-person limited liability company, or find new shareholders to join.
4. If the husband and wife are unwilling to continue their business, they can auction or liquidate the assets of the company, divide the assets after liquidation and cancel the company.
Two, a limited company in which one party contributes the same property and shares with others.
(a) Direct transfer of equity between husband and wife
1. The husband and wife negotiate to transfer part or all of their capital contribution to the spouse of the shareholder. If more than half of the shareholders agree and other shareholders explicitly give up the preemptive right, the spouse of the shareholder can become a shareholder of the company;
2. If the husband and wife reach an agreement on the transfer share and transfer price of the capital contribution, and 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 husband and wife shall divide the property obtained from the transfer of the capital contribution.
3. 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.
(2) There is no price compensation or equity transfer between husband and wife.
1. After the spouse discounts the shares belonging to the other party, the spouse compensates the other party in the form of money.
2. The division of marital property in the company requires the liquidation of all the company's net assets, creditor's rights and debts, and the evaluation of the company's net assets.
3. If the husband and wife can't reach an agreement through consultation, one party shall pay the assessment fee first, or both parties shall pay half the assessment fee. In the process of litigation, if both parties are unwilling to pay the assessment fee, the court will not divide this part of the property.
Three, the proportion of capital contribution can not be regarded as the agreement of husband and wife property.
In a limited company established by a husband and wife with the contribution of property, the shareholders of the company can be registered as one of the husband and wife or both. The proportion of equity between husband and wife is often arbitrary, but it is only a formal agreement and cannot reflect the actual distribution of the same property between husband and wife. Unless otherwise expressly agreed in writing by the husband and wife who have registered shares, it can only be regarded as the joint property of husband and wife, and it is presumed to be half of the share of husband and wife.
Legal basis: Interpretation of the Supreme People's Court on the Application of Marriage and Family Compilation (I)
Article 72 When a husband and wife divide securities such as stocks, bonds, investment fund shares and shares of unlisted joint stock limited companies in the same property, if negotiation fails or it is difficult to distribute them according to the market price, the people's court may distribute them in proportion to the number.
Article 73 When a people's court tries a divorce case, it involves dividing the amount of capital contribution of one spouse in a limited liability company in the name of one spouse. If the other spouse is not a shareholder of the company, it shall be handled separately according to the following circumstances:
(1) The husband and wife agree to transfer part or all of their capital contribution to the spouse of the shareholder through consultation. If more than half of the other shareholders agree and all other shareholders explicitly give up the preemptive right, the spouse of the shareholder may become a shareholder of the company;
(2) If more than half of the other shareholders do not agree to transfer the capital contribution, and the husband and wife transfer the price after reaching an agreement through consultation, but are willing to purchase the capital contribution on the same terms, the people's court may divide the property obtained from the transfer of the capital contribution. If more than half of the other shareholders do not agree to the transfer or are unwilling to purchase the capital contribution on the same terms, it is deemed that they agree to the transfer, and the spouse of the shareholder can become a shareholder of the company.
The evidence used to prove the shareholders' consent as mentioned in the preceding paragraph may be the materials of the shareholders' meeting or the shareholders' written statements obtained by the parties through other legal channels.