When the court auctions the executed shares, it must evaluate the value of the shares. When evaluating the executed shares, the people's court may order the relevant enterprises to provide accounting statements and other materials.
Provisions of the Supreme People's Court on Auction and Sale of Civil Execution Property by People's Courts Article 4 The people's court shall entrust an appraisal institution with corresponding qualifications to evaluate the price of the auction property. If the value of the property is low or it is easy to determine the price according to the usual method, the evaluation can be omitted.
The people's court shall allow the parties and other enforcement creditors to apply for non-evaluation. When evaluating the equity of the person subjected to execution, the people's court may order the relevant enterprises to provide accounting statements and other materials; If the relevant enterprise refuses to provide it, it can be forcibly extracted.
How to evaluate the equity of an enterprise?
Evaluation method of enterprise equity value:
1. Income present value method, which evaluates the value according to the reasonable profitability and discount rate of the assets being evaluated;
2. The current market price method uses the market reference price to evaluate the revaluation value;
3. The replacement cost method is to re-evaluate the value according to the replacement cost of the asset minus the accumulated depreciation of the replacement cost service life, or to re-evaluate the value according to the service life of the asset;
4. The liquidation price method should be based on the asset valuation realized at the time of enterprise liquidation; Equity transfer price should take the market value of equity as the standard.
What are the characteristics of equity?
1. First, equity is a specific civil right acquired by shareholders based on their capital contribution behavior, and the civil rights enjoyed by shareholders that have nothing to do with capital contribution behavior are not equity.
2. Second, property is the most basic attribute of equity. Because of its contribution, shareholders convert its contribution into registered capital in kind or in currency.
3. Third, the content of equity is diverse. Generally speaking, in China, fairness includes two functions: public welfare right and self-interest right. Shareholders' self-interest right refers to the rights that shareholders independently exercise based on their own interests, such as the right to request equity transfer and the right to request dividend distribution.
4. Fourth, the equity can be divided. Shareholders may transfer all or part of their shares when transferring their shares. When shareholders partially transfer their shares, the original shareholders and the new shareholders each enjoy independent shares.
Fifth, the equity is transferable. For a limited liability company, the transfer of shares by shareholders is restricted to some extent, but only by the wishes of other shareholders in the transferred object, rather than non-transferable; For joint stock limited companies, only for shareholders with special status, the holding time is limited and transferable.