How to evaluate the executed person's shares in the company?

The specific evaluation methods are as follows:

(1) Restrictions on the frozen shares of the person subjected to execution. First of all, the creditor shall apply to the people's court for compulsory execution according to the effective legal documents with payment content, and provide the people's court with specific proof materials that the person subjected to execution is a shareholder of the company and holds the company's equity; Secondly, the people's court takes the materials provided by the application as the form of examination. If the person subjected to execution does hold the equity of the company, the people's court shall make a civil ruling to freeze the corresponding equity of the person subjected to execution, and serve the ruling on the person subjected to execution, and at the same time send a notice of assistance in execution to the company where he works, informing him that he shall not go through the transfer procedures of the frozen equity by himself, and shall not pay dividends or bonuses to the person subjected to execution.

② External publicity and internal notification of frozen shares. After the stock right is frozen, the people's court shall first announce it to the public. Explain the situation that the equity is frozen, and inform the dissenter to raise an objection to the people's court within a certain period of time, otherwise the people's court will continue to enforce the equity. Secondly, solicit the opinions of other shareholders of the company, and auction, sell or transfer by other means after obtaining the consent of more than half of all shareholders according to law. Shareholders who do not agree to the transfer shall purchase the transferred investment right or equity. If you don't buy it, it will be deemed that you agree to the transfer, and it will not affect the implementation. At the same time, inform other shareholders that they have the preemptive right.

(3) Value evaluation of price changes of executed equity. The pricing of equity transfer is a thorny issue in reality, because the equity value includes investment, income, loss and other contents, and the situation is complicated. After the people's court decides to transfer the equity, it may organize the applicant to negotiate with the person subjected to execution to determine the transfer price of the executed equity. If negotiation fails, the equity value shall be determined by evaluation, and the people's court shall entrust an evaluation agency to evaluate the equity value. In order to make the evaluation results objective and fair, in the evaluation process, the people's court should organize the enterprise to provide relevant materials to the evaluation institution, and cooperate with the evaluation institution to conduct a comprehensive inventory of the existing assets of the enterprise in order to obtain the actual value of the equity.

(4) How to realize the compulsory conversion of equity. One is an auction. At the time of auction, the auction reserve price shall be based on the equity value determined by the above negotiation or evaluation, and the shareholders who have not given up the preemptive right shall be notified for comments. The second is to pay off debts. If the applicant and the person subjected to execution reach an agreement through consultation or the court auction is unsuccessful, the people's court may pay off the equity to the applicant with the consent of the creditor and under the condition of retaining the preemptive right of other shareholders. The third is to sell. With the consent of the applicant and the person subjected to execution, the people's court may organize the person subjected to execution to sell or transfer the equity. If the person subjected to execution transfers it by himself, the people's court shall supervise and control the selling price at a reasonable price within a specified time limit and enforce it.

⑤ Changes in compulsory transfer of equity. When the transfer of equity is enforced, the people's court shall assist the relevant units and companies to implement the notice, and the company will record the name and address of the transferee in the register of shareholders. At the same time, the transferee shall go to the administrative department for industry and commerce to go through the relevant change procedures according to law with the auction transaction certificate and the notice of court assistance. After completing the corresponding change procedures, the transferee may obtain the corresponding equity according to law, and the people's court shall enforce the equity to settle the account.