1. Divide the company's shares to the party actually in charge of the company's operation, and give the other couple compensation equivalent to the consideration of the company's shares in case of property division.
2. After the divorce, both husband and wife are shareholders of the company, each holding shares in the company.
At the time of divorce, the shares owned by both husband and wife should be divided according to the principle that each party holds 50%, and the company's shareholding structure should be adjusted accordingly.
3. If one of the husband and wife originally did not belong to the shareholders of the company, the opinions of other shareholders may be sought before the share division of the husband and wife.
When other shareholders do not agree to divide (transfer) the shares of the company to the spouse other than the shareholder, the shareholder who does not agree to divide (transfer) shall purchase the shares to the spouse other than the shareholder. The proceeds from the sale of shares belong to the party that has not obtained the shares. If other shareholders do not purchase the shares, they shall be deemed to have agreed to split (transfer).
4. The liquidation company or auction company, the remaining assets after liquidation or the auction proceeds shall be divided as the property of husband and wife. But only for companies with only husband and wife as shareholders.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 1076 If a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office. The divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal.
Article 1079 If one of the spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court. When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted. Divorce shall be granted if mediation fails under any of the following circumstances: (1) bigamy or cohabitation with others; (2) committing domestic violence or abusing or abandoning family members; (three) gambling, drug abuse and other bad habits; (four) separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the marriage relationship. If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted. After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.