How to divide the company's share divorce?

Legal analysis: When a husband and wife divorce, one party can accept the company shares owned by the husband and wife through negotiation, and the other party can share the property owned by other couples. However, in a limited company whose shareholders are only husband and wife, after one person holds all the shares, the company is a private enterprise, which no longer meets the legal conditions of a limited company with more than two shareholders and less than 50 shareholders. In this case, there are three solutions. One is to transfer part of the company's shares to a third party, and the remaining shares are held by the husband and wife. Second, one spouse holds very few symbolic shares and the other holds an absolute majority. There is no restriction on the minimum shareholding ratio of shareholders in the Company Law. The party holding symbolic shares in this way can hold as few shares as possible, which has little substantial impact on the company's rights and interests. But this insignificant share still has rights and interests in the sense of company law. The third is to change the limited company into a private enterprise. But this change may not be conducive to the continued operation and development of the original company.

In a company with other shareholders besides husband and wife, there are two situations when a husband and wife change their original shareholding ratio in the company when they divorce. In one case, both husband and wife are shareholders of the company, and the shareholding ratio needs to be adjusted when divorced. Another situation is that only one of the husband and wife is a shareholder, and when divorced, the husband and wife divide the shares of the company. In these two cases, the disposal of the company's shares is not only the distribution of rights and interests within the husband and wife, but also involves the rights and interests of all other shareholders of the company. The former case is the transfer of shares between shareholders of the company, and both husband and wife can change their shares through consultation. The latter case belongs to the transfer of shares to people other than shareholders, which should be approved by more than half of all shareholders according to the Company Law. Other shareholders are conditionally restricted by the company law when exercising the veto power of share transfer. If the shares of husband and wife cannot be divided due to the disagreement of other shareholders, the shareholders who disagree with the division shall purchase the shares divided by husband and wife to one of the husband and wife who is divorced but not the shareholders of the company, otherwise it shall be deemed as agreeing to transfer (divide) the shares of the company.

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 husband and wife 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.

In any of the following circumstances, if mediation fails, divorce shall be granted:

(a) 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.