Category: Money tips Release Date: 2007-02-10
Comrade Zhou:
I am ready with my husband divorce her husband for the foreign companies operating, he accounted for 32% of the shares. He told me that foreign shares can not be transferred, even if the divorce, I can not get that half of the shares. I would like to know if a divorce, I can get 16% of the shares? If so, how do I get? If not, what requirements?
Readers Miss Liu
Miss Liu:
In divorce cases, it is necessary to correctly handle the common property with the husband and wife to a party on behalf of investors in the limited liability company formed the division of shares, according to the "Marriage" and "Company Law" of the relevant regulations.
The first case: transfer of shares between husband and wife have to agree. According to the "Company Law" The limited liability company's shareholders funded the transfer of the provisions of a divorce case, between husband and wife on one side held in the name of the husband and wife to a total equity transfer agreement, you also need to more than half of all shareholders through the company's consent, and the abandon the right of first refusal under the same conditions, husband and the spouse of one of shareholders in limited liability company may become a new shareholder; if the limited liability company more than half of all the shareholders do not agree that, in such cases, should be based on "Company Law "the relevant provisions of protection of other pre-emptive rights of shareholders, while the transfer of the funding derived from property as jointly owned property, according to the law division. For these types of specific situations, in the April 1, 2004 shall come into force of the Supreme People's Court "on the application of" The People's Republic of China Marriage Law of the "Interpretation of Several Issues (2)" (hereinafter referred to as "Marriage explanation (2)") 10th 6 The first paragraph has been clearly defined.
Second case: the couple could not reach an agreement. Because of limited liability company owned jointly with the nature and people together, not only among shareholders have common economic interests, but also have a higher relationship of trust. For such a case should not ruling directly to a division of the equity, but should be one sentence in order to achieve equity, the other to obtain appropriate compensation is appropriate. How to determine the amount of compensation, which involves the determination of the value of the equity. The general situation of the company's assets should be determined based on equity value.
Shanghai Securities News volunteer corps, members of the activist investor, Shanghai, Guang-Fa CHEN Wen Law Law Firm
