Analysis On The Dividing Of The Virtual Stock Option In The Divorce

With the development of market economy, people’s enthusiasm for entrepreneurial is arising, medium-sized and small enterprises are emerging all the time, in order to solve the initial funding problem, many medium-sized and small enterprises especially the network companies choose the virtue stock option to ease the pressure of the highly-paid talents; the virtue stock option existing as the special asset has also emerged in the divorce case, how to divide this special asset is becoming an issue of the divorce case in recently years.The true nature of the virtue stock option is actually a derivative from the equity incentive system, it’s to authorize the top management of the company the right to purchase a certain amount of the start-up company’s stock at a fixed price during a fixed period. The incentive amount is based on the top management’s job performance assessment, tenure and the importance of the position. The main purpose for this is to tie the shareholder’s self-interest, the corporation operation and the top management’s interest together,in order to maximize the company’s best interest. However, due to the fact that the virtual stock option is an inseparable right, under circumstance that the time to exercise the option is due and this special right turns into asset, this is the time this virtual stock option can be recognized as marital asset to be divided. But,in the judicial practice, how to divide the virtual stock option still has three problems needs to be solved, which are a) it’s hard to implement the proof of burden; b) No regulations on the damage compensation liability; c) the time limitation to exercise the right is not clear.Through the study and analysis, the author believes the abovementioned problems can be solved by strengthening notifying liability on the marital asset, setting up the compensation regulations on the violation of the virtual stock option and be specific on the time limitations of the virtual stock option.This thesis is just trying to throw a brick to attract a jade, hope to provide some undeveloped thoughts to the legislation of volume of kinship in civil code.