Study On The Stock Rights Partition About "Couple" Corporation In A Divorce

Couple company has always been the focus between theory and practice, which is in the "Marriage law" and "Corporation Law"of the intersection zone.When divorce cases involving the "Couples company", it is more of a court to trial, because there is no clear legal basis and judicial interpretation. The relationship between husband and wife is adjusted by "marriage law", the relationship between the shareholders and the shareholders is adjusted by the Corporation law. In 2005, the "Corporation Law" has not a one-person limited liability company before modification, a lot of people often want to set up the company, but also don’t want to cooperate with others. Therefore the limited liability company is in the name of husband and wife by two people. According to the " Corporation Law ", although on the surface of the couple has a respective contribution, in fact, as stipulated in the "Marriage law", it is a common joint property of husband and wife in marriage.Couples company, the relationship is not only the husband and wife but also the shareholders’, when the relationship between husband and wife doesn’ t continue, and the relationship between the shareholders continues, that is, husband and wife relationship is broken, and in the company is continuous. But after 2006, the " Corporation Law "to after the specific requirements of one-man company, when couples divorce, they decided to Segmentation of equity. That may also change the type of the original Couples company. One is divided into two companies, the protection of the interests of creditors is particularly important. So Couples company should be followed to perfect laws and regulations, and equity at the time of the partitioning of Equity.Valuation standard, in view of Rights of Creditors of protection, it will be conductive to the future ownership segmentation of husband and wife, which is difficult to solve the problems, and conducive to the stability of the economic development.But for the company’s property what is changed from? When a couple divorce turned and walked to the dissolution of the company. Equity division of the company is the legal adjustment? The research purpose of this paper is to investigate the divorce cases involving couples company, to set up a couple of types affect when divorce division of property and the setting up of a husband and wife couple company paid to the influence of equity division, and discussion about the Rights of Creditors of protection.