注册股夫妻离婚怎么办

在当今社会，夫妻共同创业并持有公司注册股的情况并不罕见。然而，当夫妻关系破裂走向离婚时，注册股的处理往往成为一个复杂且关键的问题。

首先，需要明确的是，夫妻在婚姻关系存续期间所获得的注册股通常被视为夫妻共同财产。这意味着在离婚时，这些股份需要进行合理的分割。

如果双方用婚后共同财产投资入股，在没有明确的书面约定的情况下，持股比例不等于财产分割约定，无论双方登记的持股比例是多少，都应该按照平分的原则分配。 但如果双方是婚前各自用各自的财产投资入股，因为投资入股的资金是各自婚前财产，持股比例反应了各自以自己财产投资数额的比例，在离婚时，公司股权比例就不宜再做变动分割。因股权本身不是夫妻共同财产，所以离婚时就不涉及股权的分割，各自名下的股权属于各自的个人财产。

在离婚时夫妻共有的股份应当按双方各得一半原则进行分割，并以此调整公司的股权结构。如在多家公司拥有股份则应对各家公司所持股份分别按前述原则各半分割。 若夫妻一方原来不属于公司股东，在对夫妻共有股份分割前可征求其他股东的意见，也可以不征求其他股东意见对夫妻共有股份先行分割。其他股东不同意将公司股份分割（转让）给股东以外的夫妻一方时，不同意分割（转让）的股东应当购买不属股东的夫妻一方应得的股份。该股份买卖所得款项归未取得股份一方所有。如其他股东不购买这一股份应视为同意分割（转让）。

对于有限责任公司来说，具有人合性，股东之间需要相互信任了解。因此，公司其他股东有权对是否接纳新的股东作出决定。同时，基于对公司老股东在公司既有利益和控制权的保护，法律允许老股东在同等条件下行使优先权，排除新股东的加入。因此，在其他股东过半数同意、并明确表示放弃优先购买权的情况下，夫妻对股权变动或分割比例的协议才能对公司发生效力，才可以据此要求公司变更股东名册和工商登记。如果过半数股东不同意股权变动，那么公司股东就有义务以同等条件收购该股份，从而将夫妻共有的股权转化成股东收购股份支付的价款，使夫妻对股权的分割变为对股款的分割。如果半数以上股东不同意股权变动，又不购买该股份，那么超过公司法规定的 30 日答复期，即视为其他股东同意股权转让，放弃优先购买权的行使。

此外，夫妻对股权的分割并非以转让形式进行，因此不存在股权价格。其他股东以“同等条件”行使优先购买权时，也没有一个在先的股价进行比对。因此，这类纠纷的处理需要先对股价作出确定。通常可以由各方协商以出资额或公司净资产额作为价格标准，但当上述标准无法反映公司实际经营情况时，各方可能无法达成一致。此时可以通过审计、评估的方法来确定公司股价。

What to Do with Registered Shares in a Divorce of a Couple

In today's society, it is not uncommon for couples to start a business together and hold registered shares of a company. However, when a couple's relationship breaks down and they divorce, the handling of registered shares often becomes a complex and crucial issue.

Firstly, it needs to be clarified that the registered shares obtained by the couple during the marital relationship are usually regarded as the joint property of the couple. This means that these shares need to be divided reasonably during the divorce.

If both parties invest in the shares with the joint property after marriage, without a clear written agreement, the shareholding ratio does not equal the property division agreement. No matter what the registered shareholding ratio is, it should be divided equally. But if both parties invest in the shares with their own property before marriage, because the investment funds are their own property before marriage, the shareholding ratio reflects the ratio of their own investment amount with their own property. During the divorce, the company's shareholding ratio should not be changed and divided. Since the equity itself is not the joint property of the couple, the division of equity is not involved during the divorce, and the equity under each party's name belongs to their personal property.

During the divorce, the joint shares of the couple should be divided equally between the two parties and the equity structure of the company should be adjusted accordingly. If they hold shares in multiple companies, the shares held in each company should be divided equally according to the aforementioned principle. If one of the spouses was not originally a shareholder of the company, the opinions of other shareholders can be solicited before the division of the joint shares of the couple, or the joint shares of the couple can be divided first without soliciting the opinions of other shareholders. When other shareholders do not agree to divide (transfer) the company's shares to the spouse who is not a shareholder, the shareholders who do not agree to the division (transfer) should purchase the shares that the spouse who is not a shareholder is entitled to. The proceeds from the sale of these shares belong to the party who did not obtain the shares. If other shareholders do not purchase these shares, it is regarded as consent to the division (transfer).

For a limited liability company, it has the nature of a partnership, and shareholders need to trust and understand each other. Therefore, other shareholders of the company have the right to decide whether to accept new shareholders. At the same time, based on the protection of the existing interests and control rights of the old shareholders in the company, the law allows the old shareholders to exercise the preemptive right under the same conditions to exclude the addition of new shareholders. Therefore, when more than half of the other shareholders agree and explicitly waive the preemptive right, the agreement on the shareholding change or division ratio between the couple can take effect on the company, and the company can be requested to change the register of shareholders and business registration accordingly. If more than half of the shareholders do not agree to the shareholding change, then the shareholders of the company are obligated to purchase the shares under the same conditions, thereby converting the joint equity of the couple into the price paid by the shareholders for the acquisition of the shares, and changing the division of the equity of the couple into the division of the share price. If more than half of the shareholders do not agree to the shareholding change and do not purchase the shares, then after the 30-day response period stipulated by the company law, it is regarded as the other shareholders agreeing to the transfer of the shares and waiving the exercise of the preemptive right.

In addition, the division of equity by the couple is not in the form of transfer, so there is no equity price. When other shareholders exercise the preemptive right under the "same conditions", there is no prior share price for comparison. Therefore, the handling of such disputes requires the determination of the share price first. Usually, the parties can negotiate to use the contributed capital or the net assets of the company as the price standard, but when the above standards cannot reflect the actual operating conditions of the company, the parties may not be able to reach an agreement. At this time, the share price of the company can be determined through auditing and evaluation methods.