How to divide the divorce of the shop opened by Ningbo husband and wife together

Two people opened the store together, with mixed accounts, mixed goods and mixed customers. It was only when it was time to divide that the difficulty was not feelings, but how to open a business that was still running fairly without letting it die.

The main form of 1. business determines the path.

The first step is to find out what the business entity is: individual business, sole proprietorship, partnership or limited liability company. Different forms correspond to completely different segmentation rules, and mixing up will make the whole scheme deviate.

The subject type, operator or shareholder information on the business license is the starting point for judging the path. Many disputes can actually be sorted out in this step. In Ningbo, the registration information of individual businesses and companies can be inquired free of charge through the national enterprise credit information publicity system. The "operator" and "shareholder" columns can be clearly seen before the plan is determined, which can avoid confusing the main types.

Check the business license first.

Treatment of 2. individual industrial and commercial households

the income of an individual industrial and commercial household jointly operated by the husband and wife shall belong to the joint property of the husband and wife, and the debts shall be paid off by the joint property. At the time of division, one party usually continues to operate and compensates the other party for the price, or may negotiate a change of operator or divide the remaining property after cancellation.

It is not enough for the agreement to stipulate who will continue to operate, and it is necessary to go through the change registration with the market supervision department, otherwise the original operator may still be liable to the outside world.

Operator change to go through the formalities

handling of 3. Limited

the company's equity involves the interests of third-party shareholders. The non-shareholder spouse usually gets the property interest corresponding to the equity, and to become a shareholder directly requires the consent of a majority of the other shareholders and does not exercise the right of first refusal. In practice, it is more common for the shareholder to retain the equity and pay a discount compensation.

Writing the claim as a split stake itself can easily be blocked by procedural restrictions. Proposition compensation around equity value is usually easier to achieve.

Do not directly claim to share

how 4. operating assets are valued.

The valuation covers inventory, equipment, renovation salvage value, accounts receivable, advances and book funds, and deductions for payables. The more controversial can apply for assessment, but the assessment cycle and costs need to be weighed, small micro-business entities often use a joint inventory of both sides.

Agreed on a clear reference date and jointly signed to confirm the results of the inventory, can avoid every day after the business changes become a new source of dispute.

The counting day should be fixed.

Treatment of 5. debt and goodwill

if the debt formed in the course of operation is a common debt, it should be considered together in the division; although it is difficult to accurately price the intangible value such as customer resources accumulated by the store and online store scores, it can be used as a discretionary factor in determining the amount of compensation and should not be ignored directly.

Online store ratings, fans, and historical transaction data are difficult to price, but have a significant impact on the continuity of operations. When talking about the plan, the attribution of the account number and the obligation of follow-up assistance should be clearly defined to avoid the value of closing and reopening the store.

Online shops should be set up separately.

How to maintain business during 6. split.

During the litigation, the store was still in operation, and the most taboo thing was that the two sides set restrictions on each other, resulting in a shutdown of operations. A more pragmatic approach is to first agree on temporary operating arrangements: who is responsible for day-to-day operations, how revenues and expenditures are recorded, and whether large expenditures need to be confirmed by both parties. Clear talk about the transition period rules will preserve the value of assets and reduce subsequent disputes over the accounts.

The agreement to issue monthly details of income and expenditure and signed by both parties is the simplest and most effective way to prevent mutual accusations of misappropriation afterwards.

If the store involves employment and long-term supply relationship, the division plan shall clarify who will undertake the labor relationship and contractual obligations. This part is not clear, it is easy to produce new disputes after the handover, and even affect the normal operation and goodwill of the store.

1. Transition accounts to be jointly recognized

2. Employees and suppliers to arrange in advance

7. case proof

in practice, the individual industrial and commercial households jointly operated by husband and wife shall continue to be operated by one party, and the court shall, according to the net assets confirmed by the inventory, judge that it shall pay the other party a discount compensation of about 760000 yuan. 380000 yuan.

In practice, another case involved a 60% equity interest in a limited company, and the court ruled that the shareholder should retain the equity and pay compensation of about 2.4 million yuan to the non-shareholder spouse at the appraised value of about 1.2 million yuan.

In practice, the two sides in the division plan clearly by the continuation of the business to undertake all the employment and supply contracts, the handover of about 2 months to complete, the operation is not affected, no subsequent disputes.

8. Risk Alert

• the plan will be discussed without first confirming the type of business entity.
• It is only agreed who will continue to operate but not to register the change.
• Directly arguing for a split stake ignores procedural restrictions.
• Valuation omission of payables and inventories.
• The non-fixed base date of the inventory led to the continuation of the dispute.

9. FAQ

first look at the type of business entity, individual industrial and commercial households for one party to continue the business plus discount compensation.

generally cannot. Usually the share is the equity property interest, and there are procedural restrictions on becoming a shareholder.

Calculate. Inventory, equipment, renovation residual value and receivables should be included in the valuation.

Accurate pricing is difficult, but can be used as a discretionary factor in determining the amount of compensation.

Account ownership and follow-up assistance obligations should be clarified to avoid zero value due to store closure and reopening.

It is recommended to first agree on temporary operating arrangements and to jointly confirm the breakdown of income and expenditure on a monthly basis.

How to divide divorce in mom-and-pop shops?

Can the company's equity be divided directly in half?

Does the goods and equipment in the store count?

Can customer resources count as money?

How to deal with online shops?

How does the store open during the lawsuit?

Practical Experience of 10. Lawyers

the shop opened by husband and wife is divided into the main body first. The starting point is the main type of business license: individual industrial and commercial households, sole proprietorship enterprises, partnerships, limited liability companies, these corresponding division rules are completely different, mixed up the whole scheme will go wrong. Seeing whether the registration is an individual industrial and commercial household or a limited company, the required materials and the follow-up method are completely different things. The first step is to find out the operators, shareholders, capital contribution and registration through the enterprise credit information publicity system, to see what form the store exists in, and then decide which division path to take.

The division of the main body also needs to be valued, because the value of the business is not only equipment and inventory, but also customer resources, goodwill and contracts being performed. Operationally, the accounts, inventory, accounts receivable, liabilities item by item inventory, if necessary, commissioned assessment. Individual industrial and commercial households often prefer to return to one party as a whole and then compensate the other party at a discount. The company's equity will involve the transfer of equity or discount. At this time, attention should also be paid to whether the company's articles of association and other shareholders have the right of first refusal. Many schemes are stuck in this step.

The easiest thing to overlook, but the most important thing is: don't kill the business. During the negotiation of the division, a few rules are set for the transition of the operation-who will continue to operate, how the proceeds and debts of the transition period will be calculated, and who will bear the debts owed to the outside world, so as to prevent one party from quietly drawing funds or taking away customers during the division. Debt should be distinguished between personal debt and operating debt, and goodwill should be treated separately. If you finally want to go through the equity transfer, confirm the tax and change registration process in advance, don't sign the agreement but can't pass the account, dragging things that could have been solved quickly into a seesaw.