* * * Same as property appraisal.
(1) salary and bonus. Here, "salary and bonus" should be broadly understood, generally referring to wage income. At present, the basic salary of employees in China is only a part of personal income. In addition to the basic salary, there are various forms of subsidies, bonuses and benefits. There is even a certain range of physical distribution. These * * * isomorphic employees' personal income. Of course, in some modern enterprises or foreign-funded enterprises, there are also a certain proportion of high wages and benefits.
(2) Income from production and operation. If wages and bonuses belong to the labor income of husband and wife, then the income from production and operation includes both labor income and a large amount of capital income. The "income from production and operation" here includes not only the income from farmers' production and labor, but also the income from production and operation in industries such as industry, service industry and information industry. With the development of market economy, more and more people buy and sell stocks and bonds, invest in companies and enterprises, and many people rely on their own capital or raise funds to set up companies and enterprises. These people become owners of a large amount of capital and have rich operating income. These operating incomes also belong to the joint property of husband and wife.
One party's operating income, such as stock, equity or even the division of the whole company, enterprise and property, is difficult to handle because it involves the relationship between civil code, company law and securities law. This requires accumulating experience in social practice and judicial practice. Some courts in the trial of such cases, the solution is:
On the issue of property division, involving stocks, shares, equity or companies and enterprises. It does not violate the company law to compensate at a discount or transfer half of the shares or equity.
Specific practices:
(1) The stock is mainly divided directly to avoid troubles caused by stock valuation or discount. However, if both parties agree through consultation, the shares shall be divided according to the way that one holder gives preferential treatment to the other.
(2) If the shares or equity are approved by other shareholders of the company and the transferee meets the requirements of shareholders stipulated in the articles of association, the shares or equity shall be divided by directly transferring half of the shares and equity; Otherwise, the equity shall be handled by the original holder, and the party who obtains the equity shall compensate the other party according to the equity value, which shall be determined by the divorced parties through negotiation as much as possible. If negotiation fails, it is generally determined by the net assets per share of the company to which the equity belongs in the current year.