2、股东的婚姻问题引起的上市公司股权分割或股权变动
最近五年,是中国资本市场快速发展的五年。政府不断改革出新,让人充满期待。从国内的证券市场来看,在主板上,每年因股东离婚而发布的股权变动公告以及公开的诉讼争议的案例都不在少数,并呈上升的趋势。争议主要集中在公司的主要股东的婚姻问题引起的上市公司股权分割或股权变动。当然,其中也不乏因为离婚直接影响公司上市或重组的案例。
The Chinese capital market has been developing rapidly in recent five years. The Chinese Government is taking steps for reform and innovation and more reforms and innovations are expected to come out in the following years.. In the Main Board of domestic securities market, cases of litigation and shares transfer disputes caused by shareholders’ divorces increase yearly. Most of disputes focus on division of shares or share transfer of listed companies caused by marriage troubles of main shareholders. Among which, some cases indicate that the company listing arrangements or corporate restructuring have been directly adversely affected due to divorce of the shareholders of such company..
相比于主板,中小板上市公司曝出离婚纠纷的案件更多一些。主要原因在于中小板上市公司民营企业的比例更高一些,自然人直接持股的结构占多数。不过,在中小板已经上市的公司股东面临离婚问题后,很多是通过协议的方式达成离婚股权分割合议的,这对于公司来说,影响相对较小。
Compared with the Main Board Market, more divorce cases involvingshareholders of listed companies in SME Board Market were exposed to the public. The main reason is that there are more private enterprises in SME Board Market and most shareholders are natural person who keep the share directly. However, shareholders who face divorce issues are likely to dissolve division of shares by negotiation. It is the best way to dissolve divorce disputes of shareholders with less effect on the company.
创业板的地位,是仅次于主板市场的二板证券市场。创业板企业在上市门槛、监管制度、信息披露、交易者条件、投资风险等方面和主板市场有一些区别。随着创业板的蓬勃发展,越来越多的新型企业在创业板上市,其中不乏存在大股东离婚隐患的案例。同时,因为创业板的市盈率较高,因此往往股东的离婚案件的标的巨大。
Growth Enterprises Market ranks only second to Main Board in domestic securities market and it is different from Main Board in threshold of listing, supervisory system, information disclosure, conditions of traders, investment risk, etc. With Growth Enterprises Market booming, increasing new-type enterprises are listed in Growth Enterprises Market. Consequently, there are hidden troubles of divorce case in shareholders. Furthermore, the value of the shares involved in that case is huge based on the high PE ratio in Growth Enterprises Market.
以上内容,转自贾明军律师的博客
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