CRITERIA AND CONDITIONS FOR THE DIVISION OF A SHARE IN AN LLC AS JOINTLY ACQUIRED PROPERTY OF THE SPOUSES IN KIND

The article discusses the theoretical and practical aspect of dividing a share in a limited liability company (LLC) as jointly acquired property of spouses. The authors note that a share in an LLC is a complex object, the negotiability of which largely depends on the provisions of the company’s charter. The article points out the need for a comprehensive consideration of the issue of ownership of a share when dividing jointly acquired property. The purpose of the study is to identify the principles of dividing a share included in the joint property of spouses in kind for joining a company. A share in an LLC is presented as a set of corporate rights belonging to a spouse — participant of a business company, in connection with which it is necessary to determine whether the payment of compensation to the second spouse can be considered as a fair equivalent of the division of the share in kind. Particular attention is paid to the issues of determining the actual value of a share when dividing property of spouses and taking into account the interests of all parties, including other participants in the company, when resolving disputes about the division of shares in an LLC. As a result of the study, it is concluded that it is necessary to legally classify property rights arising from participation in legal entities as a type of jointly acquired property. Thus, the article summarizes the complex legal situation associated with the division of shares in an LLC in a divorce, emphasizing the importance of taking into account both family legislation and the specifics of legal regulation of transactions with shares provided for by the LLC law for the effective resolution of disputes in this area.

share in an LLC as jointly acquired property, division of LLC shares, legal regime of LLC shares, spousal share, LLC rights when dividing shares between spouses, the basis for the emergence of common joint ownership of a share in the LLC, division of jointly acquired property of spouses, alienation of shares in LLC, transactions with LLC shares, preemptive rights of LLC participants, turnover capacity of LLC shares

Romashkova I. I., Khvatova M. A. Criteria and conditions for the division of a share in an LLC as jointly acquired property of the spouses in kind. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2024;3(68):278—283. DOI: 10.25683/ VOLBI.2024.68.1097.