情侣创业散伙之后怎么分股权,这个在我们的民法典婚姻家庭编,给了最新的司法解释,我们现在有很多人呐,两个人在一起多年,但是就是不领证,甚至现在还流行只办婚礼不领证,婚礼可以办,酒席也可以吃,完成双方家长的愿望,对亲友宣称我们俩结婚了,但是就做事不领证,那双方从法律当中不是夫妻关系,而是同同居关系,那这个时候如果两个情侣在一起开公司,股权是怎么分的呢？

　　How to divide equity after a couple starts a business and breaks up? This is explained in our Civil Code Marriage and Family Code, which provides the latest judicial interpretation. Nowadays, there are many people who have been together for many years but do not obtain a license. Even now, it is still popular to only hold weddings without obtaining a license. Weddings can be held, and banquets can be eaten to fulfill the wishes of both parents. If we declare to our relatives and friends that we are married, but do things without obtaining a license, then the legal relationship between the two parties is not husband and wife, but cohabitation. At this time, if two couples start a company together, how will the equity be divided?

　　那我们首先要看投入,比如说这一个公司,男方投入了90%,女方投入了10%，好,那这个时候双方有一天分手了,来公司分割这个资产的时候,就是90对10%,那你说宋老师,那双方除了现金投资,有没有管理投资呢,哎，我们的这一次的民法典的婚姻家庭篇,把管理股也算了进来。

　　So first we need to look at the investment. For example, in this company, the man invested 90% and the woman invested 10%. Okay, then one day when the two parties break up and come to the company to divide the assets, it will be 90% to 10%. So you can say, Teacher Song, besides cash investment, did both parties manage their investments? Hey, in our Civil Code's Marriage and Family section, management shares are also included.

　　那如果说男方和女方合伙开了一家公司,两个情侣男方投了90万,女方投了10万,但是男方在外面上班,这个店、这个公司一直是女方在经营打理,那在今后分配的时候,并不是直接按90对、十分了,可以给女方多予以分配,那具体分多少,怎么分,法律没写,靠我们举证,那我们要证明什么,那经过女方的努力,这个资产增值了多少是吧,唉，这个给我们法律留下了很多的自由裁量权,那你说到底，90%对,10%女方来干活,男方光财务投资,女方能够多分多少呢,法律没有规定怎么办呢,那因此我还是建议各位,你们双方之间签署一个叫股东协议,在股东协议当中做动态股权设计。

　　If the man and the woman jointly opened a company, with the man investing 900000 yuan and the woman investing 100000 yuan, but the man works outside and the woman has been managing the store and company, then in the future distribution, it is not directly based on 90 pairs or 10%. We can give more distribution to the woman. The specific amount and method of distribution are not specified in the law. We need to prove what we need to prove. After the woman's efforts, how much the asset has appreciated, right? Sigh, this leaves us a lot of discretion in the law. After all, 90% of the couples and 10% of the woman will work. The man only invests financially, and the woman can receive more distribution. The law does not stipulate how much. So, I suggest that you both sign a shareholder agreement and include dynamic equity design in it.

　　之前的课程当中,我们就讲到了,不管双方是什么样的关系,哪怕你们俩是如胶似漆的情侣,你们俩合伙做一个生意,你们俩合起来干一个经营,哪怕开一个网店,哪怕做一个直播店,那你们俩双方都要写一份股东协议,如果双方的付出不对等的情况下,都要做好动态股权设计,那如果这两个人是领证的,不管各方出资多少,婚后出资的都算作夫妻共同财产，一人一半,你说宋老师为什么领证和不领证区别这么大呢,领证按投资,按投入分,领证之后为什么要平均分呢,好，那我们能不能这样,你会发现一点,我们这个家庭当中,这个男生和女生结婚了,男的在外面创业,一年赚了100万,女的呢，在家里做家务,那你说双方怎么分,那男方有一天离婚的时候说,你看这100万都是我赚的,不说100万我全拿走,我拿大头,我拿70%,女方你就在家里扫地、做卫生,甚至孩子也没有生,那你是不是只分30%？行不行呢,不行,双方的劳动付出的分工不一样,那双方是一个整起,因此在法律当中,双方在领证之后,如果没有特殊的约定,都进行平均分配,这也是我们民法典,婚姻法编的重要的一个解读。

　　In the previous course, we talked about that no matter what kind of relationship the two parties have, even if you are a close knit couple, if you work together to do a business, if you work together to run a business, if you open an online store, or if you run a live streaming store, both of you need to write a shareholder agreement. If the contributions of both parties are not equal, dynamic equity design must be done well. If these two people are licensed, regardless of how much each party contributes, the contributions made after marriage will be counted as joint property of the couple, with one person contributing half. Why is there such a big difference between obtaining a license and not obtaining a license, Mr. Song? Obtaining a license is based on investment, divided by investment. After obtaining a license, why? To achieve an average score, okay, can we do this? You will find that in our family, this guy is married to a girl and started a business outside, earning one million yuan a year. And the girl, How do you divide the household chores at home? When the man divorces one day, he says, 'Look, I earned the 1 million yuan. If I don't take the 1 million yuan, I'll take it all. I'll take the big head, I'll take 70%. The woman just cleans the house, does the hygiene work, and doesn't even have a child.' So, are you only sharing 30%? Is it possible? No, the division of labor between the two parties is different, so they are a whole. Therefore, in the law, after obtaining the certificate, if there is no special agreement, both parties will be evenly distributed. This is also an important interpretation of our Civil Code and Marriage Law.

　　那所以说，如果夫妻双方想不平均分行还是不行,可以提前约定,那这个约定很多人不会写,我见过很多人是这么写的,婚后了，跟老公成立了一家公司,老公占90%,太太占10%,那请问有一天两个人离婚了,各自分多少,九、十对、十吗,不对,我刚刚讲过,一人一半算作夫妻共同财产,那很多人会怎么写呢,她说这样,如果老公要出轨了,老公要在外面有人了,我们俩离婚,女方分90%,男方分10%,甚至让他净身出户,好了,这个男的呢，也写下了这份协议,哇，女孩子很开心啊,说看看我有了保障啊,第一个他不敢,第二他要敢了,我让他净身出户,看老梁多狠,好了,那我要告诉你，写了等于什么白写。

　　So, if both husband and wife don't want to divide their income equally, they can agree in advance. Many people don't know how to write this agreement, and I have seen many people write it this way. After marriage, they established a company with their husband, with the husband accounting for 90% and the wife accounting for 10%. So, may I ask how much each person will share when they divorce one day? Nine, ten pairs, ten? No, as I just said, half of it is considered as joint property between husband and wife. So how would many people write it? She said, if the husband is going to cheat and there is someone outside, we will divorce, with the woman accounting for 90% and the man accounting for 10%, and even let him leave the house completely. Well, this man also wrote this. Agreement, wow, the girl is very happy. Let's see if I have security. First, he doesn't dare, and second, he's going to dare. I asked him to clean up and leave the house. Look how ruthless Lao Liang is. Alright, then I have to tell you, Writing is equivalent to writing in vain.

　　为什么？任何以这种离婚这种为要件的前提条件的协议,在法律当中都属于无无效条款,所以说，经常我见过有女人受骗,女人以为自己有安全感呐,我老公亲自给我写了一个保证书,我老公亲自给我写了一份协议,所以一旦他在外面有小三了,一旦在外面有事了,一旦我们俩离婚了,财产都归我有没有法律效力呢,哎，你不能这么写,所以说专业的事情还是交给专业的人来做,在公司章程当中,在股股东协议当中,在你的婚前婚内财产协议当中,如何进行表述至关重要

　　Why? Any agreement that requires divorce as a prerequisite is considered null and void in the law. Therefore, I have often seen women being deceived and thinking they have a sense of security. My husband personally wrote me a guarantee letter and an agreement. So, once he has a mistress outside, if there is anything happening outside, and if we divorce, will the property belong to me with legal effect? Ah, you can't write it that way. So, professional matters should be handled by professionals. In the company's articles of association, shareholder agreement, and pre marital property agreement, how to express it is crucial