If you know which securities firm the other party has opened, the lawyer can directly apply for a court investigation order, or directly apply to the court to investigate the securities company, find a capital statement printed with stock transactions, or directly go to the account-opening bank to print the stock transaction pair Bills.
At present, China Securities Depository and Clearing Corporation has two branches in Shanghai and Shenzhen. Among them, the current address of the Shanghai branch is at Lujiazui Insurance Building, Pudong, Shanghai, where you can find all the stocks of the Shanghai stock market. Trading Information.
If you don’t know which securities company the other party has opened, it doesn’t matter, as long as you know the other party’s ID number, it’s enough Yes, it’s just a bit more troublesome. After knowing the other party’s ID number, the lawyer applied to the court for an investigation order, or applied to the court to go directly to China Securities Shanghai Clearing Company or China Securities Shenzhen Clearing Company to investigate the other party’s stock transaction details. Through these two companies, you can check all the other's stock transaction records, but if you want to check the other's capital account, you also need to find out the other's securities company in the two companies, and apply to the court again for an investigation order or The application court goes directly to the securities company that opened the account to investigate the fund statement. Finally, check the stock market value and capital account balance in the counterparty's account.
Lawyers should note that, generally speaking, it is impossible for China Securities Clearing Corporation to provide false evidence, and the evidence it provides should be accurate. However, in practice, we have encountered cases where securities companies cheated. In 2003, when we handled a divorce case in Xuhui District, Shanghai, a securities company gave false evidence and provided our client with a falsified statement. After checking with the securities settlement company’s stock transaction statement, the problem was discovered. The client reported to the China Securities Regulatory Commission and the securities company's headquarters before it was corrected. Therefore, if the case is serious and the amount involved is high, it is best to carefully verify the stock transaction statement and account funds reconciliation, especially for large speculators, this is a very important task.
2. Fund balance, that is, the amount of fund balance in the fund account on which the stock account is to be checked.
The lawyer should note that when calculating the total stock account that the other party should divide, the total market value of the current stock and the amount in the current capital account should be added together to get the value of the stock that should be divided. For example, after investigation, the husband had a total of 12 stocks in the stock market after his marriage. Until the time of printing the statement, the total market value of the 12 stocks was 330,000 yuan; and there were still 20,000 yuan in cash in the capital account. The total amount of funds should be 330,000 plus 20,000 or 350,000.
Lawyers should note that due to the uncertainty of the market value represented by the stock, it cannot use its par value as the basis for calculation, and the parties can negotiate the market price. If the negotiation fails, the court may determine a point in time for the division and determine the stock price at this point in time as the basis for determining the stock price and the division. Since stocks need to be listed and traded before their value and division can be realized, the court will generally adopt the method of deciding who owns the stocks under whose name and the other party to take the consideration, instead of adopting rigid methods. It is the common practice of the court to decide that each party owns half of the shares.
How do lawyers write an investigation order application form
In order to hear cases fairly, save litigation costs, and shorten the trial period, some areas have implemented an investigation order system. Such as the Shanghai area. That is, the lawyer representing the case can apply to the court to investigate and collect evidence with an investigation order, and relevant units and individuals must cooperate. Attached is the application for investigation order.
The subject who has the right to collect evidence with an investigation order is currently a lawyer in Shanghai, and generally requires two lawyers to conduct the investigation together and provide the court with a copy of the lawyer’s practice certificate for the lawyer.
The content of the stock account information inquiry by the lawyer
Inquiring the stock situation, it is generally necessary to understand the stock transaction situation and the capital in and out of the inquired person at the same time. General stock speculators will open a capital in a bankFor gold accounts, if you need to invest funds in the stock market, you will transfer cash or inject funds into the account through the counter. If you need to buy a certain stock, you will order to use the money in the capital account to buy. In this way, the money in the fund account is reduced, but at the same time you will have stocks. If you sell a certain stock, after the transaction is completed, the money from the sale will continue to be injected into the capital account. At this time, the number of stocks owned by the stock speculator decreases but the amount of funds in the capital account increases. If the parties want to withdraw cash, they can transfer or withdraw the funds in the fund account through the bank.