(1) Mode of contribution in cash. The way of monetary contribution refers to the way that shareholders directly invest in the company with funds. Where a shareholder directly invests in a company in cash, he shall pay the subscribed capital contribution in a temporary account opened by a limited liability company in a bank or other financial institution before the company is registered.
(2) Investment in kind. The investment in kind means that the shareholders' investment in the company is in kind, which constitutes the main body of the company's assets. Physical objects must be buildings, equipment, raw materials or other materials necessary for the company's production and operation, and materials not needed for the company's production and operation activities shall not be shared in the company as physical objects. According to the provisions of the Company Law, if the investment is made in kind, the legal procedures for property transfer shall be handled at the relevant departments. For in-kind donations, the property must be appraised and verified, and the appraisal shall not be overestimated or underestimated. State administrative institutions, social organizations and enterprises that make contributions in kind with state-owned assets shall be verified and confirmed by the state-owned assets management department. Where a shareholder makes a contribution in kind at a fixed price, it shall go through the transfer formalities of the contribution in kind at the time of company registration and be verified by the corresponding capital verification institution.
(3) Industrial property investment mode. Industrial property (including non-patented technology) is an intangible intellectual asset, which is different from tangible assets and is a right to use. Investment with industrial property rights can be roughly divided into two categories: one is patent right and trademark right, and the other is proprietary technology, which refers to manufacturing technology, material formula and management secrets. Shareholders invest in the company with industrial property rights (including non-patented technology) as capital contribution. Shareholders must be the legal owners of industrial property rights (including non-patented technologies) and confirmed by legal procedures. When shareholders use industrial property rights (including non-patented technology) as their capital contribution, they must evaluate the industrial property rights and non-patented technology, and shall not overestimate or underestimate the price, and shall go through the transfer procedures before the company goes through the registration. China's "Company Law" stipulates that the amount of capital contribution made by shareholders with industrial property rights (including non-patented technology) shall not exceed 20% of the registered capital of a limited liability company.
(4) The mode of land use right investment. In China, according to the law, land belongs to the state and the collective. Shareholders can only buy shares with the right to use the land. According to the Interim Provisions on the Management of Land Assets of Joint-stock Pilot Enterprises, joint-stock enterprises that use the land of collective enterprises must hold the approval document of the competent department responsible for examining and approving the establishment of joint-stock enterprises, and be requisitioned by the state according to the provisions on land requisition for national construction, converted into joint-stock enterprises according to law, or invested by the state. The price of land use right shall be assessed by the land administration department of the people's government at or above the county level and reported to the people's government at or above the county level for review, which shall be regarded as the approved amount of land assets. Shareholders who contribute to the land use right must hold a new state-owned land use certificate issued by the land management department. After the establishment of the company, the shareholders handed over the state-owned land use certificate to the company, and the company applied to the land management department of the local people's government for changing the land registration.
Shareholders' capital contribution refers to the fact that shareholders (including promoters and subscribers) deliver property or perform other payment obligations to the company in accordance with the agreement and the provisions of laws and articles of association in order to obtain shares or equity. China's "Company Law" recognizes that there are two ways of shareholder's contribution: monetary contribution and non-monetary property contribution, which are divided into: 1. Money. The currency mentioned here usually refers to the legal tender of our country, that is, RMB. If one of the shareholders is a foreign investor, it can also contribute in foreign currency. 2. Generally speaking, the physical shareholders should meet the following two conditions: First, the physical objects are originally owned by shareholders. Second, physical investment is necessary for the company's production and operation, otherwise this kind of investment is meaningless, just adding trouble to the company's sales targets. 3. Intellectual property intellectual property rights include copyright and industrial property rights. Intellectual property refers to the exclusive rights that civil subjects enjoy according to law on the fruits of intellectual labor. 4. The land use right company needs a certain place for production and business activities. Therefore, the shareholders of the company can invest in the land use right at a fixed price.
To sum up, what are Bian Xiao's answers to the mode of capital contribution stipulated in the Company Law? I hope I can help you.
Legal basis:
Article 26 of the Company Law
The registered capital of a limited liability company is the capital contribution subscribed by all shareholders registered in the company registration authority.
Where laws, administrative regulations and decisions of the State Council have other provisions on the paid-in registered capital and the minimum registered capital of a limited liability company, those provisions shall prevail.
Article 27
Shareholders can make capital contributions in currency, or in kind, intellectual property rights, land use rights and other non-monetary properties that can be valued in currency and transferred according to law; However, except for the property that cannot be used as capital contribution as stipulated by laws and administrative regulations.
Non-monetary property as capital contribution shall be evaluated and verified, and its value shall not be overestimated or underestimated. Where there are provisions in laws and administrative regulations on evaluation and pricing, those provisions shall prevail.