First: the contribution of land is the contribution of the right to use. In China, only the state and collective organizations can become the main body of land ownership. No enterprise or company owns this land. The right that an enterprise or company enjoys to land is the right to use it. Therefore, when enterprises invest in land, the object of investment is the right to use the land rather than the ownership of the land;
Second: the land use right invested can only be the state-owned land use right, not the collective land use right. The capital contribution of land use right is essentially that the investor transfers the land use right to the company;
Third: the land use right for capital contribution can only be transferred, but not allocated. Land use right investment is a profit-making investment behavior of land users, which can only be funded by paid transfer of land use right, and the allocated land use right can only be used by the original users themselves, and no foreign investment is allowed;
Fourth, there is no right to bear the land use right for capital contribution. If the capital contribution is made with the land use right with defective rights, the capital contribution of investors or shareholders will become untrue, which violates the principle of capital verification determined by the Company Law, thus damaging the interests of other investors and creditors of the company.
Legal basis: Regulations on Expropriation and Compensation of Houses on State-owned Land Article 8 In order to safeguard national security, promote national economic and social development and other public interests, if it is really necessary to expropriate houses under any of the following circumstances, the municipal or county people's government shall make a decision on house expropriation:
(a) the needs of national defense and diplomacy;
(two) the needs of the government organization and implementation of energy, transportation, water conservancy and other infrastructure construction;
(three) the needs of public utilities such as science and technology, education, culture, health, sports, environmental and resource protection, disaster prevention and mitigation, cultural relics protection, social welfare, and municipal utilities organized and implemented by the government;
(four) the needs of the construction of affordable housing projects organized and implemented by the government;
(five) the needs of the old city reconstruction organized and implemented by the government according to the relevant provisions of the Urban and Rural Planning Law;
(six) the needs of other public interests as prescribed by laws and administrative regulations.