First, the payment period of equity investment.
According to the Company Law, the initial contribution of all shareholders of the company shall not be less than 20% of the registered capital, nor less than the statutory minimum registered capital, and the rest shall be fully paid by shareholders within two years from the date of establishment of the company; Among them, the investment company can pay in full within five years.
When a limited liability company increases its registered capital, the contribution of the newly-increased capital subscribed by shareholders shall be implemented in accordance with the relevant provisions of this Law on the contribution of limited liability companies.
The Measures for the Administration of the Registration of Equity Contribution strictly limits the payment time of equity contribution. Details are as follows:
1. When the company is established, if the investor contributes capital by equity, the investor shall actually pay it within one year from the date of the establishment of the invested company, and the invested company shall register the change of paid-in capital.
2. When the company increases its registered capital, if the investor contributes by equity, it shall pay it before the invested company applies for registration of change of registered capital.
Second, the proportion of equity investment is limited.
The sum of all shareholders' contributions in equity and other non-monetary assets shall not be higher than 70% of the registered capital of the invested company, that is, the monetary contribution of all shareholders shall not be lower than 30% of the registered capital of the invested company.
Therefore, it is impossible for all shareholders to set up a company with equity contribution, and shareholders must make capital contribution in currency, and the capital contribution of all shareholders in currency shall not be less than 30% of the company's capital contribution.
Third, the payment method of equity contribution.
According to the provisions of the Company Law, if capital contribution is made with non-monetary property, the property right transfer formalities shall be handled according to law. Two situations of equity transfer as non-monetary property;
1. When the company is established, if the investor contributes by equity according to law, the invested company shall register the name, amount, mode and time of contribution of the investor when applying for registration of establishment. After the investor has actually paid the capital contribution, the invested company shall apply for registration of change of paid-in capital. If the invested company is a limited liability company or a joint stock limited company, it shall also apply for the change registration of the actual amount and time of investment paid by the investor.
2. If the investor actually contributes equity when increasing the registered capital of the company, the invested company shall apply for registration of change of registered capital and paid-in capital. If the invested company is a limited liability company, it shall also apply for the change registration of the name of the relevant investor, the amount and time of subscribed and paid-in capital contribution.
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