1, currency use rights, physical objects, intellectual property rights, etc. Labor services and commercial franchise rights cannot be used for capital contribution;
2. According to the relevant laws and regulations, if the capital contribution is made in a non-monetary way, the price shall be assessed and the risk shall not be overestimated.
The establishment of a joint stock limited company shall meet the following six conditions:
1. The sponsors meet the quorum. The establishment of a joint stock limited company must have sponsors, who can be natural persons or legal persons. The number of promoters is more than 2 and less than 200, and more than half of the promoters have residences in China. When a state-owned enterprise is transformed into a joint stock limited company, it shall be established by way of offering.
2. The share capital subscribed by the promoters and publicly raised by the society reaches the minimum statutory capital.
3. The issuance and preparation of shares are in compliance with the law.
4. The promoters shall formulate articles of association, which shall be adopted by the founding meeting.
5. Have a company name and establish an organization that meets the requirements of a joint stock limited company. The organization of a joint stock limited company consists of shareholders' meeting, board of directors, manager and board of supervisors.
6. Having a fixed production and business operation place and necessary production and business operation conditions.
To sum up, shareholder's 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.
Legal basis:
Article 27 of the Company Law of People's Republic of China (PRC)
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.
Article 28
Shareholders shall pay their respective subscribed capital contributions in full and on time in accordance with the Articles of Association. Where the shareholders make capital contributions in cash, they shall deposit their capital contributions in full into the account opened by the limited liability company in the bank; Where non-monetary property is used as capital contribution, the formalities for the transfer of property rights shall be handled according to law.
Where a shareholder fails to pay the capital contribution in accordance with the provisions of the preceding paragraph, he shall be liable for breach of contract to the shareholder who has paid the capital contribution in full and on time.