Standard of capital contribution mode for partners to invest in a partnership enterprise Article 2 of the Partnership Enterprise Law The term "partnership enterprise" as mentioned in this Law refers to ordinary partnership enterprises and limited partnership enterprises established in China by natural persons, legal persons and other organizations in accordance with this Law. A general partnership consists of general partners, who are jointly and severally liable for the debts of the partnership. Where this Law has special provisions on the liability form of general partners, such provisions shall prevail. Limited partnership consists of general partner and limited partner. The general partner shall be jointly and severally liable for the debts of the partnership, and the limited partner shall be liable for the debts of the partnership to the extent of the capital contribution subscribed. Article 16 of the Partnership Enterprise Law: Partners may contribute their capital in cash, in kind, intellectual property rights, land use rights or other property rights, or they may contribute their capital in labor services. Where a partner contributes capital in kind, intellectual property rights, land use rights or other property rights, it may be determined by all partners through consultation, or it may be entrusted by all partners to a statutory appraisal agency for appraisal. Where the partners contribute capital by labor services, the evaluation method shall be determined by all partners through consultation and agreed in the partnership agreement. Article 64 of the Partnership Enterprise Law, a limited partner may contribute capital in cash, in kind, intellectual property rights, land use rights or other property rights. A limited partner may not contribute capital with labor services. Partners shall fulfill their capital contribution obligations according to the mode, amount and time limit of capital contribution agreed in the partnership agreement. The contribution actually made by each partner in accordance with the partnership agreement is the contribution to the partnership enterprise. Partners may contribute capital in cash, in kind, land use rights, intellectual property rights or other property rights; Moreover, its capital contribution shall be the legal property and property rights of the partners. Where the capital contribution other than currency needs to be appraised, it can be determined through consultation by all partners, or it can be appraised by a statutory appraisal institution entrusted by all partners. With the unanimous consent of all the partners, the partners may also contribute capital with labor services, and the evaluation method shall be determined by all the partners through consultation. Investors must have full ownership of the invested assets, and there is no mortgage or seizure. I hope that through the above contents, you can have a deeper understanding of the relevant information about the investment methods of partners investing in partnership enterprises. If your situation is complicated, this website also provides online consultation service for lawyers, and you are welcome to make legal consultation.
Legal objectivity:
Article 5 of the Partnership Enterprise Law shall follow the principles of voluntariness, equality, fairness, honesty and credibility when concluding a partnership agreement and establishing a partnership enterprise.