1. Non-patented technology, also known as proprietary technology, refers to a product or a process, as well as technical knowledge such as design, process flow, formula, quality control and management that has not been made public and obtained legal protection of industrial property rights. Including unpatented technological achievements, unpatented technological achievements and unpatented technological achievements according to the patent law, high-tech achievements are included in the category of unpatented technological achievements. All countries' company laws recognize that shareholders contribute capital with non-patented technology, and our company law also recognizes it in an abstract form.
2. According to the provisions of Article 27 of the Company Law, shareholders can make capital contributions in cash or in kind, intellectual property rights, land use rights and other non-monetary properties that can be valued in money and transferred according to law. However, except for the property that cannot be used as capital contribution as stipulated by laws and administrative regulations.
III. Non-patented technology meets the provisions of China's company law. As a shareholder of non-monetary property, it must meet two conditions:
1, evaluability. That is, the property used for capital contribution not only has property value, but also can be determined and evaluated in money.
2. Transferability. Shareholders' capital contribution should not only be delivered by shareholders to the company for its operation, but also be effectively transferred from the company to creditors when the company pays off its debts, and creditors will make effective use of their property.
Four, the contribution of high-tech achievements shall not exceed 70% of the registered capital of a limited liability company.
Five, with high-tech achievements and other non-patented technology investment, after completing the formalities of property registration according to law, the company enjoys the ownership of the technology.