? What are the criteria for whether the capital contribution is in place? First, monetary investment, monetary investment is the most common form, that is, taking real money and silver. In order to set up a company, shareholders usually open a temporary account in the bank. Investors only need to remit the money to the designated temporary account according to the agreed amount and time, which is regarded as the performance of investment obligations. Second, investment in kind, that is, shareholders can use investment in kind that can be evaluated and transferred according to law, if there is no need to go through the formalities of property right transfer, such as those machines and equipment.
? As long as the assets are transferred to the company, even if the investment is completed, if the investment is in kind, such as houses and vehicles, which need to be transferred, the investment can be regarded as fulfilled after the change registration is completed and delivered to the company for use.
? Third, the right to use land, our country's laws make it clear that only by transferring the right to use state-owned land can there be capital contribution. If there is no set right burden to the company's name in the capital contribution of land use right, it will be regarded as fulfilling the obligation of capital contribution. What does it mean that there is no set right burden? Refers to the land use right that has not been mortgaged, pledged or allocated,
Intellectual property belongs to intangible assets, and the trademark right or patent right can be registered in the name of the company by going through the formalities of property right transfer. Technology that has not been patented is actually a kind of ability and cannot be used for capital contribution?
Fifth, creditor's rights refer to the creditor's rights of shareholders to the third company, and the company enjoys the original creditor's rights instead of shareholders. But there is a premise that this creditor's right can be realized, and the creditor's right to the company is transferred to lease, which is usually called share conversion.
6. Equity means that shareholders use the equity of one company to invest in another company as capital contribution. Because of the company's development trend and equity value, it is also dynamic, that is, it needs to carry out asset evaluation and financial audit on the company. Only when the legal conditions for equity transfer are met can the capital contribution be regarded as in place.