1. Can the partners use labor services as their capital contribution 1. After all partners reach an agreement through consultation, the general partner may use labor services as capital contribution. 2. As for who can contribute to provide labor services and how to quantify the special skills of the partners who contribute to provide labor services, the law has not made specific provisions, but it is determined by the partners themselves through consultation. However, a limited partner may not contribute with labor services. 3. Mode of contribution of the general partner (1) Currency: The currency used by the partner for contribution shall be the partner's own funds or the funds managed and controlled by the partner. (2) Physical objects: tangible property other than various currencies required for the production and operation of enterprises. 1. The objects contributed by the partners must be their own or objects that can be completely controlled by them during the operation of the partnership. 2. Generally, the property that cannot be completely controlled, the objects that have been mortgaged, and the objects that are leased to others for a short period of time should not be regarded as physical investments. (3) Intellectual property rights: mainly including trademark rights, patents (including invention patents, utility model patents and design patents), copyrights (copyrights) and technical secrets. (4) Land use right: If a partner contributes capital by land use right, he must contribute capital at a fixed price, and go through the formalities for transferring the land use right according to law. (V) Labor service: If the partners contribute their capital by labor service, the evaluation method shall be determined by all partners through consultation and agreed in the partnership agreement. (six) other ways of capital contribution. 2. What is the difference between a partnership and a limited liability company? (1) According to the foundation and characteristics of its establishment, a partnership enterprise is a general partnership enterprise and a limited partnership enterprise established in China according to relevant laws and regulations, which is generally unconditional. Its characteristic is that the partnership agreement is the legal basis for the establishment of a partnership enterprise. A partnership needs to be a business organization composed of two or more people. Partners must * * * jointly contribute capital, * * * jointly operate, * * * assume sole responsibility for profits and losses, * * * take risks, and * * * jointly engage in business activities in order to share the operating income. A limited liability company refers to an economic organization that is jointly funded by more than two shareholders and less than fifty shareholders and registered in accordance with relevant laws and regulations. Each shareholder shall bear limited liability to the company with the amount of capital contribution subscribed by him, and the company shall bear liability for its debts with all its assets. Limited liability companies include wholly state-owned companies and other limited liability companies. It is characterized in that a limited liability company has the qualification of a legal person, and the legal person is the main body of social organization and collection. (2) Judging from the conditions for establishment, 1. Requirements for the number of investors: According to the provisions of the Partnership Enterprise Law, a partnership enterprise shall be established by two or more partners, and a limited partnership enterprise shall be established by two or more partners, with less than 50 partners; Limited liability company According to the Company Law, if the number of shareholders is less than 50, a limited liability company shall be established. 2. Capital contribution requirements: According to the provisions of the Partnership Enterprise Law, partners can make capital contributions in cash, in kind, intellectual property rights, land use rights or other property rights, or they can also make capital contributions in labor services. However, a limited partner in a limited partnership enterprise cannot contribute with labor services; According to the Company Law, the shareholders of a limited liability company can make capital contributions in cash, or they can make capital contributions 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. Compared with the shareholders of a limited liability company, the partners of a partnership enterprise are more flexible in the way of capital contribution, which is manifested in the fact that the general partners can contribute to provide services.
Legal objectivity:
Article 16 of the Law of People's Republic of China (PRC) on Partnership Enterprises * * * 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 of People's Republic of China (PRC) * * * Limited partners may make capital contributions in cash, in kind, intellectual property rights, land use rights or other property rights. A limited partner may not contribute capital with labor services.