If the technical party is not in the form of patent, can not be denominated in currency and can be transferred, then it is not the type of capital contribution recognized by the Company Law, so it is necessary to make a special agreement:
The first type: the technology provider only contributes a small amount of cash, such as 65,438+0%, but the company's articles of association and shareholders' agreement stipulate the proportion of each shareholder's shareholding, voting rights and dividend rights. Shareholders who contribute 65,438+0% can have 99% voting rights and dividend rights, which is allowed by the company law.
The second type: the cash contribution of the technical party is paid in advance by the investor and returned in the form of dividends later.
Legal basis:
Article 27 of the Company Law of People's Republic of China (PRC) stipulates that shareholders can make capital contributions in cash, or in kind, intellectual property rights, land use rights and other non-monetary property 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. Non-monetary property as capital contribution shall be evaluated and verified, and its value shall not be overestimated or underestimated. Where laws and administrative regulations provide for valuation, such provisions shall prevail.
How to determine the contribution of technology unit?
There are two important prerequisites for acquiring shares in patented technology. First, the patent has obtained the patent certificate issued by the State Patent Office, and it is still within the validity period of the patent; Secondly, the person sharing the patented technology must be the legal owner of the patent. The forms of patent technology shares include patent ownership, patent licensing right and patent application right with fixed price as shares. When sharing patented technology, we should also consider the contract terms such as the transfer of technical data and rights, the technical training and guidance of the patentee, the attribution of subsequent improvement results and the liability of each party for breach of contract.
How to confirm the shareholder's shareholding technology? For the technology that shareholders have invested in, the financial confirmation needs to be based on whether the technology has obtained a patent certificate and whether it can be measured by funds. Therefore, when you buy shares, you should make an agreement and sign the corresponding contract. Bian Xiao shared it here. Do you understand this topic? Thank you all. Bye.