Legal analysis: Non-patented technology, also known as proprietary technology, refers to a certain product or a certain process that has not yet been disclosed and obtained legal protection of industrial property rights, as well as its design, process flow, formula, quality control and management. technical knowledge. The company laws of various countries recognize shareholders' investment in non-patented technologies, and our country's company law has also confirmed this in an abstract and general form. Non-patented technology that meets the requirements of my country's Company Law as non-monetary property contributed by shareholders must meet two major conditions: evaluability. That is, the property used for investment not only has property value, but this value can be determined and evaluated in currency; transferability. The amount of capital contribution shall not exceed 70% of the registered capital of the limited liability company. After completing the property rights registration procedures in accordance with the law, the company enjoys ownership of the technology.
Legal basis: "Company Law of the People's Republic of China" Article 27 Shareholders can contribute capital in currency, or in kind, intellectual property rights, land use rights, etc. They can be valued in currency and can Non-monetary property transferred in accordance with the law shall be used as capital contribution; however, property that cannot be used as capital contribution according to laws and administrative regulations shall be excluded.
"Law of the People's Republic of China on Sino-Foreign Cooperative Enterprises" Article 8 The investment or cooperation conditions provided by Chinese and foreign partners may be cash, physical objects, land use rights, industrial property rights, non-patented technology and other property rights.
"Company Registered Capital Registration and Management Regulations" Article 8 Shareholders or promoters may contribute capital in currency, or in kind, intellectual property rights, land use rights and other non-monetary assets that can be valued in currency and transferred in accordance with the law. Property valuation contribution. If shareholders or promoters contribute capital with property other than currency, physical objects, intellectual property rights, or land use rights, they must comply with the relevant regulations formulated by the State Administration for Industry and Commerce in conjunction with relevant departments of the State Council.