According to 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. The monetary contribution of all shareholders shall not be less than 30% of the registered capital of a limited liability company. The so-called technology shares refer to the shares formed by shareholders with their own patented technology and non-patented technology at a fixed price rather than monetary investment. If the investment is made in kind, industrial property rights, non-patented technology or land use rights, the transfer procedures of its property rights shall be handled according to law. Where technological achievements are used as property, the shareholders must be the legal owners of the industrial property rights (including non-patented technologies) and confirmed by legal procedures. Shareholders who contribute their capital at a fixed price with industrial property rights (including non-patented technology) must make an evaluation and go through the transfer formalities before going through the company registration. At the same time, the "Company Law" stipulates that the investment amount of industrial property rights shall not exceed 20% of the registered capital of a limited liability company; Shareholders are not allowed to contribute their capital at a fixed price by labor service, credit, natural person's name, goodwill, franchise or secured property.
The company, as a shareholder, shares in non-patented technology, which is not prohibited by law. Generally speaking, non-patented technology, also known as proprietary technology, refers to all kinds of technologies and experiences with practical value, such as design drawings, materials, data, technical specifications, technological processes, material formulas, management systems and methods, which are not disclosed or patented, but are adopted in production and business activities and are not protected by law.
The non-patented technology owned by shareholders, when registered with the administrative department for industry and commerce, indicates that after the shareholders contribute their capital with non-patented technology, the equity owned by shareholders becomes one of the components of the company's assets. This technology has been transformed into the company's assets, and has been transformed into productivity in the company's production and operation process. When shareholders transfer their shares, these non-patented technologies remain in the company. When shareholders transfer their own shares, technology shares become shareholders' rights and interests of the company. Therefore, the technology unit can be transferred.