According to the provisions of China's new Company Law: "Shareholders can contribute in cash, or they can contribute 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 property that cannot be used as capital contribution according to laws and administrative regulations. " According to this regulation, when a company is established, intellectual property rights can be invested at a fixed price. So what problems should we pay attention to in intellectual property pricing? What problems should be paid attention to when setting up a company with intellectual property rights? 1. Needs assessment. According to the provisions of the new Company Law: "Non-monetary property as capital contribution shall be evaluated and verified, and the evaluation value shall not be overestimated or underestimated." Although cash investment does not require capital verification at present, it still needs to be evaluated if intellectual property rights are used. For the value of intellectual property, it is not enough for shareholders to reach an agreement, and the value should be determined according to the evaluation report of the evaluation agency. 2. Evaluation agency. To evaluate intellectual property rights, you don't have to look for any evaluation agency. According to the Notice of the Ministry of Finance and China National Intellectual Property Administration on Strengthening the Management of Intellectual Property Assets Appraisal, "Intellectual property appraisal shall be entrusted to an asset appraisal institution approved by the financial department according to law." Therefore, when entrusting an evaluation agency to evaluate intellectual property rights, we should pay attention to the qualification of the evaluation agency. 3. Specific rights that can be contributed. Trademarks, patents and copyrights can all be funded at a fixed price. The goodwill and franchise rights of enterprises are sometimes considered to belong to the scope of intellectual property rights, but according to the law, they cannot invest at a fixed price. 4. The company's existing intellectual property rights can't increase capital for itself. Some companies have intellectual property rights such as trademarks and patents, and they are very valuable, so they want to evaluate the value of these trademarks and patents and increase their capital. This is not allowed. Intellectual property owned by a company is not the assets of shareholders. There is also capital contribution and capital increase, which refers to shareholder's capital contribution or capital increase, not the enterprise's own capital contribution and capital increase. Therefore, no matter how valuable the intellectual property rights of enterprises are, it is impossible to increase their own capital. Tip: Limited by space, Bian Xiao only discussed some situations and problems that should be paid attention to in the process of establishing a company by using intellectual property rights. Intellectual property investment involves many details. If you don't understand anything, you should consult a professional lawyer, listen to his opinions, and hire a lawyer to handle related matters if necessary.
Legal objectivity:
Article 27 of the Company Law: Shareholders may 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 there are provisions in laws and administrative regulations on evaluation and pricing, those provisions shall prevail.