Regulations on technology shareholding

Legal analysis: non-monetary investment needs to have two characteristics: first, it can be valued in money; Second, it can be transferred according to law. In our country's law, if the shareholders of a partnership or company contribute capital by technology, the requirements for technology are: it can be valued in money and can be transferred according to law. Examples of technical objects are: "Intellectual property rights (including inventions, utility models, designs, trademarks, etc.). ), excluding proprietary technology ",and the technology involving foreign capital is defined as" industrial property rights, proprietary technology (non-patented technology), including proprietary technology ".

Legal basis: Article 27 of the Company Law of People's Republic of China (PRC), 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. 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.

Article 28 Shareholders shall pay their respective subscribed capital contributions in full and on time in accordance with the Articles of Association. Where shareholders make capital contributions in cash, they shall deposit their capital contributions in full into the account opened by the limited liability company in the bank; Where non-monetary property is used as capital contribution, the formalities for the transfer of property rights shall be handled according to law. Where a shareholder fails to pay the capital contribution in accordance with the provisions of the preceding paragraph, he shall be liable for breach of contract to the shareholder who has paid the capital contribution in full and on time.

Article 14 of the Regulations of the People's Republic of China on the Administration of Company Registration conforms to the provisions of Article 27 of the Company Law. However, shareholders may not make capital contribution at a fixed price by means of labor service, credit, natural person's name, goodwill, franchise or secured property.