1. How to deal with shareholders using patent rights to increase investment
Shareholders using patent rights To increase investment, the value of the patent rights must be evaluated, the amount of investment determined based on the evaluated value, and the patent rights must be transferred to the company's name.
"Company Law of the People's Republic of China"
Article 27 [Method of Capital Contribution] Shareholders may make monetary contributions, or they may make capital contributions in kind, intellectual property rights, land use rights and other non-monetary properties that can be valued in currency and transferred in accordance with the law; however, properties that are not allowed to be used as capital contributions according to laws and administrative regulations are excluded.
Non-monetary property used as capital contribution shall be evaluated and valued, and the property shall be verified, and shall not be overvalued or undervalued. If laws and administrative regulations have provisions on valuation and valuation, those provisions shall prevail.
Article 28 [Capital Contribution Obligations] Shareholders shall pay in full and on time the amount of capital contribution stipulated in the company's articles of association. If a shareholder contributes capital in currency, the full amount of the monetary contribution shall be deposited into the limited liability company's bank account; if the shareholder contributes capital in non-monetary property, the transfer procedures for its property rights shall be completed in accordance with the law.
If a shareholder fails to pay capital contributions in accordance with the provisions of the preceding paragraph, in addition to paying the company in full, he shall also bear liability for breach of contract to shareholders who have paid capital contributions in full on time. .
2. What are the methods of increasing capital of a company
The main ways to increase capital include increasing par value, increasing capital contribution, issuing new shares or debt-for-equity swaps.
1. Increase the face value. Increasing the par value means that the company increases the amount per share without changing the total number of original shares. passThis method can achieve the purpose of increasing capital.
2. Increase investment. If a limited liability company needs to increase its capital, it can increase its capital contribution in proportion to the capital contribution of the original shareholders, or it can invite others other than the original shareholders to contribute capital. If the original shareholders subscribe for capital, they can pay additional shares, or they can convert capital reserve funds or retained dividends to be capital contributions.
3. Issue new shares. A joint stock company can increase its shares by issuing new shares. The issuance of new shares refers to the issuance of new shares by a company to expand capital needs.
4. Debt-for-equity swap. A joint stock company can also increase the number of shares by converting convertible corporate bonds into company shares. A convertible corporate bond is a bond that can be converted into company stock. If the bond is converted into company shares, the liability is eliminated and the company's equity is increased.
Through the above analysis, we know that according to the provisions of the "Company Law", if a company increases its registered capital and shareholders contribute capital with patent rights, the value of the patent rights must be evaluated. The amount of investment is determined based on the value of the patent rights, and the patent rights must be transferred to the company's name. If you need legal help, readers can go to the Legal Savior Network for consultation.
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