On The Legal Problems Of Non - Monetary Property Contribution

Contribution is the shareholders based on shareholder status, the negative for the realization of the company business objectives of the company payment obligations, it is not only the premise of subscribers who obtain the shareholder qualification, enjoy the rights of shareholders, but also the basis for the formation of company capital. The shareholder may use cash to fulfill the obligation of capital contribution, and in kind, intellectual property rights, labor and other forms of investment, such as physical capital contribution method. It with cash as related to the company capital is sufficient and reliable, and has the cash and incomparable advantages to encourage investment and optimize the allocation and effective use of resources.China’s "company law" investment given the full affirmation of the physical contribution, in the provisions of which is the great progress and improve, but there are still shortcomings and defects, such as the relevant provisions are too principle and empty, not only makes the operation is limited, and it is easy to cause ambiguity, there is also some legal gaps and holes, it is difficult to adapt to the rapid development of society and economy, need to be improved and perfected. At the same time, the relevant system and theory of company law is mainly concentrated in the company after the establishment of the theory circle of our country for a long time, the company capital system especially physical contribution system like no other system full attention. Therefore, the investment in our country is not a new problem, but some legal problems or are worth studying, in order to provide the relevant legislation and judicial practice is more sufficient theoretical support, promote the continuous improvement of the system of physical capital.With the above analysis, this paper studies the applicability of the physical contribution, requiring special attention in determining the value of the assets, transfer of ownership and risk burden and the civil liability of legal issues, so that people on the investment of property now have a more full understanding, more important is to provide theoretical support and legislative proposals Chinese physical contribution system improvement and development, to the healthy and orderly development of the physical contribution.