The Establishment Of The Company For The First Time On Non Monetary Property Investment Transfer Of Conflict Of Laws

All companies established in the company is setting up an insurmountable embryonic stage, to accept the establishment of the company is to complete the establishment of the necessary investment behavior. Modern company law in line with the purpose of investment incentives, relaxation of the property may be invested and established ranges. China’s " Company Law" in2005when changes have liberalized restrictions on shareholders’ investment mode, allowing shareholders and others can be used in monetary currency valuation and can be legally transferred to non-monetary property appraised. However, if you need the procedures for transfer of property for the first time a non-monetary contribution, because the company has not yet set up, how to handle the transfer procedures become a problem."Company Law" to encourage investment in the value of choice and property registration and the legal system is not complete, resulting in a conflict of laws. Theory and practice of conflict resolution proposed varied, did not reach a consensus. This paper compares the various solutions, and set forth the fundamental way to solve this problem is to give legal certainty to meet certain conditions for the establishment of corporate legal personality.Text is divided into five parts:The first part is the introduction of the first patents funded partly by the company leads to bottlenecks encountered legal problems, analyze the purpose of studying the issue, meaning, explained the research methods.The second part discusses the encouraging non-monetary property investment company established the legitimacy of non-monetary assets and funded the establishment of the company arising from the first conflict of laws. This section of the Companies Law, to non-monetary assets contributed to the evolution of the system by, in monetary and non-monetary property investment for the establishment of the company’s role in comparison to the weft, from the concept of non-monetary property investment characteristics, analyzes the non-monetary property investment the transfer of property rights in two ways, namely autonomous way transfer of property rights and public-force type property transfer mode; illustrates funded non-monetary assets for the first time in encouraging investment, reduce costs and enhance the company set up its core competitiveness advantage. In a clear non-monetary property investment, after the establishment of the company’s legitimacy, revealing the practice of non-monetary assets funded the establishment of the company for the first time, because of the establishment of the company does not have legal personality, can not apply for registered investment property arising from conflict of laws, analysis of the causes of the conflict of laws.The third part combing the jurisprudence of substantive departments and non-monetary assets proposed to solve the first seven programs funded conflict of laws, that only gives the company set up in legal subject status, identify the root causes of conflict is a fundamental policy.The fourth part discusses the establishment of civil legal relations company shall be subject, can accept non-monetary property investment registrar reason. That Act as established in the Constitution can not ignore the company’s objective existence of this organization shall be clearly affirmed meet certain conditions established in the company has a legal qualification.Part V explains further the establishment of the company to obtain legal personality substantive conditions and formal requirements, put forward the name of pre-approved and registered through the establishment of the company has the qualification formal sense, the name can be approved to accept the transfer of property rights, including public force type class non-monetary assets, including, first of all types of non-monetary assets contributed; obtain permits to build up the company has a real sense of the legal qualification, fully engaged in the permit registration matters of civil legal action, and has a relatively independent responsibility ability to handle its non-monetary property investment registrar of subject identity is question of the proper meaning. Modifying the Act and formulate a unified property registration law, it should be made clear to this institutional arrangements, before this can be explained first by judicial or administrative regulations make provision.