What are the requirements for non-patented technology investment?

When a company is established, the partners of the company need to jointly contribute capital as the company's initial working capital. So what are the requirements for capital contribution under company law? Next, the editor of the Legal Savior Network has compiled some knowledge about this aspect for you. You are welcome to read it!

What are the requirements for investment in non-patented technology

Non-patented technology can be funded. According to the provisions of Article 27 of the Company Law, shareholders can make capital contributions in currency, or 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, laws and administrative regulations Exceptions are made for property that is stipulated not to be used as capital contribution.

Non-patented technology, also known as proprietary technology, refers to a certain product or a certain process as well as its design, process flow and formula that have not yet been disclosed and protected by industrial property laws. , technical knowledge in quality control and management. The company laws of various countries recognize shareholders' investment in non-patented technologies, and our country's company law has also confirmed this in an abstract and general form.

Non-patented technology meets the provisions of my country's Company Law. Non-monetary property as a shareholder's investment must meet two major conditions: evaluability. That is, the property used for investment not only has property value, but this value can be determined and evaluated in currency; transferability. After completing the property rights registration procedures in accordance with the law, the company enjoys ownership of the technology.

If investment is made with non-patented technology, in addition to submitting the materials specified in the "Company Registration Regulations" and the State Administration for Industry and Commerce, other corresponding materials should also be submitted, mainly For:

(1) All shareholders (or the highest authority) of the invested company unanimously agree to the resolution to invest in non-patented technology (this resolution is mainly used to confirm the proposed investment amount and the method of non-patented investment), the company's articles of association must specify the non-patented technology investment method, investment amount, etc.;

(2) Capital verification report, Generally, it is necessary to clearly state the method and content of the investment, explain the asset appraisal results, appraisal agency and appraisal report number, confirm the appraisal results, specify the appraisal price as the amount of investment, and the transfer of non-patented technology.

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