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Anonymous users2024-02-07OK. Partnerships are divided into general partnerships and limited partnerships. Partners are divided into general partners and limited partners. The general partner can contribute capital with labor services.
Paragraph 1 of Article 16 of the Partnership Enterprise Law stipulates that a partner (in this case, a general partner) may make capital contributions in money, in kind, intellectual property rights, land use rights or other property rights, and may also use labor services. Limited partners are not allowed to contribute capital with their services.
Article 64 of the Partnership Enterprise Law stipulates that limited partners may make capital contributions in money, in kind, intellectual property rights, land use rights or other property rights. Limited partners are not allowed to contribute capital with labor services.
Article 17. The partners shall fulfill their capital contribution obligations in accordance with the method, amount and payment period agreed in the partnership agreement.
Where non-monetary assets are used to make capital contributions, it is necessary to go through formalities for the transfer of property rights in accordance with the provisions of laws and administrative regulations, and it shall be handled in accordance with law.
Article 18. The partnership agreement shall specify the following matters:
1) the name of the partnership and the location of its principal place of business;
2) the purpose of the partnership and the scope of business of the partnership;
3) The names and addresses of the partners;
4) The method, amount and payment period of the partner's capital contribution;
5) Methods of profit distribution and loss sharing;
6) the execution of partnership affairs;
7) Occupation and withdrawal;
8) Dispute resolution;
9) Dissolution and liquidation of the partnership;
10) Liability for breach of contract.
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Anonymous users2024-02-06Legal analysis: The partners of a general partnership bridge or enterprise can use labor services to make capital contributions. General Partner's Capital Contribution Method:
Currency: The currency used by the partners to make capital contributions should be the funds owned by the partners themselves, or the funds under their own management and disposal. Physical:
That is, tangible property other than various currencies required for the production and operation of enterprises. 1. The physical property used by the partners to contribute capital must be their own or can be completely at their disposal during the operation of the partnership. 2. Property that cannot be fully disposed of, physical objects that have been secured for which a guarantee has been established, and physical objects that have been leased to others for a short period of time should generally not be used as in-kind contributions.
Intellectual property rights: mainly including trademark rights, patent rights (including invention patent rights, utility model patent rights and design patent rights), copyrights (copyrights), and technical secrets. Land Use Rights:
If a partner makes a capital contribution with land use rights, he or she must make a capital contribution and go through the formalities for the transfer of land use rights in accordance with the law. Labor services: If a partner makes a capital contribution with labor services, the evaluation method shall be determined by all partners through negotiation and shall be specified in the partnership agreement.
Other ways to contribute property rights.
Legal basis: Article 16 of the Partnership Enterprise Law of the People's Republic of China: Partners may make capital contributions in money, in kind, intellectual property rights, land use rights or other property rights, and may also use labor services to make capital contributions.
Where a partner makes a capital contribution in kind, intellectual property rights, land use rights or other property rights, and it is necessary to make an appraisal, it may be determined by all partners through consultation, or all partners may entrust a statutory appraisal agency to make an appraisal. If a partner makes a capital contribution through labor services, the assessment method shall be determined by all partners through consultation and shall be specified in the partnership agreement.
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Anonymous users2024-02-05Legal analysis: After the agreement of all partners, the general partner can use labor services to make capital contributions. As for the kind of person who can contribute labor services, and how to quantify the special skills of partners who contribute through labor services, the law does not make specific provisions because the vital interests of each partner are involved, and all partners are left to determine in consultation with each other.
However, limited partners are not allowed to contribute capital with their services.
Legal basis: Article 42 of the Partnership Enterprise Law of the People's Republic of China If a partner's own property is insufficient to pay off his debts unrelated to the partnership, the partner may use the proceeds from the partnership to pay off the debts; The creditor may also request the people's court to enforce the partner's share of the property in the partnership for repayment in accordance with the law.
When a people's court enforces a partner's share of property, it shall notify all partners that the other partners have the right of first refusal; If the other partners do not purchase and do not agree to transfer the share of the property to others, they shall handle the settlement of the withdrawal of the partner in accordance with the provisions of Article 51 of this Law, or handle the settlement of the reduction of the corresponding share of the property of the partner.
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Anonymous users2024-02-04Legal Analysis: The general partner can contribute capital in the form of labor services. Partner's capital contribution refers to the capital invested by the partner in the partnership for the needs of the partnership, which is the basis for the operation of the partnership.
The general partner's capital contribution may be made in money, in kind, intellectual property rights, land use rights or other property rights, or the general partner may use labor services to make capital contributions, which must be agreed by all partners. In the case of a partner's contribution by labor services, the method of evaluation shall be determined by all partners through consultation.
Legal basisPartnership Enterprise Law of the People's Republic of China
Article 16 Partners may make capital contributions in money, in kind, intellectual property rights, land use rights or other property rights, and may also use labor services to make capital contributions.
Article 64 Limited partners may make capital contributions in money, in kind, intellectual property rights, land use rights or other property rights. Limited partners are not allowed to contribute capital with labor services.
Because of the Partnership Act.
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