How the new accounting law defines what intangible assets include

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Under the new accounting system, intangible assets refer to identifiable non-monetary assets owned or controlled by an enterprise that do not have a physical form. Intangible assets are divided into broad and narrow senses, and intangible assets in a broad sense include monetary funds, accounts receivable, financial assets, long-term equity investments, patent rights, trademark rights, etc., because they do not have a material entity, but are manifested as some legal rights or technologies. However, intangible assets are usually understood in a narrow sense in accounting, i.e., patent rights, trademark rights, etc. are referred to as intangible assets.

Speaking of specifics:

Intangible assets include social intangible assets and natural intangible assets.

Among them, social intangible assets usually include patent rights, non-patented technologies, trademark rights, copyrights, concession rights, land use rights, etc.; Natural intangible assets include natural resources such as natural gas that do not have a physical physical form.

1) Patent right: refers to the exclusive rights granted by the national patent authority to the applicant for an invention-creation patent within the statutory time limit, including invention patent rights, utility model patent rights and design patent rights.

2) Non-patented technology: also known as proprietary technology, refers to various technologies and know-how that are not known to the outside world, should be used in production and business activities, do not enjoy legal protection, and can bring economic benefits.

5) Franchise: also known as business franchise and franchise, refers to the right of an enterprise to operate or sell a specific commodity in a certain region or the right of an enterprise to accept another enterprise to use its trademark, trade name, technical secrets, etc.

7) Business Secrets.

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Intangible assets refer to identifiable non-monetary assets that are owned or controlled by an enterprise and do not have a physical form. Based on the above analysis, the geological results meet the definition of intangible assets. First, there is no physical form.

Although geological results rely on physical carriers, such as text reports, drawings, various documents, etc., this does not change the characteristics of not having physical forms. Second, it is recognizable. Geological results can be separated or divided from the enterprise, and can be separately transferred, licensed, leased or exchanged, without the need to dispose of other assets in the same profitable activity at the same time.

Third, it is obviously not a monetary asset, and the geological results meet the following two conditions at the same time: the economic benefits related to the asset are likely to flow into the enterprise; The cost of the intangible asset can be reliably measured. The main characteristics that distinguish inventories from non-current assets:

The ultimate purpose of the inventory held by the enterprise is to ** (directly** or after processing**); The purchase, sale and processing of inventory is the main day-to-day business of the enterprise. The characteristics of intangible assets are as follows: the self-creation and purchase of intangible assets are not the main daily business of the enterprise.

For the sake of rigor and to avoid misunderstanding, it is recommended to amend the intangible assets standard and change Article 3 of the Accounting Standard for Business Enterprises No. 6 - Intangible Assets to "intangible assets are identifiable non-monetary assets owned or controlled by an enterprise, generated by non-ordinary activities, and without physical form." ”

Accounting intangible assets include social intangible assets and natural intangible assets. The details are as follows:

1. Social intangible assets include patent rights, non-patented technologies, trademark rights, copyrights, concessions, etc.

2. Natural intangible assets include natural resources such as natural gas that do not have a physical material form.

Conditions for recognition of intangible assets:

1. Meet the definition of intangible assets.

Intangible assets are identifiable non-monetary assets owned or controlled by an enterprise that do not have a physical form. Identifiable means the ability to be separated or severed from the business and to be used, alone or in conjunction with related contracts, assets or liabilities, for the purpose of **, transferring, licensing, leasing or bartering, or arising from contractual or other legal rights, whether or not such rights may be transferred or severed from the business or other rights and obligations.

2. The economic benefits related to the intangible asset are likely to flow into the enterprise.

Items recognized as intangible assets must have the condition that the economic benefits of their production are likely to flow into the enterprise. Because the most basic characteristic of an asset is that the expected economic benefits generated are likely to flow into the enterprise, if the expected economic benefits generated by a certain project cannot flow into the enterprise, it cannot be recognized as an asset of the enterprise.

3. The cost of the intangible asset can be reliably measured.

The goodwill created by the enterprise and the internally generated brands, newspaper names, etc., should not be recognized as intangible assets because their costs cannot be reliably measured.

Legal basis]:

Article 113 of the Civil Code of the People's Republic of China.

The property rights of civil subjects are equally protected by law.

Article 267.

The lawful property of private individuals is protected by law, and it is forbidden for any organization or person to encroach upon, loot, or destroy it.

Article 269.

For-profit legal persons enjoy the right to possess, use, benefit from and dispose of their immovable and movable properties in accordance with laws, administrative regulations and articles of association.

Legal persons other than for-profit legal persons shall apply the provisions of relevant laws, administrative regulations, and articles of association to their immovable and movable property rights. Take filial piety.

Intangible assets include patent rights, non-patented technologies, trademark rights, copyrights, land use rights, concession rights, etc.

1) Patent rights.

According to the provisions of China's patent law, patent rights are divided into invention patents and utility model and design patents, and the term of invention patent rights is 20 years and the term of utility model and design patents is 10 years from the filing date. After obtaining the patent right, the person who has made a clear record will enjoy the exclusive right of the patent for the duration of the patent.

2) Non-patented technology.

There is no legal validity period for non-patented technology, only an economic validity period.

3) Trademark rights.

A trademark is a mark used to identify specific goods and services, representing a kind of credibility of an enterprise, so as to have corresponding economic value. According to the provisions of China's Trademark Law, the validity period of a registered trademark is 10 years, which can be extended according to law upon expiration.

4) Copyright.

Copyright, also known as copyright, refers to certain special rights enjoyed by authors in accordance with the law for the literary, scientific and artistic works they create. Copyright consists of two types of rights, namely moral rights (personal rights) and economic rights (property rights). The former refers to the right to authorship, publish the work, confirm the identity of the author, protect the integrity of the work, modify the published work, etc., including the right of publication, the right of authorship, the right of modification and the right to protect the integrity of the work; The latter refers to the right to use a work in the form of publication, performance, broadcasting, exhibition, recording of a recording, filming of a film, etc., as well as the right to obtain economic benefits from authorizing others to use the work.

5) Land use rights.

The land use right is the right to develop, utilize and operate state-owned land for a certain period of time obtained by an enterprise in accordance with the provisions of the law.

6) Concessions.

Franchise, also known as franchise right or franchise right, refers to the right of an enterprise to operate or sell a specific commodity in a certain region or the right of an enterprise to accept another enterprise to use its trademark, trade name, secret technology and other rights.

The intangible assets stipulated in the Company Law include: labor services, credit, natural persons' names, goodwill, franchise rights, patent rights, trademark rights, and the right to write and be valued in monetary terms and can be transferred in accordance with the law. Except as otherwise provided by law.

Legal basis]:

Article 27 of the Company Law of the People's Republic of China.

Shareholders may make capital contributions in monetary terms, or in kind, intellectual property rights, land use rights, and other non-monetary assets that can be valued in monetary terms and can be transferred in accordance with the law; However, there is an exception for property that is not allowed to be used as capital contribution as stipulated by laws and administrative regulations.

The non-monetary property used as capital contribution shall be appraised and verified, and the property shall not be overvalued or undervalued. Where laws and administrative regulations have provisions on appraisal valuation, follow those provisions.

Article 28.

Shareholders shall pay in full and on time the amount of capital contributions subscribed by them as stipulated in the articles of association. If the shareholder makes a monetary contribution, the full amount of the monetary contribution shall be deposited into the bank account opened by the limited liability company; Where non-monetary assets are used to make capital contributions, the formalities for the transfer of property rights shall be completed in accordance with law.

If a shareholder fails to pay the capital contribution in accordance with the provisions of the preceding paragraph, in addition to paying the full amount to the company, it shall also bear the liability for breach of contract to the shareholder who has paid the capital contribution in full on time.