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Anonymous users2024-02-10I don't know if you are going to set up a company, there is no problem with technology shares, the company law stipulates that intellectual property rights do not account for more than 70% of the company's capital, but whether you buy his equipment is counted as a shareholding, or you have to provide other funds or something I don't know, your information is limited.
I have a suggestion, although 35% can already guarantee your most basic rights, that is, he can't let you out of the game casually, but you don't have the initiative and decision, if you can't guarantee 50%, he can completely sacrifice you and the company. It's just a shallow personal opinion.
Addendum: If you say that, I think it's very risky, so it's better for you to just buy the machine and take all the shares yourself. Find your own sales channels.
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Anonymous users2024-02-091.If you are setting up a Sino-foreign joint venture or cooperative company.
Unfortunately, according to the laws of the People's Republic of China, Chinese natural persons are not allowed to establish Sino-foreign joint ventures or cooperative enterprises with foreigners. The law clearly stipulates that only a Chinese legal person can establish a Sino-foreign joint venture with a foreign legal person or a self-heating person.
2.If you want to do it, what to do.
In this way, you can only set up a one-person limited liability company in your own name, and then cooperate with the foreigner in the name of this company.
3.About technology stakes.
According to the newly revised Company Law in 05, the company's monetary contribution can reach 30%. Therefore, according to your account, the monetary contribution ratio is in accordance with the law.
Technology shares, without evaluation, the industrial and commercial bureau generally does not do industrial and commercial registration. So, schedule an assessment.
4.About the risks.
Basically, you can try to keep control of the company in your hands by drafting the company's articles of association. I'm talking about personnel here. Because the directors of the new company are appointed by the shareholders.
Establish an executive director, stipulate the real power to the executive director in the articles of association, and the executive director is best done by you or someone you know, so as to achieve the effect of controlling the company's operations. It depends on how you negotiate with the foreigner.
In addition, it is also advantageous for you to consider that your capital contribution is relatively low, and the new company law allows shareholders to make an agreement to stipulate in the articles of association that the two parties will share the profits according to the agreed distribution ratio rather than the amount of capital contribution.
I hope the above reply is helpful to you.
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Anonymous users2024-02-08Technology can be invested in the company law. Article 27 of the Company Law stipulates the method of capital contribution by shareholders, and shareholders can use non-monetary assets that can be valued in monetary value, such as physical objects, intellectual property rights, land use rights, etc., as capital contributions. Therefore, shareholders can use technology to buy shares, and they should go through the procedures for the transfer of their property rights in accordance with the law.
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.
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Anonymous users2024-02-07Legal analysis: China's company law stipulates that the shareholders of the company can make capital contributions through technology, and those who make capital contributions through technology need to value the technical lead as early as possible and determine the amount of capital contribution.
Legal basis: Company Law of the People's Republic of China Article 27 Shareholders may make capital contributions in monetary terms, or use non-monetary assets such as physical objects, intellectual property rights, land use rights, etc., which 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 shall not be overvalued or undervalued.
Where laws and administrative regulations have provisions on appraisal valuation, follow those provisions.
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Garbage company one, I won't talk about the darkness inside, a typical family private enterprise, the boss is the boss, he doesn't take the employees seriously at all, every time he has a meeting, he says that you are now undergraduates, not as good as our junior high school students at that time, the words are ugly, and the nouveau riche is a nouveau riche, but he drinks and pulls the relationship does have his own set of training, and every training is to say how you drink with customers, how to pat on the back, the salary is not high, if you leave, you will be finished, not only will you be deducted from a month's salary, but you will not want to get 20% of your monthly salary.