Research On Legal Issues Of Intangible Assets Contribution

With the arrival of the knowledge economics, intangible assets which regards Intellectual Property as its core has become an important form of social fortune, and play a more and more important role in the social production. In many high-tech enterprises, the form of capitalism with intangible assets has changed into more essential and higher proportion. The revision of Chinese Company Law makes great breakthrough on shareholder's contributions, but relevant exercisable legal system is still need.Regarding Intellectual Property as its core, intangible assets also contain other forms. Complexity of evaluation and indefiniteness of effectiveness are the two main factors of intangible assets contribution. To keep the balance on investment freedom, capital efficiency and trade security, legal system should put the rights and interests of shareholders and corporation on the first place, and protect company's creditors at the same time.Available essentials of intangible assets contribution can be analyzed from certainty, existing, possibility of appraisal and transfer. Considering about these matters, the range of intangible assets offering may be relaxed, goodwill and franchise rights may also be allowed to capital with some limitation. Meanwhile, to match the fashion, restrict and exercisable procedures are in need of legislation. These procedures include evaluation, right transfer, examination, publicity and so on. Contribution in convert forms is also need to be regulated too.At present, defaults of intangible assets contribution system in China mainly incarnate on the restriction of capital types of intangible assets, imperfection of evaluation procedure, exercisable issues on the right transfer and liability, lack of supervision and regulation on convert contribution. So legislation should be perfected from these aspects.