Control Of The Risks Of The Shareholders' Contribution Of The Industrial Property

Generally speaking,company capital contribution includes currency contribution and material sbject contribution,the later of which is a kind of contribution including all forms of property and property rights but cash.Shareholder's contribution in the form of Industrial Property is one kind of the material sbject contribtion and an important way of making it capitalized.However,the Industrial Property has its own special properties which is different from the other forms of property.The main content are as follows:intangibility,uncertainty, proprietary,timeliness and regionalism.The special properties of Industrial Property decide the characteristics of contribution of it which is different from the other forms of contribution:firstly,there is great difficulty in the evaluation of the contribution,secondly,the effect of it is full of uncertainty,thirdly,this form of contribution has its own timeliness,finally,the rights for contribution is of complexity.The charateristics of contribution of Industrial Property decide that it may bring risks to the assignee,based on the origin,these risks can be devided into three parts:the risks brought by the ownership of Industrial Property,the risks brought by the legal system of Industrial Property and the risks brought by Industrial Property itself.These risks will certainly cause at least two damages:firstly,it may cause the company capital to be inadequate,seconly,it may do harm to the interests of the company,the other shareholders and the creditors of it.Furthermore,the large improvement of the percentage of the contribution of Industrial Property in the newly amended Corperation Law of China,has not only gotten rid of the limitations and restraints and widen the financing and contribution channel to a large extent,but also increased the occurrence probability of the harm caused by the risks as the increase of the percentage of the contribution of Industrial Property.Shareholder who pays one kind of capital always regard making money as his first aim and protecting the security of bussiness as the most important standard at the same time.Well then,in order to keep the balance between the security and efficiency and to find the best conjoint point of them,effective measures must be taken to control those risks.Aiming at the risks which may be caused by the contribution of Industrial Property,we can make time the clue and draw support from three stages,including the precautions in advance,the strict control during it and the remedies afterwards which the proper party of the Industial Property and the procedure of the contribution,the promise and guaranty of the provider and the treatments of the non-performance and defective performance are embodied in.