On Human Capital Contribution To Limited Liability Company

Company is the main economic organizations, of all the company system the core of the system is the system of capital, capital contribution of shareholders is an important system arrangement. The concept of capital contribution is the highest status in company law, it also directly decides the company set up efficiency and freedom. China’s newly revised company law article27of the provisions of the statutory capital contribution in the form of list form, in the form of generalization rules on the non-statutory contribution form, namely, company law there is no clear law no contribution form, such as creditor’s rights, goodwill, equity, human capital, labor, usufructuary right, etc. The non-statutory capital has great commercial value, can promote the development of the company better, so set up the new company law also allows these capital in company. But non-statutory contribution form inherent shortcomings, such as the invisibility, difficult to assess the value of resistance, instability, these uncertain factors bring to the company unprecedented challenges. Limited liability company decides its own characteristics it is contributive requirements more strict than other forms of economic organizations, the provisions of the new corporation law is actually far away from this way of capital contribution of human capital. However, human capital plays more and more important role in social production, the western countries, especially in Britain and the United States, gradually broadened the contribution form of a limited liability company, as a way of capital contribution of human capital have the necessity of its existence. Although there are a lot of problems in theory and practice, but the life can’t wait to need such a way of capital contribution.In our country, there are a lot of cases of human capital investment, some developed cities in developed regions in the form of local legislation affirmed the legitimacy of the human capital investment, the purpose is to attract high-end rare talent, reflect the general policy of national talent strategy. This paper argues that human capital can and should be the same as the physical capital participates in the establishment of company. Dependent of the person of human capital, and shall not transfer, difficult to assess the value of invisibility and the inherent characteristics of though to human capital investment bring great difficulties, but we can not therefore deny new things necessary for growth and development, we can use this tool to overcome difficulties, legal system to make human capital play a positive role. This article first expounds the concept of capital, human capital, combined with the legislative status quo of domestic and foreign human capital and practice to illustrate the necessity of human capital investment, from the feature analysis of the human capital itself obstacles and advantages of human capital contribution, finally aimed at the problems existing in the human capital contribution construct relevant legal system. Law is the regulator of the interests of all parties, especially economic development need the legal regulation, so we expect by the clever design of the system, avoid and clear the obstacles of human capital contribution properly implement human capital investment limited liability company.