有限责任公司设立中人力资本出资合理性探讨(国外英语资料).docVIP

有限责任公司设立中人力资本出资合理性探讨(国外英语资料) Discussion on the rationality of human capital investment in the establishment of limited liability company Author: Yang election, Huang Junjie release time: 2010-05-23 16:41:39 First, the question raised Peoples Republic of China company law (hereinafter referred to as the company law provisions of article twenty-seventh): the shareholders may make capital contributions in currency, and in kind, Windows Forms bottom of the top intellectual property rights and land use rights can be evaluated by currency and may be transferred according to law of non monetary property investment; however, the laws and administrative regulations prohibited except as the investment property. The eighty-third article states: the way of investment for the promoters of the Limited by Share Ltd shall be governed by the provisions of article twenty-seventh of this law.. We can see from the above provisions, the provisions in the old company law strictly limits the mode of investment, the new company law greatly broadened the scope of investment, replaced by can be evaluated by currency and may be transferred to non monetary assets such a statement. Although the provisions for intellectual property investment to open up channels, but mainly for technological innovation and management innovation ability and the lack of tangible form of human capital, the company law did not make specific provisions. On the contrary, the regulations on the registration and administration of the Peoples Republic of China company stipulates that the shareholders shall not invest in the services such as labor, credit, natural persons names, goodwill, franchises or property set up by guaranty. The legal system is not clear and contradictions, not only to a certain extent affected the full play of the value of human capital, a huge loss will lead to talent, especially the company is not conducive to the development of new high-tech industry, the urgent need for improvement or modificat