Is it possible to make non-monetary contributions to create a society?

Non-monetary contributions

 

 

 

 

 

 

 

 

 

 

Given the scarcity of funding, non-cash contributions can facilitate the creation or development of a society.

In addition to monetary contributions, the Corporations Act provides for kind contributions both for the establishment of a company to the capital increases.

You can make a kind contribution any type: movable property, property, patents, brands, securities, credits, commercial establishments or even entire companies. What can not be used for non-monetary contribution is the work or services (Art. 58.2 the LSC).

Thus, when founding a company, goods must be real and have at least determinable economic value. Unable to establish the company with the contribution of work in the future perform one or more of the partners. For such situations, They are planned ancillary services, issue which will be another entry.

The critical issue in the kind contributions It is your assessment, because if it was not real, could harm the interests of third parties.

Corporations

The kind contributions in corporations are collected in Articles 67 a 72 of the Corporations Act: It is essential the contribution of report of an independent expert que value the kind contribution. The expert answers your report for a period of 4 years unless he proves his diligence. Only need the report excludes the case of listed securities, or if he had a previous report with less than 6 months old or issued as a result of a takeover or demerger of the company, or in case of a public offering (Art. 69 LSC). Contributions in kind in corporations are not very common.

Limited Partnerships

In limited partnerships, no report is required an independent expert to be replaced by a liability regime set out in Articles 73 a 76 of the Corporations Act. Respond valuing kind contributions:

1.- The founders.

2.- All members who voted in favor of the capital increase (except those who make their opposition).

3.- Those who make contributions in kind and those who acquire a stake through it.

4.- Administrators, by the difference between the actual value and the declared non-monetary contribution.

And his liability is joint, both to society and to the company's creditors.

Given this responsibility system, it is desirable that the report of an expert who can allow disclaimer of shareholders and directors is made (Art.76 LSC).

Ultimately, can be performed kind contributions both the constitution as the capital of a company, but these may not be to the work of the partners and should be valued economically correctly to avoid responsibilities.

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