Capital contribution means the contribution of assets to form the company’s charter capital, including the contribution of capital to establish a new enterprise or contribution of additional capital to an existing enterprise. Under provisions of Vietnamese laws, contributed assets may be Vietnam Dong (VND), convertible foreign currencies, gold, value rights to use the land, the value of intellectual property rights, technologies, technical secrets, and other assets that can be assessed in VND. Of these, intellectual property rights used for capital contribution include copyright and copyright-related rights, industrial property rights, plant variety rights, and other intellectual property rights according to laws on intellectual property. Only individuals, organizations who are legitimate owners of the aforementioned rights have the rights to use those properties to contribute capital.
So that, assets being intellectual property rights is only used for capital contribution when they are registered at competent authorities and granted a certificate to protect (people having their name on a certificate). The assets being intellectual property rights must be assessed by members/general partners, founding shareholders, or professional valuation organizations, and expressed in VND when performing capital contribution.
Assessing intellectual property is based on main methods like fees, income, and surplus-value. However, assessing intellectual property encounters many difficulties and distinctness compared to visible assets. Assessing intellectual property depends on time, location, and the ability to get the profit of special assets. Since the time of intellectual property registration, owners cannot anticipate the usefulness and the ability to get the profit of assets in the future, it is also presented through time and the level of acceptance of society.
In addition, to avoid risks in capital contribution contracts, enterprises need to refer legal comments of lawyers and specialists having experiences to create a detailed capital contribution plan. Some important articles that parties need to notice are articles on using capital resources, the priority rights in trading when having new investors, rights, and obligations of each party, and information security.
The contents of consulting on the capital contribution by intellectual property rights of Vietlaw Solutions Firm:
In addition to consulting on the capital contribution by intellectual property rights, we also consult and put out solutions on Tax – Accounting for enterprises. We provide specific solutions to support enterprises in defining business strategies, establishing the proper company structure, rearranging the organizational apparatus, as well as establishing the mechanism to control risks to get effects.
– Consulting, supporting in checking the legality of documents related to assets being intellectual property rights;
– Consulting, supporting clients in assessing intellectual property rights. Assets being intellectual property rights are special assets and assessing intellectual property rights also needs special methods. Because of the specialty of these assets, the incorrect assessment compared to the actual value of them is inevitable. Therefore, be careful when assessing intellectual property rights;
– Consulting, conducting procedures for the transfer of intellectual property rights from current owners to enterprises contributed capital at the National Office of Intellectual Property of Vietnam (trademarks, industrial designs, inventions, copyright…);
– Consulting and drafting dossiers of capital contribution by intellectual property rights;
– On behalf of clients, submitting and keeping track on dossiers and receiving results at competent authorities;
– Consulting on clients’ rights and obligations and issues that can arise when capital contribution by intellectual property rights.
We have much experience in consulting on establishing strategies, development of organizations, enhancing productivity; designing business models, building sales systems. We believe that our clients get much profit from the profound knowledge of our senior lawyers in the field of capital contribution by intellectual property rights. Depending on specific cases, we put out the most practical solutions for clients. If not clear, please don’t hesitate to contact us to be supported.
Address: 90B Tran Quoc Toan, Ward 8, District 3, Ho Chi Minh City, Vietnam.
Hotline: 0902 868 117 – 0909 868 117