股权出资问题刍议

Discussion on Equity Contribution

《公司法》修订之后,新《公司法》突破了原有的立法理念,公司的法定出资方式变得更加丰富。除货币出资、实物出资、知识产权出资、土地使用权出资等几种典型的出资形式外,其他凡是可以用货币估价并可依法转让的财产及财产权利即可以用作出资,这些非典型的出资形式最主要的就包括股权出资。股权出资不仅具有可行性,更具有必要性,本文试图针对目前股权出资法律制度构建的障碍进行分析,并提出若干调整完善建议。

After the amendments to the Company Law, its new version has broken the concept of the original legislation. The statutory funding methods in a company have become diverse. In addition to the typical forms of financing -monetary funding, material possession investment, intellectual property rights, and land lease rights, other possessions and property rights that can be assessed by currencies and transferred legally can also be used as investment. The latter mainly refers to the equity contribution, which is not only feasible, but also of great necessity. The paper attempts to analyze the obstacles to the construetion of the legal system aiming at the equity contribution and puts forward some suggestions to perfect the system.