Contributing capital with fixed assets: Process and things to note

Contributing capital with fixed assets is an effective method to help businesses optimize existing resources and increase financial capacity without needing to mobilize capital from outside. This process not only brings financial benefits but also creates opportunities to expand scale and improve competitiveness. The article below will analyze in detail the process, procedures and legal issues related to capital contribution with fixed assets.

What are fixed assets used to contribute capital?

According to the provisions of Article 3 of Circular 45/2013/TT-BTC, fixed assets contributed as capital must meet legal criteria on ownership and valuation. The determination of fixed assets for capital contribution follows strict valuation principles of the law. This pricing process ensures transparency in commercial activities.

Fixed assets used for capital contribution include:

• Houses and architectural objects;
• Production machinery and equipment;
• Means of transport and transmission;
• Management equipment and tools;
• Other tangible fixed assets.

An asset to be considered a fixed asset must meet the following conditions:

• Surely future economic benefits will be obtained from the use of that asset;
• Has a usage time of over 1 year or more;
• The original cost of the asset must be determined reliably and be worth 30,000,000 VND (Thirty million VND) or more.

According to current regulations, assets contributed as capital must belong to the legal ownership of the trader contributing capital. The transfer of ownership must be done in accordance with the law to avoid future disputes.

Procedures for contributing capital with fixed assets to the enterprise

Process of contributing capital with fixed assets strict steps should be followed to ensure legality and minimize the risk of disputes. Implementation steps require supervision by competent authorities.

Steps:

Step 1: Valuing capital contribution assets

• Assets must be valued by a valuation organization with a practicing certificate, ensuring transparency and actual value.
• Company members need to meet and have the consent of more than 50% of members on the pricing plan.
• Prepare valuation records according to the standard form of the authorities.

Step 2: Prepare capital contribution documents

• Minutes of capital contribution: Document showing agreement on contributed assets, value and interests of the parties.
• Capital contribution contract: Clearly stipulates the quantity, value of assets, contribution method and rights of the parties.
• Ownership transfer documents: Documents proving property ownership such as ownership certificate, sales contract (if any).
• Related legal documents: Legal documents proving legal ownership of the property.

Step 3: Register changes with state agencies

• Submit documents to the Department of Planning and Investment: Including capital contribution minutes, capital contribution contracts, valuation minutes and related legal documents.
• Carry out procedures to transfer property names: For properties with registered ownership, it is necessary to transfer names at the competent authority (Department of Natural Resources and Environment, Department of Registry, etc).
• Update business information: Add capital contribution asset information to business registration documents at the Department of Planning and Investment.
• This process helps ensure legality, transparency and compliance with regulations when making capital contributions with fixed assets.

Things to keep in mind when contributing capital with fixed assets

In commercial activities, contributing capital with fixed assets carries many potential legal risks. Traders need to clearly understand the regulations to avoid disputes. The method of dispute resolution needs to be agreed upon in advance.

• Check the legality of the property: Confirm legal ownership of the property through certificates, transfer contracts and ensure the property has no disputes or legal obligations (such as mortgages).
• Ensure a transparent valuation process: Assets must be valued by a reputable organization that complies with the law. Valuation results need to be made public and have the consensus of capital contributing members.
• Complete legal documents: Capital contribution documents need capital contribution minutes, contracts and documents proving asset ownership. These documents must be complete, legal and clear.
• Implement capital contribution on time: The parties need to fulfill their capital contribution obligations on time as agreed in the contract to avoid affecting the progress and interests of the parties.
• Comply with regulations on ownership transfer: Carry out procedures to transfer property names at the competent authority and update property information in business registration documents at the Department of Planning and Investment.

Consulting services on issues related to capital contribution with fixed assets at Long Phan

Long Phan provides comprehensive consulting services on capital contribution with fixed assets. With a team of experienced experts in the field of commerce. We ensure the rights of traders during the capital contribution process.

Our services include:

• In-depth consulting on conditions for capital contribution with fixed assets;
• Support customers in choosing the most reputable property valuation unit;
• Support in reviewing and drafting contracts and minutes on capital contribution with fixed assets;
• Representative to carry out procedures for registering capital contribution with competent authorities;
• Support customers in negotiating and resolving disputes that arise during the capital contribution process.

Contributing capital with fixed assets is a complex commercial activity, requiring strict compliance with regulations. Customers should consider using in-depth consulting services to ensure their rights and avoid risks. If you need in-depth advice or use our services, please contact Long Phan immediately via the hotline: 0906735386 for comprehensive support in capital contribution procedures with fixed assets.