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Valuation of assets contributed as capital to the business is a key step to ensure transparency and fairness in business cooperation. Accurate valuation helps investors clearly understand the asset value, thereby determining the capital contribution ratio and benefits of the parties. This process also helps limit financial risks, creating a solid foundation for the long-term development of the business in a competitive business environment.
Valuation of assets contributed as capital complies with the provisions of Article 34 of the Law on Enterprises 2020. Determination of the value of assets contributed as capital must ensure legality and legal ownership. The valuation process is carried out according to specific regulations.
Legal capital contribution assets include:
Article 34 of the Law on Enterprises 2020 clearly stipulates that only individuals and organizations that are legal owners or have legal use rights to assets are allowed to use those assets to contribute capital. Capital contributions must be made according to the correct process and have complete documents proving ownership or legal use rights to the contributed assets.
Article 36 of the Law on Enterprises 2020 stipulates principles for valuation of assets contributed as capital. Valuation must follow the consensus principle or go through a professional valuation organization. The pricing process must ensure transparency and accuracy.
Principles for valuing assets contributed as capital are applied as follows:
For assets contributed as capital when establishing an enterprise:
For assets contributed as capital during operations:
According to Point b, Clause 3, Article 46 of Decree 122/2021/ND-CP, violations in the valuation of contributed assets will be severely punished. Penalty levels are clearly specified and apply to both organizations and individuals. Sanctions are intended to ensure the strictness of the law.
Specific penalties are as follows:
Penalties include:
Long Phan provides professional consulting services on valuation of assets contributed as capital. Long Phan’s team of experts has a deep understanding of corporate law and valuation process. Main services include:
Customers who need advice on valuation of assets contributed as capital to a business, please contact Long Phan via the hotline 0906735386 for detailed consulting support. Long Phan’s team of experts is committed to providing optimal solutions, ensuring rights and compliance with law regulations in the process of valuing customers’ capital contributions.
Note: The content of the articles published on the website of Long Phan Investment Consulting Company is for reference only regarding the application of legal policies. Depending on the time, subject, and amendments, supplements, and replacements of legal policies and legal documents, the consulting content may no longer be appropriate for the situation you are facing or need legal advice on. In case you need specific and in-depth advice according to each case or incident, please contact us through the methods below. With our enthusiasm and dedication, we believe that Long Phan will be a reliable solution provider for our clients.
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