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Intangible assets funded research legal issues

Author: ZhangZuo
Tutor: ChenLi
School: Fudan University
Course: Legal
Keywords: Intangible Assets Contribution Legal Regulation
CLC: D922.291.91
Type: Master's thesis
Year: 2009
Downloads: 424
Quote: 2
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Abstract


In the period of Market Economy growing up and being more efficient, the contribution form of corporations becomes diverse. As a sort of particular asset, the intangible assets is used in the establishment of corporations more and more. In the base of learning advanced legislating experience of other countries and the domestic practice, the 2005 Corporation Law has been made a deep amendment in the part of intangible asset contribution, which makes the law correspond with the practice and develop trend better. Because of conservative legislation philosophy and outdated legislation technology, the new Corporation Law still has a strict limit in the scope of intangible assets, and the contribution procedure is lack of practice details, which make the security and applicability of intangible assets contribution can not be ensured effectively. Aimed at these questions, this author applies the analytical methods of positivism and comparison to research the way to improve the legislation philosophy and consummate the law of intangible assets contribution.This thesis first discriminates the concept of intangible assets, introduces the character of intangible assets contribution and several typical form of contribution. After comparison of other countries’ relating law and the domestic Corporation Law, we especially discuss the scope and procedure of intangible assets contribution, to achieve the purpose of consummation the relating law by means of improving the legislation philosophy and rectifying the practice deficiency.This thesis includes four chapters besides the introduction portion.Chapter one discusses the bound of intangible assets contribution. In this chapter, the author compares several sorts of definitions of intangible assets, and chooses the most suitable one according of the background and research purpose of this thesis. On the basis of the first step, we discuss the character of intangible assets that can be used to contribution, then illustrate several typical form of contribution.Chapter two is about the existing law and regulations of intangible assets contribution. The author makes the comparison of the relating law between the Continental Legal System and Anglo-American Legal System, and illustrates the progress of the new Corporation Law in the subject. Then we take some practice examples to analysis the limitation and shortage of existing law.Chapter three specially analyzes the procedure regulations of intangible assets contribution.In the basis of aforesaid shortage of procedure law, the author researches the relating important procedure in contribution, including the intangible assets evaluation, rights transfer and capital verification system. Then we discuss the problems which should be focus on in practice procedure, and the defect of existing law that need to be improved.Chapter four researches the legislation philosophy of Corporation Law and the regulation system of intangible assets contribution. To resolve the problem that discussed before, the most important step is establish applicable and practical legislation philosophy. The author discusses several legislation philosophy, such as how to balance the value of security and efficient, how to integrate the public power and autonomy of private law, and how to improve the operability of the law. After that, the author puts forward some legislation advices on the scope and procedure of intangible assets contribution, and suggests establishing the complete legal obligation system.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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