Accountability of the shares of other business subjects

Since September 1^st of 2014, contributions of the stockholders to the property of a commercial partnership or company may include funds, items, shares (stock) in charter (share) capital of other commercial partnerships and companies, state and municipal bonds, as well as excusive and other intellectual rights subject to monetary evaluation and the rights under license agreements, unless otherwise established by law. Here is how this reflects on accountability.

Pursuant to clause 2 of Article 66.1 of the CCRF, the law or the documents of association of a commercial partnership or company may establish different kinds of the above-specified property, which cannot be contributed as payment for the shares of the charter (share) capital of said commercial partnership or company. Therefore, the existing edition of the CCRF directly stipulates the possibility to contribute shares (stock) of other business subjects to the charter (share) capital of a company (partnership).

We point out that, due to the changes made by Law No. 99-FZ, since September 1^st of 2014, the monetary evaluation of non-monetary contributions to the charter capital of commercial companies must be done by independent valuers. The duty to contract an independent valuer for determining the nominal value of the shareholder’s share in the company’s charter capital paid for with non-monetary assets only used to arise in the case if said nominal value exceeded 20 thousand roubles.

Stockholders of a commercial company may not set the monetary evaluation of a non-monetary contribution at the level exceeding the amount of the valuation done by an independent valuer (paragraph 2 of clause 2 of Article 66.2 of the CCRF).

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