The contributions in industry can be described as the fact for a partner of provide the Company with their technical skills, labor or services. This type of contribution is one of the 3 possible at the same time as the contribution in cash and in kind. In practice, the contribution in kind is little used for various reasons. Here's everything you need to know about the operation of contributions in industry.
The realization of industrial contributions are not possible for all types of companies . These contributions can be considered:
It is therefore impossible to practice contributions in industry in joint-stock companies other than SAS.
In order to be able to make a contribution in industry, the company must provide for this option in its articles of association. In this clause, you must specify:
By being remunerated by a contribution in industry, the partner can receive part of the profits of the company and participate in collective decisions. However, he cannot receive shares or shares representing the share capital in return, the securities received must be not representative of the share capital.
The industrial contributor must provide the company with the agreed services and return to the latter all the gains that he can obtain using these services. He cannot carry on a competitive activity of what he brings to society.
Estimation of a contribution in industry is a complicated task, because it is an intangible contribution, which comes in the form of work and knowledge contributed by a person. These elements are difficult to quantify even before their completion, and it is easier to evaluate them by examining them once completed.
To estimate the amount of a contribution in industry, it is necessary to take into account the cost that the company would have had to bear to obtain the same knowledge and the same work.
Below are some points to consider: contributions in industry and share capital, transmission of rights related to contributions in industry, contribution in industry and the employment contract, compensation for contributions in industry.
No. Unlike contributions in kind and contributions in cash, contributions in industry are not taken into account for the calculation of the share capital.
No. Since the contributor places his ability at the disposal of the company, the rights received in return cannot be transferred. When he leaves the company, the rights he has received are cancelled.
The contribution is valid only if the contributor works for the company, without any financial contribution.
No. Usually, the partner who makes a contribution in industry does not have an employment contract. However, the existence of a subordination can lead to the requalification of the contribution in industry in contract of employment.
No. In compensation for the contribution in industry, the contributor does not receive any remuneration. He may, however, benefit from rights to social benefits and have the right to participate and vote in the collective decision-making of the partners.
