What can be used to pay up capital stock?

The legislation foresees that the payment in the capital stock can be made by any asset that can be valued in money.

Thus, the following can be used:

• Cash: when the partner or shareholder contributes financial resources to the company in exchange for quotas or shares;

• Assets: when the partner or shareholder brings assets (movable or immovable) to the company in exchange for quotas or shares;

• Rights: when the partner or shareholder provides rights to the company in exchange for quotas or shares, such as copyrights or intellectual property rights;

• Labor: when the partner or shareholder provides services to the company in exchange for quotas or shares;

• Credits: when the partner or shareholder provides credits (rights to receive money, i.e. when this partner is a creditor of another) to the company in exchange for quotas or shares.

It is important to point out that the form of work is only accepted as a form of payment of corporate capital in simple companies, i.e., nonentrepreneurial companies, which are companies that perform activities of a non entrepreneurial nature.

There is a discussion about whether the know-how of a professional can be used to pay-in capital stock in a company. It is a controversial theme, which generates many discussions, as it is not expressly foreseen by the legislation. However, it is possible that technical, technological or scientific knowledge is considered part of the company's value and, consequently, is taken into consideration in the evaluation of its equity. In this case, the incorporation of know-how in the company's value can be recognized through the preparation of an intangible asset valuation report.

It is worth pointing out that if the strategy of incorporating know-how into the company's value is adopted, it is important that this evaluation be carried out in a careful and precise manner in order to avoid accounting and tax distortions that could harm the company or generate problems with the regulatory agencies.