Article 14 of the Regulations on the Administration of Company Registration complies with the provisions of Article 27 of the Company Law. Where a shareholder contributes capital with property other than cash, physical objects, intellectual property rights and land use rights, the registration method shall be formulated by the State Administration for Industry and Commerce jointly with relevant departments of the State Council.
Shareholders are not allowed to make capital contribution at a fixed price by labor service, credit, natural person's name, goodwill, franchise or secured property.
(1) Whether this loan can be used as capital contribution is not prohibited by relevant laws and administrative regulations.
The "General Principles of Loans" stipulates: "You may not use loans to engage in equity investment;
(two) whether the creditor's rights can be used as capital contribution;
Debt investment can be divided into two categories, one is debt investment when the company is established, and the other is debt-to-equity investment after the company is established, which is also commonly known as debt-to-equity swap. In order to solve the problem of excessive debts of state-owned enterprises and non-performing loans of state-owned commercial banks, China has formulated a debt-to-equity swap policy and has a positive attitude towards debt-to-equity swap.
However, it is controversial whether the company can be funded by creditor's rights when it is established.
More detailed information can provide more accurate legal advice.