The sole founder can transfer the property of the organization by his own decision if there is an opportunity in the charter to make additional contributions. In addition, the founder can use the civil loan agreement by transferring the property to the company for free use.
Civil law provides several possibilities for the founder to transfer his own property to the organization. So, the sole founder of the company can make a decision on making an additional contribution to the property of the organization, on the basis of which the deed of transfer is drawn up. If the company has several members or founders, then they contribute to the property in proportion to the shares in the authorized capital that each of them has. Moreover, these contributions can be made not only in cash, but also in the form of transfer of property. Regardless of the number of founders, the charter of the company should provide for the possibility of making additional contributions to the property on the part of the participants (in the absence of such a provision, changes should be made to the charter in advance).
Transfer of property by concluding a loan agreement
An additional legal opportunity for the transfer of the company's property from the founder is the conclusion of a loan agreement. This agreement involves the free use of property for a certain period while maintaining ownership of the founder. In this case, an ordinary citizen who is a lender under this agreement must act as a founder. The agreement itself should provide for the specific characteristics of the property transferred for the use of the company, the period of its temporary use and other conditions at the discretion of the parties. For example, when transferring real estate for use to a company, its plan, a copy of the certificate of ownership should be attached to the contract, and the address and area of the corresponding object should be indicated in the text of the agreement.
What documents are required to transfer property for use?
If the founder transfers the property of his own organization for free use, then separate decisions on the part of the participant or the governing bodies of the company do not need to be made, since this is a normal civil law transaction. It is enough to conclude a loan agreement, in which all the conditions of transfer described above will be indicated, as well as to draw up a special deed of transfer, where the fact of transfer of property from the lender to the borrower is recorded, the composition of the transferred property, its condition and possible shortcomings are indicated.
