Contribution in kind

A contribution in kind is a capital contribution to a company in the form of non-cash assets — real estate, equipment, intellectual property, securities, a business — rather than cash. In France, contributions in kind to an SA or SAS require evaluation by an independent appraiser (commissaire aux apports) whose report is legally binding. In Switzerland (CO), equivalent documentation and expert certification requirements apply. The valuation of the contributed assets is critical: overvaluation artificially inflates share capital, while undervaluation may constitute a distribution risk.

‍

Example: in a financial restructuring, a Swiss entrepreneur contributes an operating company valued at CHF 8.0 million to a new holding company in exchange for shares. The contribution, qualifying for tax neutrality under Swiss law, requires an independent expert valuation report certifying the CHF 8.0 million fair value as the basis for share issuance — documented and filed with the commercial register.

‍

Hectelion performs asset valuations required for contributions in kind under Swiss and French law, providing certified reports for commercial register and tax purposes.