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一、问题的缘起在中国的公司设立实践中.经常会遇到下面的尴尬情形:某公司在投立时,某股东以其享有所有权的房屋一套作为出资,并且该房屋已经办理了评估、验资手续。按照《公司登记管理保例》第20条规定,‘股东首次出资是非货币财产的,应当在公司设立登记时提交已办理其财产权转移手续的证明文件’,该设立中公司的筹备负责人到房管部门申请该房屋的产权过户手续。但房管部门以公司尚处于设立阶段为由,拒绝办理过户手绩,其理由是此时公司尚未登记成立,房管部门不可能将房屋产权过户到一个尚不存在的民事主体名下。该负责人解释说,尽管公司还没有领取营业执照.但是已经
First, the problem origins In the practice of setting up a company in China, often encounter the following embarrassing situation: When a company was established, a shareholder with its ownership of a set of housing as a contribution, and the housing has been evaluated, capital verification formalities. According to Article 20 of the “Regulations on the Administration of Company Registration”, if the shareholder’s first contribution is non-monetary property, the shareholder shall submit the proof of handling the transfer of property right at the time of establishment of the company’s registration, and the person in charge of the establishment of the establishment shall, Department to apply for the transfer of ownership of the housing procedures. However, the housing management department to the company is still in the stage of establishment, refused to apply for transfer of account on the grounds that at this time the company has not yet registered, the Housing Department can not be transferred to a non-existent property rights of civil entities. The official explained that although the company has not yet received a business license, but already