CHAPTER I

SUBJECT MATTER AND SCOPE

Contributions of capital
Article 3
For the purposes of this Directive and subject to Article 4, the following transactions shall be considered to be ‘contributions of capital’:
1. the formation of a capital company;
2. the conversion into a capital company of a company, firm, association or legal person which is not a capital company;
3. an increase in the capital of a capital company by contribution of assets of any kind;
4. an increase in the assets of a capital company by contribution of assets of any kind, in consideration not of shares in the capital or assets of the company, but of rights of the same kind as those of members, such as voting rights, a share in the profits or a share in the surplus upon liquidation;
5. the transfer from a third country to a Member State of the centre of effective management of a capital company whose registered office is in a third country;
6. the transfer from a third country to a Member State of the registered office of a capital company whose centre of effective management is in a third country;
7. an increase in the capital of a capital company by capitalisation of profits or of permanent or temporary reserves;
8. an increase in the assets of a capital company through the provision of services by a member which does not entail an increase in the company’s capital, but which does result in a variation in the rights in the company or which may increase the value of the company’s shares;
9. a loan taken up by a capital company, if the creditor is entitled to a share in the profits of the company;
10. a loan taken up by a capital company with a member or a member’s spouse or child, or a loan taken up with a third party, if it is guaranteed by a member, on condition that such loans have the same function as an increase in the company’s capital.