ISSUE OF SHARES AND BONDS NOW
To maintain and expand its operations, the business owner can not do business completely by the majority of the equity capital that must be based on the funds mobilized from outside. In this issue of shares and bonds is a form of raising capital has many legal issues to keep in mind the most. Enterprises may issue securities under the two forms of the private placement or public offering. In particular, individual securities offering is the offering of securities held for less than 100 investors, excluding professional securities investors and do not use mass media or internet and in addition is offered selling stock to the public. Share means securities certifying the rights and legitimate interests of the owner of the equity part of the issuer. We used to think that only a joint stock company may issue new shares, however, to note a special case is the limited liability company is issuing shares to individual companies converted into shares. Conditions for offering individual stocks is relatively simple compared to offers of securities to the public. To be offered individual stocks, business must be decided by the Board members, the General Meeting of Shareholders or Board of Directors in accordance with the company charter and a number of other conditions if released now trading field conditional area. However, the offer of shares to the public joint-stock company must meet the following conditions: Having contributed charter capital at the time of registration of the offer of 10 billion or more, by value recorded in the books panoramic; Business activity in the year preceding the year of registration must be profitable, no accumulated losses as of year subscription offering; There is the issue plan and the plan to use the capital raised from the offering by the General Meeting of Shareholders adopted. Other conditions if specific cases belong. Bonds are debt securities issued by enterprises, confirm the obligation to pay principal, interest, and other obligations (if any) of the business for the owners of bonds issued certificate. Limited liability companies and joint stock company if it meets the following conditions shall be allowed to sell bonds to the public: The enterprise has contributed charter capital at the time of registration of the offer of 10 billion Vietnamese Male or more, by value recorded in accounting books; Business activity in the year preceding the year of registration must be profitable offering, and no accumulated losses as of year offering registration, no overdue debts payable over one year; There issuance plan, the plan for use and repayment of capital received from the offering are Board of Directors or Board member or owner of the company through; Has committed to implement the obligations of the issuer to the investor on conditions of issuance, payment, guarantee the legitimate rights and interests of investors and other conditions. Other conditions attached to the case if the specific order issued convertible bonds, joint stock company or limited liability company must meet the following conditions: The enterprise has the uptime of at least one (01 ) years from the date now officially put into operation; Results of production and business of the year preceding the year of issue must be profitable; Meet the requirements for capital adequacy ratio and other restrictions to ensure safety of operations for the business line with conditions stipulated in specialized legislation; Having a plan to issue bonds authorized agencies for approval and acceptance.
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