What documents must be prepared when there are changes in quantity of shares registered at the Hanoi Stock Exchange?
What documents must be prepared when there are changes in quantity of shares registered at the Hanoi Stock Exchange?
Pursuant to Article 136 Decree 155/2020/ND-CP, it is stipulated as follows:
Change of Trading Registration
1. The organization registering for trading shall change the trading registration when there are changes in quantity of shares registered at the stock exchange.
2. Application for changing trading registration
a) Application for changing trading registration as per Form No. 37 of the Appendix issued with this Decree;
b) Adjusted securities registration certificate issued by the Vietnam Securities Depository and Clearing Corporation (except for the cases of trading registration changes due to capital reduction);
c) Relevant documents related to the change in the number of shares registered for trading.
Specifically, the application for changing the trading registration is guided in Article 8 and Appendix II of the Regulations issued with Decision 34/QD-HĐTV of 2022, including:
- Application for changing trading registration
- Adjusted securities registration certificate issued by the Vietnam Securities Depository and Clearing Corporation (except for the cases of trading registration changes due to capital reduction)
- Relevant documents, including:
+ Audited equity capital report by an approved audit organization, except in cases of capital increase from equity capital.
+ Public offering certificate issued by the State Securities Commission of Vietnam (SSC) or a document confirming the receipt of the full application of the issuance.
+ SSC confirmation of issuance results.
+ Report on issuance results.
+ Other relevant documents related to the change in the number of shares registered for trading.
What documents must be prepared when there are changes in quantity of shares registered at the Hanoi Stock Exchange?
What are the procedures for changing the registration of unlisted shares' trading on the Hanoi Stock Exchange?
Pursuant to Article 9 of the Regulations issued with Decision 34/QD-HĐTV of 2022, the procedures for changing the registration of unlisted shares' trading are as follows:
- The organization registering for trading submits the application for changing the trading registration as stipulated in Clause 2, Article 6, and Point a, Clause 3, Article 136 of Decree 155/2020/ND-CP.
- Within 5 working days from the date of receipt of the application for changing the trading registration, if the application requires modification or supplementation, the Hanoi Stock Exchange (Hanoi Stock Exchange) will issue a written notice to the registering organization clearly stating the content that needs to be modified or supplemented. Upon expiration of the deadline to complete the application as prescribed in Clause 8, Article 6 of Decree 155/2020/ND-CP, Hanoi Stock Exchange shall stop considering the application. If the application is complete and valid, Hanoi Stock Exchange will issue a decision to approve the change of trading registration and simultaneously disclose the information to the market; in case of refusal, Hanoi Stock Exchange shall respond in writing and clearly state the reasons.
- The registering organization must register the trading date for the number of shares registered for supplementary trading as stipulated in Point c, Clause 3, Article 136 of Decree 155/2020/ND-CP.
- Hanoi Stock Exchange will announce the first trading day for the number of shares registered for supplementary trading or announce the date of reduction in the number of shares registered for trading (in cases of trading registration changes due to capital reduction) based on the request of the registering organization.
Who can register to change the trading of unlisted securities on the stock exchange in Vietnam?
Pursuant to Clause 1, Article 136 of Decree 155/2020/ND-CP, the organization registering for trading shall change the trading registration when there are changes in quantity of shares registered at the stock exchange.
Additionally, Clause 1, Article 133 of Decree 155/2020/ND-CP regulates the securities trading registration organizations as follows:
- Public companies not listed on the stock exchange;
- Companies subject to mandatory delisting or voluntary delisting but still meeting the conditions of a public company;
- State-owned enterprises undergoing equitization subject to trading registration according to the law on the conversion of state enterprises, single-member limited liability companies wholly owned by the state, or public service providers into joint-stock companies.
These organizations shall make changes to the trading registration when there are changes in quantity of shares registered at the stock exchange.
LawNet