How much contributed charter capital must a joint-stock company have to offer its shares publicly in Vietnam?
According to current securities laws, if a company want to offer its shares publicly, it must have a charter capital of 10 billion. There has recently been a new Securities Law, so according to this law, how much contributed charter capital must a joint-stock company have to offer its shares publicly in Vietnam? When does it apply? Thank you!
How much contributed charter capital must a joint-stock company have to offer its shares publicly in Vietnam? (Image from the Internet)
Pursuant to Clause 1, Article 15 of the Securities Law 2019 (Effective January 1, 2021) stipulating the requirements for public offering of shares of joint stock companies:
- The contributed charter capital is at least 30 billion VND on the offering date according to the accounting books;
- The company has profit over the last 02 years and has no accumulated loss on the offering date;
- There is a plan for issuance and use of capital generated by the offering ratified by the General Meeting of Shareholders;
- At least 15% of its voting shares have been sold to at least 100 non-major shareholders. If the issuer’s charter capital is 1.000 billion VND or above, the ratio shall be 10%.
- Before the offering date, the major shareholders have made a commitment to hold at least 20% of the issuer’s charter capital for at least 01 year from the end of the offering;
- The issuer is not undergoing criminal prosecution and does not have any unspent conviction for economic crimes;
- The offering is consulted by a securities company, unless the issuer is already a securities company;
- The issuer has a commitment to have its shares listed or registered on the securities trading system after the end of the offering;
- The issuer has an escrow account to receive payments for the offered shares.
=> Thus, based on the above regulations, from January 1, 2021, a joint stock company offering its shares publicly must have at least 30 billion VND of the contributed charter capital on the offering date according to the accounting books.
Above is the support content.
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