Vietnam: Guidance on the documentation submitted to apply for a public company’s non-public securities offering

According to Clause 4 Article 1 of Decree No. 60/2015/ND-CP of Vietnam’s Government amending and supplementing Article 5 of Decree No. 58/2012/ND-CP, the documentation submitted to apply for a public company’s non-public securities offering includes:

- The original registration form for the non-public securities offering by adopting the Form No. 01 enclosed with Decree No. 58/2012/ND-CP.

- The original or duplicate copy of the Minutes of the General Meeting of Shareholders; the original copy of the Decision of the General Meeting of Shareholders and the Managing Board on approval for the plan to sell and use assets, enclosing the plan to sell and use assets, the list of target investors (if available) and the estimated amount of stocks to be sold to each investor.

- Materials used for providing information about the schedule of the offering of stocks to investors (if any).

- The duplicate copy of materials issued by competent authorities or equivalent ones proving that the issuing company complies with regulations laid down in Point c Clause 1 Article 4 of Decree No. 58/2012/ND-CP.

- The original copy of written commitments between the issuing company and target investors on compliance with regulations laid down in Point d Clause 1 Article 4 of Decree No. 58/2012/ND-CP.

Besides, Decree No. 60/2015/ND-CP also amends the documentation submitted to apply for the non-public securities offering for the purpose of swapping stocks for shares of joint-stock companies or contributed capital in limited liability companies; the documentation submitted to apply for the non-public securities offering of the securities trading organization being the joint-stock company.

View more details at Decree No. 60/2015/ND-CP of Vietnam’s Government, effective from September 01, 2015.

Thu Ba

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