Handling unsold shares of restructured enterprises that do not have enough registration for equitization

Bao Ngoc

14:05, 15/02/2022

On February 8, 2022, the Ministry of Finance issued Circular 05/2022/TT-BTC guiding the restructuring of enterprises that are not eligible for equitization and transfer of shares with receivables of enterprises by the State Government. The country holding 100% of the charter capital has the function of buying, selling and handling debts.

Accordingly, the restructuring enterprise is responsible for handling unsold shares in accordance with Decree 126/2017/ND-CP , Decree 140/2020/ND-CP and Circular 32 2021/TT-BTC . In there:

- In case of failure to sell all shares to investors by agreement method after unsuccessful public auction or failure to sell all offered shares of public auction as prescribed in Clause 3 , Clause 4, Article 8 of Circular 32/2021/TT-BTC then:

The Equitization/Restructuring Steering Committee considers and decides on an offer to sell to Vietnam Debt Trading Company and creditors according to the principle of agreement and the selling price of shares is not lower than par value.

- In case the Vietnam Debt Trading Company and its creditors still do not buy all the shares offered for sale, then:

The Equitization/Restructuring Steering Committee shall report to the owner's representative agency to adjust the scale and structure of charter capital to convert the restructured enterprise into a joint stock company before holding the General Meeting. shareholders for the first time.

Circular 05/2022/TT-BTC takes effect from April 1, 2022 and replaces Circular 69/2018/TT-BTC ; Circular 50/2019/TT-BTC .

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