- Ability to change the authorized capital
- increase the size of the goals of the Criminal Code
- Sources of increase in share capital
- The decision to change the magnitude of the Criminal Code
- Ways to increase the size of the authorized fund
- Obstacles to increase the Criminal Code
- Placement of securities
- Registration of issue and placement
- The effects of increasing the Criminal Code
The effectiveness of the commercial structure and its ability to be responsible to the creditors determined by the size of its capital. The increase in the authorized capital of JSC - one of the ways to raise the prestige of the company and operational involvement of money in big projects.
Ability to change the authorized capital
authorized fund formed once is not constant. Increase and decrease of the authorized capital of JSC is regulated by law and serves as a financial tool to ensure stability in the market. These management decisions are made by a meeting of owners. The proposal introduces the collective executive body. The procedure to increase the authorized capital of JSC is regulated by law and the charter of the enterprise.
increase the size of the goals of the Criminal Code
The main objective of any business - profit. This is achieved by embedding and / or combining assets. The goal of increasing the authorized capital of JSC:
- ensuring loyalty credit institutions and debt repayment guarantees;
- increase in volume of working capital production growth conditions;
- the need for active capital deployment of production capacity and entering new markets;
- compliance with the requirements of the Criminal Code size when obtaining certain licenses.
Also effectively raise capital at escalating volume of bond issues.
Sources of increase in share capital
If you use the option to increase the nominal value of shares, the volume capacity of the Criminal Code is due to the company's property. available sources:
- capitalization announced, but not issued dividends;
- income from the sale of securities in excess of par value;
- not allocated special funds means;
- not distributed profits of other periods;
- income, accrued as a result of the revaluation of PF.
Another way to update the Criminal Code - to do so at the expense of additional capital. Sources of its formation:
- income from the revaluation of the OS;
- receipt of a similar nature on the company's account.
The decision to change the magnitude of the Criminal Code
The decision to increase the authorized capital of JSC is the prerogative of owners meeting. Charter may delegate this duty to the Board of Directors. The resolution of the general meeting is required, if the increase volume CC passes through conversion. After counting the votes, the decision taken by the majority.
Changing the volume of the Criminal Code may be the prerogative of the supervisory board and co-owner meetings in the event, if it is carried out by placing additional shares. Council powers have to be confirmed by the charter.
Ways to increase the size of the authorized fund
Legal restrictions make it possible to carry out the procedure by increasing the value of shares. Second embodiment - an increase in their number. Step by step instructions to increase the authorized capital of JSC in 2017 year:
- the owners take a resolution on increasing the volume of the Criminal Code (meeting minutes);
- executive body approves release (given 6 months);
- issue state registration (assigned 3 of the month)
- the company places shares for implementation;
- the final report shall be registered with Sales;
- adjustments in the Charter, reflecting the increase in the authorized capital of JSC, relies register.
Obstacles to increase the Criminal Code
In order to protect the rights of creditors, owners and prevent abuse, increase in the authorized capital of JSC is not carried out:
- if there is to pay the debt of the Criminal Code;
- when non-compliance with the requirements for the company's volume of assets in relation to its capital;
- in case of detection or early signs of loss of bankruptcy procedure;
- if not brought to an end the previous issue;
- if the CC replenishment amount exceeds the amount of assets, reduced by the amount of capital.
Placement of securities
The increase in the authorized capital of JSC is happening in several ways.
Public subscription for common shares held, if their number exceeds 25% previously sold.
Closed - does not require any special conditions. Both options are useful in carrying out the release of the number of shares declared in the statute.
The final decision is made by the owners, by a vote at the general meeting. with voting rights owners (no less 75%) We should support this resolution.
When choosing other options method of decision making is determined by the articles of association. These include:
- Carrying offerings to cover the costs of the company's assets. The distribution is made in proportion to the.
- Sale of common shares under the terms of public offering. In relation to the previously sold securities companies must comply with the ratio of one to four (no more).
- Selling through an open subscription of shares privilege Type.
After registration of the CBR company may start offering.
Registration of issue and placement
Since the adoption of the resolution to increase the Criminal Code begins three months, allocated by law for registration of issuance and its registration. After that, their sale begins. Placement of securities is completing the final report. After the sale of the shares has one month to register it.
Register to increase the authorized capital of JSC Adjustments to the company's charter. Reason - the official summary report of sales and executive body of JSC decision. The list of documents and a sample form filling R13001 can be found on specialized sites.
The effects of increasing the Criminal Code
To properly display the increase in authorized capital stock in the balance accounting postings must comply with the chosen method for the operation - reduction of the nominal value or an increase in the number of securities.
With regard to the taxation of the Criminal Code to increase the size of the operations of the tax office expressed its opinion in a letter 03-04-06/4-281 from 17.09.2012 of the year. Personal income tax paid by shareholders with a difference denominations shares before and after conversion. The tax is payable, if the completion of the Criminal Code was due to retained earnings of previous periods.