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The main element that distinguishes open and closed joint-stock companies from enterprises of other forms of ownership are shares.
Securities that are not limited in terms of circulation give their owner the right to:
- membership in a joint stock company;
- participation in the authorized capital of the company;
- organization management;
- receiving dividends from profits;
- participation in the distribution of property in the event of the liquidation of the enterprise.
Shares of a closed joint-stock company can only be owned by members of the company, while in an open joint-stock company - also by third parties. To conclude transactions with securities, their issue - registration is required.
Registration of the issue of shares of a closed joint-stock company is carried out in the case of:
- increase or decrease in the amount of the authorized capital; reorganization of the enterprise;
- changes in the par value of securities;
- division of shares.
The issue of securities requires taking into account many nuances: the type of shares, the type of joint-stock company, legislative changes. Therefore, the procedure should be entrusted to specialists. The lawyers of RegService company will help you understand complex issues and solve your problem in record time.
Algorithm of actions when issuing shares
- Registration is carried out by the National Commission for Securities and Stock Markets, the relevant information is entered into the State Register of Securities Issues.
- The procedure itself assumes the following sequence of actions:
- Decision-making by the meeting of shareholders, execution of the protocol.
- Issue of a decree on the issue of shares.
- Registration of documents.
- Opening a bank account.
- Registration of securities with the National Commission for Securities and Stock Markets.
- Placing information on the issue of shares in the press.
What documents are required
The following are submitted to the Commission:
- a copy of the organization's charter;
- certificate from the Unified State Register;
- decision/protocol of the general meeting;
- certificate of notification of all members of the Joint Stock Company about the issue of Securities;
- originals of documents on registration of the previous issue of shares;
- certificate from the bank on payment of the par value of the securities by each participant;
- receipt of payment of state fee.
According to the Procedure approved by the decision of the National Commission on Securities and Stock Markets No. 426 dated June 21, 2018, the applicant also needs to submit the financial statements (on the movement of funds, on the position at the end of the period, on profit and loss, on changes in capital) and notes to it is also required , interim reporting, auditor's report. A complete list of documents is contained in the specified Procedure.
At the end of the procedure, you will receive:
- certificate of registration of securities issue;
- prospectus of share issue.
The commission makes a decision within 25 days.
The National Commission for Securities and Stock Markets can reject the application without consideration or refuse to register. The reasons can be different:
incomplete submission of documents, their inconsistency with Procedure No. 426, incompleteness of the information provided, violation of legal requirements when making a decision/protocol, etc. It is especially difficult for novice businessmen to collect a complete package of documents the first time, to act strictly in accordance with the requirements of the law. In order not to waste time and money, contact the specialists of "RegService - registration of the issue of shares". You can arrange a consultation with a lawyer by calling us or by leaving an online application.
HOW WE WORK❓
- Consultation Payment Documentation Transfer of documents
WHAT YOU PAY FOR❓
The cost of our services is fixed. It is calculated taking into account ALL the necessary procedures and costs.
WHAT WE GUARANTEE❓
We guarantee that the registration will be executed in accordance with the deadlines set at the conclusion of the contract about the providing of services.
WHAT YOU GET AS A RESULT❓
Сertificate of registration of securities issue;
Prospectus of share issue.
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