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jewelry wholesale clearwater fl The number of private equity shares and the way of subscription
The private equity is characterized by its flexibility. Listed companies can control the number of issuances below a certain percentage according to their own intentions to introduce strategic investors; they can also use high -proportion of shares to make new shareholders hold more than 50 % Reverse acquisition. However, if the offer is triggered in accordance with the law, the corresponding procedure must be fulfilled. Moreover, it should be noted that the additional share capital structure must be in line with Article 152, paragraph 3 of the "Company Law". For 100 million yuan, the proportion of shares to the society is more than 15 % ".
The investors to subscribe to private equity issuances must pay cash? Can it be paid by consideration such as equity and assets? Article 80 of the current "Company Law" in China stipulates: "The promoters can contribute money with currency, or they can use physical, industrial property rights, non -patented technology, and land use rights." Investment has not been clearly stipulated. However, in practice, equity funding has been accepted by all parties. The "Administrative Measures for the acquisition of listed companies" also proposed that other securities that can be circulated can also be used as one of the payment tools acquired by listed companies. The "Provisions on Several Issues on Trial of the Company Dispute Cases" issued by the Supreme Court confirmed the effectiveness of determining the value of its value and liquid property contribution based on equity and bonds. The "Company Law (Draft)", which is drafted, has also officially stipulated that equity can be contributed as capital, that is, it can exchange shares with shares.
M part of the cash and the other part of the other part of the non -cash? Article 3 of the "Administrative Measures for the issuance of new shares of listed companies" stipulates that "new shares issued by listed companies shall be performed in cash subscription and the same price." But the law does not include private equity. Article 130, paragraph 2 of the "Company Law", "Any shares subscribed by any unit or individual shall pay the same price per share". Amount. Therefore, there can be differences in the form of consideration of subscribing to shares, which can be both cash or non -cash.
In terms of price, Article 34 of the "Administrative Measures for the acquisition of listed companies" stipulates the basic principles of the acquirer of the acquisition of listed companies: For circulating stocks, the purchase price shall be based on the market price. It is mainly based on net assets as a reference. If it is a state -owned shares, it shall not be lower than the net assets per share in accordance with the requirements of state -owned asset supervision agencies. Judging from existing cases, this is basically the case. However, it is not sure, such as Wu Gang and Baosteel's directional issuance, "non -circulating stocks" and "circulation stocks" are issued at the same price.