In real life, many companies that meet the listing conditions will choose to go public to raise funds, one of the important channels for the company's financing on the listing, and after the company is listed, if it meets certain conditions, it can issue new shares, so the conditions for the company to issue new shares should be met
Netizen consultation:
What are the conditions that should be met for the company to issue new shares
Lawyer answers:
The company has the following conditions for issuing new **:
1) Have a sound and well-functioning organizational structure;
2) Have the ability to continue operations;
3) The financial and accounting reports of the last three years have been issued with unqualified audit reports;
4) The issuer and its controlling shareholder and actual controller have not committed any criminal offenses of bribery, embezzlement of property, misappropriation of property or undermining the order of the socialist market economy in the past three years;
5) Other conditions stipulated by the supervision and management agency approved by the first country.
The issuance of new shares by listed companies shall meet the conditions stipulated by the first-class supervision and management agency approved by the state-of-the-art supervision and management agency, and the specific management measures shall be prescribed by the first-class supervision and management agency.
The public issuance of depositary receipts shall meet the conditions for the initial public offering of new shares and other conditions stipulated by the regulatory authority.
Lawyer adds:
The company shall submit an application for raising shares and the following documents for public issuance of new shares:
1) The company's business license;
2) Articles of Association;
3) Resolution of the General Meeting of Shareholders;
4) Prospectus or other public offering documents;
5) Financial Accounting Report;
6) The name and address of the bank collecting the shares.
Where a sponsor is hired in accordance with the provisions of this Law, a letter of sponsorship issued by the sponsor shall also be submitted. Where underwriting is carried out in accordance with the provisions of this Law, the name of the underwriting institution and the relevant agreement shall also be submitted.
[Laws and Regulations].
** Law of the People's Republic of China
Article 12 The company's initial public offering of new shares shall meet the following conditions:
1) Have a sound and well-functioning organizational structure;
2) Have the ability to continue operations;
3) The financial and accounting reports of the last three years have been issued with unqualified audit reports;
4) The issuer and its controlling shareholder and actual controller have not committed any criminal offenses of bribery, embezzlement of property, misappropriation of property or undermining the order of the socialist market economy in the past three years;
5) Other conditions stipulated by the supervision and management agency approved by the first country.
The issuance of new shares by listed companies shall meet the conditions stipulated by the first-class supervision and management agency approved by the state-of-the-art supervision and management agency, and the specific management measures shall be prescribed by the first-class supervision and management agency.
The public issuance of depositary receipts shall meet the conditions for the initial public offering of new shares and other conditions stipulated by the regulatory authority.
Lawyer Wang Baoqi's profile
Mr. Wang graduated from Southwest University of Political Science and Law with a double master's degree. Mr. Wang is proficient in law, familiar with business, understands finance and taxation and has market awareness, has handled a large number of real estate legal affairs, and served as the perennial legal counsel of many first-class listed companies and large real estate development enterprises, with extremely rich practical experience.