Some notes on payment of shares registered to buy

Payment of shares is an important step in the process of contributing capital and owning shares in a joint stock company. This process requires investors to comply with legal regulations and internal procedures of the business. Mastering the principles, processes and notes when paying for shares will help customers avoid legal risks, protect their rights and ensure effective investment. The article below will analyze in detail the issues related to payment of shares registered to buy.

Classify cases of payment of shares registered to buy

Payment of shares is an investor’s obligation after registering to buy shares in a joint stock company. According to the provisions of Article 113 of the Law on Enterprises 2020, there are two main cases when paying for shares:

• Payment when registering to establish a business
• Payment when carrying out share transfer procedures to increase the company’s charter capital.

In the case of establishing a new joint stock company, investors need to fulfill their share payment obligations according to regulations. This includes paying the full amount corresponding to the number of shares they have subscribed to buy. Payment must be completed before the company is granted a Business Registration Certificate. This ensures that the company’s charter capital is fully and legally formed, meeting the minimum requirements according to the law.

In case of carrying out share transfer procedures, especially when the transfer increases the company’s charter capital, investors must also fulfill their obligation to pay shares according to the agreed ratio. This payment needs to be made on time and according to regulations, to ensure that the company’s charter capital is adjusted appropriately and fully.

Process of payment of shares in the company

Preparation steps before payment

Before making payment for shares, investors need to take some important preparatory steps. First, it is necessary to determine the exact number of shares registered to buy and the amount to be paid. This information is usually clearly stated in the company charter or the Resolution of the General Meeting of Shareholders on the issuance of shares.

Next, investors need to prepare all necessary documents and other documents as required by the company. At the same time, it is necessary to confirm that the payment method is accepted by the company and in accordance with legal regulations.

Share payment procedures

The process of payment of shares is an important step in fulfilling the investor’s financial obligations when purchasing shares in a joint stock company. To ensure a smooth and legal payment process, the following basic steps should be taken:

1. Contact the company’s department in charge

Before making payment, investors need to contact the company’s department in charge to confirm information and receive specific instructions on payment procedures. This helps ensure that investors have all the necessary information about the amount to be paid, payment method, and other related requirements. The department in charge often provides information about the company’s bank account or other payment methods.

1. Make payment

After receiving instructions, the investor transfers money or pays cash according to the instructions. In case of bank transfer, it is necessary to clearly state personal information and payment purposes in the transfer content for easy tracking and verification. For cash payments, make sure the amount is paid according to the company’s instructions and receive a receipt or proof of payment.

1. Keep payment documents

Investors need to keep payment documents such as receipts, payment orders or payment slips. These documents are not only important evidence of the fulfillment of payment obligations but are also useful in cases where it is necessary to compare or resolve arising issues related to payment.

Confirm and record ownership of shares

After completing payment, the company will confirm and record the investor’s ownership of shares. Specifically:

• The Company will update information about the payment of shares in the Shareholder Register.
• Investors will receive a Share Ownership Certificate or book entry confirming ownership of the paid shares.
• In case the company has registered to trade or listed on the stock market, ownership recording will be done through the system of the Vietnam Securities Depository.

Note when carrying out procedures for payment of shares registered to buy

Pursuant to Clause 1, Article 113 of the Law on Enterprises 2020 regulating share payment procedures, investors should note the following important points:

• Shareholders must pay in full for the number of shares registered to purchase within 90 days from the date of issuance of the Business Registration Certificate, unless the company charter or the share purchase registration contract stipulates a Other shorter periods. In case a shareholder contributes capital with assets, the time for importing and carrying out administrative procedures to transfer ownership of that asset is not included in this capital contribution period. The Board of Directors is responsible for supervising and urging shareholders to pay in full and on time for shares registered to buy.

If after the above deadline, the shareholder has not paid or can only pay a part of the shares registered to buy, proceed as follows:

• Shareholders who have not paid for the shares registered to buy are automatically no longer shareholders of the company and cannot transfer the right to buy those shares to others;
• Shareholders who only pay a portion of the shares registered to buy have the right to vote, receive dividends and other rights corresponding to the number of shares paid;
• The right to buy unpaid shares is not allowed to be transferred to another person;
• Unpaid shares are considered unsold shares and the Board of Directors has the right to sell;
• Within 30 days from the end of the deadline to fully pay for the number of shares registered to buy according to the provisions of Clause 1, Article 113 of the Law on Enterprises 2020, the company must register to adjust its charter capital by the par value of the number. The shares have been paid in full, unless the outstanding shares have been sold within this period; Register to change founding shareholders.

Capital contributors officially become shareholders of the company after completing the payment to purchase shares and their information is updated in the shareholder register. The transfer of shares in a joint stock company is regulated in detail in Article 127 of the Law on Enterprise 2020, with the following specific provisions:

• Shares are freely transferable, except in the case of shares of founding shareholders and the company charter has regulations restricting the transfer of shares. If the company’s charter contains restrictions on the transfer of shares, these regulations are only effective when clearly stated in the shares of the corresponding shares.

The transfer is carried out through 02 methods:

• Contract: This method requires the transfer of shares to be done through a contract. Transfer documents need to be signed by the transferor and transferee or their authorized representatives. The transfer contract must contain all necessary information and be signed in accordance with the law to ensure the legality of the transaction.
• Transactions on the stock market: If the company’s shares are listed on the stock exchange, the transfer will be carried out in accordance with the provisions of securities law. The order and procedures for transferring shares in this case must comply with the regulations of the State Securities Commission and regulations related to securities transactions on the market.

Consulting services on payment of shares

To ensure that the share payment process goes smoothly and in accordance with the law, many investors choose to use professional consulting services. These services include:

• Consulting on providing information about legal regulations related to the payment of shares, rights and obligations of shareholders.
• Procedure support: Long Phan provides detailed step-by-step instructions, from preparing documents and necessary documents to payment processes, ensuring customers perform all operations accurately and quickly. quickly.
• Implementation representative: Long Phan will carry out all procedures quickly and accurately on behalf of the investor, helping customers feel secure about ownership and saving maximum time.
• Answering questions: Long Phan is always ready to answer all questions, provide detailed information about the share payment process and shareholder rights, helping customers make accurate decisions.
• Check and confirm: Long Phan will perform a thorough check to confirm your ownership of shares. At the same time, Long Phan is also ready to assist in resolving any arising problems, ensuring the transfer process goes smoothly and safely.

Using consulting services can help investors save time, avoid errors during the process of payment of shares, and ensure their rights are best protected.

Payment of shares is an important step in the process of investing in a joint stock company. Mastering the process, complying with legal regulations and noting key points will help customers protect their rights and optimize their investment. If you need detailed support or advice on the share payment process, please contact us via hotline 0906735386. Our team of experts is ready to support you in all related issues. relating to investment and stock management.