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The bond offering process is an important step to help businesses mobilize capital quickly and effectively from the financial market. With consulting services from Long Phan, businesses will receive comprehensive support from planning, legal appraisal to implementing the offering strategy. This not only ensures compliance with legal regulations but also optimizes opportunities to reach potential investors, helping businesses increase financial resources and promote sustainable development.
Pursuant to Clause 3, Article 4 of the Law on Securities 2019, bonds are a type of security that confirms the legal rights and interests of the owner of a portion of the debt of the issuing organization.
Conditions for bond issuance are specified in Clause 1, Article 2, Article 9 of Decree 153/2020/ND-CP, specifically:
Types of businesses allowed to issue shares are joint stock companies and limited liability companies established and operating under Vietnamese law. There are also some conditions:
Pursuant to Point a, Clause 2, Article 11, Clause 2, Article 12, Decree 153/2020/ND-CP (amended by Clause 9, Article 1, Decree 65/2022/ND-CP), bond offering documents include:
For offerings of convertible bonds, bonds with warrants of public companies, securities companies, and securities investment fund management companies, in addition to the above documents, the bond offering dossier also includes:
For secured bonds, in addition to the documents on the bond offering dossier, it must include documents on the legal status of the secured assets, and documents on the valuation of the secured assets by an organization with an appraisal function prices and documents on the registration of security interests in accordance with the law on the registration of security interests, documents and information on the payment order of investors holding bonds when disposing of security assets guarantee to pay the debt.
For bonds offered in multiple installments, it is necessary to add:
Pursuant to Clause 2, Article 11 of Decree 153/2020/ND-CP, the steps for offering bonds are:
Step 1: The enterprise sends 01 set of bond offering documents to the State Securities Commission.
Within 10 days from the date of receipt of complete and valid documents, the State Securities Commission approves in writing. In case of refusal, the State Securities Commission shall respond in writing and clearly state the reason.
Step 2: After the State Securities Commission approves, the enterprise discloses information before the offering and organizes the bond issuance. The proceeds from the offering must be transferred to a blocked account opened at a bank or foreign bank branch.
Step 3: Within 10 days from the date of completion of the offering, the enterprise reports the offering results according to the form in Appendix III issued with this Decree, accompanied by confirmation from the bank or foreign bank branch where to open an escrow account for the proceeds to the State Securities Commission.
Within 03 working days from the date of receiving the full offering results report, the State Securities Commission notifies the issuing enterprise and at the same time posts it on the website of the State Securities Commission on receipt of the offering results report.
Step 4: After the State Securities Commission announces receipt of the offering results report, the issuing enterprise releases the proceeds from the offering.
Step 5: Issuing businesses register and deposit bonds.
At Long Phan, consulting services on the bond offering process include:
Bond offering process consulting services at Long Phan provide comprehensive solutions, helping businesses issue bonds effectively and quickly. Using our services, you will receive:
In order for the bond offering process to take place quickly and smoothly, businesses must meet all conditions and procedures as prescribed by law. Your business can consider using our bond-offering process consulting service. Long Phan is committed to providing you with reputable consulting services, thereby optimally achieving your financial goals. Please contact us via hotline 0906735386 to receive detailed and dedicated advice!
Note: The content of the articles published on the website of Long Phan Investment Consulting Company is for reference only regarding the application of legal policies. Depending on the time, subject, and amendments, supplements, and replacements of legal policies and legal documents, the consulting content may no longer be appropriate for the situation you are facing or need legal advice on. In case you need specific and in-depth advice according to each case or incident, please contact us through the methods below. With our enthusiasm and dedication, we believe that Long Phan will be a reliable solution provider for our clients.
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