Article 4: Statement and assurance of the cedant: a capital contribution agreement is concluded between two parties who agree to merge in cash, capital and other assets within the same company to carry out transactions. The capital is provided in exchange for a portion of the company`s equity. An agreement on equity must be included: Under the Investment Act 2014, foreign investors who wish to hold more than 51% of the chartered capital must carry out registration procedures for the purchase of shares. The transfer of the company to a foreigner means that the person holds 100% of the company`s chartered capital, so this procedure must be carried out before the transfer. Article 1. The purpose of the transferred contract – it pays in full and on time in accordance with this agreement; As a general rule, for companies that are supposed to strike, steps are taken in advance to simplify their balance sheets. Typically, this is equity (where companies have a substantial share premium), dividend reporting and/or measures to deal with intra-group balances. – The purchaser must fulfill all rights and obligations as an integral part (name of the company) after the performance of all obligations arising from this contract. Restructuring usually involves the transfer of assets that may be holdings in another entity in the group or the activities of another entity in the group, from one company in the group to another. The transferor declares and assures him on the day of the signing of the contract: Payment is made immediately after the signing by both parties in this agreement.
While the description suggests something else, a capital injection does not involve the issuance of new equity, and the Companies Act 2006 does not refer to capital inflows. As a result, corporate law does not regulate the conditions under which the contribution is made. Similarly, corporate law does not limit the use of the capital contribution, which is the fact that the contribution is not part of the share capital paid out of the company. After disagreements, the two parties agree to sign the under-piloted capital transfer agreement with the following detailed articles as follows: Part A accepts the capital contribution of …. USD equivalent to …. VND of …. % of the total charter capital of …. (company name) in accordance with the transfer agreement no…./2019/HDCNVG of the ……. 2019. An intra-group asset transfer to a parent company or subsidiary of book value must comply with the rules on in-kind benefits.
Transfers at market value are outside these rules. – the purchaser is not responsible for all debts and assets (the name of the company) that were incurred before the registration date for its presence of name in the operating registration certificate. When you transfer the paid-up capital to the other entity, you will need a free capital transfer agreement to guarantee your rights and obligations in the transaction and complete changes to the content of the company`s registration.