ADJUSTMENT OF STATE-OWNED ENTERPRISE’S CHARTER CAPITAL
On May 26, 2021, the Ministry of Finance issues the Circular No. 36/2021/TT-BTC guiding a number of contents regarding investment of state capital in enterprises and management and use of capital and assets at enterprises as prescribed in the Government's Decree No. 91/2015/ND-CP dated October 13, 2015; the Government's Decree No. 32/2018/ND-CP dated March 08, 2018; the Government's Decree No. 121/2020/ND-CP dated October 09, 2020, and the Government's Decree No. 140/2020/ND-CP dated November 30, 2020.
Accordingly, enterprises of which the State holds 100% of charter capital that do not need to supplement charter capital or do not prepare a plan to determine charter capital and charter capital supplement investment source shall pay the difference between the equity and the charter capital into the state budget. The owner-representing agencies shall review, decide and direct the enterprises in implementation. Within 10 days after the owner-representing agencies make decisions, the enterprises shall remit the difference between the enterprises’ equity and charter capital into the state budget, and at the same time, account for reduction of owner’s investment capital.
Regarding charter capital upon addition of state investment capital at joint stock companies and limited liability companies with two or more members: The owner-representing agency shall direct enterprises to register the increased capital, and at the same time, issue a writing notice on the total value of the state capital actually invested and the number of stocks held by the state shareholders within 01 month after an increase in the charter capital has been made.
This Circular takes effect on July 10, 2021.
