Circular No. 26/2012/TT-NHNN dated September 13, 2012 of the State Bank of Vietnam guiding the approval procedures of the State Bank of Vietnam for listing shares of joint-stock credit institutions on the domestic and foreign securities market

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Circular No. 26/2012/TT-NHNN dated September 13, 2012 of the State Bank of Vietnam guiding the approval procedures of the State Bank of Vietnam for listing shares of joint-stock credit institutions on the domestic and foreign securities market
Issuing body: State Bank of Vietnam Effective date:
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Official number: 26/2012/TT-NHNN Signer: Dang Thanh Binh
Type: Circular Expiry date: Updating
Issuing date: 13/09/2012 Effect status:
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Fields: Finance - Banking , Securities

SUMMARY

CONDITION FOR LISTING SHARES IS THE BAD DEBT RATIO < 3% IN 02 QUARTERS

This is one of the conditions for credit institutions to list joint-stock credit institutions on the securities market as prescribed under the Circular No. 26/2012/TT-NHNN dated September 13, 2012 of the State Bank of Vietnam guiding the approval procedures of the State bank of Vietnam for listing shares of joint-stock credit institutions on the domestic and foreign securities market.

Besides the conditions of the bad debt ratio < 3% compared to the total outstanding debt at the end of the quarter in 02 quarters preceding the quarter when they apply. Joint-stock commercial banks; Joint-stock financial companies; Joint-stock finance leasing companies must comply with other conditions for listing joint-stock credit institutions on the securities market.

Specifically, the shortest operation time is 02 years at the time of applying; the actual value of the charter capital at the time of applying is not lower than the legal capital as prescribed by current law provisions; the business is profitable according to the audited consolidated Financial statements and audited separate Financial statements in 02 consecutive years prior to the year when they apply; Within 12 months prior to the time of applying, the joint-stock credit institution must not incur total fines of 30 million VND or more for administrative violations of finance and banking.

The Circular shall take effect on October 29, 2012 and replace the Decision No. 787/2004/QD-NHNN dated June 24, 2004. 
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Effect status: Known

 

THE STATE BANK OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 26/2012/TT-NHNN
Hanoi, September 13, 2012
 
CIRCULAR
GUIDING THE APPROVAL PROCEDURES OF THE STATE BANK OF VIETNAM FOR LISTING SHARES OF JOINT-STOCK CREDIT INSTITUTIONS ON THE DOMESTIC AND FOREIGN SECURITIES MARKET
 
Pursuant to the Law on the State bank of Vietnam No. 46/2010/QH12 dated June 16, 2010;
Pursuant to the Law on credit institutions No. 47/2010/QH12 dated June 16, 2010;
Pursuant to the Law on Securities No. 70/2006/QH11 dated June 29, 2006; the Law on amending and supplementing a number of articles of the Law on Securities No. 62/2010/QH12 dated November 24, 2010;
Pursuant to the Government's Decree No. 58/2012/NĐ-CP dated July 20, 2012, detailing and guiding the implementation of a number of articles of the Law on Securities and the Law on amending and supplementing a number of articles of the Law on Securities;
Pursuant to the Government's Decree No. 96/2008/NĐ-CP on August 26, 2008 defining the functions, tasks, powers and organizational structure of the State bank of Vietnam;
At the request of the Chief banking inspector and supervisor,
The Governor of the State bank of Vietnam promulgates the Circular guiding the approval procedures of the State bank of Vietnam (hereinafter referred to as the State bank) for listing shares of joint-stock credit institutions on the domestic and foreign securities market
Chapter 1.
GENERAL PROVISIONS
Article 1. Scope of regulation
This Circular guides the approval procedures of the State bank for listing shares of joint-stock credit institutions on domestic and foreign securities market (hereinafter referred to as listing on the securities market)
Article 2. Subjects of application
1. The joint-stock credit institutions, including:
a) Joint-stock commercial banks;
b) Joint-stock financial companies;
c) Joint-stock finance leasing companies.
2. Organizations and individuals related to the listing of shares of joint-stock credit institutions on the securities market.
Article 3. The rules for making the application for the approval for the listing on the securities market
1. The credit institution must make the application in Vietnamese. The Vietnamese copies and Vietnamese translations must be authenticated by competent agencies as prescribed by law.
2. The application for the approval for listing a joint-stock credit institution on the securities market must be signed by the its legal representative. The legal representatives of the joint-stock credit institution may authorize another person to sign.
3. The application of the joint-stock credit institution must be sent to the State bank (the Banking inspection and supervision department) directly or by post.
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