Circular No. 93/2005/TT-BTC dated October 21, 2005 of the Ministry of Finance providing guiding amendment of the Circular 60/2004/TT-BTC dated June 18, 2004 of the Ministry of Finance guiding on public issues of shares

CIRCULAR

PROVIDING GUIDING AMENDMENT OF THE CIRCULAR 60/2004/TT-BTC DATED 18 JUNE 2004 OF THE MINISTRY OF FINANCE GUIDING ON PUBLIC ISSUES OF SHARES

Pursuant to the Decree No. 77/2003/ND-CP dated 1 July 2003 of the Prime Minister regulating the functions, tasks, power and organizational structure of the Ministry of Finance;

Pursuant to the Government's Decree No.144/2003/ND-CP dated 28 November 2003 on securities and securities markets;

In order to settle difficulties arising in the issuance of shares to the public, the Ministry of Finance hereby provide guiding amendment of a number of articles of the Circular 60/2004/TT-BTC dated 18 June 2004 of the Ministry of Finance guiding on public issues of shares as follows:

1. To amend Clause 2.2.2, Part II as follows:

“2.2.2 In the case of an organization registering the issue distributes  shares in order to pay a dividend or distributes bonus shares in order to increase charter capital from owner's equity, the application file for registration of the issue shall comprise the data specified in sub-clauses (a) and (b) of clause 2.2.1 above plus demonstration on the legal source of funds used to make the additional issue of such number of shares; the issuing organization shall not be requested to include tax finalization document in the application file.”

2. To amend Clause 3.1.2, Part II as follows:

“3.1.2 In the case of registering to purchase all shares of an issue for re-selling, underwriting organization shall only be permitted to underwrite one issuing tranche with a total value of shares not exceeding thirty (30) per cent of the equity of such underwriter. Equity in this clause means the equity stated in the most recent audited financial statements prior to the date of lodging the application, and the share value permitted to be underwritten shall be calculated at issuing price.”

This Circular shall takes its effect 15 days since the date of its publication in the Official Gazette.

Ministers, Heads of Ministerial-level agencies, Government agencies, Chairmen of provincial and municipal people committees Chairman of the Board of Management and Director (Director General) of issuing organizations, securities companies and heads of relevant units shall bear responsibility to implement this Circular./.