Mục III Thông tư 118/2020/TT-BTC: Đăng ký công ty đại chúng, hủy tư cách công ty đại chúng

Section III

REGISTRATION AND DELISTING OF PUBLIC COMPANIES

Article 6. Model information disclosure statement about a public company

The model information disclosure statement about a public company is provided in Appendix No. 34 enclosed herewith.

Article 7. Application for registration of a public company after full or partial division, consolidation or merger

An application for registration of a public company after full or partial division, consolidation or merger includes:

1. The documents specified in Points a, b, c, d and e Clause 1 Article 33 of the Law on Securities.

2. The latest annual financial statements of the joint-stock company established after full or partial division or consolidation, which have been audited by an independent audit organization. If the latest annual financial statements are not available at the time of application for public company registration because the company does not yet operate for a full fiscal year, the latest annual financial statements included in the application shall be replaced with the financial statements of the latest period which have been audited b an independent audit organization.

3. The latest annual financial statements of a joint-stock company established after the merger, which have been audited by an independent audit organization.  In case the company established after the merger applies for enterprise registration after the end of the latest fiscal year, the audited financial statements of the latest period are required.

Article 8. Delisting of a public company in case of reorganization, dissolution or bankruptcy

1. Delisting of a public company due to full division, consolidation, merger (the public company is an acquired company), dissolution or bankruptcy:

a) The public company shall submit reports and disclose information about the reorganization, dissolution or bankruptcy in accordance with regulations on disclosure of information on securities market;

b) After the legal status of the public company is updated on the national enterprise registration database or the court issues a decision to declare bankruptcy, SSC shall consider and announce the delisting of the public company on its media.

2. Delisting of a public company in case of revocation of enterprise registration certificate:

a) The public company whose enterprise registration certificate is revoked shall submit reports and disclose information in accordance with regulations on disclosure of information on securities market;

b) SSC shall consider delisting the public company within 180 days from the receipt of the report on the revocation of the enterprise registration certificate;

c) Upon the end of the time limit specified in Point b of this Clause, SSC shall announce the delisting of the public company on its media.

3. Delisting of a public company due to partial division or merger (the public company is the acquiring company):

a) Procedures and application for delisting of a public company in case of partial division or merger (the public company is the acquiring company) shall comply with Article 38 and Article 39 of the Law on Securities;

b) SSC shall notify the public company of its delisting within 15 days from the receipt of its adequate and valid application, and also announce the delisting on its media.

4. Delisting of a public company due to conversion of a joint-stock company into a limited liability company:

a) The public company that is issued with an enterprise registration certificate due to conversion of business type shall submit reports and disclose information in accordance with regulations on disclosure of information on securities market;

b) After receiving reports and information disclosed as prescribed in Point a of this Clause, SSC shall consider and announce the delisting of the public company on its media.