Chương IV Thông tư 96/2020/TT-BTC : Công bố thông tin của tổ chức phát hành trái phiếu doanh nghiệp ra công chúng, tổ chức niêm yết trái phiếu doanh nghiệp và tổ chức phát hành thực hiện chào bán cổ phiếu lần đầu ra công chúng

Chapter IV

INFORMATION DISCLOSURE BY ORGANIZATIONS MAKING PUBLIC OFFERING OF CORPORATE BONDS, ORGANIZATIONS THAT HAVE CORPORATE BONDS LISTED AND ISSUERS MAKING INITIAL PUBLIC OFFERING OF SHARES

Article 19. Information disclosure by organizations making public offering of corporate bonds

1. The organization making public offering of corporate bonds shall disclose information about its public offering of corporate bonds in accordance with regulations on public offering of corporate bonds.

2. The organization making public offering of corporate bonds shall disclose the following information:

a) It shall periodically disclose information about its annual financial statements audited by an accredited audit organization, annual report and resolution of the annual GMS (if the issuer is a joint-stock company) from the end of the public offering of bonds until the completion of payment for bonds as prescribed in Clauses 1, 2 and 3 Article 10 of this Circular;

b) In case funds are raised for executing investment projects, the issuer shall periodically disclose information about the audited report on use of funds raised from the offering/report on fund use progress from the end of the public offering of bonds until the completion of payment for bonds or disbursement of raised funds in full, whichever comes first. To be specific:

The organization making public offering of bonds shall provide detailed notes on the use of funds raised from the offering in its annual financial statements accredited by auditors or concurrently disclose the report on use of funds raised from the offering accredited by auditors and its annual financial statements audited and reported at the annual GMS or the annual meeting of the Board of Members;

Every 06 months, the issuer must disclose information about the progress of use of funds raised from the offering within 05 working days from the end of the reporting period;

c) The organization making public offering of corporate bonds shall disclose information about the payment of bond principal and interest according to the form prescribed in Appendix VI enclosed herewith within 30 days from the end of 06 first months of the year and the end of the calendar year;

d) It shall disclose information on ad hoc basis upon the occurrence of any of the events prescribed in Clause 1 Article 11 of this Circular and  must specify the event, reasons and remedial solutions (if any);

dd) In case of issuance of non-mandatory convertible bonds, the issuer must send notification to each bondholder and disclose information about time, ratio, prices, and location of conversion registration within 01 month before the date of bond conversion;

e) Disclosure of information on request shall be made according to Article 12 of this Circular.

Article 20. Information disclosure by organizations that have corporate bonds listed

1. If the organization that has corporate bonds listed is a public company, it shall disclose information according to Articles 10, 11, 12 and 13 of this Circular.

2. If the organization that has corporate bonds listed is an organization that has shares listed or a large-scale public company, it shall disclose information according to Articles 14, 15, 16 and 17 of this Circular.

3. If an organization that has corporate bonds listed is not an entity prescribed in Clause 1 and Clause 2 of this Article, it shall disclose information from the time corporate bonds are listed until bonds are fully paid for or corporate bonds are delisted, whichever comes first. To be specific:

a) Information about annual financial statements which have been audited by an accredited audit organization and annual report shall be periodically disclosed in accordance with Clause 1 and Clause 2 Article 10 of this Circular;

b) Ad hoc information disclosure shall be made upon occurrence of any of the events mentioned in Article 15 of this Circular (Board of Directors shall be replaced with the Board of Members if it is a limited liability company);

c) Disclosure of information on request shall be made according to Article 12 of this Circular.

Article 21. Information disclosure by issuers that make initial public offering of shares

1. An issuer that makes initial public offering (IPO) of shares shall disclose information about its IPO of shares in accordance with regulations on IPO of shares.

2. After completing the IPO, the issuer whose equity is VND 120 billion or more shall disclose information according to Articles 14, 15, 16 and 17 of this Circular.