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Legal analysis: Yes, according to the provisions of China's ** law, eligible shares can be used for corporate bonds through the ** market, and the funds raised by public issuance of corporate bonds must be used for approved purposes. The funds raised by the public issuance of corporate bonds must be used in accordance with the purpose of funds listed in the measures for raising corporate bonds, and must be resolved by the meeting of bondholders.
The funds raised by the public issuance of corporate bonds shall not be used to cover losses and unproductive expenses. In addition to meeting the conditions specified in the first paragraph, the issuance of corporate bonds by listed companies that can be converted into ** shall also comply with the provisions of the second paragraph of Article 12 of this Law. However, in accordance with the measures for raising corporate bonds, the listed company converts corporate bonds by acquiring the company's shares.
The issuance method of corporate bonds is the same as that of **, according to the different buyers, the issuer can choose to announce the sale of the offering and the private offering of the issuer is different, the issuer can choose direct issuance and indirect issuance.
Legal basis: Article 15 of the ** Law of the People's Republic of China ***** supervision and administration shall be responsible for approving the application for issuance of ** in accordance with the statutory conditions. The approval procedures shall be open and subject to supervision in accordance with law.
The personnel involved in the issuance application shall not have an interest in the issuance application unit; shall not accept gifts from the issuing applicant; shall not hold the approved issuance application**; Do not contact the issuing applicant in private. The examination and approval of the application for the issuance of corporate bonds by the department authorized by the State Council shall be carried out with reference to the provisions of the preceding two paragraphs.
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Shares ****, limited liability company.
The company's issuance of bonds needs to meet the following requirements: the net assets of the shares are not less than RMB 30 million, the net assets of the limited liability company are not less than RMB 60 million, and the cumulative balance of corporate bonds does not exceed 40% of the net assets at the end of the latest period.
According to the relevant provisions of the "** Law", "Company Law" and the "Measures for the Pilot Offering of Public Imitation Closed Division Bonds", the issuance of corporate bonds shall meet the following conditions:
1. The net assets of the shares **** shall not be less than RMB 30 million, and the net assets of the limited liability company shall not be less than RMB 60 million.
2. The cumulative balance of corporate bonds after the issuance shall not exceed 40% of the net assets at the end of the latest period; The cumulative balance of corporate bonds of financial companies shall be calculated in accordance with the relevant regulations of financial enterprises.
3. The company's production and operation comply with the provisions of laws, administrative regulations and the articles of association, and the investment of raised funds is in line with the national industrial policy.
4. The average annual distributable profit realized in the last three fiscal years shall not be less than the interest of the corporate bond for one year.
5. The interest rate of the bond shall not exceed the interest rate level set by the National Nu Yuan.
6. The company's internal control system is sound, and there are no major defects in the integrity, rationality and effectiveness of the internal control system.
7. Rated by credit rating agencies, the credit rating of bonds is good.
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What is Corporate Bond? Enterprise bond is the abbreviation of corporate bond, which refers to the bond issued by enterprises engaged in economic activities such as production, transportation and so on. To participate in GEM investment, you must understand the GEM trading rules.
According to the provisions of the "Company Law", the enterprises that can issue corporate bonds can only be shares **** and limited liability companies, compared with which, the scope of enterprises is much larger than that of companies. The issuance of corporate bonds in China is mainly based on the Regulations on the Administration of Enterprise Bonds promulgated in 1993. It is mainly divided into local enterprise bonds, key enterprise bonds, corporate bonds with coupons, certificate of deposit corporate bonds with interest and principal repayment, product quota corporate bonds and corporate short-term financing bonds.
The issuer of enterprise bonds is issued by an institution affiliated to the **** department, a wholly state-owned enterprise or a state-controlled enterprise, and its restrictions on the issuer are narrower than those of corporate bonds. The funds raised from the issuance of bonds are mainly limited to investment in fixed assets and technological innovation and transformation, and the technical analysis software is directly related to the approval projects of the department. The interest rate of corporate bonds shall not be higher than 40% of the bank deposit interest rate in the same period, thus limiting the scale of their issuance; The interest rate of corporate bonds is mainly determined by the issuer through market inquiry according to its own interests, market interest rates and economic trends, and a credit rating mechanism has been introduced.
Corporate bonds have a fixed interest rate and no option, and there are only differences in maturity, interest rate and repayment of principal and interest between various types of corporate bonds.
Generally, the single amount of transactions in this market is relatively large, so the trading methods are also different, and the trading on the exchange is matched through the trading system, and the delivery and liquidation of bonds are automatically completed. The inter-bank bond market transaction is a transaction through the inquiry transaction between the two parties, and the two parties independently complete the bond settlement and fund clearing, which is a face-to-face transaction between the two banks bargaining with each other; At first, the inter-bank bond market trading bond trading system provides two forms: open and quiet, and dialogue, the two parties to the transaction through the trading system to format the inquiry, reach an agreement to confirm the transaction, and then according to the settlement path agreed by the two parties, self-liquidation, the introduction of electronic ** driven trading.
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Corporate bond refers to a kind of loan certificate issued by a joint-stock company in accordance with legal procedures for the purpose of increasing capital within a certain period of time, and agrees with the holder of the bond to repay the principal and interest within a fixed period. For bondholders, it is equivalent to a certificate of loan to the company, which reflects only an ordinary creditor-debtor relationship, and the holder of the company's bonds is a creditor of the company. In addition, although the holder of the bond does not have the right to participate in the management activities of the joint-stock company, it can charge the company a fixed interest every year according to the provisions of the coupon, and this interest must precede the dividend to the shareholders in the order of interest collection, and if the joint-stock company goes bankrupt, the principal of the purchased bonds can also be recovered preferentially when the debts are repaid.
Corporate bonds generally have a longer maturity of more than 10 years. As long as the bond matures, the joint-stock company must repay the principal and redeem the bond.
Company Law of the People's Republic of China
Article 154 The term "corporate bonds" as used in this Law refers to valuable bonds issued by a company in accordance with legal procedures and agreed to repay principal and interest within a certain period of time. The issuance of corporate bonds by the company shall comply with the issuance conditions stipulated in the ** Law of the People's Republic of China.
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Corporate bonds refer to the valuable bonds issued by the public and dry wheel companies in accordance with legal procedures, and it is agreed that the principal and interest will be repaid within a certain period of time. It is recommended that Huatai**Investor Education Base*** or Huatai**'s Tongluo one-stop wealth management platform - "Fortune Pass" learn financial knowledge.
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