Shares as collateral, can t the company increase its capital? 200

Publicly traded companies"Go long"The main manifestations are: overall listing, capital increase and share expansion, capital debt settlement, mergers and acquisitions, high performance, high transfer of share capital, etc.

Experts believe that the share reform has eliminated the fundamental institutional obstacles to the development of China's capital market, built a relevant interest base between different shareholders of listed companies, and created favorable market conditions for listed companies to become better and stronger. This could be some listed companies and their major shareholders"Go long"motivation. In some companies, based on the consideration of increasing the proportion of shares held by listed companies, major shareholders have adopted the strategy of actively promoting the capital increase and share expansion of listed companies, injecting a large amount of assets into listed companies or subscribing for private placement of shares by listed companies.

In addition, whether it is based on the need to cash out the shares of listed companies in the future, or the consideration of using the shares of listed companies as collateral and guarantee objects, it is extremely beneficial for major shareholders and executives who own shares of listed companies to raise the stock price of listed companies. Therefore, listed companies and their major shareholders to do high performance, high transfer of share capital and other behaviors, may contain the motive of raising the stock price of listed companies and cashing out in the future.

Publicly traded companies"Go long"What are the consequences of your actions? Experts said that as long as the assets listed as a whole, the assets of major shareholders to increase their shares, and the assets of listed companies to replace and reorganize are high-quality assets and the price is fair and reasonable, as long as the high proportion of listed companies to transfer share capital has sufficient performance support and growth support, these"Go long"The practice of listed companies is conducive to improving the quality of listed companies, and thus to the development of the capital market.

But experts also point out that the violations are only short-term"Theme"Hype meaning"Go long"Risks that could lead to skyrocketing**.

Experts also said that after the share reform, some companies are in"Xiao Fei"with"Big Wrong"**Under pressure, it can still continue to be substantial**, for many reasons, which are also active with the major shareholders of listed companies and their executives"Go long"Matter. Some stocks have skyrocketed, and the main ones are"Go long"Market reaction of listed companies. Once this kind"Go long"The behavior of listed companies cannot be sustained, and the benefits cannot be highlighted, and they appear"Big Wrong"When the actual listing liquidity pressure, its stock price may appear to be the most risky.

It is possible to increase the capital and apply to the financial institution of the mortgage in advance. Just follow the regulations of the financial institution. The formalities are not very troublesome. As a financial institution, I want you to increase investment, and it is impossible to reduce capital.

The pledged shares can be issued as collateral from the pledged units. In fact, such a capital increase has no concrete significance. Proof of use of the financing obtained under the mortgage. You can't use financing to increase capital!

1) It is the situation in which the company where the equity is located increases the registered capital.

After the equity is pledged, the company where the equity is located can increase the registered capital and handle the registration of the change of registered capital. If the capital is increased according to the original proportion, the equity held by the pledged shareholder increases, but the proportion of the equity held in the registered capital does not change. The pledged equity is still in accordance with the pledge contract and the amount specified in the equity pledge registration, and has not changed.

If the debt is not paid off when due, the pledgee can still exercise the pledge right on the pledged equity; If the capital is not increased according to the original proportion, the equity held by the pledged shareholder shall remain unchanged or increase, and the proportion of the equity held in the registered capital shall change. However, the registration item of equity pledge is the amount of equity, not the proportion of equity.

2) It is the situation where the equity is located to bury the company to reduce the capital of the town.

After the equity is pledged, the company where the equity is located can reduce the registered capital and handle the registration of the change of registered capital. If the reduction of the registered capital of the company leads to a corresponding reduction in the equity enjoyed by the pledged shareholder, it shall go through the registration of the change of equity pledge, and submit an application, power of attorney, amendment to the pledge contract or supplementary contract on the change of the amount of pledged equity to the original registration authority. If the reduction of the company's registered capital does not lead to a corresponding decrease in the equity enjoyed by the pledged shareholders, that is, if other shareholders reduce their capital contributions, the pledged equity has not changed.

1. Can the equity be deposited after the pledge?

According to the provisions of China's Civil Code, if the pledgor wants to transfer the equity in advance after the equity pledge, it can do so by repaying the secured debt in advance or depositing it.

Civil Code of the People's Republic of China

Article 443 [Restrictions on the Establishment and Transfer of Pledges with ** Shares and Equity Pledges] Where ** shares or equity are pledged, the pledge rights shall be established when the pledge is registered.

**After the share and equity are pledged, they shall not be transferred, except for those agreed upon by the pledgor and the pledgee. The price obtained by the pledgor from the transfer of ** shares and equity shall be paid off or deposited in advance to the pledgee.

2. Is it okay to execute the property with equity pledge?

Equity pledge execution property is not allowed, but equity can be auctioned. Equity pledge is a pledge of rights, and the pledge of movable property shall be executed for the execution of property. The pledgee may agree with the pledgor to discount the value of the pledged property, and may also receive priority compensation for the price obtained from the auction or sale of the pledged property.

Legal Difference Group Reputation Analysis: It can increase capital normally and is not affected by the pledge.

Legal basis: Civil Code of the People's Republic of China

Article 425:Where the debtor or a third party pledges its movable property to the creditor for the purpose of guaranteeing the performance of the debt, and the debtor fails to perform the due debt or the pledge is realized as agreed by the parties, the creditor has the right to receive priority in repayment of the movable property. The debtor or third party provided for in the preceding paragraph is the pledgee, the creditor is the pledgee, and the movable property delivered is the pledged property.

Article 427:To establish a pledge, the parties shall conclude a pledge contract in writing. The pledge contract generally includes the following clauses: (1) the type and amount of the secured claim; (2) the time limit for the debtor to perform the debt; (3) The name and quantity of the pledged property; (4) the scope of the guarantee; (5) The time and manner of delivery of the pledged property.

Article 434: Where the pledgee transfers the pledge without the consent of the pledgor during the period of the pledge, causing damage or loss to the pledged property, he shall be liable for compensation.

Article 440 The following rights that the debtor or a third party has the right to dispose of may be pledged: (1) bills of exchange, promissory notes or checks; (2) Bonds and certificates of deposit; (3 or feet) warehouse receipts, bills of lading; (4) The first share and equity that can be transferred; (5) Property rights in intellectual property rights such as the exclusive right to use registered trademarks, patent rights, and copyrights that can be transferred; (6) existing and future accounts receivable; (7) Other property rights that laws and administrative regulations provide may be pledged.

The increase in the registered capital of the company has nothing to do with the equity pledge of the company, and the equity pledge of the company does not affect the increase of the registered capital of the company. If the company increases the registered capital, the shares of the limited liability company shall subscribe to the capital contribution of the new capital and the shareholders of the shares shall subscribe for the new shares in accordance with the relevant provisions of the Company Law on the establishment of a limited liability company and the payment of capital contributions and shares. If the shares increase the registered capital through the public issuance of new shares or the listed company increases the registered capital through the non-public issuance of new shares, it shall also submit the approval documents of the ***** supervision and management agency.

Articles 178, 179 and 10 of the Company Law of the People's Republic of China.

Article 10 of the Provisions on the Administration of Registration of Registered Capital of Companies.

Since there is no mandatory requirement for the company's capital increase in China's company law, the increase of registered capital is determined by the company itself, and the equity pledge does not affect the company's qualifications.

1. What is the process and cost of the company's capital increase?

The process of the company's capital increase is to hold a general meeting of shareholders, amend the articles of association, open a capital verification account, issue a capital increase verification report and submit it to the industrial and commercial department, and transfer the capital increase verification account to the basic account.

If the sum of the company's capital increase fee and the original registered capital of the enterprise does not exceed 10 million yuan, the registration fee will be charged at 1 for the increased part; If it exceeds 10 million yuan, the excess part shall be charged a registration fee.

2. What is the company's capital increase?

The company's capital increase refers to the company's behavior of increasing the registered capital in accordance with the law in order to expand the scale of operation, broaden the business, and improve the company's credit level. The company's capital increase is divided into the following two situations:

1. Passive capital increase of enterprises. If the company is registered first to 20 and the remaining Zhaoqiao is auctioned, the registered capital of 80 shall be made up within two years after registration; Some projects require funding;

2. Enterprises take the initiative to increase capital. If the capital of the enterprise is consistent with the registered capital, the enterprise shall expand the registered capital through capital increase.

If the registered capital of an enterprise legal person or a foreign-invested enterprise increases, and the sum of the increased part and the original registered capital does not exceed 10 million yuan, the registration fee shall be charged at 0 8% of the increase in the calculation of the added part; If it exceeds 10 million yuan, the registration fee will be charged at 0.4% of the excess part; If it exceeds 100 million yuan, the registration fee will no longer be charged.

3. Procedures for the change of the company's capital increase and industrial and commercial changes.

Industrial and commercial change procedures for the company's capital increase:

1. The company holds a shareholders' meeting. The shareholders agreed to the company's capital increase, and issued a resolution of the shareholders' meeting and the articles of association.

2. Open a capital verification account.

3. Confirmation of capital increase capital receipt.

4. The company issues a capital increase verification report and submits it to the industrial and commercial department.

5. The company will transfer the capital increase verification account to the basic account.

Article 178 of the Company Law of the People's Republic of China: When a limited liability company increases its registered capital, the capital contribution subscribed by the shareholders for the new capital shall be implemented in accordance with the relevant provisions of this Law on the payment of capital contributions for the establishment of a limited liability company.

When the shares are issued to increase the registered capital, the shareholders subscribe for the new shares, and the relevant provisions of the payment of shares are implemented in accordance with the relevant provisions of this law.

Legal analysis: Since China's company law has no mandatory requirements for the company's capital increase, the increase of registered capital is determined by the company, and the equity pledge does not affect the company's qualifications, and the capital increase can be carried out.

Legal basis: Article 178 of the Company Law of the People's Republic of China When a limited company or a liability company increases its registered capital, the capital contribution of shareholders subscribing to the new capital shall be implemented in accordance with the relevant provisions of this Law on the payment of capital contributions by a limited liability company.

When the shares are issued to increase the registered capital, the shareholders subscribe for new shares, and the relevant provisions of the payment of shares for the establishment of a limited company in accordance with this law shall be implemented.