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The decision to increase capital

Posted: Tue Jan 07, 2025 9:21 am
by tanjimajuha20
Capital increase by conversion of debts
This method is based on a mechanism for transforming debts into capital . As part of this operation, the company's creditors agree to convert the amounts owed to them into shares. Increasing capital by converting debts is particularly useful for companies in difficulty. It provides the possibility of reducing debt while strengthening equity. This type of increase is nevertheless particularly monitored to protect the rights of creditors , shareholders and the company.

How does the denmark phone data capital increase procedure work?
As you now know, capital increase is a strategic operation that follows a procedure framed by law in order to guarantee its transparency and compliance . In the event that you should soon have to resort to this method, here are the steps to follow without fail.



This decision can only be ratified at an extraordinary general meeting . During this meeting, the shareholders will vote on a resolution specifying the terms of the transaction:

the type of increase;

the amount;

the subscription conditions.

Once voted on, this decision will lead to the modification of the company's statutes , making the operation official from a legal perspective.

Subscription of new shares
The newly issued shares will be offered to investors or shareholders. Subscriptions must respect a deadline set by the company . This notice period is provided in order to allow for a smooth organization of the operation.

The release of funds or contributions
For cash contributions, subscribers must deposit the funds in a blocked bank account in the name of the company. In the case of contributions in kind, a contributions auditor is appointed to evaluate and validate the assets contributed . These measures thus guarantee the transparency and legal compliance of the transaction.

Legal formalization
Once the transaction is completed, the company's statutes will have to be amended to reflect the new share capital . A publication in a legal announcements journal will also inform third parties. The transaction will also be registered in the trade and companies register to be legally recognized.



Legal formalities for a capital increase
To ensure the legitimacy of a capital increase , it is crucial to follow a number of strict legal procedures.

The convening of the extraordinary general meeting
The decision to increase the share capital must be validated at the extraordinary general meeting. This essential step ultimately allows shareholders to approve the transaction by a resolution specifying the terms, in particular the amount, form, deadlines and subscription conditions. Without a formal convocation and a detailed agenda , the decision may be contested, making the transaction legally fragile.