Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password

You are not connected. Please login or register

ok? NEW shares only to some share holders

Go down  Message [Page 1 of 1]

1 ok? NEW shares only to some share holders on Mon May 09, 2016 4:01 pm


Reclusion Perpetua
Asuming it's a business approved by SEC to get investments from the public, and it has similar business allready.

Is it ok to offer NEW shares only to SOME of the share holders?

(The reason is there can be bargain offers avalaible SUDDENLY, which suit to exband the business, so money to buy it is needed FAST, but the company don't have capital for such available, because it isn't suppoused to have any much not working capital. But some of the shareholders can have assets which can be fast turned to capital. (This would be offered to SAME shareholders, who guarantee all new shares will be sold* when shares are added to add capital to the company, when it isn't in a hurry to add capital.
* By they guarantee to buy the rest of the shares, if some of the other shareholders don't use their option to get some of the new shares.

I suppouse the hasty can be needed when it's land or USED high cost equipment,
while additional capital for building or for NEW equipment can be planed ahead, so it can be offered to all shareholders.

The plan is:
The EXCISTING shares are connected to OPTIONS to participate in different projects if wanting too, BUT IF there will be a HASTY offer to only some of the share holders, then these new shares will NOT have such options, because the new related project isn't ready yet. That's why these new shares will be offered for less than the excisting shares but to similar value as the excisting shares had back when they were in similar situation
(=No option, because the related project wasn't ready to start yet.) (I mean IF such bargains can be found again. If the new bargain is less good than the old, then the new shares will cost enough to cover the cost to buy the bargain, and the amount of shares will be so each shares will "have assets" equal to what the old share's assets are worth to use for the COMPANY. That's why some offers at the market can be bargains by they are worth more for the company/share holders than the asked price.)

AFTER the new project is ready, then the new shares HAS TO be offered to the other shareholders first. Now it's with the connected with the ready to start new project, so the price will be higher. So them who paid these new shares, will earn some extra - IF anyone else will pay more. The other shareholders will not pay more than what they find the shares worth anyway Smile
The PROJECT money will go to the company.
NOTE! This new capital is NOT allowed to be used up for the daily business, it's ONLY allowed to be used for ADDING ASSETS which the company can exband with, so the old shares will have similar value as they had before anyway.

Are there any reason this wouldn't be legal?

Is approval from SEC needed concerning asking capital from the public needed
1. ONCE for the company?
2. or EACH TIME the company own capital is exbanded?

Thank you.

View user profile

Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum