1. Evaluation of debt-to-equity swaps According to Article 27 of the Company Law, shareholders can make capital contributions in cash, or they can make capital contributions in kind, intellectual property rights, land use rights and other non-monetary properties that can be valued in money and can be transferred according to law; However, except for the property that cannot be used as capital contribution as stipulated by laws and administrative regulations. Non-monetary property as capital contribution shall be evaluated and verified, and its value shall not be overestimated or underestimated. Where there are provisions in laws and administrative regulations on evaluation and pricing, those provisions shall prevail.
2. Capital Verification of Debt-to-equity swaps According to Article 8 of the Measures for the Administration of the Registration of Debt-to-equity swaps, debt-to-equity swaps shall be verified by a legally established capital verification institution and a capital verification certificate shall be issued.
The capital verification certificate shall include the following contents:
Basic information of creditor's rights, including the time and reason of creditor's rights, the names of the parties to the contract, the subject matter of the contract, and the performance of the corresponding creditor's rights and obligations; Appraisal of creditor's rights, including the name of appraisal institution, appraisal report number, appraisal benchmark date and appraisal value; The completion of debt-to-equity swap, including the signed debt-to-equity swap agreement, the creditor's exemption from the company's corresponding debts, and the company's relevant accounting treatment; Where the debt-to-equity swap is subject to examination and approval according to law, the examination and approval situation.
Change of industrial and commercial registration of debt-to-equity swaps According to Article 9 of the Measures for the Administration of Registration of Debt-to-Equity Swaps of Companies, if the creditor's rights are converted into equity, the company shall apply to the company registration authority for registration of change of registered capital and paid-in capital according to law. Where other registered items of the company are changed, the company shall apply for registration of change together.
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First of all, is it good or bad to start debt-to-equity swaps:
Debt-to-equity swap is good or bad. Debt-to-equity swap refers to the exercise of the basic rights of convertible bonds. The number of convertible bonds is limited, which will not have much impact on stocks. Convertible bond is a financing method for listed companies. They have both the attributes of bonds and the right to convert them into stocks. Convertible bonds can be converted into stocks after six months of listing and trading. Convertible bonds are subject to T+0 trading, and can be traded indefinitely in one day, and the price of convertible bonds is not limited (there is a temporary suspension mechanism).