A Board Resolution For Increase In Paid Up Capital is a crucial corporate document required under Maltese law when a company decides to increase its paid-up share capital. This document is typically used when a company needs additional capital for expansion, debt reduction, or other business purposes, or when converting retained earnings into paid-up capital. The resolution must comply with the Maltese Companies Act (Cap. 386) and Malta Business Registry requirements, containing specific details about the capital increase, method of implementation, and necessary authorizations. It serves as the legal foundation for the capital increase and must be properly recorded, executed, and filed with relevant authorities. This document is particularly important in Malta's robust financial services sector and is subject to oversight by the Malta Financial Services Authority when applicable.
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1. Title and Company Details: Formal heading including company name, registration number, and registered address
2. Date and Venue: Date, time, and location of the board meeting
3. Attendance and Quorum: List of directors present and confirmation of meeting quorum
4. Background: Current state of company's share capital and reason for increase
5. Resolutions: Formal decisions regarding the increase in paid-up capital, including specific amount and method
6. Implementation Authority: Authorization for specific officers to execute necessary documents and file with authorities
7. Certification: Declaration of the resolution's validity, typically signed by the Company Secretary or Chairman
1. Share Premium Account: Required when shares are being issued at a premium above nominal value
2. Rights and Restrictions: Needed when new shares have special rights or restrictions attached
3. Pre-emption Rights: Include when existing shareholders' pre-emption rights need to be addressed
4. Payment Terms: Required when specifying specific terms or schedule for capital payment
5. Regulatory Approvals: Include when the capital increase requires specific regulatory approvals
6. Tax Considerations: Include when there are specific tax implications to be noted
1. Schedule 1 - Share Capital Structure: Detailed breakdown of pre and post-increase share capital structure
2. Schedule 2 - Shareholder Details: List of shareholders and their respective shareholdings before and after the increase
3. Schedule 3 - Payment Details: Details of payment arrangements for the capital increase
4. Appendix A - Supporting Documents: Copies of relevant supporting documentation (e.g., valuation reports, regulatory approvals)
5. Appendix B - Forms for Registry: Required forms for filing with the Malta Business Registry
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