Task:
[07.007-ADGM] - CORP
SUPPORT # MAINTAIN SHARE CLASS DETAILS
Purpose:
To be
used by companies with share capital to update the details of its share class(es),
i.e. amend the name of the share class or for variation of the rights attached
to the class of shares.
Legal Entities:
Companies
Questions:
1) Do we
have access to the client’s entity on the KOUNTED dashboard? If not, an ORS
form needs to be filed first to gain access because only users with authority
over the entity can file this request.
2) Does the
company have a share capital?
3) Does the
company wish to edit the details of its share classes or amend the rights
attached to them?
Pay Attention:
1) This application
is only relevant for companies that have an authorised share capital. It does
not apply to Private Companies Limited by Guarantee and Private Company
Unlimited without Shares.
2)
If the company’s articles of association are amended due to the increase in the
amount of authorized share capital, the notice of amendment of articles of
association can also be filed along with this form and
additional fees will apply.
3)
This application only allows the amendment of the details of existing share
classes, but not to issue new share classes, please refer to [07.031-ADGM] -
CORP SUPPORT # ADD A NEW CLASS OF SHARES in this case.
Submission:
Online via
the ADGM RA portal https://newreg.adgm.com/
Timeline:
within
one month from the amendment of the share class details, i.e. the resolution
date
Timeframe:
KOUNTED 2-3
working days for drafting including drafting the online application
ADGM: 3 -5
working days, but the ADGM RA reserves the right to return the application for
revision/further clarification, which would increase the review timeline.
Supporting documents:
· Resolution Approving new Share
class name or variation of rights
attached to the class of shares (ADGM suggested formats
provided)
· Share Register (refer to ADGM
register of members for the suggested format)
· Amended Articles of
Association, if applicable (note that model article template cannot be used for
this purpose as it does not include any reference to share capital)
· Special resolution approving
the amendment of Articles of Association, if applicable
Applicable Legislation:
ADGM
Companies Regulations https://en.adgm.thomsonreuters.com/sites/default/files/net_file_store/ADGM1547_20963_VER202402.pdf
ADGM
Commercial Licensing Regulations https://en.adgm.thomsonreuters.com/sites/default/files/net_file_store/ADGM1547_16481_VER20240401.pdf
KOUNTED Fees:
Please add the
KOUNTED fees
ADGM Fees:
USD 100/-
Additional
USD100/- if filing amendment of the Articles of Association is required.
Fines:
Failure
to file the notice on time will result to a fine of: USD300 if not filed within
one month
If
filing amendment of the Articles of Association is required: USD 300 fine if
the submission is not made within the prescribed timeframe of 14 days.
LINKED FILES: