Task:
[07.005-ADGM] -
CORP SUPPORT # PURCHASE OF OWN SHARES
Purpose:
To be
used by companies with share capital to approve a approve a consolidation or
subdivision of its 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) Do the
clients want to consolidate or subdivide their shares, i.e. increase or
decrease the amount per share?
4) Are there any
other share transactions at the same time as these may require separate
filings?
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 share
transaction, the notice of amendment of articles of association can also be
filed along with this form and additional fees will
apply.
Submission:
Online via
the ADGM RA portal https://newreg.adgm.com/
Timeline:
within
one month from the Consolidation/Subdivision Of Shares, 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 the
consolidation/subdivision shares
· 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 0/-
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: USD 300 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:
Templates_SHReso_SharesSubdivision-v1-20220107.docxTemplates_SHReso_AmendmentArticles-v1-20220107.docx