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Q:
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Can the amount of debt be less than the capital increase if the capital increase is made by debt?
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A:
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Yes, the amount of debt can be less than the capital increase, and the insufficient amount can be paid by cash.
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Q:
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Is capital increase be possible if the liability is greater than the asset?
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A:
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Yes, capital increase can still be done. If the shareholder’s transactions are used to offset the capital increase, it will have the effect of doubling the amount of the shareholder’s transactions to offset the debt insufficiency.
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Q:
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If a limited company reduces its capital to make up for its losses, can it first increase its capital and then reduce it?
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A:
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It does not matter if the capital is first reduced and then increase or vice versa.
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Q:
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If the foreign investor’s investment stock has been transferred back, can the shareholder change the share transfer without obtaining the power of attorney?
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A:
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No, for the withdrawal of foreign capital or the transfer of overseas capital, a power of attorney from the investment agent is required, and the transfer can only be arranged after approval by the Investment Commission, Ministry of Economic Affairs.
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Q:
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Can the company name that has been marked as “dissolved”, published on the Department of Commerce, MOEA, Commerce Industrial Services Portal be used by other newly established or changed companies?
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A:
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According to the Company Act Article 26-2: “In case a company which has been dissolved, cancelled or nullified its registration, its corporate name can be approved to be used by other’s application, if the company has not completed its liquidation after 10 years from the date of its dissolution, cancellation, or nullification of its registration, or is the company has not been adjudicated by court to end its bankruptcy after 10 years from the date of its bankruptcy registration.” Therefore, the use of a company name that has been marked as “dissolved” must comply with the disclosure requirements.
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FAQ
