OFFICIAL GAZETTE
OFFICIAL GAZETTE
OFFICIAL GAZETTE
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stock and if the value of new share of stock<br />
is less than the amount required for the acquisition<br />
of old share of stock, the value of<br />
such new share of stock.<br />
For purposes of application of the preceding<br />
paragraph, the value of new share of stock shall<br />
be its face value or amount of investment; provided<br />
that, if such new ^hare of stock is not a<br />
fully paid-up share, the value shall be paid-up<br />
amount, and if.such new share of stock is a<br />
sihare of stock of the corporation which issued<br />
. the no-par share of stock due to the amalgamation,<br />
the value shall be amount obtained by dividing<br />
the amount of capital which amalgamating<br />
corporation increased due to the amalgamation<br />
(or in case a corporation was established<br />
due to the amalgamation, the amount of capital<br />
at the time of establishment of the corporation)<br />
by the number of snares of stock which were<br />
issued due to the amalgamation..<br />
Article 12-(4). In case a shareholder, partner or<br />
investor of a corporation subscribed to the shares<br />
of stock allotted for the shares of stock or<br />
investments owned by himself (hereinafter referred<br />
to as "old share of stock" in this Article)<br />
due to the increase in the capital or investment<br />
of the corporation concerned, the amount required<br />
for the acquisition of the old share of<br />
stock and the share of stock or investment thus<br />
subscribed ('hereinafter referred to as- "new<br />
share of stock" in this Article) at the time<br />
after such subscription shall be the amount obtained<br />
by dividing the total of the amount required<br />
for the acquisition of old share of stock<br />
and the amount obtained by applying the number<br />
of new shares of stock subscribed for one<br />
old share of stock to the paid-up amount of<br />
the new share of stock by the number of new<br />
shares of stock subscribed for one old share of<br />
stock plus 1.<br />
In the case under the preceding paragraph,<br />
if the paid-up amount of the old share of stock<br />
differs from that of new share of stock/ the amount<br />
required for the acquisition of old share<br />
of stock and new share of stock shall be the amount<br />
obtained by multiplying the paid-up amount<br />
by such proportion as the total as provided<br />
for by the same paragraph bears to the total<br />
of paid-up amount of old share of stock and<br />
the amount obtained by applying the number of<br />
new shares of stock subscribed for one old share<br />
of stock to the paid-up amount of the new share<br />
of stock.<br />
Article 12-(5). In case a shareholder of a coriporation<br />
acquired the share of stock for the<br />
share of stock owned by himself (hereinafter referred<br />
to as "old sihare of stock" in this Article)<br />
due to the cause coming under each of the following<br />
items, the amount required for the ac-<br />
21<br />
quisition of old share of stock and the share of<br />
stock thus acquired (hereinafter referred to as<br />
"new share of stock" in this Article) at the<br />
time after such acquisition shall be the amount<br />
obtained by dividing the total of the amount<br />
required for the acquisition of old share of stock<br />
and the face value (or issue price in the case<br />
where the share of stock is no-par share of<br />
-stock) of new shares of stock as acquired for<br />
one old share of stock in the case coming under<br />
item 1 or the amount required for the acquisition<br />
of the old share of stock (or in case<br />
there is any amount which is deemed the dividend<br />
of profit in accordance with the provision<br />
of Art. 5 par. 1 item 4 ofthe Law due to the<br />
transfer to the capital under item 2, the amount<br />
obtained by adding the amount which is deemed<br />
the amount as received due to the dividend of<br />
profit for one old share of stock) in the case<br />
coming' under item 2 by the number of new<br />
shares of stock as acquired for one old share of<br />
stock plus 1:<br />
1. Where the corporation paid the dividend of<br />
profit in share of stock of such corporation;<br />
2. Where the corporation transferred the reserve<br />
fund to the capital and issued the shares<br />
of stock due to such transfer to the capital.<br />
In case a corporation transferred the reserve<br />
as provided for in Art. 16 of the Corporation<br />
Tax Law to the capital and didn't issue the<br />
shares of stock; due to such transfer to the capital,<br />
the amount required for the acquisition of<br />
shares of stock of the corporation owned by a<br />
shareholder of the corporation after such transfer<br />
shall be the amount obtained by adding the<br />
amount which is deemed the dividend of profit<br />
in accordance with the provision of Art. 5 par.<br />
1 item 4 of the Law due to such transfer for<br />
one share of stock to the amount.required for<br />
the acquisition of the shares of stock before<br />
such transfer.<br />
Article 12-(6). In case a shareholder of a corporation<br />
acquired the shares of stock due to<br />
split or consideration of the shares of stock,<br />
the amount required for the acquisition of the<br />
share of stock as acquired due to such split or<br />
consolidation (hereinafter referred to as "new<br />
share of stock" in this Article) shall be the<br />
amount obtained by dividing the total of the<br />
amount.. required for the acquisition of shares<br />
of stock for which the shareholder acquired the<br />
new shares of stock (hereinafter referred to<br />
as "old shares of stock" in this Article) (or<br />
in case there is any amount of money as acquired<br />
due to such split or consolidation, the amount<br />
obtained by deducting such amount of money<br />
from the total of the amount required for the<br />
acquision of the old share of stock) by the number<br />
of total new shares of stock as acquired by<br />
the shareholder.