15.07.2013 Views

OFFICIAL GAZETTE

OFFICIAL GAZETTE

OFFICIAL GAZETTE

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

V<br />

\i><br />

V-<br />

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.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!