You can raise capitalization in a number of ways, for as by selling assets, acquiring loans, or issuing new shares. However, changing the company’s articles of incorporation is one of the most popular approaches. The structure, goal, and rights of the company are described in the articles of incorporation, which is a legal instrument. It contains details regarding the capitalization of the company, such as the quantity of authorized shares and their par value.
The procedure for altering the articles of incorporation is known as article amendment. This can be done to amend the par value, alter the number of authorized shares, or alter any other clauses in the agreement. Depending on the state where the corporation is incorporated, the article amendment procedure differs. But these are the typical steps:
1. Examining the present articles of incorporation – Before making changes, it is important to evaluate the current version of the document to make sure the proposed modifications are in line with the company’s goals and adhere to state law.
3. Obtaining board approval – Before the proposed change can be filed to the state, it needs to be approved by the company’s board of directors.
4. State filing – The modification form needs to be submitted to the state where the business was incorporated. Depending on the state, different filing fees apply. The state will examine the amendment document to make sure it complies with state legislation.
The company’s capitalisation will rise if the amendment is authorized, and it can then issue new shares to raise more money.
The Securities and Exchange Commission (SEC) laws and regulations must be followed by the business in order to update the articles of incorporation. The SEC is a federal organization tasked with overseeing the securities sector, which includes businesses that issue stocks and bonds. Companies must submit specific documents and reports, such as the Articles of Amendment, to the SEC.
Within four business days of the acceptance of the amendment, the firm must submit Form 8-K with the SEC in order to alter the articles of incorporation. The amendment document and any other pertinent details concerning the change should be included on the form. Within ten days of submitting the adjustment with the SEC, the corporation must also notify shareholders of the change.
Increasing capitalization is a crucial component of business expansion and success, to sum up. One of the most popular ways to raise money is by amending the articles of incorporation, but doing so requires adherence to state laws and SEC rules. Companies can raise more money for investment and expansion by using the procedures described in this article to raise their capitalization.