The reduction of share capital is an important process that may be necessary in various circumstances to adjust the financial structure of a company. This procedure not only involves strategic decisions, but also strict compliance with legal regulations. Below, we explain in detail how to carry out this process correctly and in accordance with the law:
Capital Reduction Agreement: The reduction of share capital must be agreed at a General Shareholders' Meeting. During this meeting, the amount by which the capital will be reduced is detailed. It is essential that this reduction affects all shareholders equally, unless another distribution is agreed unanimously.
Publication of the Reduction Agreement: After the General Shareholders' Meeting, the capital reduction agreement must be published three times in the official newspaper El Peruano and in another newspaper with greater circulation, with intervals of five days between each publication. This publication serves to inform third parties, especially creditors, about the capital reduction.
Exercise of the Creditor's Right to Oppose: Creditors have the right to oppose the reduction of capital if their credit is not fully guaranteed. This right must be exercised within 30 days following the last publication of the capital reduction notice.
Public Deed and Presentation in Public Registries: Once the publication requirements have been met and the period for exercising the right of opposition has elapsed, the public deed of capital reduction is carried out before a notary. Subsequently, this deed must be presented to Public Registries for official registration.
Registration in the Share Registration Book: After registration in Public Registries, the capital reduction must be recorded in the company's share registration book. This record details the shares corresponding to each shareholder in accordance with the new capital structure.
Issuance of Share Certificates: Finally, new share certificates reflecting the new capital structure are issued to each shareholder. These certificates are essential to formalize the ownership of the shares according to the reduction made.
Conclusions: The reduction of share capital is a detailed procedure that requires compliance with various legal and administrative stages to guarantee its validity and effectiveness. It is essential to follow each step carefully, from the decision at the General Shareholders' Meeting to the publication, public deed, registration and registration of the new shares. Consulting with legal and accounting professionals can facilitate this process and ensure that it is carried out in accordance with current regulations, preserving the transparency and legal compliance of the company.