There are a few inconsistencies with regards to old / new MOI provisions:
- With regards to the exemption from audit, a resolution is needed in the interim. Actually this is also needed for a new MOI company, even if its PIS and other factors indicate a review. Conversion is not required.
- Unissued par value shares cannot be issued until they are converted to no par value shares. It follows then that the company must adopt a new MOI because the old one makes no provision for no par value shares.
- Similarly, the company cannot buy-back any issued par value shares.
By the way, the deadline for no-cost conversion is 30 April 2013.
Did you like this article? Share it with your favourite social network.