Capital increase is an extraordinary act that is made either by modifying the net equity (increase in payment) or by simply allocating reserves or budget funds as they are available (free increase). In either case, the increase may be due to the issue of new securities or the increase in the nominal value of the old shares.

Securities must be offered as options (the so-called option right) to shareholders (and holders of bonds convertible into the Company) in proportion to the holdings of shares / units (if SRL) (and holders of convertible bonds on the basis of the exchange ratio) in order to allow the shareholders to maintain their share of the share capital and the holders of convertible bonds to keep the cd unchanged. exchange ratio.

In the silence of the resolution, the increase in the onerous capital is inseparable, but it is quite possible for the members to forbid it: in practice, if the increase is inseparable, it is not implemented until it is fully subscribed; Conversely, in the case of non-disclosure, the increase will be implemented for an amount equal to the subscriptions collected at the end of the transaction. It is also possible, with modes that vary depending on whether it is S.p.A. or S.R.L., that there is also a pre-emption right for the actions that are left unpublished. Voices correlateemodify wikitesto

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