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Replenishment of the authorized capital: how to use loans to increase capital
Founders of companies can replenish the authorized capital not only with cash, but also with other assets, such as securities and property assets.
If the organization has only one founder, they may decide to set off the loan against the increase in the authorized capital of the company. If there are several founders, the decision is made at the general meeting with subsequent registration of the minutes of the meeting. This decision requires changes to the constituent documents, which specify all the details: the amount, methods and terms of replenishment of funds.
Offsetting the founder's obligations to make additional deposits allows paying off the company's accounts payable in accordance with Article 346 of the Civil Code, since the debtor and the creditor coincide in one person. After registration of changes in the constituent documents, the company writes off its debt, reflecting the increase in the authorized capital of the company.
It is important to note that such a loan offset does not entail any tax consequences.
If you need assistance in changing the company's charter capital, please use our services. Leave a request and we will get back to you.