Kentucky Proposed Amendment to articles of incorporation regarding preemptive rights
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How to fill out Proposed Amendment To Articles Of Incorporation Regarding Preemptive Rights?
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FAQ
Pre-emptive rights ensure fairness in the issuance of new shares by allowing existing shareholders to acquire shares prior to those shares being offered to third parties. This means that existing shareholders have the opportunity to maintain their proportionate ownership in the company, even if new shares are issued.
The Corporation Code provides that all stockholders of a stock corporation shall enjoy pre-emptive right to subscribe to all issues or disposition of shares of any class, in proportion to their respective shareholdings, unless such right is denied by the articles of incorporation.
The two primary reasons for the existence of the preemptive right are: the first is that it protects the power of control of current Stockholders. The second is more important, a preemptive right protects stockholders against the dilution of value that would occur if new shares were sold at relatively low prices.
A preemptive right is a right of existing shareholders in a corporation to purchase newly issued stock before it is offered to others. The right is meant to protect current shareholders from dilution in value or control. Preemptive rights, if recognized, are usually set forth in the corporate charter.
Preemptive rights are rights of shareholders of a corporation or members of an LLC giving them the power to purchase additional shares in the corporation, or units or membership interests in the LLC, in the event that the company authorizes the issuance of additional shares, units or membership interests.
Example of Preemptive Rights The company wants to sell another 5,000 shares in order to raise funds. If the shareholder wants to maintain the same proportional ownership of the business, it must buy 1,000 of these additional shares.
Pre-emptive rights ensure fairness in the issuance of new shares by allowing existing shareholders to acquire shares prior to those shares being offered to third parties. This means that existing shareholders have the opportunity to maintain their proportionate ownership in the company, even if new shares are issued.
