Collection of judgments on disputes between company members and the company in Vietnam

Hello, Ms. Hoa, We would like to send you some judgments about disputes between company members and the company that we have updated as follows:

1. Judgment No. 71/2020/KDTM-PT dated September 25, 2020 on a dispute between the company and its members

- Level of trial: Appellate

- Judicial body: High People's Court in Ho Chi Minh City

- Summary: Mr. Tran Thanh T fully contributed his capital contribution to Group F Joint Stock Company: VND 1,500,000,000. However, the share ownership certificate book – ID number 20171101-also because the Chairman of the Board of Directors confirmed that the number of shares owned by Mr. T is only 50,000 shares with a par value of 15,000 VND/share, equivalent to 750,000,000 VND. He contacted the responsible people of Group F Corporation, but his legitimate claim was not resolved. Moreover, he did not understand why, until now, the F Group Joint Stock Company had not convened the General Meeting of Shareholders. Therefore, Mr. T filed a lawsuit requesting that Company F fulfill its obligation to pay him "0.6 percent interest per month" according to the Company's decision on the distribution of benefits to shareholders as of the date of the first-instance trial, which is 103,500,000 VND, and the return of capital contribution to the plaintiff is 750,000,000 VND.

2. Judgment No. 18/2020/KDTM-PT dated June 23, 2020 on disputes between company members and the company

- Level of trial: Appellate

- Judicial body: High People's Court in Da Nang

- Summary: Ms. Phan Thi Thu H is a member of Company H. The company's charter capital is VND 30 billion, of which Ms. H contributes 10%. Currently, the Company has assets of 2,406,396m2 of leased land, and an asset on the land is a rubber plantation that is being exploited. Ms. H was allocated 16.2 ha (equivalent to 7% of the total 240.6 ha of the Company, Ms. H temporarily agreed to 7%), and Mrs. H was invested and cared for from 2012 to May 2016. The company pressured and stopped Ms. H from exploiting it for the following reasons: Ms. H received a notice that she must pay the entire amount of principal and interest to the Company; if not, the area will be recovered. The garden was assigned to Ms. H. After receiving the above notice, Ms. H filed a petition to request a meeting of the Board of Directors of the Company, but the Company did not notify anything and then sent Ms. H "meeting minutes" on May 17, 2016 without inviting Ms. H to attend the meeting. The Company's side based itself on the "Minutes of the meeting" dated May 17, 2016 to recover the area of the orchard previously assigned to Ms. H, which is contrary to the provisions of law. Therefore, Ms. H. filed a lawsuit asking the court to force the company to return the orchard area to her.

3. Judgment No. 04/2021/KDTM-PT dated March 31, 2021 on disputes between company members and companies contributing capital and operating in the company

- Level of trial: Appellate

- Judicial body: High People's Court in Hanoi

- Summary: Phuong H Y Transport Co., Ltd. has two members, in which Mr. Tran Huu Ph contributes VND 02 billion, accounting for 25% (in fact, he contributes VND 850 million). In addition, he also has four trucks. load). On June 2, 2019, Ms. Tran Thi H, the Director of the Company, issued a notice to the Department of Transport of Vinh Phuc province to temporarily suspend the operation of the above four cars, the reason being that the vehicles entered the repair shop, but in fact, four cars His car was not damaged. He had submitted an application to the Department of Transport of Province Y to settle and reconcile the two parties but failed. Immediately after the reconciliation, Ms. Tran Thi H issued a written request to stop operating 4 of his cars. Therefore, he sued to ask the company and Ms. H to return his capital contribution to the company and compensate him for any damage.

4. Judgment No. 40/2021/KDTM-PT dated May 28, 2021 on disputes between company members and the company

- Judgment level: Appellate

- Judicial body: High People's Court in Ho Chi Minh City

- Summary: Mr. C has contributed VND 500,000,000 in capital to Company H but has not made a receipt or receipt for capital contribution and was granted a certificate of member capital contribution by the company. After contributing capital, Mr. N, the director of the company, said that the newly established company was not stable, business was not favorable, so he could not share profits with Mr. C. Then Mr. N said that he needed to buy land to expand business production and should temporarily not distribute profits to members. In 2017, Mr. C looked for Mr. N to share the profits, but Mr. N hid, and through investigation, he learned that Mr. N was transferring land to others. Therefore, Mr. C filed a lawsuit with the Court to request a settlement to force Company H to return to Mr. C 500,000,000 VND and 250,000,000 VND of capital contribution from March 2010 to present.

5. Judgment No. 12/2022/KDTM-PT on disputes between company members and the company

- Judgment level: Appellate

- Judicial body: High People's Court in Da Nang

- Summary: Ms. N signed a contract to receive the transfer of 160,000 shares of Mr. B1's shares at DTQ Joint Stock Company and sent a written notice to DTQ Joint Stock Company about the transfer of shares. However, the company has not responded in writing. So far, the DTQ Joint Stock Company has not recorded in the shareholder book of the Content Company that Ms. N owns 160,000 shares transferred from Mr. B1 since 2014. This action of the company has greatly affected the interests of Ms. N as a shareholder, directly affecting the interests of Ms. N. Therefore, Ms. N will not sue to ask the DTQ Joint Stock Company to record In the company's shareholder book, Ms. N owns 160,000 shares.

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