Notification on Changes in Enterprise Registration Information: Is Stamping Required?

Notification on whether changes in business registration content need a seal

Do changes in business registration content require a seal? Please help support me according to the latest regulations.

Response:

Based on the provisions of Clause 5, Article 4 of Decree 01/2021/ND-CP:

Enterprises are not required to seal the application for business registration, notification of changes in business registration content, resolutions, decisions, or minutes of meetings in the business registration dossier. The sealing of other documents in the business registration dossier shall comply with relevant lawful provisions.

Thus, according to this regulation, businesses are not required to have a seal on the notification of changes in business registration content.

What is the national database on business registration?

Can you explain what the national database on business registration is? Please advise according to the new regulations.

Response:

Based on the provisions of Clause 3, Article 3 of Decree 01/2021/ND-CP:

The national database on business registration is a collection of data concerning business registration nationwide. Information in the business registration dossier and the legal status of the business stored in the National Database on Business Registration holds legal validity as the original information about the business.

Will a joint-stock company changing its charter capital be issued a new Enterprise Registration Certificate?

Please consult whether a joint-stock company increasing or decreasing its charter capital will be issued a new Enterprise Registration Certificate when they proceed with the change registration procedure with the Business Registration Office?

Response:

Based on the provisions of Clauses 1 and 5, Article 51 of Decree 01/2021/ND-CP:

- In the case where a joint-stock company registers a change in its charter capital, the company shall submit a dossier for changing business registration content to the Business Registration Office where the company’s head office is located. The dossier includes the following documents:

+ Notification of changes in business registration content, signed by the legal representative of the enterprise;

+ Resolution or decision of the General Meeting of Shareholders regarding the change in charter capital;

+ Document from the Investment Registration Authority approving the capital contribution, share purchase, or capital contribution purchase by foreign investors or economic organizations with foreign investment, in cases where the procedures for registration of capital contribution, share purchase, or capital contribution purchase need to be followed according to the Law on Investment.

- Upon receiving the business registration dossier, the Business Registration Office shall issue a receipt, check the validity of the dossier, and issue a new Enterprise Registration Certificate to the enterprise.

Thus, according to this regulation, in the case where a joint-stock company registers a change in charter capital, it will be issued a new Enterprise Registration Certificate.

Sincerely!