Who is the Legal Representative of the Limited Liability Company from 2021?

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There are currently two types of limited liability companies. So according to the Law on Enterprises 2020, who is the legal representative of a limited liability company? Thank you.

According to Clause 3, Article 54 of the Law on Enterprises 2020 (effective from January 1, 2020):

The company must have at least one legal representative who holds one of the positions of Chairman of the Members' Council or Director or General Director. In case the company's Charter does not specify, the Chairman of the Members' Council is the legal representative of the company.

And according to Clauses 3 and 4, Article 79 of this Law, for a single-member limited liability company owned by an organization:

- The company must have at least one legal representative who holds one of the positions of Chairman of the Members' Council, Chairman of the company, or Director or General Director. In case the company's Charter does not specify, the Chairman of the Members' Council or the Chairman of the company is the legal representative of the company.

- In case the company's Charter does not specify otherwise, the organizational structure, operations, functions, rights, and obligations of the Members' Council, Chairman of the company, Director, or General Director shall comply with the provisions of this Law.

Thus, the legal representative in a Limited Liability Company (LLC) will be determined by the company's Charter.

If the company's Charter does not specify, the legal representative of the enterprise is:

+ The Chairman of the Members' Council or the Chairman of the company (Single-member LLC);

+ The Chairman of the Members' Council (Multi-member LLC).

Respectfully!

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