Circumstances for Revoking the Seal of a Commercial Legal Entity

Mr. Dang Khoa ([email protected]) has a query regarding coercive enforcement against commercial legal entities under the new regulations as follows: In what cases can a legal entity be subject to the measure of seal revocation? If a legal entity is coerced into enforcement by temporary suspension of operations, will its seal be revoked?

According to Article 36 of Decree 44/2020/ND-CP (effective from June 1, 2020), it is stipulated that:

- The temporary seizure of documents, vouchers, electronic data storage devices, and seals of a commercial legal entity may be applied in cases of enforcement of penalties, such as temporary suspension of operations; prohibition of business, prohibition of activities in certain fields; prohibition of capital mobilization according to the legally effective judgment or decision of the Court.

- Only documents, vouchers, and electronic data storage devices related to the business activities of the commercial legal entity subjected to enforcement according to the legally effective judgment or decision of the Court can be temporarily seized.

- The revocation of the seal of a commercial legal entity is applied in cases of enforcement of penalties involving permanent suspension of all operations.

=> Thus, only in cases where the legal entity is permanently suspended from all operations will its seal be revoked. In cases of temporary suspension, the seal shall not be revoked but will be temporarily seized until the suspension period ends.

The above is the support content.

Respectfully!

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