Enforcement of Judgements in Cases of Merged and Consolidated Commercial Legal Entities

A commercial legal entity receiving a commercial legal entity that is serving a sentence at the time of consolidation or merger is responsible for assuming the obligation to execute the sentence of the commercial legal entity that has been consolidated or merged.

Execution of sentences for consolidated or merged commercial legal entities (Illustrative image)

To be specific, Decree 55/2020/ND-CP stipulates the execution of sentences in case of consolidated or merged commercial legal entities as follows:

- In case the commercial legal entity assuming the obligation to execute the sentence is headquartered within the same provincial-level administrative unit, the same military region of the commercial legal entity before the consolidation or merger, the criminal judgment enforcement agency that is executing the sentence against the commercial legal entity before the consolidation or merger continues to organize the enforcement of the sentence in accordance with the Law on Execution of Criminal Judgments and this Decree;

- In case the commercial legal entity assuming the obligation to execute the sentence is headquartered outside the provincial-level administrative unit, outside the military region, the criminal judgment enforcement agency that is executing the sentence against the commercial legal entity before the consolidation or merger shall hand over the judgment enforcement dossier to the criminal judgment enforcement agency where the commercial legal entity assuming the obligation to execute the sentence is headquartered to organize the enforcement of the sentence in accordance with the Law on Execution of Criminal Judgments and this Decree;

The time served by the commercial legal entity before the consolidation or merger is included in the sentence-serving period of the commercial legal entity assuming the obligation to execute the sentence.

For more regulations, see Decree 55/2020/ND-CP, effective from July 15, 2020.

Thu Ba

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE