Application for enterprise registration by an enterprise that ratifying its decisions by questionnaire survey

Application for enterprise registration by an enterprise that ratifying its decisions by questionnaire survey in Vietnam (Image From the Internet)

1. Application for enterprise registration by an enterprise that ratifying its decisions by questionnaire survey in Vietnam

The application for enterprise registration by an enterprise that ratifying its decisions by questionnaire survey according to Article 64 of Decree 01/2021/ND-CP is as follows:

In the case where the Members' Council of a limited liability company or the General Meeting of Shareholders, the Board of Directors of a joint-stock company approves resolutions and decisions by written vote according to the provisions of the Law on Enterprises 2020, the minutes of meetings required in the enterprise registration dossier as prescribed in Decree 01/2021/ND-CP can be replaced by a copy of the vote counting report of the Members' Council for a limited liability company or the vote counting minutes of the Board of Directors, General Meeting of Shareholders for a joint-stock company.

2. Cases in which application for/notification of changes to enterprise registration information is not allowed in Vietnam

Cases in which application for/notification of changes to enterprise registration information is not allowed in Vietnam according to Article 65 of Decree 01/2021/ND-CP are as follows:

- Enterprises are not allowed to register or notify changes to registration content in the following cases:

+ The Business Registration Office has issued a notice about the violation of the enterprise that falls into the category of revoking the Certificate of Enterprise Registration or has issued a Decision to revoke the Certificate of Enterprise Registration;

+ The enterprise is in the process of dissolution according to the dissolution decision of the enterprise;

+ As requested by the Court or Enforcement Agency or the Investigative Agency, the Head, Deputy Head of the Investigative Agency, Investigator as stipulated in the Criminal Procedure Code;

+ The enterprise is in the legal status of "No longer conducting business activities at the registered address."

- Enterprises are allowed to continue registering or notifying changes to registration content in the following cases:

+ The enterprise has taken remedial measures for the violations as requested in the notice about the violation that falls into the category of revoking the Certificate of Enterprise Registration and has been accepted by the Business Registration Office;

+ It is necessary to register changes to some registration content to serve the dissolution process and complete the dissolution dossier as prescribed. In this case, the registration dossier must be accompanied by an explanation document from the enterprise about the reason for registration change;

+ There is a written consent from organizations or individuals who sent the requests as stipulated in point c, clause 1, Article 65 of Decree 01/2021/ND-CP allowing the enterprise to continue registering changes to the registration content;

+ The enterprise has changed its legal status from "No longer conducting business activities at the registered address" to "Operating."

3. Regulations on registration of change of enterprise’s name in Vietnam

Regulations on registration of change of enterprise’s name in Vietnam according to Article 48 of Decree 01/2021/ND-CP are as follows:

- In case of changing the enterprise name, the enterprise must submit the dossier to change the enterprise registration content to the Business Registration Office where the enterprise's headquarters is located. The dossier includes the following documents:

+ Notification of changes to enterprise registration content signed by the legal representative of the enterprise;

+ Resolution, decision, and a copy of the meeting minutes of the Members' Council for a limited liability company with two or more members, partnership, or General Meeting of Shareholders for a joint-stock company; resolution, decision of the company owner for a one-member limited liability company about the change of the enterprise name.

- After receiving the enterprise registration dossier, the Business Registration Office issues a Receipt, examines the validity of the dossier, and issues the Certificate of Enterprise Registration to the enterprise if the registered name complies with the regulations on naming enterprises.

- Changing the enterprise name does not alter the rights and obligations of the enterprise.

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