Conversion of forms of enterprises
Conversion of forms of enterprises On the past Octorber 29th, 2019. HNLaw & Partners received a question from whom wants to have the consulting of the Lawyer HNLaw & Partners as follows:
“What kind of documents do I need to prepare if I want to convert my business from a multi-member limited liability company to a joint stock company? Thank you.”
The Lawyer please consults as follows:
- Law on Enterprises 2014;
- Decree 78/2015/ND-CP of The Government on the enterprise registration;
- Decree 108/2018/ND-CP of the Government on amending and supplementing a number of articles of the Government’s Decree 78/2015/ND-CP dated September 14, 2015 on enterprise registration;
- Circular 02/2019/TT-BKHDT of the Ministry of Planning and Investment amending and supplementing a number of articles of Circular 20/2015/TT-BKHDT dated December 1, 2015 of the Ministry of Planning and Investment guidance on business registration.
1. Methods of converting from a multi-member limited liability company to a joint stock company
- Converting to a joint stock company without mobilizing additional organizations or individuals to contribute capital, and without selling the contributed capital to other organizations or individuals;
- Converting to a joint stock company by mobilizing additional capital from other organizations or individuals;
- Converting to a joint stock company by selling all or a part of the contribution capital to one or some other organizations and individuals;
- Combining all three methods above.
Note: The company must register for conversion of the company with the business registration authority within 10 days after completing the conversion. Within 05 working days from the day on which the application for conversion is received, the business registration authority shall re-issue the Business Registration Certificate.
2. Element of a dossier
In case of converting from limited liability company to joint stock company, the dossier of registration includes:
- Application form for enterprise registration;
- Charter of the converted company;
- Decision or a legitimate copy of the Minutes of Board of members;
- A list of members and legitimate copies of ID Card/Passport of the company’s members
- Transfer contract or documents proving completion of the transfer or agreement of investment capital contribution.
The people who submits the dossier can submit by one of these two methods:
- Submitting at One-door gadget of Business Registration Officer of the Department of Planning and Investment (Business Registration Officer) of the province/city where the enterprise’s head office is located.
- Submitting the dossier online through internet in National Business Registration Portal.
Above is the contents of “Conversion of forms of enterprises” HNLaw & Partners. Customers who have any question or demand to use legal services please directly contact Company for the detailed cosult and best support.
For more details please contact:
HNLAW & PARTNERS LAW FIRM
Address: DBS Building, N028, Lot 31, Commercial Services and Housing Area in Ha Tri, Ha Tri Ward, Ha Dong, Hanoi.