Registration of capital contribution
The registration of capital contribution, share or contribution capital purchase
Investing according to procedures of capital contribution, shares or contribution capital purchase in economic organizations is one of the investment form that a significant of investors concern about nowadays. To execute this kind of investment form, what do investors need to do?. HNLaw & Partners would like to guide Customers the procedures as well as the order of the registration of capital contribution, share or contribution capital purchase as follows:
1. Legal base: Law on Investment 2014
2. Cases that investors implement procedures for procedures to register the contribution of capital, share or contribution capital purchase
Investors shall implement procedures to register the contribution of capital to, or purchase of share or contribution capital at, economic organizations in the following cases:
- Foreign investors contribute capital to, or purchase share or contribution capital at, economic organizations operating in the sectors or trades in which business investment activities of foreign investors must meet certain conditions;
- The capital contribution or share or capital contribution purchase leads to a situation whereby foreign investors or the economic organizations hold 51% or more of charter capital of the concerned economic organizations.
Therefore, if a foreign investor contributes capital, purchases shares, or capital contributions less than 51% of the charter capital of an economic organization or an organization operating in unconditional business lines applied to foreign investors, foreign investors do not need to follow procedures for registration of capital contribution, share or capital contribution purchase.
3. Procedures for registering capital contribution or share or capital contribution purchase
Procedures includes the following step:
Step 1: Preparing dossier
An Investor prepares one dossier. A dossier includes:
- A written registration of capital contribution or share or capital contribution purchase, covering information on the economic organization to which or at which the foreign investor intends to contribute capital or purchase shares or capital contributions; the foreign investor’s charter capital holding rate after contributing capital to, or purchasing shares or capital contributions at, the economic organization;
- A copy of the identity card or passport, for individual investors; a copy of the establishment decision or another equivalent document certifying the legal status, for institutional investors.
Step 2: Submitting dossier
An investor shall submit a dossier to the provincial-level Planning and Investment Department of the locality where the head office of the concerned economic organization is located;
Step 3: Solving dossier
Within 15 days after receiving a complete dossier of investors on the change of shareholders or members according to provisions of law, the provincial-level Planning and Investment Department shall notify the approval in writing.
Service of enterprises and investment laws consult at HNLaw & Partners:
- Consulting on the laws and legal procedures related to the field of enterprises and investment in Vietnam;
- Consulting on the legal regulations and procedures for establishing a company, applying for an Investment Registration Certificate, Enterprise Registration Certificate, sub-license …;
- Consulting on conditional business investment lines and specific conditions for each line;
- Drafting and submitting documents, working with state agencies when authorized by customers;
- Consulting on post-establishment issues.
Above is contents of consult on “The registration of capital contribution, share or contribution capital purchase” for Customers to refer. If Customers have any question or demand to use legal services please contact directly Company for the detailed consult and best support.
For more detail 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.