Replacement of owner of a company

Replacement of owner of a company

Replacement of owner of a company single-member limited liability company

A single-member limited liability company is an enterprise owned by an organization or an individual; The company’s owner is responsible for debts and other property obligations of the company within the charter capital of the company. During its operation, a single-member limited liability company can changes its owner to suit its business operation. So what are the procedures ? HNLaw & Partners would like to guide Customers as follows:

I. Legal bases:

  • Law on Enterprises 2014;
  • Decree 78/2015/ND-CP, decree on enterprises registration

II.  Contents: Base on Article 46 Decree 78/2015/ND-CP

  1. Cases of replacement:

The owner of a company can be replaced due to one of these cases:

  • In case the owner of the company transfers the entire charter capital to an individual or an organization
  • In case of replacing the owner of a single-member limited liability company under a decision of a competent agency on reorganization and renewal of a state-owned enterprise
  • In case of changing the owner due to inheritance
  • In case of donation to the entire capital contribution

2. Replacement dossier:

  • An announcment on changing the enterprise registration information;
  • A legitimate copy of the ID/passport of the new owner;
  • A legitimate copy of the revised charter of the company;
  • A written approval for capital contribution, purchase of shares/stakes by foreign investors given by Department of Planning and Investment of the province in the case in Law on Investment 2014;
  • An one of these documents:
    • In case an owner of a company transfers the entire charter capital to another individual or organization: A capital transfer contract or documents proving completion of the capital transfer;
    • In case of replacement of the owner of the company under a decision of a competent authority on restructuring of a state-owned enterprise: a decision on replacement of the company’s owner issued by such competent authority
    • In case of replacement of the owner because of inheritance: A legitimate copy of the certificate of the inheritor’s lawful right to inheritance
    • In case of replacement of the owner because of a donation: a stakes donating contract.

Service of changing owners of single-member limited liability companies of HNLaw & Partners:

  • Consulting on conditions of the owner of the company
  • Consulting on procedures of the replacement
  • Compiling the replacement dossier
  • On behalf of customers implementing the procedures
  • Consulting on the after-replacement

Above is the consult on “Replacement of owner of single-member limited liability company” of HNLaw & Partners. Customers who have any question or demand to use legal services please contact the Company directly for detailed consults and best support.

Detailed 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.

Email: tuvan.hnlaw@gmail.com

Hotline: 0912.918.296

http://www.hnlaw.vn/en/enterprise-consultancy

https://en.wikipedia.org/wiki/Company

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