Businesses often need to update their information on the Business Registration Certificate to reflect changes in their operations or legal status. This process is crucial for maintaining accurate and up-to-date records, ensuring legal compliance, and fostering transparency in business activities. In this discussion, we will explore the procedure that businesses need to follow when updating their information on the Business Registration Certificate, providing valuable insights into the steps and requirements involved.
Question:
Can I complete the procedures in one application (one dossier) to register three changes: changing the charter capital, converting the type of company from LLC to JSC, and changing the legal representative? Or do I need to do them one by one, and if it’s possible, how do I proceed?
Answer:
The Ho Chi Minh City Department of Planning and Investment responds to your question as follows:
– The procedures, sequence, and formalities for changing the type of business entity are carried out according to the regulations in Clause 4, Article 26 of Decree No. 01/2021/NĐ-CP on business registration.
– If the company changes its charter capital, the application for conversion must be accompanied by an application for capital increase according to the regulations in Article 51 of Decree No. 01/2021/NĐ-CP on business registration. This includes a notice of change of business registration content, a meeting minute of the Board of Members, and a resolution of the Board of Members regarding the capital increase (these can be combined into one document along with the resolution about the capital increase and the conversion of business type).
– Based on Clause 5, Article 26 of Decree No. 01/2021/NĐ-CP on business registration, it states:
“5. The enterprise may register conversion from the enterprise type at the same time when it registers changes to enterprise registration information or notifies changes to enterprise registration information. In this case, the application for enterprise registration shall comply with the provisions in Clauses 1, 2, 3 and 4 of this Article.
If an enterprise applies for registration of conversion and replacement of the legal representative at the same time, the Chairperson of the Board of Members of the multi-member limited liability company or partnership, Company’s President, Chairperson of the Board of Members of a single-member limited liability company, or Chairperson of the Board of Directors of the joint-stock company after conversion signs the application.” Therefore, a business can register for a conversion of business type while also registering a change of legal representative.
– You can refer to the procedures and download the application form for change registration at the following address: “www.dpi.hochiminhcity.gov.vn/ Business Registration/ Conversion of Business Type/ select the corresponding type”.
Conclusion
In conclusion, keeping the Business Registration Certificate current and accurate is an essential aspect of responsible corporate governance. By following the prescribed procedure for updating this certificate, businesses can adapt to evolving circumstances, fulfill their legal obligations, and operate with transparency and accountability. Staying informed about the requirements and diligently following the process ensures that businesses remain in good standing and can confidently engage in various activities without legal impediments.
HMLF is always available to offer assistance in understanding the procedures with authorities.
Head office: 14th floor, HM Town building, 412 Nguyen Thi Minh Khai, Ward 05, District 3, Ho Chi Minh City.
Phone number: +84 937215585
Website: hmlf.vn Email: miller@hmlf.vn
