Amending a company’s charter is a significant step for businesses, and it’s important to navigate this process correctly. In Ho Chi Minh City, notifying the Department of Planning and Investment about such changes is a crucial aspect of regulatory compliance.
Question:
Previously, when establishing my business, I created an initial company charter. Now, the company’s members want to amend this charter. Do I need to inform the Authority of Planning and Investment of Ho Chi Minh City about this change?
Answer:
The Authority of Planning and Investment provides the following response: Based on Article 11, Clause 1 of Law on Enterprises 2020, it stipulates the following:
1. An enterprise, depending on its type of business, shall retain the following documents:
a) The charter, internal rules and regulations; the member/partner/shareholder register;
b) The certificate of Industrial property rights; the certificate of registration of product/service quality; other licenses and certificates;
c) Documents proving the enterprise’s ownership of its assets;
d) Votes, vote counting records, minutes of meetings of the Board of Members/Partners, General Meeting of Shareholders, Board of Directors; the enterprise’s decisions;
đ) The prospectus for offering or listing securities;
e) Reports of the Board of Controllers, verdicts of inspecting authorities and audit organizations;
g) Accounting books, accounting records and annual financial statements.
2. The documents mentioned in Clause 1 of this Article shall be retained at the enterprise’s headquarters or another location specified in the enterprise’s charter for a period of time prescribed by law.
In case the company’s charter updates changes in enterprise information regulated in Decree 01/2021/NĐ-CP regarding enterprise registration procedures, it is suggested that the enterprise submits the amendment dossier to the Business Registration Office. It is recommended that the enterprise study and implement the regulations accordingly.
Conclusion
In conclusion, ensuring that the Ho Chi Minh City Department of Planning and Investment is notified when amending a company’s charter is a fundamental element of maintaining transparency and adhering to legal requirements. This process not only facilitates the smooth evolution of a business but also contributes to a well-regulated corporate environment in the city.
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
