The process of preparing a business dissolution dossier is a critical step in closing down a company or business entity. It involves various regulatory requirements, documentation, and specific procedures that must be followed meticulously to ensure a smooth and legally compliant dissolution. In this discussion, we will delve into the essential steps and considerations that businesses must take into account when preparing a dissolve dossier, shedding light on the importance of adherence to regulatory guidelines.
Question:
Currently, I am in the process of dissolving a company, but I wasn’t aware that my company’s representative office in another province is still active. When I was about to submit the dissolution dossier for the company, the authority informed me that the Representative Office is still operating. My main company is located in Binh Duong. The status at the Authority of Planning and Investment is temporarily locked, and the tax department has already locked the tax code. The business registration number of the main company is 3700257609. My Representative Office was established on September 24, 2002, with business registration certificate number 4122000857 issued in Ho Chi Minh City.
Up until now, they haven’t assigned a dependent tax code, so I can’t proceed with the dissolution dossier. I contacted the Binh Thanh District-level Tax Department to request a dependent tax code, but they couldn’t issue it due to the main company’s locked tax code. The tax department advised me to contact the Authority of Planning and Investment for guidance. Now, I’m requesting guidance from the Authority of Planning and Investment on the procedures and process to dissolve this Representative Office.
Answer:
In the case of terminating a Representative Office to dissolve a business, your company does not need to apply for a 13-digit tax code for the Representative Office. The company only needs to fulfill its tax obligations at the tax authority and submit the dissolution dossier to the Business Registration Office.
Question:
The company has prepared the dissolution dossier for a branch, but at that time, the company had not yet settled the taxes, so they received a supplementary notice. Currently, our company has completed the tax settlement, but we don’t know when we will receive the notice of dissolution for the branch?
Answer:
If the company has completed procedures with the tax authority, it is advisable to contact the Business Registration Office. They can then submit the updated dossier to transmit the information back to the tax authority.
Conclusion
In conclusion, the process of preparing a business dissolution dossier is a complex and crucial undertaking that requires careful attention to detail and strict compliance with legal requirements. Additionally, it establishes a successful dissolution foundation by ensuring that all required documents are in order, and it ensures that the process complies with the law. Businesses should seek legal counsel and follow the prescribed procedures to navigate this process effectively, ultimately closing their operations in a manner that is both compliant and efficient.
HMLF is always available to offer assistance in understanding the procedures with authorities.
Harley Miller Law Firm “HMLF”
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
