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LEGAL UPDATE NEWSLETTER AUGUST 2018

Decree No. 108/2018 / ND-CP dated August 23, 2018 of the Government amending and supplementing a number of articles of the Government's Decree No. 78/2015 / ND-CP of September 14, 2015 on registration Enterprise (Business Registration)

Accordingly, some of the important amendments and supplements are summarized as follows:

- Supplementing the principle of application for settlement of business registration procedures: “Enterprises are not required to affix stamps in the application for business registration, notice of changes in the content of business registration, resolutions, decisions, and minutes of meetings in business registration documents. ”

- Supplementing the provisions on documents authorizing individuals to carry out procedures related to business registration: "This document is not required to be notarized or authenticated."

- Amending the requirement for a business registration dossier for a one-member limited liability company: abolishing the charter or equivalent documents of the owner in case the company owner is an organization.

- Supplementing the regulations on business registration documents for cases of changing enterprises: “Enterprises can register to change the type of enterprise at the same time register to change the content of business registration, notice of changes to other business registration contents, except for cases of registration of change of legal representatives. "

- Supplementing the terms of business registration on the basis of conversion from a business household: stipulating the registration agency, the registration dossier and the time limit and procedures for handling.

- Abolishing the regulation that business locations must be located in the provinces or cities where the enterprises are headquartered or branches.

- Additional provisions on the enterprise can carry out procedures for notification of seal samples electronically, in this case no need to send a paper copy to the business agency.

- Supplementing the time limit for enterprises to amend and supplement business registration documents online is 60 days from the date Business Registration Office issues a Notice of request for modification and supplement of documents.

- Amending regulations on notification in case of changing members of a limited liability company with two or more members: clarifying the case of new member admission leading to increase of charter capital.

- Amending regulations on the notification of change of information of founding shareholders of a joint stock company: only in case the founding shareholders have not paid or only partially paid for the shares registered to buy. Enterprises are responsible for making notice of change of information of founding shareholders within 30 days from the end of the deadline to pay all the registered shares.

- Amending regulations for cases where the content declared in the business registration dossier is fake and procedures for revocation of an enterprise registration certificate.

- Supplementing the regulations on settling business registration procedures according to the decision of the Commercial Arbitration.

This Decree comes into force from October 10, 2018.

 

For more details on the August newsletter please click on the attached message below

Date Submitted: 10/09/2018 View: 25.058 Print the article
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