CHANGE OF LEGAL REPRESENTATIVE

HOW TO CHANGE A LEGAL REPRESENTATIVE?

Legal representative of the enterprise: An individual representing the enterprise to exercise the rights and obligations arising from the transaction of the enterprise, representing the enterprise in the capacity of plaintiff, defendant, person with related rights and obligations before the Arbitrator, the Court and other rights and obligations as prescribed by law.

(Excerpt from Article 13 of the Law on Enterprises: About the legal representative of the enterprise) Thus, in case the Company changes another representative to replace the old one. The former legal representative, capital contributors and owners must notify and send to the licensing agency within 10 days from the date of change. For cases where the legal representative does not stay in Vietnam regularly for more than 30 days. To make a written authorization for another person to perform the relevant rights and obligations of the legal representative on behalf of the current legal representative.

Note: A company may have one or more legal representatives.

Conditions to be the legal representative

(Citing Article 65 of the Law on Enterprises regarding the criteria and conditions to act as Director, General Director) Having full capacity for civil acts, not being the subject of not being subject to corporate management as prescribed in Clause 2, Article 18 of This law. Have qualifications and experience in business administration of the company, unless otherwise provided in the company's charter.

Responsibility of the legal representative

(Citing Article 14 of the Law on Enterprises regarding the responsibilities of the legal representative of an enterprise) The legal representative of an enterprise has the following responsibilities:

⏩ To exercise the assigned rights and obligations honestly, carefully, and best to ensure the legitimate interests of the enterprise.

⏩ Loyal to the interests of the enterprise; do not use information, know-how, business opportunities of the enterprise, do not abuse their position, position and use the assets of the enterprise for personal gain or to serve the interests of other organizations and individuals.

⏩ To promptly, fully and accurately notify the enterprise that such representative and his/her related persons own or have controlling shares or contributed capital in other enterprises.

⏩ The legal representative of the enterprise is personally liable for any damage caused to the enterprise by the breach of the obligations specified in Clause 1 of this Article.

Procedure for changing legal representative

(Excerpt from Article 43 of Decree No. 78/2015/ND-CP on procedures for registration of change of legal representative of the company) Application for registration of change of legal representative of a limited liability company , a joint stock company includes the following documents:

✅ Notice of change of legal representative (specified form).

✅ A valid copy of one of the personal identification papers of the additional or replacement person acting as the legal representative of the company.

✅ Decision of the company owner for a single member limited liability company ty

Decision and valid copy of meeting minutes of the Members' Council, for limited liability companies with two or more members, on the change of the legal representative.

The decision and valid copy of the minutes of the General Meeting of Shareholders for a joint stock company on the change of the legal representative in case the change of the legal representative changes the contents. Company rules.

The decision and valid copy of the meeting minutes of the Board of Directors for a joint-stock company in case the change of the representative does not change the contents of the company's charter other than the content of the full name and letter. signed by the legal representative of the company specified in Article 25 of the Law on Enterprises.

The decision and meeting minutes must clearly state the amended contents in the company's charter.

Change of legal representative DOCUMENTATION REQUEST at ABA VISA

Read MST or Scanned / photographed copy of current business license Scanned / photographed ID card / ID card / Passport of the new legal representative.

CHANGE OF LEGAL REPRESENTATIVE

See more: CHANGE OF CHARTER CAPITAL