Procedures for changing the legal representative of a Joint Stock Company

1. Concepts

Pursuant to Clauses 1, 2, Article 12, the Enterprise Law 2020 stipulates as follows:

“1. The legal representative of an enterprise is an individual representing the enterprise to exercise the rights and obligations arising from the enterprise’s transactions, representing the enterprise as a plaintiff, defendant, person with legal rights and interests. related interests and obligations before the Arbitrator, the Court and other rights and obligations as prescribed by law.

2. Limited liability companies and joint stock companies may have one or more legal representatives. The company charter specifies the number and management titles and rights and obligations of the legal representative of the enterprise.”

2. Order and procedures for changing the legal representative of the Joint Stock Company

Records include:

  1. Notice of change of legal representative.
  2. A valid copy of one of the personal identification papers (ID card/CCCD/Passport) of the additional or replacement person acting as the legal representative of the company.
  3. The decision and valid copy of the minutes of the meeting of the General Meeting of Shareholders for a joint-stock company on the change of the legal representative in the event that the change of the legal representative changes the contents of this Article. company rate.
  4. The decision and meeting minutes must clearly state the amended contents in the company’s charter.
  5. 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 legal representative does not change the contents of the company’s charter other than the content of the full name and surname. , signature of the legal representative of the company specified in Article 25 of the Law on Enterprises.
  6. Decisions and meeting minutes must clearly state the amended contents in the company’s charter.
  7. Notice of change of manager of the enterprise (Usually the legal representative of the enterprise is also another Manager of the enterprise)
  8. Authorization letter for the person to carry out the procedures for changing the legal representative of the enterprise.

Above is Khoa Tin‘s advice on the procedure for changing the legal representative of a joint-stock company in Vietnam.

In case customers have unclear issues or need to discuss further, please call us immediately at 0983.533.005 for a free consultation.

Best regards./.