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Changing the content of enterprise registration

22/01/2021

In the course of its business, for reasons such as the head office address is no longer appropriate, to add more business lines, expand the scale of capital, ... that enterprises need to do procedures instead. change the contents of enterprise registration with state agencies in order to be granted an enterprise registration certificate in case of registration of changes in the contents of the enterprise registration certificate or being granted a certificate of change Enterprise registration content for cases of notification of changes in enterprise registration contents. Join Khoa Tin to learn about the cases and deadlines for changing the content of business registration.

I. Registration to change contents of the Certificate of Business registration

1. Cases of registration for changing contents of an enterprise registration certificate

According to Clause 1, Article 30 of the Enterprise Law 2020, an enterprise must register with the business registration agency when changing the contents of an enterprise registration certificate regarding one of the following main contents:

• Business name and business code;

• The address of the head office of the business;

• Full name, contact address, nationality, number of legal documents of the individual for legal representatives of limited liability companies and joint stock companies; to general partners of partnerships; for business owners of private businesses. Full name, contact address, nationality, number of individual legal papers for members being individuals; name, business number and address of the head office of the member being the organization, for the limited liability company;

• Charter capital for companies, investment capital for private enterprises.

2. The time limit for registration is to change the contents of an Enterprise Registration Certificate

According to Clauses 2 and 3, Article 30 of the 2020 Law on Enterprises:

• The enterprise is responsible for registering changes to the content of the Business Registration Certificate within 10 days from the date of the change.

• Within 03 working days from the date of receipt, the business registration agency is responsible for examining the validity of the dossier and issuing a new business registration certificate; In case the dossier is not valid, the business registration agency must notify in writing the contents to be amended and supplemented to the enterprise. In case of refusal to issue a new enterprise registration certificate, it must notify the enterprise in writing, clearly stating the reason.

II. Notice of changes in business registration content

1. Cases of notification of changes in enterprise registration contents

According to Clause 1, Article 31 of the 2020 Law on Enterprises, an enterprise must notify the business registration agency of any change of one of the following contents:

• Business;

• Founding shareholders and shareholders are foreign investors in a joint stock company, except for a listed company;

• Other contents in the application for business registration such as: Investment capital of the owner of a private enterprise; tax registration content; information of the enterprise manager, information of the authorized representative of the shareholder being a foreign organization.

2. The time limit for notification of changes in enterprise registration content

According to Clauses 2, 3 and 4, Article 31 of the 2020 Law on Enterprises:

• Enterprises are responsible for notification of changes in business registration content within 10 days from the date of change.

• Joint stock company must notify in writing to the business registration office where the company is headquartered within 10 days from the date of change for foreign investors registered in the register of shareholders of the company.

• Within 03 working days from the date of receipt of the notice, the business registration agency is responsible for examining the validity and changing the contents of business registration; In case the dossier is not valid, the business registration agency must notify in writing the contents to be amended and supplemented to the enterprise. In case of refusing to amend or supplement information according to the contents of the notification of change of enterprise registration, a written notice must be made to the enterprise, clearly stating the reason.

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