The authorized representative of the shareholder as organization in the company is a legally authorized individual who performs responsibilities within the scope of authorization for acting on behalf of the shareholder in the company. The exercise of rights and responsibilities and appointment of an authorized representative must comply with certain requirements under the Enterprise law.
1. Who is the authorized representative in the company?
Authorized representatives of shareholders as organization in the company:
– Being authorized in writing;
– Having the right and responsibility to perform the rights and obligations on behalf of that shareholder as prescribed.
2. Principle of appointment on authorized representative?
In case the Charter does not regulate, the authorized representative of the shareholder will be appointed on the principle that the organization is a shareholder of a joint-stock company that owns at least 10% of the total number of authorized ordinary shares has the right to appoint maximum 03 authorized representatives.
In case a shareholder is an organization with many authorized representatives, it is necessary to specify the number of shares for each authorized representative. If not specified, the number of shares will be divided equally among all authorized representatives.
3. Content of document appointing the authorized representative?
The document designating the authorized representative shall be informed to the company, be effective on the date it is received by the company and contain the following information:
– Names, enterprise identification (EID) numbers, headquarters addresses of the owner/members/partners/shareholders;
– Quantity of authorized representatives and their holdings;
– Full name, mailing address, nationality, legal document number of each authorized representative;
– The beginning date and duration of authorization of each authorized representative;
– Full names and signatures of the legal representatives of the owner/members/partners/shareholders and of the authorized representatives.

>> CONDITIONS FOR ISSUANCE OF INVESTMENT REGISTRATION CERTIFICATE https://linconlaw.vn/conditions-for-issuance-of-investment-registration-certificate-not-subject-to-approval-for-investment-guidelines/
>> REQUIREMENT OF SUPPLEMENTED FOOD ANNOUNCEMENT https://linconlaw.vn/requirement-of-supplemented-food-announcement/
4. Responsibilities of authorized representatives of shareholders?
The authorized representative shall, on behalf of the company’s shareholders, perform the rights and obligations of shareholders at the General Meeting of Shareholders in accordance with law. In there:
– The authorized representative is responsible for attending fully the General Meeting of Shareholders; perform the authorized rights and obligations honestly, carefully and in the best way, protecting the legitimate interests of the shareholders appointing representatives.
– The authorized representative is responsible to the shareholder who appoints the representative for violating the prescribed responsibilities. The shareholder appointing a representative is responsible in front of a third party for any arising liability related to the rights and obligations performed through the authorized representative.
Legal basis:
- Law on Enterprise 2020.
𝐋𝐈𝐍𝐂𝐎𝐍 𝐋𝐀𝐖 𝐅𝐈𝐑𝐌 – 𝐒𝐮𝐬𝐭𝐚𝐢𝐧𝐚𝐛𝐥𝐞 𝐜𝐨𝐨𝐩𝐞𝐫𝐚𝐭𝐢𝐨𝐧
- In Hanoi: 4F Sudico Tower, Me Tri street, My Dinh 1 ward, Nam Tu Liem district, Hanoi city.
- In HCMC: 272 Do Phap Thuan, An Phu ward, Thu Duc city, Ho Chi Minh city.
- Website: http://linconlaw.vn/
- Email: Lawyer@linconlaw.vn
- Facebook: https://www.facebook.com/Linconlawfirmm
- Linkedln: linkedin.com/in/lincon-law-firm-100b96201
- Hotline: +84.987.733.358