Each investor when establishing a business will have different orientations and conditions, in terms of fields, capital sources, profit goals. Accordingly, depending on the type of enterprise, the issues of rights and obligations of business owners, members or shareholders are also different. Joint stock companies are quite popular types of enterprises chosen. So, what is the procedure for establishing a joint stock company?
1. What is a joint stock company?
A joint-stock company is a type of company with a minimum of 3 or more shareholders and no maximum member limit. Each shareholder is only liable to the extent of the amount of capital contributed to the company.
2. Competence to process applications
Business registration office – Department of Planning and Investment of the province / city where the enterprise is headquartered.
3. Procedures for establishing a joint stock company
– Step 1: Prepare documents for establishment of a joint stock company.
– Step 2: Submit the application for the Certificate of Business Registration and pay the enterprise information disclosure fee. The time for issuance of the Certificate of Business Registration is 03 working days.
– Step 3: Engrave the business mark.
Note: Enterprises have the right to decide on the form, quantity and content of the enterprise’s seal.
– Step 4: The company’s shareholders make a charter capital contribution.
– Step 5: Complete the following procedures for establishing a joint stock company.
>> CHANGE ON INFORMATION OF INVESTOR, WHAT NEED TO DO? https://linconlaw.vn/change-on-information-of-investor-what-need-to-do/
>> INVESTMENT CAPITAL INCREASE, DECREASE – PERFORMANCE PROCEDURE https://linconlaw.vn/investment-capital-increase-decrease-performance-procedure/
4. Dossier of establishment of a joint stock company
– An application for registration of establishment of a joint-stock company;
– Company’s charter;
– List of founding shareholders;
– People’s identity card/citizen identification card or passport of the shareholder;
– Business registration certificate/Business registration certificate for organizations (except for cases where the organization is a Ministry / People’s Committee of the province or city) and enclosed with personal identification papers and authorized decisions of the authorized representative of the organization;
– Capital contribution decisions of shareholders being organizations.
5. Procedural results
Certificate of business registration.
Legal basis:
- Enterprise Law No. 59/2020/QH14 dated 17/06/2020;
- Decree 01/2021/ND-CP dated 04/01/2021 Decree guiding business registration;
- Circular 01/2021/TT-BKHDT dated 16/03/2021 Circular guiding business registration.
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