In this article, the Business Registration Office discusses regulations related to the role of the registrant, the title of the signer in the forms [...]
In this article, the Business Registration Office discusses regulations related to the role of the registrant and the title of the signer in business registration application forms (DKD) so that those carrying out the procedures can easily prepare the correct documents.
In the forms of business registration request for one-member LLC/Limited company with two or more members/Joint-stock company specified in Appendices I-2, I-3, I-4 issued with Circular No. 01/2021/TT-BKHDT dated March 16, 2021 of the Ministry of Planning and Investment, the role of the registrant is declared before the section "Establishment status" as follows:
– Appendix I-2:
“Register a one-member limited liability company of which I am the legal representative/Chairman of the company/Chairman of the Board of Members with the following contents:”
– Appendix I-3:
“Register a two-member limited liability company of which I am the legal representative/Chairman of the Board of Members with the following content:”
– Appendix I-4:
“Register a joint stock company with me as the legal representative/Chairman of the Board of Directors with the following contents:”
For this content, the person carrying out the procedure needs to determine the correct case to accurately declare the registrant's role. According to the provisions in the form, only when carrying out procedures for converting the type of enterprise at the same time as changing the legal representative, the person with authority to register with the new Business Registration Authority is Chairman of the company/Chairman of the Board of members/Chairman of the Board of Directors (corresponding to the type of converted enterprise). This also means that when carrying out the registration procedure to establish a new single-member LLC/Limited company with two or more members/Shareholding company, the role of the registrant declared in the business registration application must of course be Legal representative.
With the above regulations, the person carrying out the procedure only needs to simply note the following to prepare the correct business registration documents:
– If carrying out the registration procedure to establish a new one-member limited liability company/limited company with two or more members/joint stock company: declare the registrant's role as Legal representative (delete other roles); declare the correct title of the signer in the signature section as "LAW REPRESENTATIVE OF THE COMPANY".
– If you carry out the registration procedure to change the type of business but the legal representative does not change: still declare the registrant's role as Legal representative (remove other roles); declare the correct title of the signer in the signature section as "LAW REPRESENTATIVE OF THE COMPANY".
– Only when carrying out the registration procedure to convert the type of business and the legal representative changes compared to the previous registration content: determine the registrant's role as Chairman of the company/Chairman of the Board of members/Chairman of the Board of Directors corresponding to the type of converted business (remove the role of Legal Representative); Declare the correct title of the signer in the corresponding signature section according to the registrant's role.
Similarly, when drafting the lists re-regulated in Appendix I-6, I-7, I-8, I-10 issued with Circular No. 01/2021/TT-BKHDT, the person carrying out the procedures also identifies and declares the correct title of the person signing the list according to the above regulations.
Hai Phong Business Registration Office found that there were many cases where the person carrying out the procedures forgot to identify or incorrectly declared the role of the registrant and the title of the signer when drafting the above documents, causing the documents to have to be amended and supplemented according to regulations. Hai Phong Business Registration Office hopes that the above discussed content will help businesses pay attention when preparing documents, and at the same time easily identify the registrant and the signer's title when declaring and drafting documents, especially for cases of registering to establish new businesses!
Procedures
