Trang chủNewsQuestion and AnswerChange of equity, shareholders and position, which procedures should be implemented?

Date: 04/12/2020

 

Question:

 

I am an employee of a joint stock company. My company is looking to change equity, shareholders and positions. So what procedures do you need to perform?
 
Answer:
 
Procedures for changing the charter capital of a joint stock company:
 
In case of an increase or decrease in its charter capital, the company must carry out procedures for changing its charter capital as prescribed in Article 44 of the Government's Decree No. 78/2015 / ND-CP dated September 14, 2015 on business registration. Karma.
 
2. Procedures for changing shareholders: according to the provisions of the enterprise registration and the Government's Decree No. 108/2018 / ND-CP dated August 23, 2018 amending and supplementing a number of articles of Decree 78 / 2015 / ND-CP, the company only implements procedures to change shareholders in the following 2 cases:
 
- Founding shareholders have not paid or only partially paid for the registered shares for purchase as prescribed in Clause 1 Article 112 of the Law on Enterprises 2014 (as provided for in Clause 16, Article 1 of Decree No. 108/2018 / ND. -CP).
 
- Change of shareholder as a foreign investor in an unlisted joint stock company (as provided for in Article 52 of Decree No.).
 
3. Regarding the change of the company director:
 
- In case the change of the company's director changes the legal representative of the company, the company shall carry out the procedures for changing the legal representative as prescribed in Article 43 of Decree No. 78/2015 / ND-CP dated September 14, 2015 of the Government on enterprise registration.
 
- In case the change of the company director does not change the legal representative of the company, the company shall carry out the procedures for changing tax registration information as prescribed in Article 53 of Decree No. 78/2015 / ND. -CP dated September 14, 2015 of the Government on business registration.

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