Trang chủNewsQuestion and AnswerNew regulations on procedures for capital transfer to foreign individuals

Date: 05/03/2021

 

 

Question:

 

My company is a company with 100% foreign capital. Currently, if a member of the company wants to transfer 10% of his capital contribution to a foreign individual, let me ask what is the procedure? Thank you

 

 

 
Answer:
 
In case a two-member limited liability company changes the company member, you are requested to base on the provisions of Article 52 of the Government's Decree No. 01/2021 / ND-CP dated January 4, 2021 on enterprise registration. To register to change members as follows:
 
In case of a member change due to capital transfer, an enterprise registration dossier comprises the following papers:
 
a) Notice of changes to the enterprise registration information registered by the legal representative of the enterprise;
 
b) List of members of the limited liability company with two or more members. The list of members must include signatures of new members and members whose stakes are changed, and the signatures of members whose stakes are not changed are not required;
 
c) A transfer contract or documents proving completion of the assignment;
 
d) Copies of legal papers of the individual in case the new member is an individual or a copy of legal papers of the organization, a copy of the individual's legal papers for an authorized representative and a copy of the individual's legal papers. copy the document appointing the authorized representative in case the new member is an organization.
 
If the member is a foreign organization, the copy of the organization's legal papers must be consularly legalized;
 
dd) Document of the investment registration authority approving the contribution of capital, purchase of shares, purchase of capital contribution of foreign investors, foreign-invested economic organizations, in case of implementation. procedures for registration of capital contribution, share purchase, capital contribution purchase in accordance with the Law on Investment. 
 
Best regards./.
 
 
 

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