Trang chủNewsQuestion and AnswerProcedures for changing the chairman of the board under the Enterprise Law 2020

Date: 05/02/2021

 

Question:

  

Currently, my company is implementing the following changes:

1 / Change of the chairman of the board of directors (the chairman of the board of directors is not the legal representative)
2 / Change of existing shareholders of the company (the charter capital does not change)
With the 2 above changes, do I need to submit a profile to submit the business registration office?
 
 
Answer:
 
1 / According to Clause 1, Article 156 of the Law on Enterprises 2020 stipulates "1. The Chairman of the Board of Directors shall be elected, dismissed or dismissed by the Board of Directors among the members of the Board of Directors.". Currently, the Law on Enterprises 2020 and its guiding documents do not provide for the procedure to change the chairman of the board of directors (the chairman of the board of directors is not the legal representative).
 
2 / According to Clause 2, Article 57 of Decree 01/2021 / ND-CP of the Government dated January 4, 2021 on enterprise registration "The notification of information change of founding shareholders with the Business Registration Office only In case the founding shareholders have not yet paid or only partially paid for the shares registered to buy in accordance with the provisions of Article 113 of the Law on Enterprises, the enterprise is responsible for making notification of information change of the shares. Founding shareholders within 30 days from the end of the term must pay for the registered shares to buy. "
 
 
 
 
 

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