What documents are required to change the legal representative of a private enterprise?

1. The management of private enterprises is stipulated in Article 190 of the 2020 Enterprise Law as follows:

Private business management

1. The owner of a private enterprise has full decision-making power over all business activities of the private enterprise, the use of profits after paying taxes and fulfilling other financial obligations as prescribed by law.

2. The owner of a private enterprise may directly or hire another person to be the Director or General Director to manage and operate the business activities; in this case, the owner of a private enterprise shall still be responsible for all business activities of the private enterprise.

3. The owner of a private enterprise is the legal representative, representing the private enterprise as the person requesting the settlement of civil matters, the plaintiff, the defendant, the person with related rights and obligations before the Arbitration and the Court, representing the private enterprise to exercise other rights and obligations as prescribed by law.

Thus, according to the above provisions, the owner of a private enterprise is the legal representative of the private enterprise. Therefore, changing the legal representative means changing the owner of the private enterprise.

2. Change profile

The dossier for changing the owner of a private enterprise in case of selling, donating the enterprise, or the death of the enterprise owner according to Clause 1, Article 54 of Decree 01/2021/ND-CP includes:

+ Notice of change in business registration content with signatures of the seller, donor, buyer, and recipient of the private enterprise in case of selling or donating a private enterprise;

Notice of change of business registration content with the signature of the heir in case the private business owner dies;

+ Copy of legal documents of the individual for the buyer, the person receiving the private enterprise, the heir;

+ Sales contract or documents proving completion of the sale in case of selling a private enterprise;

Donation contract in case of donation to private enterprise;

A copy of the document confirming the legal inheritance rights of the heir in case of inheritance.