Clubs · Dec 4, 2024 · 2 min read
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What documents are required to establish a joint stock company?
This article provides detailed information on the documents required to establish a joint stock company in Vietnam. From important legal documents to the implementation process, preparing complete and accurate documents will help you more easily complete the company establishment procedure quickly and effectively.
1. Article 22 of the Enterprise Law 2022 stipulates the specific documents for establishing a joint stock company as follows:
Joint Stock Company Registration Form
1. Business registration application.
2. Company charter.
3. List of founding shareholders; list of shareholders who are foreign investors.
4. Copies of the following documents:
a) Legal documents of individuals for founding shareholders and shareholders who are foreign investors and legal representatives;
b) Legal documents of the organization for shareholders that are organizations and documents appointing authorized representatives; legal documents of individuals for authorized representatives of founding shareholders and shareholders that are foreign investors that are organizations.
For shareholders that are foreign organizations, copies of the organization's legal documents must be consularized;
c) Investment registration certificate for foreign investors as prescribed by the Investment Law.
2. Decision 855/QD-BKHĐT in 2021 stipulates that the dossier for establishing a joint stock company includes the following documents:
- Application for business registration according to form.
- Draft company charter (with full name and signature of individual founding shareholder; legal representative or authorized representative of organizational founding shareholder).
List of founding shareholders:
List of founding shareholders according to the form.
List of shareholders who are foreign investors according to the form.
List of authorized representatives (of foreign organization shareholders) according to the form.
- Commitment to implementing social and environmental goals (for social enterprises);
- Decision of competent authority allowing conversion of social protection facility, social fund, charity fund into social enterprise.
- Valid copies of the following documents:
+ Valid ID card/Citizen identification card or Passport of the shareholder.
+ Business registration certificate (except in cases where the organization is a state agency) and authorization document with personal identification documents of the authorized representative of the organization.
+ Investment registration certificate for enterprises established or co-established by foreign investors or economic organizations with foreign investment capital according to the provisions of the Investment Law and its implementing documents.
- In case the business owner does not directly submit the application, the authorized person must submit a valid copy of one of the following personal identification documents:
+ For Vietnamese citizens: Valid ID card/Citizen identification card or passport.
+ For foreigners: Valid foreign passport or document in lieu of a valid foreign passport.
Attached is a written authorization for an individual to carry out procedures related to business registration (notarization or certification is not required).
