What documents are required to change general partners? | iGuide

iGuide Stories

What does the application for change of general partner include?

Changing the general partners in a partnership requires the preparation of a complete and accurate set of documents. This article will list in detail the necessary documents, from the business registration certificate, company meeting minutes, to the personal documents of the new members, helping the business to follow the correct procedures and avoid legal risks.

Sub-section 8, Section I, Part B, promulgation procedures attached to Decision 855/QD-BKHĐT 2021 stipulates as follows:

1. Profile components:

(i) Notice of change in business registration contents signed by the legal representative of the enterprise;

(ii) List of members of a partnership company as prescribed in Article 25 of the Law on Enterprises, which does not include the declaration of capital contributing members;

(iii) Copy of legal documents of the individual for the new general partner.

The person authorized to sign the business registration application may authorize another organization or individual to carry out the business registration procedure:

- In case of authorizing an individual to carry out business registration procedures, the business registration dossier must be accompanied by a written authorization for the individual to carry out procedures related to business registration and a copy of the legal documents of the authorized individual. This authorization document does not need to be notarized or certified.

- In case of authorizing an organization to carry out business registration procedures, the business registration dossier must include a copy of the service provision contract with the organization providing services to carry out procedures related to business registration, a letter of introduction from that organization to the individual directly carrying out procedures related to business registration, and a copy of the legal documents of the individual being introduced.

- In case of authorizing a public postal service provider to carry out business registration procedures, when carrying out business registration procedures, the postal employee must submit a copy of the application form according to the form issued by the public postal service provider with the signature of the postal employee and the person authorized to sign the business registration request.

- In case of authorizing a postal service provider other than a public postal service to carry out business registration procedures, the authorization shall be carried out as in the case of authorizing an organization.

Thus, the application file for change of general partner includes the above documents.

2. Name of form, declaration form:

- Notice of change in business registration content (Appendix II-1 Circular 01/2021/TT-BKHĐT);

- List of members of the partnership company (Appendix I-9 Circular 01/2021/TT-BKHĐT).

* See more about the number of records; processing time; implementing agency; subjects performing administrative procedures; results of administrative procedures; fees and charges for registration procedures at: sub-section 8, Section I, Part B, procedures issued with Decision 855/QD-BKHĐT 2021.