Procedures for changing the owner of a single-member

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Procedures to change the owner of a one-member limited liability company is legal content that readers often need to check carefully before implementing it in practice. This article has been systematized by ANT Legal in an easy-to-understand way, helping individuals and businesses understand the main issues, common risks and appropriate solutions.

In case of transferring all capital contributions to another individual, the single-member LLC must carry out procedures to change the owner. ANT Legal guides the order and detailed legal procedures for changing the owner of a one-member LLC as follows:

Sequence and procedures for changing the owner of a one-member LLC:

Step 1: Register to change the Certificate of Business Registration with the Department of Planning and Investment

Dossier components:

Notification of change in business registration content;
Valid copy of one of the personal identification documents: citizen identification card, ID card or valid passport;
Valid copy amended and supplemented charter of the company;
Capital transfer contract or documents proving completion of capital transfer;
Document of the Department of Planning and Investment approving the capital contribution, share purchase, capital contribution of foreign investors;
Power of attorney.

Number of documents profile: 01 set

How to submit application:

Enterprises submit online application through the national business registration portal:https://dangkyquamang.dkkd.gov.vn/auth/default.aspx

Within 03 working days, the Department Planning & Investment will review the validity of the application.

After the online registration application is approved, the applicant prepares the following documents and submits them to the 1-stop department of the Department of Planning and Investment (in case of submitting the application using a public digital signature account, there is no need to submit the paper application again):

01 set of application components as stated above;
01 notice of approval to submit online application;
02 Receipt of online application submission;
ID copy of the applicant + original comparison.

After that, the Department of Planning and Investment will confirm the application components and return the final result results.

State fees: Free registration + 100,000 change announcement fee.

Step 2: Declare personal income tax for the old owner:

Time to submit personal income tax declaration:

If the individual self-declares: 10 days before the effective date of the capital transfer contract

If the Enterprise declares on its behalf: Before the procedure to change the business registration certificate.

Dossier components:

If an individual declares directly to the tax authority:

Personal income tax declaration for capital transfer Form 04/ CNV-TNCN (issued together with the circular 92/2015/TT-BTC)

If the enterprise declares on its behalf:

Personal income tax declaration from capital transfer Form 06/TNCN (issued together with Circular 92/2015/TT-BTC);
Copy of transfer contract with documents proving completion of transfer transfer;
Copy of business registration certificate;
Copy of personal identification documents of the transferee;
Copy of capital contribution certificate of the transferor.
Place of submission: Tax authority directly managing the enterprise.

Change service Owner of a one-member limited liability company:

With many years of experience in the profession, high professional qualifications and reputable working methods. ANT Legal will provide professional consulting services, supporting customers with procedures to change the owner of a one-member limited liability company quickly, effectively, and with legal assurance as follows:

Consulting on necessary documents in the file;
Collecting and checking necessary information and documents;
Representing customers to perform certification Execute related documents;
Draft documents, documents, and forms of decision to change the company owner according to regulations;
Representing customers to submit documents at the Department of Planning and Investment;
Representing customers to pay necessary fees for owner change activities;
Representing customers receive registration results at the Department of Planning and Investment.

ANT Legal always proud to be a company providing legal solution consulting services for businesses. With that experience, we are confident in providing the service of changing the owner of a limited company.

Note on Applying Current Legal Regulations

This article belongs to the Business & M&A group and is presented for reference purposes, helping readers understand the legal issue at an overview level before preparing a dossier or carrying out a transaction.

Legal regulations may vary depending on the timing, locality, type of dossier and specific circumstances. If you need to determine the exact legal basis applicable to your case, you should contact ANT Legal’s lawyers at 0966.475.966 for review and advice before proceeding.

Common Legal Risks to Note

Applying legal instruments that have been amended, supplemented or replaced.
Preparing an incomplete set of documents, materials or necessary evidence.
Misunderstanding the conditions, procedure, timeline or competent authority.
Signing, submitting a dossier or carrying out a transaction before fully assessing legal risks.

How Can ANT Legal Support You?

ANT Legal can review the specific circumstances, examine the dossier, identify the applicable legal basis, advise on an appropriate handling plan and represent clients in working with individuals, organizations or competent authorities where necessary.

For prompt advice, you may contact a lawyer at 0966.475.966.

Business & M&A, Legal Knowledge

Procedures for changing the owner of a single-member LLC member