Things to note after changing the company name is legal content that readers often need to check carefully before implementing it in practice. This article has been reorganized by ANT Legal in an easy-to-understand way, helping individuals and businesses understand the main issues, common risks and appropriate solutions.
After completing the procedure to change the company name and being granted a Business Registration Certificate under the new company name, the company needs to do the following tasks:
(i) Adjust information on the Company Charter ty
According to the provisions of Article 24 of the Law on Enterprises 2020, the Company Charter includes the Charter upon business registration and the Charter amended and supplemented during the operation process.
The company charter includes the main contents specified in Clause 2, Article 24 of the Law on Enterprises 2020, which includes information such as name and head office address of the company; name and address of branch and representative office (if any); industry, business…
Therefore, after changing the company name, the company must adjust information about the company name in the company’s Charter.
(ii) Replace company seal
According to the provisions of Article 43 of the Law on Enterprises 2020, the company’s seal will include a seal made at a seal engraving facility or a seal in the form of a digital signature according to the provisions of law on electronic transactions.
Enterprises decide on the type of seal, quantity, form and content of seals of the enterprise, branches, representative offices and other units of the enterprise.
Changing a business name is one of the cases where a business needs to change its seal sample.
Although currently, businesses are allowed to self-manage seal samples and do not need to notify state management agencies. However, to be consistent in terms of records and documents and create trust for partners and customers, the company needs to change the seal sample according to the new company name.
(iii) Change company bank account information
Currently, opening a bank account for a company is a mandatory need to serve the company’s business activities. A bank account is important information for each business related to transaction activities.
Therefore, in order for the company’s information to be consistent, after changing the name, the company must contact the bank where the account is opened to carry out procedures to change bank information.
(iv) Change social insurance registration information
When changing its name, the company is responsible for notifying the social insurance agency to change the company’s social insurance registration information.
Accordingly, according to the provisions of Article 23 of Decision 595/QD-BHXH 2017, the company prepares a declaration of participating units and adjusts social insurance and health insurance information (Form TK3-TS) accompanied by a copy of the Business Registration Certificate with the new name and submits it to the social insurance agency where social insurance is registered to change the information.
Note: Businesses can submit directly or by mail or via I-VAN service to carry out this procedure.
(v) Change company sign
According to the provisions of Clause 4, Article 37 of the Law on Enterprises 2020, the enterprise name must be attached to the headquarters, branches, representative offices, and business locations of the enterprise. The business name must be printed or written on transaction papers, documents and publications issued by the business.
The business name is attached to the company sign. This is a mandatory obligation. Any company that does not comply will be subject to administrative sanctions.
Therefore, after changing the name, the company needs to change the company sign according to the new name.
(vi) Changing information on the trademark protection certificate
According to the provisions of Clause 1, Article 97 of the 2005 Intellectual Property Law, the owner of a protection title has the right to request the state management agency on industrial property rights to amend the following information on the protection title on the condition that fees and charges must be paid:
– Change or correct errors related to the name and address of the author or protection title holder;
– Modify the description of specific characteristics, qualities, and geographical areas carrying geographical indications; Amend regulations on use of collective marks and regulations on use of certification marks.
Therefore, after changing the name, the company needs to carry out procedures to amend information about the company on the trademark protection certificate.
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.
Related Articles
- Procedures Register to change charter capital for a one-member limited liability company
- Latest instructions for changing capital contributing members of a limited liability company with two or more members
- When must procedures for changing the company name be carried out?
- Types of shares in joint stock companies
- Can university lecturers establish and manage a business in Vietnam?
