Can two or more limited liability law firms agree to merge into a new limited liability law firm?

According to the law, what content does a law firm charter include?

Pursuant to Article 7 of Decree 123/2013/ND-CP stipulating that a law firm charter includes the following main contents here:

– Name and address of headquarters;

– Type of law firm;

– Field of practice;

– Full name, permanent address of the owner lawyer (for a one-member limited liability law firm) or member lawyers (for a limited liability law firm with two or more members and a partnership law firm);

– Rights and obligations of the owner lawyer or member lawyers;

– Conditions and procedures for joining or withdrawing from the list of member lawyers (for limited liability law firms with two or more members and partnership law firms);

– Organizational structure, management and administration;

– Form of adoption of decisions and resolutions; principles of internal dispute resolution;

– Principles of profit distribution and responsibilities of member lawyers for the company’s obligations (for limited liability law firms with two or more members and partnership law firms);

– Cases of suspension, termination of operations and asset liquidation procedures;

– Form for amending and supplementing law firm charter.

– The law firm charter must be signed by the owner’s lawyer or all member lawyers.

Can two or more limited liability law firms agree to merge into a new limited liability law firm?

Pursuant to Clause 1, Article 12 of Decree 123/2013/ND-CP regulating consolidation law firms as follows:

“Article 12. Consolidation of law firms

1. Two or more limited liability law firms may agree to merge into a new limited liability law firm. Two or more partnership law firms may agree to merge into a new partnership law firm.”

Thus, according to the law, two or more limited liability law firms can agree to merge into a new limited liability law firm.

What content does a law firm consolidation file include?

Pursuant to Clause 2, Article 12 of Decree 123/2013/ND-CP, a law firm consolidation file is sent to the Department of Justice where the consolidated law firm is registered to operate. Documents include:

– Application for law firm merger;

– Consolidation contract, which must clearly stipulate procedures, deadlines and conditions for consolidation; labor use plan; inheritance of all legal rights, obligations and interests of the merged law firms;

– Operation registration papers of merged law firms;

– Charter of the consolidated law firm.

How is the law firm consolidation registration process regulated by law?

Pursuant to Clause 2, Clause 3 and Clause 4, Article 12 of Decree 123/2013/ND-CP stipulates the law firm consolidation registration process as follows following:

– Within 10 days from the date of receipt of complete and valid documents, the Department of Justice shall issue an operation registration certificate to the consolidated law firm; In case of refusal, it must be notified in writing and clearly state the reason.

– The procedure for announcing the operation registration content of a consolidated law firm is carried out in accordance with the provisions of Article 38 of the Law on Lawyers.

– After the consolidated law firm is granted an Operation Registration Certificate, the merged law firms will terminate their operations. The consolidated law firm enjoys legal rights and interests, is responsible for all unpaid debts, ongoing legal service contracts, labor contracts signed with lawyers, other employees and other property obligations of the merged law firms.

– Within 05 working days from the date of issuance of the Certificate of Operation Registration to the consolidated law firm, the Department of Justice shall notify the Department of Justice where the merged law firm’s operations are registered about the consolidation and enclose a copy of the Certificate of Operation Registration of the consolidated law firm to delete the name of the merged law firm from the list of registered operations.