Where to look up the company’s charter capital? What does the registration dossier for changing the business registration content in case a joint stock company changes its charter capital?

1. Where to look up the company’s charter capital?

According to the regulations creating Clause 34, Article 4 of the Law on Enterprises 2020, charter capital is understood as:

– Total value of assets contributed or committed to by company members and owners when establishing a limited liability company or partnership;

– Total par value of shares sold or registered to buy when establishing a joint stock company.

Individuals and organizations that need to look up the company’s charter capital can quickly look up on the National Information Portal on business registration. Specifically:

Step 1: Access the National Business Registration Portal at: https://dichvuthongtin.dkkd.gov.vn/inf/default.aspx

Step 2: Enter the business name in the “Search” box in the upper right corner.

Step 3: Click “Search” and get the results displayed on the screen.

However, looking up the company’s charter capital in this way will sometimes fail to find the business information you need to look up for a number of reasons such as:

– That business has not updated data on the company’s charter capital;

– That business has just been established so it doesn’t have a number yet. data;

– The information search portal has not updated all business information nationwide.

2. For a joint stock company offering shares, how long must it take to register a change in charter capital?

The time limit for registering a change in charter capital is specified in Clause 4, Article 123 of the 2020 Enterprise Law as follows:

Offering shares

1. Offering shares is a company increasing the number of shares and types of shares authorized to be offered for sale to increase charter capital.

2. Offering shares can be done in the following forms:

a) Offering shares to existing shareholders;

b) Offering individual shares;

c) Offering shares to the public.

3. Offering shares to the public, offering shares of public companies and other organizations shall comply with the provisions of securities law.

4. The company shall register changes in charter capital within 10 days from the date of completion of the share sale.

Accordingly, offering shares is understood as a joint stock company increasing the number of shares and types of shares authorized to be offered for sale to increase its charter capital.

According to regulations, a joint stock company offering shares must register a change in charter capital within 10 days from the date of completion of the share sale.

3. What is included in the registration dossier to change the business registration content in case a joint stock company changes its charter capital?

Registration dossier to change business registration content is specified in Clause 1, Article 51 of Decree 01/2021/ND-CP as follows:

Register to change charter capital, capital contribution, capital contribution ratio

1. In case a limited liability company, joint stock company, or partnership registers a change in charter capital, the company sends a registration dossier to change the business registration content to the Business Registration Office where the company’s headquarters is located. The dossier includes the following documents:

a) Notice of change in business registration content signed by the legal representative of the enterprise;

b) Resolutions and decisions of the company owner for one-member limited liability companies; Resolutions, decisions and meeting minutes of the Board of Members for limited liability companies with two or more members, partnerships, and the General Meeting of Shareholders for joint stock companies on changing charter capital;

c) Document from the Investment Registration Authority approving capital contribution, stock purchase, capital contribution purchase by foreign investors, foreign-invested economic organizations in cases where capital contribution registration procedures, stock purchase, capital contribution purchase must be carried out according to the provisions of the Investment Law.

2. In case the company registers to change the capital contribution, the capital contribution ratio of members of a limited liability company with two or more members, of general partners of a partnership, the company sends a registration dossier to change the business registration content to the Business Registration Office where the company’s head office is located. The dossier includes the following documents:

a) Notice of change in business registration content signed by the legal representative of the enterprise;

…

Thus, according to regulations, in case a joint stock company registers to change its charter capital, it must send the registration dossier to change the business registration content to the Business Registration Office where the company’s head office is located.

Dossier for registration of change The content of business registration in case a joint stock company changes its charter capital includes the following documents:

– Notice of change in business registration content signed by the legal representative of the enterprise;

– Resolutions, decisions and meeting minutes of the General Meeting of Shareholders for joint stock companies on changing charter capital;

– Document Document from the Investment Registration Authority approving capital contribution, stock purchase, capital contribution purchase by foreign investors, foreign-invested economic organizations in cases where capital contribution registration procedures, stock purchase, capital contribution purchase must be carried out according to the provisions of the 2020 Investment Law.