Procedures for converting from a single-member limited liability company to a limited liability company 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.
To suit the scale and development orientation of businesses, currently some single-member LLCs have chosen to convert to LLCs with 2 or more members. ANT Legal Instructions on the order and legal procedures of converting the type of business are as follows:
Conversion order and procedures:
Step 1: Register to change the business registration certificate at the Department of Planning and Investment
Dossier components:
- Application for business registration Business;
- List of members;
- Company charter;
- Transfer contract or documents proving completion of transfer;
- Authorization document;
- Valid copies of documents following:
- Citizen identification card or ID card or valid Passport;
- Business registration certificate or other equivalent document in case the company member is an organization.
Number of documents: 01 (set)
How to submit application:
Enterprises submit online application through the national information portal on business registration:
https://dangkyquamang.dkkd.gov.vn
Within 05 working days, the Department of Planning and Investment will consider the eligibility regulations 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 mentioned above;
- 01 notice 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 results.
Housing fees water: Free registration + 100,000 change announcement fee.
Step 2: Carry out tax finalization:
Time to submit tax declaration:
No later than the 45th (forty-fifth) day from the date of decision on the enterprise converting the enterprise type.
Dossier components:
Corporate income tax finalization declaration (Form No. 03/TNDN issued with Circular 151/2014/TT-BTC);
Financial statements up to the time of the decision on the enterprise converting its business type;
Power of attorney.
Place of submission: The tax authority directly manages the enterprise.
- ANT Legal’s service of implementing business type conversion procedures
- Consulting on necessary documents in the company’s conversion procedure dossier;
- Collecting, checking and authenticating related documents;
- Drafting documents copies, applications, documents as prescribed by law;
- Representing customers to submit documents at the Business Registration Office of the Department of Planning and Investment;
- Representing customers to pay necessary fees according to regulations of state agencies;
- Representing customers to receive notification results at the Department of Planning and Investment, then handing over the documents back to customers goods.
ANT Legal always proud to be a company providing legal solution consulting services for businesses. With that experience, we are confident in providing company conversion services.
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.
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