Regulations on dossiers for consolidating partnership law companies under Vietnamese law

What content does a partnership law firm merger file include? And where is the law partnership merger file sent?

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1. What content does a law partnership merger dossier include? Where is the law firm consolidation dossier sent?

According to the provisions of Clause 1, Article 12 of Decree 123/2013/ND-CP, two or more partnership law firms can agree to merge into a new partnership law firm.

At the same time, also according to Clause 2, Article 12 of the Decree 123/2013/ND-CP stipulates that the dossier to consolidate a law partnership firm is sent to the Department of Justice where the consolidated law firm is registered to operate.

The dossier to consolidate a law partnership includes:

(1) Application for consolidation of the law firm;

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

(3) Operation registration certificate of the merged law firms;

(4) Charter of the consolidated law firm.

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 firm. consolidated law firm; In case of refusal, it must be notified in writing and clearly state the reason.

2. At what time will the consolidated law partnership firms terminate their operations?

The time of termination of the consolidated law partnership law firms’ operations is specified in Clause 4 Article 12 Decree 123/2013/ND-CP as follows:

Law firm merger

4. 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 remove the name of the merged law firm from the list of registered operations.

Thus, according to regulations According to regulations, after the consolidated law firm is granted an Operation Registration Certificate, the merged law firm will terminate its operations.

The consolidated law firm enjoys legal rights and benefits, 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. most.

3. What is the content of the announcement of operation registration of a consolidated law firm?

Pursuant to Clause 3 Article 12 Decree 123/2013/ND-CP regulations as follows:

Consolidation of law firms

3. Procedures for announcing the operation registration content of a consolidated law firm are carried out in accordance with the provisions of Article 38 of the Law on Lawyers.

At the same time, based on Clause 1, Article 38 of the Law on Lawyers 2006 regulations:

Announcing the contents of registration of operations of law-practicing organizations

1. Within thirty days from the date of issuance of the Certificate of operation registration, a law-practicing organization must publish a daily newspaper of the central or local area where it registers its operations or a specialized law newspaper in three consecutive issues with the following main contents:

a) Name of the law-practicing organization;

b) Address of the law-practicing organization’s headquarters, branches, assigned offices translation;

c) Field of practice;

d) Full name, address, law practice certificate number of lawyers who are Head of the law office, Director of the law firm and other founding members;

dd) Number of Operation Registration Certificate, place of operation registration, date, month and year of issuance of the Operation Registration Certificate dynamic.

2. In case of changing the contents of its operation registration, the law-practicing organization must announce those changed contents within the time limit and in the manner specified in Clause 1 of this Article.

Thus, according to regulations, a consolidated law firm must publish daily in a central or local newspaper where the company is registered to operate or a specialized law newspaper in three consecutive issues with the following main contents:

(1) Name of the consolidated law firm;

(2) Address of the head office of the consolidated law firm most;

(3) Field of practice;

(4) Full name, address, law practice certificate number of the lawyer who is the Director of the law firm and other founding members;

(5) Number of operation registration certificate, place of registration of operation, date, month and year of issuance of the operation registration certificate.

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