Things to note after changing the company name

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.

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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.

Practical points to review

For the topic “Things to note after changing the company name”, readers should compare the legal rule with the actual documents, parties involved, timeline and evidence before choosing a course of action.

  • Identify the legal relationship, signing authority and documents creating rights or obligations.
  • Check deadlines, notices, payment records, approvals and evidence that may affect the legal position.
  • Assess whether negotiation, document correction, complaint, arbitration, court proceedings or another route is suitable.

Documents to prepare

  • Contracts, annexes, decisions, notices, emails, messages, payment records and handover/acceptance minutes where relevant.
  • Enterprise, asset, license or identity documents connected to the matter.
  • A short timeline of key events and the outcome expected from the review.

When to seek legal advice

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