Record of change of Chairman of the Board of Directors of insurance enterprises 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.
Who must the Chairman of the Board of Directors of an insurance enterprise receive written approval before making changes?
Who must an insurance enterprise receive written approval from before changing the Chairman of the Board of Directors, according to Clause 1 of Article 24 Decree 46/2023/ND-CP stipulates as follows:
Appointment and change of Chairman of the Board of Directors (Chairman of the Board of Members), General Director (Director), Actuarial Expert.
1. Insurance enterprises, reinsurance enterprises, and foreign branches in Vietnam must receive written approval from the Ministry of Finance before appointing or changing the following positions:
a) Chairman of the Board of Directors, Chairman of the Board of Members of insurance enterprises, reinsurance enterprises;
b) General Director (Director);
c) Expert calculation.
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Accordingly, insurance enterprises must receive written approval from the Ministry of Finance before changing the Chairman of the Board of Directors.
What documents are included in the dossier to change the Chairman of the Board of Directors of an insurance enterprise?
The dossier to change the Chairman of the Board of Directors of an insurance enterprise according to Clause 3, Article 24 of Decree 46/2023/ND-CP stipulates as follows:
Appointment and change of Chairman of the Board of Directors (Chairman of the Board of Members), General Director (Director), Actuarial expert.
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2. The Chairman of the Board of Directors, Chairman of the Board of Members, General Director (Director), Actuary expected to be appointed must meet the conditions specified in Article 81 of the Law on Insurance Business, Actuary must meet the conditions specified in Article 29 and Article 30 of this Decree.
3. Dossier for appointment and change of positions specified in Clause 1 of this Article includes the following documents:
a) Written request for appointment and change according to the form specified in Appendix III issued with this Decree;
b) Document of the competent authority as prescribed in the Company Charter (for insurance enterprises and reinsurance enterprises) or Regulations on organization and operation (for foreign branches in Vietnam);
c) Criminal record card according to the form or equivalent documents of foreigners prescribed by foreign law that meet the provisions of Point dd, Clause 2, Article 15 of this Decree; copy of citizen identification card or identity card or passport; Curriculum vitae, notarized copies of documents proving work experience, time holding the position of manager or controller, notarized copies of diplomas and certificates proving the qualifications and professional capacity of the person expected to be appointed or changed. In case documents are in a foreign language, there must be a notarized translation;
d) Written commitment of the person expected to be appointed as General Director (Director) and Actuary to work for insurance enterprises, reinsurance enterprises, foreign branches in Vietnam and reside in Vietnam after being approved by the Ministry of Finance.
Accordingly, the dossier to change the Chairman of the Board of Directors of an insurance enterprise includes:
– Written request for change according to the form specified in Appendix III issued with Decree 46/2023/ND-CP;
– Document from the competent authority as prescribed in the Charter of the insurance enterprise;
– Criminal record certificate according to the form or equivalent documents of foreigners prescribed by foreign laws that meet the provisions of Point dd, Clause 2, Article 15 Decree 46/2023/ND-CP specifically stipulates:
General standards for submitting and supplementing records and documents
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2. Records and documents submitted to the Ministry of Finance must meet the following regulations:
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dd) Criminal record card according to the form or equivalent documents of foreigners prescribed by foreign law, issued by a competent authority no more than 12 months before the date of submission of the application, which must contain full information about criminal record status and information about the ban on holding positions, establishing and managing enterprises and cooperatives;
Copy of citizen identification card or identity card or passport; Curriculum vitae, notarized copies of documents proving work experience, time holding the position of manager or controller, notarized copies of diplomas and certificates proving the qualifications and professional capacity of the person expected to be changed.
In case documents are in a foreign language, a notarized translation is required.
Download the latest Application Form to change the Chairman of the Board of Directors of insurance enterprises?
The latest Application Form to change the Chairman of the Board of Directors of an insurance enterprise according to Appendix III issued together with Decree 46/2023/ND-CP.
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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