What information must the charter of a partnership company include?

Whose business line must be included in the charter of a partnership company with additional business lines? How are that person’s obligations regulated?

1. Whose full name and signature must the charter of a partnership company with additional business lines include?

The charter of a partnership company with additional business lines must include the full name, name and signature of the people specified in Clause 4, Article 24 of the 2020 Enterprise Law as follows:

Principal charter ty

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4. The amended and supplemented company charter must include the full names and signatures of the following people:

a) Chairman of the Board of Members for a partnership;

b) Owner, legal representative of the owner or legal representative for a one-member limited liability company;

c) legal representative law for limited liability companies with two or more members and joint stock companies.

Accordingly, the Charter of a partnership company with additional business lines must include the full name and signature of the Chairman of the Board of Members for a partnership company.

2. What information must the charter of a partnership company include?

The charter of a partnership company must include the information specified in Clause 2, Article 24 of the Law on Enterprises 2020 as follows:

– Name and address of the company’s headquarters; name, address of branch and representative office (if any).

– Business lines.

– charter capital; total number of shares, types of shares and par value of each type of shares for joint stock companies.

– Full name, contact address, nationality of partners for partnerships; The capital contribution and value of each member’s capital contribution to the partnership company.

– Rights and obligations of members to the partnership company.

– Management organization structure.

– Number, management titles and rights and obligations of the legal representative of the enterprise; dividing the rights and obligations of the legal representative in case the company has more than one legal representative.

– Procedure for approving the company’s decisions; principles for resolving internal disputes.

– Basis and method for determining salaries, remunerations, bonuses of managers and Controllers.

– Principles for distributing after-tax profits and handling business losses.

– Cases of dissolution, dissolution procedures and procedures for liquidation of public assets company.

– Procedures for amending and supplementing the Company’s Charter.

Note: The company charter includes the Charter upon business registration and the Charter amended and supplemented during operation (as prescribed in Clause 1, Article 24 of the Law on Enterprises 2020)

3. What are the obligations of the Chairman of the Board of Members of a partnership?

The Chairman of the Board of Members of a partnership has the obligations specified in Clause 4, Article 184 of the Law on Enterprises 2020 as follows:

Business management of the partnership

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4. The Chairman of the Board of Members, Director or General Director has the following obligations:

a) Manage and operate the company’s daily business as a general partner;

b) Convene and organize meetings of the Board of Members; Sign resolutions and decisions of the Board of Members;

c) Assign and coordinate business tasks among partnership members;

d) Organize, fully and honestly keep accounting books, invoices, vouchers and other documents of the company according to the provisions of law;

dd) Represent the company as a requester Resolve civil matters, plaintiffs, defendants, and people with related rights and obligations before Arbitrators and Courts; Representing the company to exercise other rights and obligations according to the provisions of law;

e) Other obligations prescribed by the company’s Charter.

Accordingly, the Chairman of the Board of Members of a partnership has the following obligations:

– Manage and operate the daily business of the partnership as a legal member list.

– Convene and organize meetings of the Board of Members; Sign resolutions and decisions of the Board of Members.

– Assign and coordinate business tasks among partners in the partnership.

– Organize, fully and honestly keep accounting books, invoices, vouchers and other documents of the partnership in accordance with the law.

– Represent the company as a requester to resolve civil matters and causes plaintiff, defendant, person with related rights and obligations before the Arbitrator or Court; Representing the partnership to exercise other rights and obligations according to the provisions of law.

– Other obligations prescribed by the Charter of the partnership.