When is the information on the Business Registration Certificate legally valid?

When is the information on the Business Registration Certificate legally valid?

Pursuant to regulations Clause 2 Article 34 of Decree 01/2021/ND-CP Regulations on issuance of Business Registration Certificates are as follows:

Related service · P1

M&A, Equity Transfer and Project Transfer

If you are preparing an equity transfer, M&A transaction, project transfer or restructuring, ANT Legal can help review legal risks and transaction structure.

Website information is for general reference only and does not replace legal advice for a specific matter.

Granting Business Registration Certificate
….
2. The information on the Business Registration Certificate is legally valid from the date the Business Registration Office issues the Business Registration Certificate. Enterprises have the right to do business from the date of issuance of the Business Registration Certificate, except in cases of conditional business investment and business lines. In case an enterprise registers the date of starting business operations after the date of issuance of the Business Registration Certificate, the enterprise is entitled to operate business from the date of registration, except in cases of conditional business investment.

According to regulations, the information on the Business Registration Certificate is legally valid from the date the Business Registration Office issues the Business Registration Certificate.

Accordingly, from the moment the information on the Business Registration Certificate becomes legally valid, the enterprise has the right to do business. Except for the case of doing business in conditional business investment sectors.

In case an enterprise registers the date of starting business operations after the date of issuance of the Business Registration Certificate, the enterprise is entitled to operate business from the date of registration, except in the case of conditional business investment and business lines.

What conditions are met when an enterprise is granted a Business Registration Certificate?

Pursuant to regulations Clause 1 Article 27 of the Law on Enterprises 2020 Regulations on issuance of Business Registration Certificates are as follows:

Issue of Business Registration Certificate
1. An enterprise is granted a Business Registration Certificate when it meets the following conditions:
a) Registered business lines and professions are not prohibited from business investment;
b) The name of the enterprise is set in accordance with the provisions of Articles 37, 38, 39 and 41 of this Law;
c) Has a valid business registration document;
d) Submitted in full Business registration fees according to the law on fees and charges.

Accordingly, an enterprise is granted a Business Registration Certificate when it meets the following conditions:

– Registered business lines and occupations are not prohibited from business investment;

– The name of the enterprise is set according to regulations.

– Have valid business registration documents;

– Fully pay the business registration fee according to the law on fees and charges.

What main contents does a business registration certificate include?

Pursuant to Article 28 of the Law on Enterprises 2020, regulations on the content of the Business Registration Certificate are as follows:

Contents of the Business Registration Certificate
The Business Registration Certificate includes the following main contents:
1. Business name and business code;
2. Address of the enterprise’s headquarters;
3. Full name, contact address, nationality, legal document number of individual for legal representatives of limited liability companies and joint stock companies; for general members of a partnership; for business owners of private enterprises. Full name, contact address, nationality, legal document number of individual for individual members; name, business code and head office address of the organizational member for a limited liability company;
4. charter capital for companies, investment capital for private enterprises.

Thus, the business registration certificate includes the following main contents:

– Business name and business code;

– Head office address of the enterprise;

– Full name, contact address, nationality, legal document number of the individual for the legal representative of the limited liability company and joint stock company; for general members of a partnership; for business owners of private enterprises.

– Full name, contact address, nationality, legal document number of individual for individual members; name, business code and head office address of the organizational member for a limited liability company;

– charter capital for companies, investment capital for private enterprises.

Discuss this matter with ANT Legal M&A, Equity Transfer and Project Transfer