Clause 1, Article 13 of the Enterprise Law 2014 stipulates that the legal representative of an enterprise is an individual representing the enterprise to carry out the rights and obligations arising from the transactions of the enterprise, representing the enterprise with legal status as plaintiff, defendant, person with rights and related obligations before Arbitration, Court and other rights and obligations as prescribed by law.
Accordingly, the legal representative plays an indispensable role in the business process, through the representative, the company determines the legal status of the person on behalf of the company to carry out transactions. According to the law, enterprises can have one or more legal representatives for the company according to each type of business and must ensure that at least one legal representative resides in Vietnam.
For each different type of business, the legal representative change document is also different:
For one member limited liability company:
+ Notice of change of legal representative according to Circular 20/2015/TT-BKHĐT dated December 1, 2015;
+ Owner's decision on changing the legal representative of the enterprise;
+ Power of attorney if in case the legal representative of the enterprise does not directly submit;
+ Notarized Enterprise registration certificate;
+ A copy certified by one of the following valid personal identification documents: Citizen ID card, ID card or Passport.
For limited liability companies with 2 or more members or Joint Stock Company:
+ Notice of a change of legal representative;
+ Decision of the Members' Council for a limited liability company or a decision of the Board of Directors on a joint stock company on changing the legal representative of the enterprise;
+ Minutes of the Members 'Council meeting for the limited liability company or the minutes of the Board of Directors' meeting for the joint stock company on changing the representative of the enterprise law;
+ Power of attorney in case the legal representative of the enterprise does not directly submit;
+ notarized Enterprise Registration Certificate;
+ A certified copy of one of the valid personal identification papers: Citizen ID card, ID card or Passport.
Applications are filed at the District Business Registration Office where the company is located.
Processing time: 3-5 working days
For businesses, the role of the representative needed more than ever because an organization must always be represented to participate in legal relations, an active business cannot be without legal representative. Even in a short time, there may be certain problems. Because of such an important meaning that when there is a problem of a legal representative or a change of legal representative, the enterprise must resolve the procedures as quickly as possible. If you have any problems or need advice on this issue, please contact us for detailed, quick and accurate answers, instructions.