NECESSARY DOCUMENTS FOR ESTABLISHING A COMPANY?

Establishing a company is considered a prerequisite step for realizing business dreams. So, what documents do you need to prepare to set up a company? In the following article, we would like to share with you the documents that need to be prepared when setting up a company in the most detailed way.

There are 5 types of enterprises specified in the Enterprise Law 2020, specifically: Private enterprises; Partnerships; One member limited liability company; Limited liability company with 2 or more members; Joint Stock Company. These five types of businesses will have their own regulations on the documents that need to be prepared to establish a company.

Legal basis

Law on Enterprise 2020;

Decree 01/2021/ND-CP on business registration.

1. Sole proprietorships

Article 19 of the Enterprise Law 2020 and Article 21 of Decree 01/2021/ND-CP stipulate that a sole proprietorship registration dossier includes the following documents:

• The application form for enterprise registration.

• The copies of legal documents of the sole proprietor.

2. Partnership company

Enterprise registration dossiers for partnerships are specified in Article 20 of the Law on Enterprise 2020 and Article 22 of Decree 01/2021/ND-CP. Including the following documents:

• Application form for enterprise registration.

• The company’s charter.

• List of general partners.

• Copies of the following documents:

• Legal documents of general partners that are individuals; Legal documents of general partners that are organizations; Legal documents of authorized representatives and letters of appointment of authorized representatives. If a general partner is a foreign organization, copies of legal documents of that organization must be legalized

• Investment registration certificate if the enterprise is founded or co-founded by foreign investors or foreign-invested business entities in accordance with the Law on Investment and its guiding documents.

3. One member limited company

The papers in the application for registration of establishment of a one-member limited liability company specified in Article 24 of Decree 01/2021/ND-CP include:

• Application form for enterprise registration.

• The company’s charter.

• Copies of the following documents:

• Legal documents of the enterprise’s legal representative;

• Legal documents of the company’s owner that is an individual; Legal documents of the company’s owner that is an organization (except for the State); Legal documents of the authorized representative and letter of appointment of authorized representative. If the company’s owner is a foreign organization, copies of legal documents of that organization must be legalized;

• Investment registration certificate if the enterprise is founded by a foreign investor or foreign-invested business entity in accordance with the Law on Investment and its guiding documents.

4. Limited liability company with two or more members

Pursuant to Article 21 of the Enterprise Law 2020 and Article 23 of Decree 01/2021/ND-CP stipulating that the application for registration of a limited liability company with two or more members includes the following documents:

• Application form for enterprise registration.

• The company’s charter.

• List of members of the multi-member limited liability company;

• Copies of the following documents:

• Legal documents of the enterprise’s legal representative;

• Legal documents of members or founding shareholders and foreign shareholders that are individuals; legal documents of members or founding shareholders and foreign shareholders that are organizations; legal documents of authorized representatives of members or founding shareholders and foreign shareholders that are organizations and their letters of appointment of authorized representatives. If a member or shareholder is a foreign organization, copies of legal documents of that organization must be legalized;

• Investment registration certificate if the enterprise is founded or co-founded by foreign investors or foreign-invested business entities in accordance with the Law on Investment and its guiding documents.

5. Joint Stock Company

• Application form for enterprise registration.

• The company’s charter.

• List of founding shareholders and shareholders that are foreign investors of the joint-stock company.

Copies of the following documents:

• Legal documents of the enterprise’s legal representative;

• Legal documents of members or founding shareholders and foreign shareholders that are individuals; legal documents of members or founding shareholders and foreign shareholders that are organizations; legal documents of authorized representatives of members or founding shareholders and foreign shareholders that are organizations and their letters of appointment of authorized representatives. If a member or shareholder is a foreign organization, copies of legal documents of that organization must be legalized;

• Investment registration certificate if the enterprise is founded or co-founded by foreign investors or foreign-invested business entities in accordance with the Law on Investment and its guiding documents.

If readers are facing any difficulties or do not have much time to learn about the documents and procedures for establishing a company, please refer to the company formation service of LVI Law Firm with the team. The team of lawyers and staff has a lot of experience in this field for advice and support in the fastest way.

Best regards!