LAW REPRESENTATIVE

WELCOME CUSTOMERS

Currently, the name and title of the legal representative are no longer unfamiliar to many people, and especially startup entrepreneurs are very interested in the name and title of this position, but not everyone clearly understands and knows it. What rights and obligations does this title have? Next, our team of lawyers will answer the questions you and businessmen are concerned about.

WHAT IS A COMPANY LEGAL REPRESENTATIVE?

Pursuant to the provisions of Clause 1, Article 12 of the Enterprise Law 2020

• The legal representative of an enterprise is an individual who represents the enterprise to exercise the rights and obligations arising from the enterprise's transactions, and represents the enterprise as a requester to resolve the matter. Civil rights, plaintiffs, defendants, people with related rights and obligations before the Arbitrator, Court and other rights and obligations according to the provisions of law.

A COMPANY CAN HAVE MANY LEGAL REPRESENTATIVES?

Pursuant to the provisions of Clause 2, Article 12 of the Enterprise Law 2020

• Limited liability companies and Joint stock companiescan have one or more legal representatives. The company charter specifies the number, management titles and rights and obligations of the legal representative of the enterprise. If the company has more than one legal representative, the company charter specifically stipulates the rights and obligations of each legal representative. In case the division of rights and obligations of each legal representative is not clearly stipulated in the company's charter, each legal representative of the company is a competent representative of the enterprise before the parties. Tuesday; All legal representatives must be jointly responsible for damages caused to the enterprise according to the provisions of civil law and other relevant laws.

CAN ONE PERSON BE DIRECTOR AND LEGAL REPRESENTATIVE FOR MANY COMPANIES?

Pursuant to the provisions of Clause 2, Article 12 of the Enterprise Law 2020

Except for types of state-owned enterprises, according to the 2020 Enterprise Law, types of limited liability companies or joint stock companies do not prohibit an individual from being a director or representative. Represented under other business/company laws but must meet the following conditions:

• Exercise assigned rights and obligations honestly, carefully, and best to ensure the legitimate interests of the business;
• Loyal to the interests of the business; Do not abuse your position or position and use information, know-how, business opportunities, or other assets of the enterprise for personal gain or to serve the interests of other organizations or individuals;
• Inform enterprises promptly, fully and accurately about the enterprises in which they, their related persons own or have shares or capital contributions according to the provisions of this Law.

CONDITIONS TO BE A COMPANY LEGAL REPRESENTATIVE

Every individual has the right to be a legal representative for an Enterprise/Companyexcept in cases where according to the law, the legal representative must have sufficient qualifications (expertise, certifications). only,..) suitable for that profession according to regulations.

• And the following cases cannot be a business manager as follows:
• State agencies and units of the people's armed forces use state assets to establish business enterprises to make their own profits;
• Cadres, civil servants and public employees according to the provisions of the Law on Cadres, Civil Servants and the Law on Public Employees;
• Officers, non-commissioned officers, professional soldiers, workers, and defense officials in agencies and units of the Vietnam People's Army; officers, professional non-commissioned officers, and police workers in agencies and units under the People's Public Security of Vietnam, except those appointed as authorized representatives to manage the State's capital contribution in the enterprise or management at state-owned enterprises;
• Leaders and professional managers in state-owned enterprises as prescribed in Point a, Clause 1, Article 88 of this Law, except those appointed as authorized representatives to manage the State's capital contribution at another enterprise;
• Minors; people with limited civil act capacity; people who have lost their civil act capacity; people with difficulty in cognition and behavior control; organization without legal status;
• Persons who are being prosecuted for criminal liability, detained, are serving prison sentences, are serving administrative measures at compulsory drug treatment facilities, compulsory educational establishments or are being Prohibited by the court from holding certain positions, practicing certain professions or doing certain jobs; Other cases according to the provisions of the Bankruptcy Law and the Law on Prevention and Combat of Corruption.
  If the Business Registration Authority requests, the person registering to establish a business must submit a criminal record card to the Business Registration Authority;
• Organizations are commercial legal entities banned from doing business or operating in certain fields according to the provisions of the Penal Code.