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Advantages and disadvantages of LLC with two or more members and Joint Stock Company?

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Legal basis: Enterprise Law 2020

  • Limited Company with two or more members: Type with a minimum number of 2 members and a maximum of 50 members.
  • A joint stock company is a public company: A type with a minimum number of 3 shareholders and no limit on the maximum number of shareholders< /span>

Same

each other

  • Has legal status from the date of issuance of the business registration certificate.
  • Shareholders/capital contributing members are only responsible for debts or other limited property obligations within the scope of their capital contribution.
  • Within 90 days from the date of issuance of the business registration certificate, members/shareholders must make the committed capital contribution to the charter capital. .
  • Bonds are issued.
  • There may be 1 or more legal representatives of the company.
  • Members/shareholders can be organizations or individuals.

 

Various
  TWO MEMBERS LIMITED COMPANY JOINT STOCK COMPANY
Number of members/shareholders. Minimum 02 members and maximum 50 members. Minimum 03 shareholders and unlimited number of members.
Charter capital Calculated according to the percentage of members registered to contribute capital. A company's capital is divided into equal parts called shares and is expressed in the form of shares.
Capital contribution time Within 90 days from the date of issuance of the business registration certificate, all assets must be contributed as committed and with the consent of the members. members of the company if contributing with other assets. Within 90 days from the date of issuance of the business registration certificate, all assets must be contributed as committed. Founding shareholders must register to buy at least 20% of the total shares, the remainder can be mobilized by issuing shares.
Organizational structure Board of members Chairman of the board of members Director or General Director of Supervisory Board (From 11 members or more)

This type has 2 structures

First type:

  • General Meeting of Shareholders.
  • Board of Directors.
  • Director or General Director.
  • Supervision Board.
>In cases where there are less than 11 shareholders and institutional shareholders own less than 50% of the company's total shares, a Supervisory Board is not required. .

Second type:

  • General Meeting of Shareholders.
  • Board of Directors.
  • Director or General Director.
At least 20% of the members of the Board of Directors must be independent members and there must be an Internal Audit Committee under the Board of Directors. Independent members perform supervisory functions and organize and exercise control over the company's management and operations.
Right to transfer capital/shares. Transfer of capital contribution: Transfer to remaining members of the company. If the remaining members do not buy back the capital contribution, that member has the right to transfer it to other members who are not members of the company. Shares can be freely transferred after 3 years from the date of issuance of the business registration certificate or after a founding shareholder transfers to shareholders Otherwise, the 3-year period does not apply.

 

 

 

Related articles and services:

 

>>>> Procedure business/company registration procedures

 

>>>> Company establishment services

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2024-02-29 11:11:48

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