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How will the owner or capital contributing member of the company die? How to divide inheritance when the owner or contributing member dies?

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Solution:

Article 78. Exercising the rights of company owners in some special cases (Enterprise Law 2020)

In case the company owner is an individual who dies, the heir according to will or law is the company owner or company member. The company must organize management according to the corresponding type of business and register to change the business registration content within 10 days from the date of completion of the inheritance settlement. In case the company owner is an individual who dies without an heir, the heir refuses to accept inheritance or is disinherited, the owner's capital contribution will be resolved in accordance with the law on civil.

Based on the above regulations, when your father passes away, the company's ownership rights will be divided according to the inheritance regulations in the 2015 Civil Code. If your father leaves a will, the inheritance rights will be divided. will be done according to the will, but if your father does not leave a will, it will be divided according to inheritance according to the law.

Based on the above regulations, within 10 days from the date of completion of the inheritance settlement (execution of the inheritance declaration document at the notary office), the representative of the heirs must Carry out procedures to change the company owner and legal representative to complete the procedures and take over to manage the company's business activities.

Procedures for implementing procedures for changing company owners and converting business types, changing legal representatives:

Article 53 Decree 01/2021 Guidance on business registration procedures

Register to change the owner of a one-member limited liability company

3. In case a single-member limited liability company changes its owner due to inheritance, the heir shall submit an application to change the business registration content to the Business Registration Office where the company's headquarters is located. The dossier includes the following documents:

a) Notice of change of owner of a single-member limited liability company signed by the new owner or the legal representative of the new owner;

b) Copy of the company's amended and supplemented charter;

c) Copy of individual's legal documents

d) Copy of document confirming the heir's legal inheritance rights.

Register to change owner and convert business type to a limited liability company with two or more members to suit the number of heirs and procedures for appointing and changing representatives according to public law ty.

Thus, you and the heirs according to regulations must carry out the above change procedures in accordance with the law.

Service reference: >>> Services tor change business license

Consultation hotline: 0935289747 – Mr. Tran Huu Toan

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Toàn
2024-03-04 09:24:52

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