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Things to keep in mind about the Certificate of Stakes since April 2021

  11/12/2020

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– Certificate of capital contribution is a document to determine the membership status of an individual or organization in the enterprise. When individuals and enterprises make a capital contributions to the enterprise in accordance with the type of assets and the commitment period, they will be issued with the Certificate of Capital Contribution.

– In a limited liability company with 2 or more members and a joint venture company will have a certificate of capital contribution, in a joint-stock company, a shareholding certificate will be used.

Cases of issuance of Certificate of capital contribution

+ New level

For a limited liability company, the Certificate of capital contribution will be issued after the member completes his or her capital contribution with a value equivalent to the capital contribution, and for a joint venture, members must ensure To fully contribute the committed capital amount, then it will be granted a capital contribution certificate.

+ Re-grant

In case a member loses the certificate of capital contribution, such member will be re-issued the certificate of capital contribution by the company according to the procedures specified in the company’s charter.

The main contents of the Certificate of capital contribution include:

+ For limited liability company:

The content includes:

– Company name, business code, its head office address.

– The company’s charter capital,

– Contact information, full name, address, the nationality of ID card number for individual members,

– DN number, name or legal document number of the organization, address of head office for members who are organizations,

– Capital contribution, percentage of capital contribution of members,

– Code, date of issue of the certificate,

– Signature, full name, name of the legal representative of the company.

+ For a joint venture company

The content includes:

– Company name, business code, its headquarters address.

– The company’s charter capital,

– Contact information, full name, address, the nationality of ID card number for individual members,

– DN number, name or legal document number of the organization, address of head office for members who are organizations,

– Value of capital contribution and types of assets contributed to the capital of the member.

– Code and date of issue of a capital contribution certificate

– Rights and obligations of the owner of the certificate of capital contribution;

– Signature, full name, and the full name of the owner of the certificate and of other capital contributors of the partnership.

Measures to handle cases of failure to contribute capital or contribute insufficiently as a committed capital contribution are as follows:

+ For the limited liability companies

– In case of being overdue for 90 days from the date of issuance of the Certificate, but the member has not fully contributed the contributed capital amount will be handled as follows:

– The members ‘insufficiently contributed capital will be offered for sale under a decision of the Members’ Council.

– A member who has not yet contributed capital as committed will have the rights corresponding to his or her contributed capital.

– A member who has not contributed capital will automatically become a member of the company.

+ For the partnership company

If a member of a joint venture company does not contribute enough capital within the committed time limit, causing damage to the company, he shall be responsible for compensation for the company. If there is a second capital contribution request but the member still cannot contribute capital as committed, the member will be excluded from the company.

In case, the capital contributor is not enough, the insufficient capital contribution will be considered as the debt of that member to the company and the member may be expelled from the company according to the decision of the Members’ Council.

Penalties for failure to issue a Certificate of capital contribution are as follows:

When enterprises do not issue certificates of capital contribution to company members, they will be sanctioned for administrative violations as follows:

– The fine is from 10 to 15 million dong.

– Apply remedial measures: Force to issue certificates of capital contribution to members according to regulations of the Members’ Council.

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