Enterprise Registration Authorization

Enterprise Registration Authorization typically refers to the process by which an individual or organization grants authorization to another entity to act on their behalf for specific business-related activities. This authorization is often required when one organization needs to handle certain tasks or conduct business operations on behalf of another. In this article, we will provide complete information on whether or not to be authorized to register a business, to help you better understand the process and necessary conditions to carry out this procedure. For more detail, please contact Apolo Lawyers Law Firm via email contact@apolo.com.vn or hotline: (+84) 903.419.4790

1. What does it take to establish a business?

To establish a business, organizations and individuals need to prepare the following elements:

• Business address: This address must have legal use rights as the company address. It can be your own address or rented or borrowed from someone else.
• Prepare business information: Before carrying out the business establishment procedure, you need to prepare information related to the business that you intend to register. This includes the name of the business, the amount of the company charter capital, the legal representation of the business, and other relevant information.
• Documents relating to company members and shareholders: For example, if you set up a one-member limited liability company and you are the owner, you will need a notarized copy of your citizenship card.
• Prepare documents and carry out procedures: When starting to carry out the business establishment procedures, each step of the procedure will require different documents and job requirements.

2. The most standard business establishment procedure

The process of setting up a business is as follows:

• Step 1: Rent or borrow the address of the head office and prepare business registration information.
• Step 2: Capital contributors carry out the business registration process by signing relevant documents.
• Step 3: Submit the business registration file at the Business Registration Office to receive the Business Registration Certificate.
• Step 4: Carry out the circular marking for the business.
• Step 5: Open a business bank account.
• Step 6: Register to use digital signatures, e-invoices and proceed to register and pay taxes online.
• Step 7: Attach a signboard and start doing business at the head office.

3. Is it authorized to register for business establishment?

During the business registration process, they can themselves or authorize other organizations or individuals to carry out procedures with state agencies. Authorization is convenient for the subjects, saving time and effort. However, the authorization must comply with the provisions of law.

According to the provisions of Article 11 of Decree 78/2015/ND-CP, the founder of an enterprise or enterprise may authorize another organization or individual to carry out procedures related to enterprise registration. The authorized person needs to submit a valid copy of personal identification document such as citizen identification card, identity card or Vietnamese passport (for Vietnamese citizens) or foreign passport or equivalent document equivalent for foreigners.

In addition, depending on the person authorized, the appropriate documents should be submitted. For the authorized person being an organization, a copy of the service provision contract between the founder of the business or enterprise and the organization carrying out the business registration procedures, together with a letter of recommendation from that organization, is required. for individuals to carry out the procedure. For the authorized person being an individual, a written authorization is required in accordance with the law.

Enterpise registration authorization

Note that valid copies of documents in the enterprise registration dossier must be copied from the original book or certified from the original by a competent agency or organization, or compared with the original.

The authorized person will represent the enterprise/establishment of an enterprise to perform acts that give rise to rights and obligations for such subjects. Therefore, the law requires the submission of the above documents together with the business registration file for the business registration agency to determine the status of the applicant, in order to protect the rights and interests of the business and limit disputes.

The authorization happens often, so the subjects should prepare all the required documents to avoid wasting time and affecting the production and business activities of the enterprise.

4. Authorization in case of enterprise registration, does the signature need to be authenticated?

According to the provisions of Article 12 of Decree 01/2021/ND-CP on enterprise registration, the authorization to carry out the enterprise registration procedure has the following provisions:

• In case of authorizing an individual to carry out business registration procedures, it is necessary to enclose the business registration dossier, the power of attorney for that individual and a copy of the legal document of the authorized individual. Power of attorney does not need to be notarized or authenticated.
• In case of authorizing an organization to carry out business registration procedures, it is necessary to attach an enterprise registration dossier, a copy of the service provision contract between the organization and the person carrying out the business registration procedure, and a copy of the business registration certificate. copy the recommendation letter of that organization to the person performing the procedure. At the same time, a copy of the legal document of the person being referred is required.
• In case of authorizing a public-utility postal service provider to carry out business registration procedures, postal employees need to submit a copy of the application form according to the form issued by the public-utility postal service provider. onion. This copy must be signed by the postal employee and the person authorized to sign the written request for business registration.
• In case of authorizing a postal service provider that is not a public-utility post office to carry out business registration procedures, the authorization will comply with the provisions of Clause 2 of this Article.

With the above provisions, you do not need to authenticate the signature in the document authorizing another person to carry out the business registration procedure.

5. What are the business registration documents for a single-member limited liability company?

According to the provisions of Article 24 of Decree No. 01/2021/ND-CP on enterprise registration dossiers for single-member limited liability companies, there are the following:

- Business registration application form.

- Company rules.

- Copies of the following documents:

• Legal papers of the legal representative of the enterprise;
• Legal documents of the company owner (if the company is an individual); Legal papers of the organization of the company owner (unless the company owner is the State); Legal papers of the authorized representative and the document appointing the authorized representative. For the company owner being a foreign organization, a copy of the organization legal papers must be consularly legalized;
• Investment registration certificate, in case the enterprise is established by a foreign investor or a foreign-invested economic organization in accordance with the provisions of the Investment Law and its guiding documents.

Thus, if you want to establish a single-member limited liability company, the application includes the following documents:

• Application for registration of a one-member limited liability company.
• Charter of a single-member limited liability company.
• Copy of ID card/Passport of the company owner who is an individual, the legal representative of the company.
• For the company owner who is a foreign organization, the copy of the legal document of the organization must be consularly legalized.
• Copy of ID card/Passport of the authorized representative and the document appointing the authorized representative.

Regarding the place to submit the application for registration of a single-member limited liability company, according to the provisions of Clause 1, Article 32 of Decree 01/2021/ND-CP, the application shall be submitted at the Business Registration Office at the head office address. main business.

Enterpise registration authorization

Apolo Lawyers Law Firm would like to share with customers useful advice and legal support. We value legality and are committed to ensuring the accuracy and reliability of all information we provide. If you are facing any legal problems or have questions that need to be answered, please contact us via hotline - 0903.419.479. We will have a team of professional and experienced consultants ready to listen and help you. If you want to send your detailed request or question, please contact via email: contact@apolo.com.vn. We are committed to responding quickly and providing the most accurate and detailed answers to your legal concerns.

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