Do you want to know What does the company establishment profile include? Company registration documents include fully filled out forms and duly authenticated documents, which must be fully presented at the time of registration. Currently, company documents are fully managed and published on registration information websites or legal consulting companies. However, going through the startup process alone is not easy. The process of preparing and completing company registration documents includes many steps in which you need to clearly understand information and legal regulations. That is why it is important to seek advice from experts or lawyers. So please see Viet My’s summary below to get the information you want!

1. What is company formation?

The concept of establishing a company can be explained from two perspectives as follows:

Economic perspective

Establishing a company is a process in which business issues and conditions for establishing an economic organization are fully prepared. Business owners must prepare related conditions such as name, head office address, machinery, equipment, licenses…

Legal perspective

Establishing a company is considered a legal procedure that entrepreneurs conduct at competent state agencies and agencies. These documents and procedures are simple or complex depending on the type of business.

2. What does the company establishment file include?

Currently, with developing operating conditions, the need to establish new companies is increasing. But really, not everyone knows how to start a new business? What does the company establishment dossier include according to regulations?

In fact, establishing a business today is quite easy, businesses only need to prepare all business information, complete valid documents and proceed with the registration license procedure to contribute capital to the business for the first time. joint.

To make starting a business easier, businesses can follow the successful business start-up process that Viet My shares as follows:

2.1 Documents for establishing a joint stock company in 2024

Documents to establish a joint stock company include the following documents:

-Registration form for establishment of joint stock company.

-Draft of Company’s charter

-List of founding shareholders and accompanying documents are as follows:

• Individuals becoming shareholders: copy of ID card, passport or other legal identification documents;
• Organization becoming a shareholder: copy of establishment decision, business registration certificate or other similar organizational documents; Power of attorney, identity card, passport or other identification document of the authorized representative.
• The foreign organization that is a shareholder must be confirmed by the agency where the company is registered no more than three months before the date of submitting the company registration application.

-Document certifying capital from a competent agency or organization for companies conducting business lines that must have legal capital.

-Professional training certificate of Director or General Director and other people for companies operating in the field or industry must have a certificate.

2.2 Documents for establishing a limited liability company in 2024

Registration documents to establish a LLC are divided into two types of documents: documents to establish a single-member LLC; 2-member limited liability company profile.

a, Documents for establishing a one-member limited liability company in 2024

Registration documents to establish a one-member limited liability company in 2024 include:

Application for registration of establishment of a one-member limited liability company according to form I-2 is consistent with the regulations of the competent business registration agency.

Draft terms of company establishment.

Prepare documents for members as follows:

• For individual members: Copy of ID card, passport, or other legal identification document.
• For organizational members: Copy of the Company Establishment Decision, Business Registration Certificate or other equivalent documents of the organization. Power of attorney, ID card, passport or other legal personal identification of the authorized representative. In case a member of the enterprise is a foreign organization, a copy of the Business Registration Certificate must be authenticated by the organization’s registration agency no later than three months prior to the date of submitting the business registration application.

Document confirming registered capital issued by a competent authority or organization of a company doing business in an industry that is required by law to have registered capital.

Practicing certificate of the Director or General Director for companies conducting business in industries, professions or specialized fields that, according to the law, must have a practicing certificate.

b, Documents for establishing a limited liability company with 2 or more members in 2024

Registration documents to establish a limited liability company with 2 or more members in 2024 include:

Submit an application to establish a limited liability company with 2 or more members according to the unified form prescribed by the competent registration agency.

Draft terms of company establishment.

Prepare documents for members as follows:

• For individual members: Copy of ID card, passport, or other legal identification document.
• For organizational members: Copy of the Company Establishment Decision, Business Registration Certificate or other equivalent documents of the organization. Power of attorney, ID card, passport or other legal personal identification of the authorized representative. In case a member of the enterprise is a foreign organization, a copy of the Business Registration Certificate must be authenticated by the organization’s registration agency no later than three months prior to the date of submitting the business registration application.

Document confirming registered capital issued by a competent authority or organization of a company doing business in an industry that is required by law to have registered capital.

Practicing certificate of the Director or General Director for companies conducting business in industries, professions or specialized fields that, according to the law, must have a practicing certificate.

2.3 Documents for establishing a private enterprise

• The registration dossier to establish a private company is submitted according to a uniform form prescribed by the competent business registration agency.
• Copy of ID card, passport, or other legal identification documents.
• Document certifying registered capital issued by a competent agency or organization to a company conducting business lines that are required by law to have registered capital.
• Practicing certificate of the director for companies operating in industries and professions that are required by law to submit a practicing certificate.

2.4 Documents for establishing a partnership company

• Application for business registration according to a uniform form prescribed by the competent business registration agency.
• Draft terms of company establishment.
• The list of Partnership Members is unified according to Form I-9 issued by the competent state agency.
• Copy of identity card, passport or other legal identification documents of each member.

3. Experience in preparing documents to establish a company

a. Prepare information before filing documents to establish a company

The information you need to prepare to complete the business registration declaration includes at least the following information: You must provide accurate information for yourself and enter accurate and complete information in the company establishment documents. ty. .

Be prepared to find a legal business name that is consistent and does not overlap with other businesses registered in your country’s business registration system. If you choose to name your company, you must choose a company name that is unique and not prohibited by applicable company law. When naming your business, you should choose a business name that is simple, easy to remember, evokes the services and products the business provides to customers, is concise and makes a strong impression on customers. Better read it first. In this way, building a business brand and becoming known to many people becomes easier.

Have a safe company address in a place where company registration is allowed, not a place where providing a company address is prohibited. There is only a residential function here, there is no business registration function. Not in an apartment complex. If your apartment is not located in a commercial area, you will need to provide documents proving that the area has been approved for commercial registration.

Prepare capital to register to establish a company. Know the minimum and maximum capital to start a business. In normal lines of business, there is no limit below the upper limit on capital. However, some professions require legal capital such as the real estate industry, requiring a capital of VND 20 billion to allow registration of this profession.

Note that the time limit for contributing full share capital is 90 days from the date of issuance of the Business Registration Certificate to help businesses avoid penalties. If after this deadline the company has not contributed enough capital, it must adjust its charter capital to match the actual contributed capital of the members.

Prepare to elect legal representatives; The legal representative must have full legal capacity. The legal representative must be at least 18 years old and have experience and management skills in the field in which the company seeks to establish successful business operations. You can appoint a legal representative for your company.

b. Please select a business line to register your company

The registration of business units in company registration is carried out according to Appendix I and Appendix II of Decision No. 27/2018/QD-TTg dated July 6, 2018 of the Prime Minister promulgating the Business Industry Code System. Vietnam from August 20, 2018.

When registering a company, the company founder must choose a level 4 economic industry in the Vietnam Economic Industry System and clearly state the business field in the Company Registration Application.

If an enterprise wants to register a more detailed level 4 economic industry, the enterprise selects a level 4 economic industry in the Vietnam Economic Industry Project and specifies the business line. , Company The company’s divisions fall under the fourth industry, but you must ensure that the company’s detailed business description matches the fourth industry you choose. In this case, the company is only allowed to operate in the specified business field.

In case the detailed business field is not listed in Appendix II of Decision No. 27, the detailed business field is recorded according to the business field specified in specialized legal documents.

In case the Provincial Chamber of Commerce receives a document from a competent authority confirming that an enterprise operates a conditional business line but does not fully meet the conditions prescribed by law, the Chamber of Commerce shall issue a The province publishes the document. Require the company to notify the appropriate government agency of its compliance with the law and conditionally cease its business operations.

c. How to submit documents to establish a company

In Hanoi, online business registration application registration is done through the National Electronic Information Portal. Only when the business registration application has been properly approved, will the business owner need to go to the Chamber of Commerce to submit the paper application. After submitting paper documents, the contractor receives a business registration certificate.

4. Where to submit the application and deadline for processing the application for business establishment registration

Apply: Business Registration Office – Department of Planning and Investment where the company is headquartered.

Payment term: Within 3 working days from the date of receipt of complete and valid documents. After being granted a business registration certificate, the company must go through a number of necessary procedures to officially operate business.

5. Frequently asked questions about company establishment documents

5.1 What do you need to prepare to establish a company?

To register a company, you not only need to know the current legal requirements such as capital, business lines, name, type and address.

5.2 Who has the right to establish a business?

A company registering to establish a company must fully comply with the requirements for legal representatives under the Company Law. For example:
Must be a member and have full legal capacity

5.3 What is the time limit for processing a request to register to establish a limited liability company with two or more members?

Time limit for processing registration documents to establish a limited liability company with two or more members: Within 3 working days from the date of receipt of complete and valid documents.

5.4 Where to submit registration documents to establish a limited liability company with two or more members?

Applicants for company registration must submit an application to the Business Registration Office where the business is headquartered

5.5 What are the ways to submit documents to establish a company?

Currently there are two options: Direct submission: Business registration license can be obtained from the one-stop department of the Department of Planning and Investment, where the company is headquartered. The second option is to submit your application online through the portal.

Above you can see the profile components with the necessary documents to answer the question “What does the company establishment profile include?”. Hopefully, the information about business establishment documents that VIET MY LAW AND ACCOUNTING has advised above will help you clearly understand the requirements to fully prepare your business registration documents. If you still have questions about your documents after your business is successful, please contact us directly for specific support and advice.