The owner of a one-member limited liability company may be an individual who cannot find a partner to establish a company. Having a compact and flexible organizational structure, simple procedures, this type of business is popular and selected for starting a business. Here, we introduce the basics of this type of business.
A single-member limited liability company is an enterprise owned by an organization or individual (hereinafter referred to as the company owner); The company owner is responsible for the company’s debts and other property obligations within the company’s charter capital.
Before proceeding to establish 1 member limited liability company. You need to prepare the entire budget plan and prepare the necessary information to compile a company establishment file such as: Company name, company address, business lines, legal representative, capital company charter, contributed capital …
After being granted a business registration certificate, the Company needs to carry out the following procedures of establishment such as: Registering to open a bank account, buying a digital signature, filing a tax return, paying license tax, and putting up a sign at Company’s headquarters, order invoice printing …
1. Preparing to establish 1 member limited company:
1.1 Name the Company
* How to name in Vietnamese:
When naming a one-member limited liability company, it consists of 2 elements in the following order:
+ First element: Type of business. The name of the enterprise type is written as “limited liability company” or “limited liability company” for a limited liability company.
+ Second element: proper name. The proper name is written in the Vietnamese alphabet, the letters F, J, Z, W, numbers and symbols. The proper name of the business need not be meaningful in Vietnamese, but the name only needs the letters listed in the Vietnamese alphabet.
For example: Company Limited (the first component) Giang Anh Investment and Construction (the second element).
For example: Tan An Service and Trading Company Limited
* How to name the company in a foreign language
The name of an enterprise in a foreign language is a name translated from a Vietnamese name into one of the Latin languages of the Latin script. When translated into a foreign language, the proper name of the enterprise may remain the same or translate the corresponding meaning into the foreign language.
In case an enterprise has its name in a foreign language, the name in a foreign language of the enterprise is printed or written in a font smaller than the Vietnamese name of the enterprise at the head office, branch, representative office, business location. business or on transaction documents, documents, and publications issued by the business.
* How to name the abbreviation of the company
The abbreviated name of an enterprise may be abbreviated from its Vietnamese name or its abbreviated name in a foreign language.
1.2. Company address
The head office of an enterprise is the place of contact of the enterprise on the territory of Vietnam, whose address is identified including house number, niche, alley, lane, street, street or hamlet, hamlet, commune, ward or ward. , towns, districts, towns, provincial cities, provinces and centrally run cities; telephone number, fax number and email (if any).
1.3. Declare charter capital
The charter capital of one member limited liability companies at the time of enterprise registration is the total value of assets committed by the owner to contribute and stated in the company’s charter.
You need to declare the charter capital in accordance with the actual size of your business because the company has limited liability within the declared capital.
1.4. Registration of business lines
According to the Enterprise Law 2014, the business registration line of the enterprise is described in the enterprise registration dossier and recorded on the national information portal on enterprise registration. Currently, the Business Registration Certificate no longer records the business line of the business.
During the course of operation, an enterprise wishing to do more business lines that have not been registered in the enterprise establishment dossier must also carry out the procedures for notifying the business registration agency for the business registration office. update information on new business lines in business registration documents.
Business lines that businesses are allowed to register in the business registration file is still based on the regulations of Vietnam’s economic system. For business lines not included in Vietnam’s economic system but prescribed in other legal documents, the business lines recorded in the enterprise registration dossier are recorded according to the business lines specified in those legal documents.
2. Procedures for establishing a one-member limited liability company:
Step 1: Prepare information and papers to conduct procedures for establishing the company
– Prepare company name, company address, legal representative, charter capital, business lines as guided above.
– For individual members, it is required to prepare: 04 notarized copies of no more than January 3 in papers of ID card / Passport / Citizen identity card (ID card must not exceed 15 years, Passport must not exceed 10 years ).
– For members being organizations that need to prepare: Establishment Decision / Business Registration Certificate / Business License, and ID / Passport / Citizenship of the representative of the organization. (all documents need to be notarized for more than 03 months).
Step 2: Drafting the file to set up a company
Documents of establishing 1 member limited company include:
+ Request for establishment of 1 Member Company Limited;
+Charter of 1 member limited liability company;
+ And the above prepared documents such as (ID / passport / CCCD, Establishment Decision / Business Registration Certificate / Business License).
Step 3: Submit application file for company establishment
+ Submit the drafted dossier + ID card / Passport / CCCD to the business registration office of the Department of Planning and Investment of the province / city.
Step 4: Get the result that the certificate of business registration
+ 03 working days after applying On the day of appointment to return results, the legal representative or authorized person will receive the results of the enterprise registration certificate if the dossier is complete and accurate.
Step 5: Publish the content of newly registered businesses on the national portal
+ After the application is valid and the enterprise is granted a certificate of enterprise registration, the company needs to follow the procedures for publishing the enterprise registration content to the national registration portal. The content to be published includes the contents of the certificate of business registration and information about the business line of the company;
Step 6: Carve seal for businesses + Publish your company’s seal on the business registration portal
+ The company that processes the seal at the establishment is allowed to engrave the seal and then submits a notice of using the seal sample at the business registration office to post the seal sample on the enterprise registration portal.
3. Performing the following established procedures such as: Registering to open a bank account, buying digital signatures, filing tax returns, paying license tax, hanging signs at the Company’s head office, ordering invoice printing …
Legal grounds: Law on Enterprises 2014; Decree 78/2015 / ND-CP on enterprise registration.