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LEGAL CONSEQUENCES WHEN ENTERPRISES DO NOT CARRY OUT OBLIGATORY PROCEDURES FOR ENTERPRISE'S DISSOLUTION
LEGAL CONSEQUENCES WHEN ENTERPRISES DO NOT CARRY OUT OBLIGATORY PROCEDURES FOR ENTERPRISE'S DISSOLUTION
Question: Dear Lawyer, my company has my business registration certificate revoked but at the moment I don’t want to dissovel the company, is there any legal resson base on law?
Sincerely thanks!
Answer: Hi! Regarding your case, Gattaca Law would like to advise as follows
According to the information, your company is subject to compulsory dissovel in accordance with the law and if you do not carry out procedures for dissolution, the company will be sanctioned for administrative violations. Concrete:
Enterprise disation means the termination of the legal existence of a business at the will of the owner and/or the decision of the competent authorities for approval. Thus, the problem of enterprise enterprise's medg may arise from the voluntary or compulsory enforcement as prescribed by law. Compulsory cases of liquidity (Article 207.1 Law on Enterprises 2020) include:
Question: Dear Lawyer, my company has my business registration certificate revoked but at the moment I don’t want to dissovel the company, is there any legal resson base on law?
Sincerely thanks!
Answer: Hi! Regarding your case, Gattaca Law would like to advise as follows
According to the information, your company is subject to compulsory dissovel in accordance with the law and if you do not carry out procedures for dissolution, the company will be sanctioned for administrative violations. Concrete:
Enterprise disation means the termination of the legal existence of a business at the will of the owner and/or the decision of the competent authorities for approval. Thus, the problem of enterprise enterprise's medg may arise from the voluntary or compulsory enforcement as prescribed by law. Compulsory cases of liquidity (Article 207.1 Law on Enterprises 2020) include:
- The enterprise ends the operation term specified in the enterprise's charter without a decision to continue the extension.
- The Company no longer has a minimum number of members as prescribed by this Law for 06 consecutive months without carrying out procedures for conversion of the type of enterprise.
- Enterprise registration certificate revoked.
If the enterprise falls into a state of compulsory disesy according to one of the above cases without proceeding with the disesy, the legal consequence is that the enterprise will be administratively sanctioned. According to article 35 of Decree No. 50/2016/ND-CP on Sanctioning of administrative violations in the field of Planning and Investment, the fines for the above acts can be up to VND 5,000,000 – VND 10,000,000.
For detailed advice and timely support on the above documents and procedures, please contact:
Gattaca Law Firm
Address: 32 Nguyen Dinh Hoan, Nghia Do, Cau Giay, Ha Noi
Hotline: 0243.204.1777 – 090.17.63.379
Website: gattacalaw.vn
Director – Dr. Lawyer Nguyen Thanh Nam
For detailed advice and timely support on the above documents and procedures, please contact:
Gattaca Law Firm
Address: 32 Nguyen Dinh Hoan, Nghia Do, Cau Giay, Ha Noi
Hotline: 0243.204.1777 – 090.17.63.379
Website: gattacalaw.vn
Director – Dr. Lawyer Nguyen Thanh Nam
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