Standard application to establish a joint stock company in 2024

Application to establish a joint stock company play a key role in the business registration process in Vietnam. Customers need to master the application requirements and submission process, ensuring the authenticity of the declared information. Careful preparation will help the business establishment process go smoothly. This article will provide detailed instructions on the standard joint stock company establishment documents in 2024.

Necessary documents in the application to establish a joint stock company

The registration dossier to establish a joint stock company needs to be fully and accurately prepared. These documents will help the approval process take place quickly and smoothly. Documents in the registration application to establish a joint stock company according to Article 23 of Decree 01/2021/ND-CP include:

• Application for business registration;
• Company charter;
• List of founding shareholders and list of shareholders who are foreign investors (joint stock companies);
• Copies of legal documents of the legal representative of the enterprise;
• Copies of legal documents of founding shareholders and shareholders who are foreign investors;
• Copy of legal documents of the authorized representative of the member, founding shareholder, shareholder of the foreign investment organization and the document appointing the authorized representative;
• Investment registration certificate if the enterprise is established or participates in the establishment by a foreign investor or economic organization with foreign investment capital.

How to fill out a business registration form

According to the regulations in Appendix I-4 Circular 01/2021/TT-BKHDT, when filling out the business registration form, customers need to provide complete and accurate information as follows:

• Business name: Clearly state both Vietnamese and foreign languages ​​(if any);
• Head office address: Details of house number, street/street, ward/commune, district/district and province/city;
• Business lines: Use level 4 industry code in accordance with the Vietnam Economic Industry System;
• Charter capital: Clearly state the amount in both numbers and words;
• Legal representative: Declare full name, title and ID/CCCD number.

Finally, the representative signs, stamps and clearly states his full name. Accurate declaration of the above information will help the business registration agency process the application quickly.

Customers can download the business registration form: Here

Note when making a list of shareholders to establish a joint stock company

Prepare a list of shareholders who are foreign investors

According to the regulations in Appendix I.8 Circular 01/2021/TT-BKHDT, the list of shareholders who are foreign investors must be fully and accurately prepared, including detailed information about each shareholder. Specifically:

• For individual shareholders: Full name, nationality, valid passport number;
• For shareholders who are organizations: Full name, head office address, number of business registration certificate or equivalent valid legal documents;
• The capital contribution of foreign shareholders needs to clearly state the value of the capital contribution and ownership ratio. The total number of shares and type of shares of each shareholder also need to be shown in detail. The legal representative signs and stamps to confirm the list. Accurately preparing this list helps state management agencies clearly understand the percentage of foreign ownership in the company.

Customers can download the form of list of shareholders who are foreign investors: Here

Prepare an accurate list of founding shareholders

The list of founding shareholders is prepared according to the form specified in Appendix I.7 of Circular 01/2021/TT-BKHDT. The list needs to record complete information of each founding shareholder including:

• Full name, date of birth, gender;
• Nationality, permanent residence address;
• ID card/CCCD number;
• For organizations, it is necessary to write the name, business code, and head office address.

In addition, the capital contribution of founding shareholders needs to clearly state the total number of shares, value of shares, ownership ratio, and type of shares. The time at which each shareholder contributes capital also needs to be specifically shown.

Finally, the legal representative signs and stamps to confirm the list. Accurately preparing this list helps clearly define the responsibilities and rights of founding shareholders in the first 3 years of the company’s operation.

Customers can download the form of list of founding shareholders: Here

Procedure for submitting application to establish a joint stock company

The procedure for submitting applications to establish a joint stock company are specified in Article 32 of Decree 01/2021/ND-CP.

1. Applicants can choose to submit directly to the Business Registration Office where the company’s headquarters is located;
2. The applicant pays business registration fees and charges at the time of submitting the business registration application;
3. After receiving valid documents, the Business Registration Office has 3 working days to issue the Business Registration Certificate. In case of refusal, the business registration agency will notify in writing clearly stating the reason.

Consulting and support services for establishing joint stock companies

Establishing a joint stock company is an important decision in the business development process. Joint stock companies not only provide a flexible capital structure but also help attract investment from many different sources. However, the process of establishing and managing a joint stock company can be quite complicated if not done properly.

With a team of experts with extensive experience in the field of corporate law, Long Phan provides consulting services and support for establishing joint stock companies. This service includes:

• Consulting on choosing company name and business line;
• Drafting business registration documents;
• Carry out business registration procedures: submit documents, monitor progress and explain if there are additional requirements;
• Implement business information disclosure on the National Business Registration Portal.
• Support for legal and administrative issues after establishment

Establishing a joint stock company can be a big challenge without professional support. Consulting and support services not only help simplify the process but also ensure that you comply with the law.

Application to establish a joint stock company require accuracy and compliance with the law. You need to master the necessary documents, how to prepare them, and the application and registration process. To ensure documents meet legal requirements and avoid errors, please contact Long Phan via hotline: 0906.735.368 for detailed advice. Our team of experts will support you throughout the process of establishing a joint stock company, from preparing documents to completing business registration procedures.