Application for registration of establishment of a limited liability trade and service company
1. What documents are included in the application to register to establish a limited liability company for trade and services?
For a service trade limited liability company that is a one-member limited liability company, the regulations on establishment registration documents are as prescribed in Article 24 Decree 01/2021/ND-CP include:
- Business registration application: This is a declaration containing content confirming the request to register to establish a company, basic information about the company, and the legal representative.
- Charter of the company: This describes the rules, rights, and responsibilities of the members, management structure, charter capital, and other regulations on the company's operations.
- Copies of documents:
+ Legal representative: Copy of legal documents of the legal representative.
+ The company owner is an individual: Copy of legal documents of the owner (individual).
+ The company owner is an organization: Copy of legal documents of the owner organization, which may include the investment registration certificate if it is a foreign organization.
+ Authorized representative: Copy of legal documents of the individual authorized representative and document appointing the authorized representative.
- Investment registration certificate: In case the company is established by a foreign investor or an economic organization with foreign investment capital, a copy of the investment registration certificate must be provided according to regulations. stipulated in the Investment Law and guiding documents.
If the service trade limited liability company is a limited liability company with two or more members, the list of company members is also required and added to the records. Documents need to be consular legalized for foreign organizations. Registration documents need to be presented completely and accurately to ensure the registration process goes smoothly. Registration documents need to be legalized for foreign organizations, and careful preparation helps the registration process go smoothly.
2. Time limit for issuance of Business Registration Certificate for trade and service limited liability companies
The issuance of a Business Registration Certificate for a service trade limited liability company is carried out in accordance with the provisions of Article 33 of Decree 01/2021/ND-CPunder certain conditions and deadlines. As follows:
- Issuing certificate: The Business Registration Office is responsible for issuing the Business Registration Certificate and Confirmation of change in business registration content within 03 working days from the date of receipt of the application. Complete and valid records from the registrant.
- Notice of amendment if the dossier is not valid:
+ In case the application dossier does not meet the conditions or the business name requested to be registered does not comply with regulations, the Business Registration Office is responsible for notifying the founder in writing of the content that needs to be amended or supplemented. enterprise or enterprise within 03 working days from the date of receiving the application.
+ The Business Registration Office records all requests to amend and supplement business registration documents for each set of documents submitted by the enterprise in a Notice of request to amend and supplement business registration documents. Karma.
- Right to complain and denounce: In case the deadline for issuance of the Certificate has passed and no notice requesting amendment or supplementation of documents has been received, the business founder or enterprise has the right to complain and denounce according to provisions of law on complaints and denunciations.
The process and deadline for issuing the Business Registration Certificate as above are intended to ensure transparency, speed, and accuracy in managing business registration, creating convenience for businesses and founders. In summary, according to the provisions of Article 33 of Decree 01/2021/ND-CP, the issuance of a Business Registration Certificate for a service trade limited liability company is carried out within 03 working days. from the date of receipt of complete and valid documents. In case the dossier does not meet the requirements, the Business Registration Office will notify you of the content that needs to be amended or supplemented within 03 working days. If the deadline passes and the notice is not received, the business founder or enterprise has the right to complain and denounce according to the provisions of law on complaints and denunciations. This process is intended to ensure transparency and efficiency in the business registration management process, helping businesses and founders have accurate and quick information.
3. Rights of a commercial service limited liability company
According to Article 7 of the Enterprise Law 2020, a commercial service limited liability company (Limited Liability Company) has the following rights:
- Freedom to conduct business in industries and professions that are not prohibited by law: Limited liability companies have the right to choose and carry out business industries and occupations without restriction unless prohibited by law.
- Business autonomy and choice of business organization form: Limited liability companies have the right to decide and have autonomy in business organization, including choosing business form, industry, profession, and location. , and business scale.
- Choose the form and method of mobilizing, allocating and using capital: The limited liability company has the right to decide on the form of capital mobilization, how to allocate and use capital proactively and flexibly. .
- Freedom to search for markets, customers and sign contracts: Limited liability companies are free to search for markets, target customers and have freedom in signing business contracts.
- Export and import business: The limited liability company has the right to engage in export and import business of goods and services.
- Recruitment, hiring and use of labor: Limited liability companies have the right to recruit, hire and manage labor according to the provisions of labor law.
- Proactively apply science and technology: Limited liability companies have the right to use and apply scientific and technological advances to improve business efficiency and competitiveness.
- Intellectual property rights protection: Limited liability companies are protected intellectual property rights according to the provisions of the law on intellectual property.
- Possession, use and disposition of the enterprise's assets: The limited liability company has the right to possess, use and dispose of the enterprise's assets according to the provisions of law.
- Refuse requests that do not comply with the provisions of law: The limited liability company has the right to refuse requests from agencies, organizations, and individuals if such requests do not comply with the provisions of law.
- Complaints and participation in proceedings: The limited liability company has the right to complain and participate in proceedings according to the provisions of law.
- Other rights as prescribed by law: In addition to the rights mentioned above, the Limited Liability Company also enjoys other rights as prescribed by law.
All of these rights help ensure autonomy and flexibility in the business process of the service trading limited liability company. This company has the freedom to choose industries, occupations, and forms of business, and is allowed autonomy in financial, labor, and other important decisions related to business activities. The company's power also includes the ability to participate in international markets through export and import business, application of technology to improve efficiency, and protection of intellectual property rights. They also have the right to take legal remedies, including making complaints and participating in legal proceedings when necessary.