How long does it take for a joint stock company to change shareholders who are foreign investors to notify the Business Registration Authority?

Joint stock companies changing shareholders who are foreign investors are prescribed in Clause 3, Article 31 of the Enterprise Law 2020 as follows:

 “Notification of change in business registration content

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3. A joint stock company must notify in writing the Business Registration Office where the company's head office is located within 10 days from the date of change for shareholders who are registered foreign investors. in the company's shareholder register. The notice must include the following contents:

a) Name, business code, head office address;

b) For shareholders who are foreign investors transferring shares: name and head office address of the shareholder who is an organization; full name, nationality, and contact address of individual shareholders; number of shares, type of shares and their current share ownership ratio in the company; number of shares and type of shares transferred;

c) For shareholders who are foreign investors receiving shares transfer: name and head office address of the shareholder who is an organization; full name, nationality, and contact address of individual shareholders; number of shares and type of shares to be transferred; number of shares, type of shares and their respective share ownership ratio in the company;

d) Full name and signature of the company's legal representative.

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Thus, according to regulations, in case a joint stock company changes shareholders who are foreign investors registered in the company's shareholder registration book, it must notify in writing to the business registration agency where they are registered. the company's head office within 10 days from the date of change.

The list of shareholders who are foreign investors for a joint stock company must include what main contents?

The list of shareholders who are foreign investors for joint stock companies is prescribed in Article 25 of the Enterprise Law 2020 as follows:

“List of members of limited liability companies, partnerships, list of founding shareholders and shareholders who are foreign investors for joint stock companies

1. Full name, signature, nationality, contact address of individual members for limited liability companies and partnerships; of founding shareholders and shareholders who are foreign investors who are individuals for joint stock companies;

2. Name, business code and head office address of organizational members for limited liability companies and partnerships; of founding shareholders and shareholders who are foreign investors who are organizations for joint stock companies;

3. Full name, signature, nationality, contact address of the legal representative or authorized representative of the member being an organization for a limited liability company; of founding shareholders and shareholders who are foreign investors who are organizations for joint stock companies;

4. Contributed capital, value of capital contribution, ownership ratio of capital contribution, type of asset, quantity of assets, value of each type of contributed asset, term of capital contribution of each member to the company limited liability, partnership; number of shares, type of shares, share ownership ratio, type of assets, number of assets, value of each type of contributed assets, capital contribution period of each founding shareholder and equity shareholder foreign investment in joint stock companies.”

Accordingly, the list of shareholders who are foreign investors for joint stock companies must include the following main contents:

(1) Full name, signature, nationality, contact address of shareholders who are foreign investors who are individuals;

(2) Name, business code and head office address of the shareholder who is a foreign investor being an organization;

(3) Full name, signature, nationality, contact address of shareholders who are foreign investors being organizations;

(4) Number of shares, type of shares, share ownership ratio, type of assets, number of assets, value of each type of contributed assets, capital contribution period of each shareholder as an investor foreign.

Does a joint stock company have to publicly announce the list of shareholders who are foreign investors?

The public announcement of the list of shareholders who are foreign investors is prescribed in Clause 1, Article 32 of the Law on Enterprises 2020 as follows:

“Disclosure of business registration content

1. After being granted a Business Registration Certificate, an enterprise must make a public announcement on the National Business Registration Portal and must pay fees according to the provisions of law. The published content includes the contents of the Business Registration Certificate and the following information:

a) Line of business;

b) List of founding shareholders; List of shareholders who are foreign investors for joint stock companies (if any).

2. In case of changes to the business registration content, the corresponding changes must be publicly announced on the National Business Registration Portal.

3. The time limit for public announcement of information about enterprises specified in Clauses 1 and 2 of this Article is 30 days from the date of publication.”

Thus, in case a joint stock company has shareholders who are foreign investors, it must disclose information according to regulations.