GUIDANCE ON PROCEDURES FOR ESTABLISHMENT OF A LIMITED LIABILITY COMPANY

20/08/2024
BUSINESS ESTABLISHMENT

If you are wondering about the procedure for establishing a limited liability company, the company will be the best solution for you. With almost 20 years of experience, we are committed to providing the best experience when using our company setting up service. We always put our customers’ interests first, and tens of thousands of customers have trusted our prestigious service choices for almost 20 years. The company is proud to provide professional limited liability company establishment procedures, reasonable cost and fastest time.

GUIDANCE ON PROCEDURES FOR ESTABLISHMENT OF A LIMITED LIABILITY COMPANY

1.      About the Limited Liability Company

A Limited Liability Company (LLC) is a type of business established by an individual or organization, in which the owners are called members. A limited liability company is recognized as an independent legal entity in accordance with the current Law on Enterprises. There are two forms of limited liability companies:

- One-Member Limited Liability Company: Owned by an individual or organization and fully responsible for financial obligations within the scope of charter capital. 

- Limited liability company with two or more members: There are from 2 to 50 members, each member is responsible for the company's debts corresponding to the amount of contributed capital.

  HƯỚNG DẪN THỦ TỤC THÀNH LẬP CÔNG TY TRÁCH NHIỆM HỮU HẠN

The limited company model offers many benefits, such as flexibility in management and limited personal risk to the company's obligations. Before establishment, the investor needs to clearly understand the reason for choosing this type of company as well as the related processes and procedures.


2.       Why should a limited liability company be established? 

Limited companies are chosen by many people thanks to the following advantages: 

- Limited Liability: Limited liability is only responsible for debts and financial obligations within the scope of the contributed capital. 

- Suitable Organizational Structure: Suitable for start-ups such as family companies or with trade secrets. 

- Easy Management: Limited number of members, easy to control and manage. When transferring capital, prioritizing offerings to existing members helps limit the participation of strangers. 

- Capital Transfer: When the company is not profitable, capital transfer is not subject to tax like a joint-stock company.


3.      Conditions for establishment of a limited liability company 

To establish a limited liability company, the following conditions must be met: 

- Conditions for owners: Owners must comply with the provisions of law. 

- Conditions on business lines: Business lines must not be prohibited by law and meet the requirements of conditional industries.

- Capital conditions: Register charter capital in accordance with business activities. 

- Conditions for company name and head office: The company name must be unique enough, not duplicated, and the head office address must be accurate.

HƯỚNG DẪN THỦ TỤC THÀNH LẬP CÔNG TY TRÁCH NHIỆM HỮU HẠN

4.    Process and Procedures for Establishment of a Limited Company 

Step 1: Prepare Information - Select the type of company:

 - Decide to establish a one-member limited liability company or a two-member or more limited liability company. 

- Business Scope: Ensure to be in fields that are not prohibited and meet business conditions. 

- Name the company: Make sure the company name has enough identifying elements and is not duplicated. 

- Select Headquarters Address: The address must be accurate and clear. 

- Determination of charter capital: Register the appropriate charter capital. 

- Legal Representative: Identify the person who manages and operates the company.


Step 2: Prepare the dossier 

- Application for business registration - Corporate Charter 

- Member list (if any) - Member's CCCD or Passport 

- Business Registration Certificate (if the member is an organization) 

- Authorization decision (if any)

- Power of Attorney for Business Incorporation Services


Step 3: Submit the application 

- Location: Office of the Department of Planning and Investment of the province/city.

- Method: Submit directly or through the online business registration portal. 


Step 4: Get the registration result 

- The Department of Planning and Investment will review the dossier within 03 working days. If the dossier is valid, an Enterprise Registration Certificate will be issued.


Step 5: Post the company establishment announcement

-Posting company information on the National Business Registration Portal.

5. Things to do after establishing a limited liability company 

- Initial tax return 

- Open a bank account 

- Buy digital signatures 

- Hanging company signs 

- Procedures for issuing invoices 

- Completing Licenses and Certifications

- Insurance Participation and Tax Registration 

- Value Added Tax (VAT) 

Filing Proper implementation of the process and compliance with legal regulations not only helps the limited company operate effectively but also improves its reputation and opens up opportunities for future development. 

HƯỚNG DẪN THỦ TỤC THÀNH LẬP CÔNG TY TRÁCH NHIỆM HỮU HẠN

If you need more information or support, please contact A Dong Company for detailed advice. Address: Room F2 & F3, FOSCO Building, No. 2 Phung Khac Khoan, Da Kao Ward, District 1, Ho Chi Minh City 

Hotline: 0903 693 301 - 0909 393 329 - 0903 641 946 

Email: info@a-dong.com.vn 

Website: a-dong.com.vn

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