Dossier to change the name of a company with foreign capital

Dossier of change of name of a company with foreign capital are necessary documents for competent state agencies to consider; and record the new name in the Certificate of Business Registration and the Certificate of Investment Registration. Business name is the basis to identify a specific business with other businesses; is the basis for creating a brand in the market. During its operation, a foreign-invested company can completely change its name accordingly the business plan. In case there is a change; the foreign-invested company needs to prepare dossier to change the name of a company with foreign capital that LSX Lawfirm provides as follow.

Legal grounds

Investment law 2020

Enterprise law 2020

Dossier to change company name on business registration certificate

• Notice of change of business registration content

• Attached to the Notice, depending on the type of business, the dossier also includes one of the following documents:

+ Firstly, resolutions and decisions of the company owner, for single-member limited liability companies ;

+ Secondly, resolutions, decisions and copies of minutes of meetings of the Members’ Council, for limited liability companies with two or more members.

+ Lastly, resolution and copy of minutes of the General Meeting of Shareholders for joint-stock companies Power of attorney for the applicant.

Dossier to adjust the company name on the investment certificate includes

• A written request for modification of the Investment Registration Certificate;
• Report on the implementation of investment projects up to the time of adjustment;
• Investor’s decision on adjustment;
• Current investment registration certificate;
• Notarized copy of Business registration certificate bearing the new company’s name;

Notes on the file of changing the name of a foreign-invested company

• In case the name of the foreign-invested company attach to the project name, in addition to the application for changing the company’s name, the enterprise needs to make a dossier to change the project name on the investment registration certificate and submit it to the investment registration agency.
• In case the investment registration certificate shows the company’s name, the enterprise wishing to update the new name on the investment registration certificate, needs to make an application for adjustment of the investment certificate.

Note about new business name

• The Vietnamese name and English name of the enterprise must not be identical or confusingly similar to the name of a previously registered enterprise nationwide. The abbreviated name of an enterprise must not be the same as that of a registered enterprise nationwide. How to determine what is a confusingly identical; or similar name is specified in Article 41 of the Enterprise Law 2020.

• Foreign-owned companies that are granted establishment licenses before July 1, 2015 may continue to use the registered business names and are not required to register to change their business names in case the names are the same or cause problems. confused with the business name registered in the National Database of Business Registration. Therefore, if a foreign-owned company changes its name; the application for name change must comply with the regulations on business names under the Enterprise Law 2020.

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