The law stipulates that an enterprise may suspend its business for 1 year. At the end of this period, the business will return to business or continue to suspend business again. How to extend the business suspension? Please immediately refer to Lawyer X’s article on this issue.
Legal grounds
Enterprise Law 2020
Decree 01/2021/ND-CP
Circular 01/2021/TT-BKHDT
Consulting content
Is it possible to extend the suspension of business?
“Suspension of business” means the legal status of an enterprise that is temporarily suspending business by the law for a certain period. During this time, the business still exists. However, it is not possible to carry out any other transactional business activities.
Clause 1, Article 66 of Decree 01/2021/ND-CP stipulates:
In case an enterprise, branch, representative office, or business location wishes to continue to suspend business after the notice period expires, it must notify the Business Registration Office within 03 working days at the latest. before the date of resumption of business suspension.
Thus, the enterprise can extend the business suspension when the previous notice period of business suspension has expired.
How many times can an enterprise suspend its business?
Clause 1, Article 66 of Decree 01/2021/ND-CP stipulates:
– In case an enterprise, branch, representative office, or business location suspends or resumes business before the notified deadline, the enterprise shall send a notice to the Business Registration Office where the enterprise or branch is located. branches, representative offices, and business locations located at least 03 working days before the date of business suspension or resumption of business before the notified time limit.
– In case an enterprise, branch, representative office, or business location wishes to continue to suspend business after the notice period expires, it must notify the Business Registration Office within 03 working days. work before the date of resumption of business suspension. The duration of business suspension of each notice shall not exceed one year.
Thus, after the end of the business suspension period, the enterprise has the right to continue to suspend business when there is a need. The mandatory condition when suspending an enterprise for the next time is to notify within 03 working days of the business registration office where the enterprise’s head office is located.
According to the new provisions of the Enterprise Law 2020, from January 1, 2021, enterprises are not limited to the number of times they can suspend their business, but each time of suspension cannot exceed a year.
Dossier for extension of business suspension
Dossier for extension of business suspension is also specified in Decree 01/2021/ND-CP. Each type of company will have to have a different profile. However, the basic profile includes:
– Notice of business suspension according to Appendix II-19 Circular 01/2021/TT-BKHDT;
– Resolution, decision, and copy of meeting minutes on business suspension of the Members’ Council, for limited liability companies with two or more members, partnerships;
– Decision, resolution, and copy of meeting minutes on business suspension of the Board of Directors for joint-stock companies;
– Resolution or decision of the company owner on business suspension of a one-member limited liability company;
– Power of attorney (if authorizing an individual/organization to carry out the business suspension procedure).
Procedures for extension of business suspension
Prepare an application and submit an application
Enterprises who want to extend the temporary suspension of business prepare 01 set of the above documents. This profile has been signed and duly stamped by the members/shareholders of the company.
The legal representative of the company or an authorized person shall submit a 01 application for a notice of suspension of operation to the Business Registration Office (under the Department of Planning and Investment) where the enterprise, branch, or representative office is located. , the place of business is located at least 03 working days before the date of business suspension.
Competent agencies to receive and process requests
After receiving the application, the Business Registration Office will give a receipt, check the validity of the application, and issue a certificate of the temporary suspension of registration of the enterprise, branch, representative office, or business location. business, a certificate of registration of the enterprise, branch, representative office, or business location to continue doing business before the notified time limit within 03 working days from the date of receiving the contract documents. rate.
In case an enterprise registers to suspend its business, the Business Registration Office shall update the legal status of the enterprise and the status of all branches, representative offices, and business locations of the enterprise in the establishment. national data on business registration to suspended status.
Business suspension fee
When carrying out the procedure for extending the business suspension period, there will be no fee.
Related article:
- Does business suspension have to pay wages to employees?
- Procedures for business cessation in accordance with the law in Vietnam
Frequently asked questions
– Notice of business suspension;
– Resolution, decision, and copy of meeting minutes of the Members’ Council, for limited liability companies with two or more members, partnerships;
– Resolution, decision, and copy of meeting minutes of the Board of Directors, for joint-stock companies;
– Resolutions and decisions of the company owner for one-member limited liability companies;
– Power of attorney (if any).
After receiving the application, the Business Registration Office hands over the receipt checks the validity of the application and issues:
– Certificate of business suspension registration;
– Certificate of business resumption registration before the announced deadline.
The Business Registration Office updates the legal status of enterprises in the National Business Registration Database to the status of the suspended business.
Services of Lawyer X
Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.
On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.
Cost: Besides, Lawyer X’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.
Confidentiality of client information: Finally, all personal information of clients Lawyer X will be 100% confidential.
Please contact us immediately with questions about the “How to extend the business suspension?”
Contact LSX Lawfirm
Finally, we hope this article is useful for you to answer the question: “How to extend the business suspension?”. If you need any further information, please contact LSX Law firm: at +84846175333 or Email: [email protected]
Conclusion: So the above is How to extend the business suspension?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
