NOTES ON CHANGING THE ADDRESS OF THE HEAD OFFICE OF A ENTERPRISES WITH 100% FOREIGN CAPITAL

NOTES ON CHANGING THE ADDRESS OF THE HEAD OFFICE OF A ENTERPRISES WITH 100% FOREIGN CAPITAL

While operating and working, foreign enterprises can change the address of the head office to another place. To change the address, the enterprise has to prepare documents with many different procedures. The procedures for changing the address of enterprises with 100% foreign capital is much more complicated and time-consuming, compared with that of enterprises with 100% domestic capital. In this article, HTC law firm will provide knowledge on that procedure.

1. The procedures for changing the address of enterprises with 100% foreign capital

In case the enterprise only changes its head office but still retains the project implementation location: enterprise just needs to change the business registration certificate (with enterprise has separated the investment registration certificate and the business registration certificate business).

Foreign enterprises need to prepare these documents, which includes:

- A notification of changes to enterprise registration information which is signed by the enterprise’s legal representative;

- The resolution or decision and the copy of the minutes of meeting of the General Meeting of Shareholders of the joint-stock company on relocation of the enterprise’s headquarters address.

- Written documents proving that the new address is legitimate

- Report on progress of project implementation

- Report on the recent audited financial statement (and a certified copy)

After receiving the application, the Business Registration Office shall give a confirmation slip to the enterprise, examine the validity of documents, and issue the enterprise registration certificate as prescribed.

With the procedure for adjusting the investment registration certificate, clients may learn at the article “Consultation on adjusting the investment registration certificate”

2. Noted on changing the address of enterprises with 100% foreign capital

Firstly, with enterprises that fallen into the first case but have not separated investment certificate into investment registration certificate, these enterprises will carry out the procedures of separating investment certificate at the Business Registration Office

Secondly, changing the address of enterprises with 100% foreign capital may involve tax liability to the government if the new address is located in a different province. Therefore, only when enterprises need to change the address to another province do they have to carry out these procedures: closing tax, making a new seal, notifying on invoice information and adjustment of information on invoices with tax authorities to continue using, transferring insurance registration places from the old address to the new one

In case of changing the address to another district, enterprises do not need to certify tax liability to the government

Services provided by law firm HTC VN relates to consultation on applying for a license related to the change of head office address of a company with 100% foreign capital:

- Consultation on matters related to the procedure of changing the address of the company's head office with 100% foreign investment;

- Consultation on registering new head office or renting a location for implementing investment projects;

- Provide guidance to compile and complete the relevant documents carrying out the procedures for changing the address of the company's head office with 100% foreign investment, including the dossier of transferring the holding company (if the enterprises have investors being a holding company in a foreign nation)

- Represent customers to carry out procedures to change the address of the company's headquarters with 100% foreign investment with state agencies.

- Consultation on legal issues arising after changing the company's head office address.

Service Quality Commitment

The following are HTC Vietnam Law Firm’s Principles of Operation: Conscientious - Effective - Reliable. HTC Vietnam Law Firm assures quality, specifically as follows:

- Ensure that the work is carried out according to the agreed schedule, in accordance with the law, and in accordance with the code of ethics and Codes of Conduct of Vietnamese lawyers.

- Give priority to customers' interests, and make every effort to provide customers with the best quality of service.

- Respect the confidentiality of information that clients provided and information pertaining to the clients.

We are looking forward to a long-term cooperation.

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