The company shall make a member register as soon as the Certificate
1. The company shall make a member register as soon as the Certificate of Business Registration is issued. The member register shall contain:
a) The enterprise’s name, ID number, and headquarter address;
b) Full names, permanent residences, nationalities, ID/passport numbers of members being individuals; names, establishment decision numbers or company ID numbers, headquarter addresses of members being organizations;
c) Stakes and values thereof; date of capital contribution, types of contributed assets; quantity and value of each type of assets contributed by each member;
d) Signatures of members being individuals or legal representatives of members being organizations;
dd) Numbers and dates of issue of certificates of capital contribution of every member.
2. The member register shall be kept at the company’s headquarter.
Article 50. Rights of members
1. Participate in meetings of the Board of members; discuss, propose, votes for the issues within the competence of the Board of members.
2. Cast a number of votes that is proportional to the member’s stake, except for the case in Clause 2 Article 48 of this Law.
3. Receive a proportion of profits that is proportional to the member’s stake after the company has settled all taxes and fulfilled other financial obligations as prescribed by law.
4. Receive a proportion of remaining assets that is proportional to the member’s stake after the company is dissolved or goes bankrupt.
5. Has the preemptive right to contribute additional capital when the company’s charter capital is increased.
6. Dispose of his/her own stake by transfer part or all of it, give, donate or otherwise in accordance with law and the company’s charter.
7. File a lawsuit against the President of the Member assembly, Director/General Director, legal representative, or another manager in accordance with Article 72 of this Law, whether single-handedly or on behalf of the company.
8. Except for the case in Clause 9 of this Article, any member or group of members that owns at least 10% of the charter capital (or a smaller amount prescribed by the company’s charter) shall have the additional rights below:
a) Request meetings of the Board of members to resolve issues within its competence;
b) Inspect, examine books and monitors transactions, accounting books, and annual financial statements;
c) Inspect, examine, copy the member register, meeting minutes, Resolutions of the Board of members, and other documents of the company.
d) Request the Court to annul the resolution of the Board of members within 90 days from the ending date of the meeting if the procedures, conditions for meeting, or contents of such resolution are not correct or not conformable with this Law and the company’s charter.
9. If a company’s member owns more than 90% of charter capital and the company’s charter does not provide for a smaller rate as prescribed in Clause 8 of this Article, the group of other members shall naturally have the rights prescribed in Clause 8 of this Article.
10. Other rights prescribed by this Law and the company’s charter.
Tin liên quan
GIẤY PHÉP THÀNH LẬP VĂN PHÒNG ĐẠI DIỆN (TT)
The duration of authorization of each representative, including the beginning date;
Responsibilities of the enterprise’s legal representative
Reporting changes to information about the enterprise’s manager
Criteria, rights and obligations of social enterprises
Do accounting, make and submit truthful financial statements in a timely manner according to regulations of law on accounting and statistics.
State assurance about enterprises and owners of enterprises
Subsidiaries are related person of the parent company in the same group
Application of the Law on Enterprises and specialized laws
Acceptance of leased goods