Invitation to General Meeting of Shareholders

Article 139. Invitation to General Meeting of Shareholders

accounting-services-in-vietnam21. The convener of the General Meeting of Shareholders shall send invitations to all shareholders on the list of shareholders entitled to attend the General Meeting of Shareholders at least 10 days before the opening date, unless a longer period is prescribed by the company’s charter.

Every invitation must contain the name, headquarter address, enterprise ID number; name, permanent residence of the shareholder; time and location of meeting, and other requirements applied to participants.

2. Invitations shall be sent by registered mail to mailing addresses of shareholders; the invitation shall also be posted on the company’s website and a central or local daily newspaper where necessary according to the company’s charter.

3. The invitation shall be enclosed with the following documents:

a) The agenda, documents used during the meeting, and draft resolution on each issue on the agenda;

b) The ballot;

c) The form to appoint authorized representative to attend the meeting.

4. If the company has a website, meeting documents mentioned in Clause 3 of this Article may be posted on such website instead of being enclosed with the invitation. In this case, the invitation must specify the site and method of downloading documents, and the company must send such meeting documents to shareholders at their request.

Article 140. Exercising the right to attend General Meeting of Shareholders

1. A shareholder may directly attend the meeting, authorizes a person in writing to attend the meeting, or uses one of the method mentioned in Clause 2 of this Article. If a shareholder being an organization does not have an authorized representative mentioned in Clause 4 Article 15 of this Law, another person shall be authorized to attend the General Meeting of Shareholders.

accounting-services-in-vietnam1The authorization of representatives to attend the General Meeting of Shareholders must be made in writing using the form provided by the company. The persons authorized to attend the General Meeting of Shareholders must present the letters of authorization before entering the meeting room.

2. A shareholder is considered to have attended and voted at the General Meeting of Shareholders in the following cases:

a) The shareholder attends and directly casts votes at the meeting;

b) The shareholder authorizes another person to attend and cast votes at the meeting;

c) The shareholder attends and casts votes through online meeting, electronic voting, or using another electronic medium;

d) The shareholder sends votes to the meeting by post, fax, or email.