When Does a Company Need to Change Its Legal Representative?

A company may need to change its legal representative in various situations, such as:

  • End of Term: When the representative’s term ends as per the company’s charter or legal regulations.
  • Resignation or Retirement: If the current representative resigns or retires due to personal or health reasons.
  • Management Changes: When the company reorganizes or updates its management structure.
  • New Appointment: For strategic changes or legal requirements necessitating a new representative.
  • Shareholder Decisions: As decided by shareholders or members through formal resolutions.
  • Legal Compliance: If the current representative no longer meets legal qualifications.
  • Legal Disputes: To resolve any disputes or legal issues involving the current representative.
  • Government Mandates: When required by government agencies due to legal violations.

Changes must be carried out in accordance with legal regulations and the company’s charter, including proper notification and updates with the business registration authority.

KMC’s Responsibilities in Handling Legal Representative Changes

KMC handles the change process efficiently by:

  • Reviewing Information: Verifying all client-provided details.
  • Drafting Documents: Preparing the application and decision documents required for the change.
  • File Preparation: Organizing the application as per Department of Planning and Investment regulations.
  • Application Submission: Filing the request with the relevant department.
  • Certificate Delivery: Providing the updated business registration certificate to the client.

Client Requirements:

  • Company Tax Code
  • Information of the New Legal Representative

Frequently Asked Questions

  1. Is it necessary to notify the tax authority about the change in the legal representative? No, you do not need to notify the tax authority separately. The data between the Department of Planning and Investment and the tax authority are synchronized, so completing the change with the Department of Planning and Investment is sufficient.

  2. Should clients be notified about the change of the director? Yes, clients and relevant parties should be informed about the change in the legal representative or director, as they are responsible for signing contracts and handling official documents.

Other Services

Accounting and Finance Advisory

KMC provide professional initial accounting and tax registration services, you shall not bother about issues related to tax and accounting after post license. Our team with high expertise and many years experiences will support and accompany you.

Taxation Advisory

Our tax services rely on our local knowledge to ensure tax compliance, tax administration and dealing with tax authorities. We assist you by taking into account the latest regulations thus ensuring full tax compliance and optimization.

Business Advisory

KMC believes in an approach to our client, as we familiarize ourselves with all aspects of your business and the environment in which you operate, it enables us to propose you the most appropriate plan at a competitive service fee.

Mergers and Acquisitions (M&A) Advisory

Our global network in combination with our deep industry knowledge means that we can help companies identify other businesses that offer a good strategic fit and assist them with acquisitions, mergers and alliances that allow them to maintain and build their competitive advantage.

Transfer Pricing Advisory

Transfer pricing refers to the rules and methods for pricing transactions between related entities, typically within multinational companies. Currently, regulations on compliance of transfer pricing are very complexly and strictly.

Annual Consulting Services

KMC has the expertise with experienced resources, including lawyers, auditors, accountants who have many years of experiences working in the investment, accounting, taxation and labour consulting fields.