Enterprise suspension is a temporary solution when the company has not been doing business for a certain period of time. Therefore, when there is a need to suspend business, what documents do enterprises need to prepare and what is theprocedure for suspending business with the authorities? Dream Law will provide you with the most basic content when conducting business suspension in the following article.
- Dossiers for enterprise suspension
When there is a need to suspend business operations, the enterprise shall prepare a temporary suspension dossier including the following documents:
1) Notification of enterprise suspension.
2) Minutes of meetings of the Members’ Council for limited liability companies with two or more members, of the Board of Directors, for joint-stock companies, of general partners, for partnerships on enterprise suspension
3) Decision on enterprise suspension of the Members’ Council, for a limited liability company with two or more members; of the company owner, for a one-member limited company; of the Board of Directors, for a joint-stock company; of general partners, for partnerships
- The agency receiving the enterprise suspension dossiers.
The agency that has the authority to handle the dossiers of enterprise suspension is the Business Registration Office under the Department of Planning and Investment where the enterprise is headquartered.
The enterprises must send the dossiers at least 15 days before the day of suspension
For example: Enterprises that want to suspend their business activities from January 01 2021, then, on December 15 2020 at the latest, they must send a dossier of enterprise suspension to the Business Registration Office.
The time limit for handling the dossier is 03 working days from the date of receiving the dossier.
If the dossier is valid, the enterprise will be issued a Certificate of Enterprise Suspension. The Business Registration Office will send information about the enterprise suspending its business operation to the tax authority for co-management
- Time limit for enterprise suspension.
Enterprise suspension is the right of an enterprise, but in order to ensure a stable business market and limit the long-term suspension, it is difficult for competent authorities to control. Therefore, the law stipulates that enterprises are only allowed to suspend their business for 01 year, can be extended but not more than 02 consecutive years.
When suspending the business, enterprises must notify the business registrar to control the suspension period. If not, the notice will be fined for administrative violations.
- Notes when conducting enterprise suspension
When conducting enterprise suspension, enterprises must notice the required duties, especially the tax duties. To know more about these duties, please access the following link on our website:
Hereinabove is the information about enterprise suspension, please contact: 024 6653 9546 to get more consultancy and further support.
——————————————————
Dream Law LLC, Ltd.
Add: 401, No. 68, Phan Ke Binh road, Cong Vi ward, Ba Dinh district, Hanoi.
Hotline: 02466539546
Email: dreamlawllc@gmail.com
Website: https://dreamlaw.vn/
