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Business Law BSL 2050

A partnership has legal status as a legal entity once it receives an enterprise registration certificate. To be recognized as a legal entity, an organization must be established under the provisions of the Civil Code, have an organizational structure with an executive body, have independent assets and liabilities, and be able to independently engage in legal relations. While partnerships cannot issue securities, they can raise additional capital through contributions from new or existing members, borrowing, joint ventures, aid, or special credit forms.

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44 views3 pages

Business Law BSL 2050

A partnership has legal status as a legal entity once it receives an enterprise registration certificate. To be recognized as a legal entity, an organization must be established under the provisions of the Civil Code, have an organizational structure with an executive body, have independent assets and liabilities, and be able to independently engage in legal relations. While partnerships cannot issue securities, they can raise additional capital through contributions from new or existing members, borrowing, joint ventures, aid, or special credit forms.

Uploaded by

Tuyet Thi
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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3.

The legal person status (Tư cách pháp nhân)


- A partnership has legal status from the time it is granted an
enterprise registration certificate as prescribed in Clause 2, Article
177 of the Enterprise Law 2020.

- An organization is recognized as a legal entity when it fully


meets the following conditions:

+ Established under the provisions of the Civil Code 2015:

 A partnership company has members who are subject to


unlimited liability, but the company still has assets
independent of other individuals and organizations.
 The assets of the partnership include assets contributed as
capital by members who have transferred ownership to the
company;

 Assets created in the name of the company;

 Assets obtained from business activities carried out by


general partners in the name of the company and from
business activities of registered business lines of the
company carried out by general partners on their own behalf.
presently; other assets as prescribed by law

+ Having an organizational structure as prescribed in Article 83 of


the 2015 Civil Code:

 The legal entity must have an executive body. The


organization, duties and powers of the executive body of the
juridical person are specified in the charter of the juridical
person or in the decision to establish the juridical person.
 The legal person has another agency according to the
decision of the legal person or according to the provisions of
law.”
+ Having assets independent of other individuals or legal entities
and taking responsibility for their own property;

+ Independently participate in legal relations in his/her name.


4. Capital mobilization (Huy động vốn)
- Partnerships are not entitled to issue any type of securities
(Clause 3, Article 177 of the Enterprise Law 2020).
- This causes quite a lot of disadvantages for members of the
company in case they want to raise more capital. However, general
partners can also raise additional capital by increasing the amount
of capital contributed by members or receiving capital
contributions from new members
- A general partner may only transfer part or all of his/her capital
contribution if it is agreed by all other general partners. Therefore,
when there is a need for capital, a partnership can raise capital in
the following ways:

 Borrowing from domestic and foreign organizations and


individuals
 Borrowing from banks, credit institutions 
 Joint venture, association with other individuals and
organization 
 Get aid
 Special forms of credit
 Add members to increase the charter capital of the company

-These forms of capital raising increase the company's working


capital, which can help the company solve capital difficulties in
business, but do not increase the company's charter capital.

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