Our company was established in 2012, using the seal and seal exists under model issued by the police agency, until now, our company continues to use this seal. I would like to ask you whether if my company must notify this seal model to the business registration authorities or not? Currently, our company is using a circle seal. Can we use more a square seal with the same content as the old one? Thank you and best regard!
Thank you for your letter to FDVN Law Firm
Based on your consulting requirements, after studying the legal documents FDVN Law Firm offers the following advice:
. Management and use of seals
According to Article 15 of Decree 96/2015 / ND-CP provision about the management and use of enterprise seals as follows:
“1. Enterprises established before July 01, 2015 may keep using their seals without notifying the seal models to business registration authorities. Any enterprise that makes additional seals or changes the ink color of the seal shall follow the procedures for notifying the seal model according to regulations on enterprise registration.
2. In case an enterprise established before July 01, 2015 makes a new seal, the old seal and the certificate of seal registration must be returned to the police authority that issued the certificate. The police authority shall issue a note of receipt when receiving the enterprise’s seal.
3. In case an enterprise established before July 01, 2015 loses its seal or certificate of seal registration, it may make a new seal in accordance with this Decree and must concurrently notify the loss of the seal or certificate to the police authority that issued the certificate.
4. Every enterprise has the responsibility to notify the seal model to the local business registration authority in order to be published on National Business Registration Portal in the following cases:
a) Making the first seal after enterprise registration;
b) Changing the quantity, content, design, or ink color of the seal;
c) Annulment of a seal.
5. Procedures and documents for seal model notification shall comply with regulations on enterprise registration.”
According to the above provisions, your business was established before July 1, 2015, continue using the seal that was issued to the enterprise without having to notify the seal sample to the business registration authority.
. Number of seals of the business
Under Clause 1, Clause 2 Article 44 of the Law on Enterprises 2014:
“1. Every enterprise is entitled to decide the form, quantity, and contents of its seal. A seal must specify:
a) The enterprise’s name;
b) The enterprise’s ID number.
2. Before using the seal, the enterprise must send the seal design to the business registration authority in order to post it on the National Business Registration Portal.”
According to the above regulation, the enterprise can decide on the number of seals and must notify the seal design to the business registration agency for public posting on the National Business Registration Portal.
FDVN Law Firm's legal opinions regarding the request of the client base on studying legal regulations. Hopefully, FDVN's advice will be helpful to you.
Legal expert: Ngo My Tram
FDVN Law Firm
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