What is the procedure of adjusting the abbreviation of a company?
FDVN’s opinions:
Thank you for concerning and trusting in FDVN’s legal services. We have studied the law provisions to provide you with our advice. Please kindly see the answer below:
[1]. Things of concern when adjusting the company’s abbreviation
a. Avoiding used names and confusing names
According to Clause 3, Article 17 of Decree No. 78/2015/NĐ-CP on enterprise registration,“The enterprise’s name in a foreign language must not coincide with another enterprise's foreign name that has been registered. The enterprise’s abbreviated name must not coincide with another enterprise's abbreviated name that has been registered. Regulations on avoidance of name coincidence are applied nationwide, except for the names of enterprises that have been dissolved or declared bankrupt by the court.”
Accordingly, the enterprise’s abbreviated name must not coincide with another enterprise's abbreviated name that has been registered, except for the names of enterprises that have been dissolved or declared bankrupt by the court. Thus, before registering the abbreviation, you should visit the National Portal of enterprise registration to check if the abbreviated name may be accepted or not.
b. A company’s abbreviation must contain the form of the company:
According to Clause 1, Article 18 of Decree No. 78/2015/NĐ-CP on a company’s name:
“1. An enterprise’s name consists of two elements:
a) The enterprise’s type of business entity;
b) The enterprise’s proper name.”
Thus, the company’s abbreviation must consist of its proper name and type of business entity. For example: ABC Co. LTD (ABC Company Limited), ACB JSC (ABC Joint-stock Company)…
[2]. Application for adjusting company’s abbreviation
The company shall prepare the documents as below:
- Notification on adjusting the company’s abbreviation;
- The legitimate copy of the minutes of the meeting of the Board of members (if the enterprise is a multi-member limited liability company), the General Meeting of Shareholders (if the enterprise is a joint-stock company), general partners (if the enterprise is a partnership), or decision of the company’s owner (if the enterprise is a single-member limited liability company).
- Decision on adjusting the company’s abbreviation of the Board of members, the General Meeting of Shareholders, the general partners the company’s owner;
- Introduction letter or power of attorney (if any).
Currently, the adjustment of the company’s abbreviation can be conducted online at the National Portal of enterprise registration. You can visit that website to apply for the adjustment of your company’s abbreviation and receive the result if the application is valid.
That is the advice of FDVN to your request, based on the study of legal regulations. Hopefully FDVN's advice will be useful to you.
Legal expert: Ngo Thi My Tram
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