Slide LDN (hệ E) C1 - Luật Doanh Nghiệp UEL

CHAPTER 1: OVERVIEW ABOUT THE ENTERPRISES IN LIGHT OF LAW ON ENTERPRISES OUTLINE I. DEFINITIONS, CHARACTERISTIC AND TYPES OF ENTERPRISES II. ENTERPRISES ESTABLISHMENT AND ENTERPRISE REGISTRATION APPLICATION III. RIGHTS AND DUTIES OF AN ENTERPRISES I. DEFINITIONS AND CHARACTERISTIC • Definition <Art. 4.10 Law on Enterprises (hereinafter refer to as LoE)> • “Enterprise” means an organisation that has a proper name, assets, and premises, and is established or registered in accordance with law for business purposes. 2. Characteristics - An enterprise is an organization that is established by an individual or several persons according to LoE. - Must be established or registered in accordance with law for business purposes. - Identifying characteristics: Proper name, assets and premises. - Purpose: business, profit. - A household business is established for business but is not an enterprise. Only one head quarter A branch of an enterprise (Art. 44.1) and A presentative office (Art. 44.2) Common point: Both are dependent units and acts as the authorized representative. Differences: A branch of an enterprise has some or all functions of the enterprise. The business lines of a branch shall match those of the enterprise/ A representative office shall not do business. What are the differences between a headquarters and a branch of an enterprise? 3. Types of enterprises Sole proprietorships Partnership Based form on legal Single-member limited liability company Multiple-member limited liability company Joint stock company