In the broadcast business and law on the Voice of Vietnam (VOV), Lawyer Nguyen Thanh Ha, the law firm S & B (S & B Law) will respond about the note when held the General Meeting of Shareholders in business. We are pleased to send you the contents of the interview:
Reporter: To ensure the legality, avoid encountering errors while conducting the General Meeting of Shareholders, what do enterprises need to be aware of?
Lawyer Nguyen Thanh Ha: To ensure the legality and avoid encountering errors while conducting the General Meeting of Shareholders, the enterprise should pay attention to the following issues:
The legal grounds to proceed, it is necessary to comply with the provisions of Article 97 and Article 104 of the Enterprise Law, the enterprise should research the above provisions to conduct the successful meeting. Enterprise also noted the 3 following issues:
1. Having the power to convene the meeting:
– The chairman of the Board of Management or the head of the Inspection Committee or a shareholder/a group of shareholders own more than 10% of the total number of ordinary shares for a consecutive period of at least 6 months (unless Charter’s company applies the different rate).
2. Right order and procedures
– To notify the attached program and meeting documents before 7 days to the address of the shareholder.
– To determine the number of shareholders participating the meeting must represent at least 65% of the total shares with voting rights or 75% of the special cases.
– To ensure the voting rate is 65% or 75% of the total shares with voting rights through decisions at the meeting.
3. Audiences attending the meeting:
According to the list of shareholders being monitored by corporate with provisions of the Law;
If proceeding with the order and procedures like that, enterprises will not have the risk such as not conducting the General Meeting of Shareholders, having unnecessary disputes.
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