Category Archives: Law on public company governance

Delegation of authority to attend the shareholders’ general meeting

Bầu dồn phiếu trong công ty đại chúng

In accordance with Section 1, Article 144 of the 2020 Enterprise Law, a shareholder, as defined, encompasses an entity with the capacity to delegate, via written authorization, another individual to participate in the general shareholders’ meeting. Concurrently, the delegatee retains the prerogative to further delegate representation to another individual on behalf of the organizational shareholder….

Does the company’s charter stipulating that “Members of the Board of Directors naturally lose their status as Board members upon resignation” correct?

Mua cổ phiếu công khai

At present, some public companies have provisions in their charters as follows: “Members of the Board of Directors naturally lose their status as Board members upon resignation.” The question arises as to whether this provision in the charter is in accordance with the law or not. Our answer is NO. Incorporating such content into the…

IS IT MADATORY TO CONDUCT CUMULATIVE VOTING FOR THE ELECTION OF MEMBERS OF THE BOARD OF DIRECTORS AND THE SUPERVISORY BOARD IN PUBLIC COMPANIES

For regular public companies: Cumulative voting is not regulated in securities law, so we will apply the corporate law in the order of law application (Securities Law – specialized laws – corporate law). According to clause 3, Article 148 of the Enterprise Law, except for cases where the company’s charter provides otherwise, the voting for…