Category Archives: Law on public company governance

FORMS OF OFFERING SECURITIES TO THE PUBLIC

Concept Under securities law, a public offering is an offering of securities to a large number of investors excluding professional investors or using advertising methods or public solicitation when offering. Forms of offering securities to the public Initial offering: newly established companies, equitized companies Initial public offering of shares to raise additional capital for the…

CHALLENGES AND OPPORTUNITIES IN PUBLIC CORPORATE GOVERNANCE TODAY

What is public company governance? Corporate Governance is the process and system of rules, principles and methods of managing a large company or corporation to ensure its effective, transparent and fair operations. The goal of public corporate governance is to create value for shareholders and other stakeholders, including employees, customers, communities, and society. Key elements of…

THE CONCEPT OF IPO

In developed countries, most businesses before going into operation or after a period of time conduct IPOs. However, in Vietnam, this job is still not really popular and has only been known in the past few years. Therefore, when sensing the strength of IPO, Vietnamese companies have conducted this process quite quickly and strongly. Along with the strong…

RELATED ISSUES ON INTERNAL REGULATIONS ON GOVERNANCE OF PUBLIC COMPANIES

RELATED ISSUES ON INTERNAL REGULATIONS ON GOVERNANCE OF PUBLIC COMPANIES What benefits will effective internal governance of public companies bring to businesses? – Help create a clear legal framework and rules for the company to operate. Includes regulations on organizational structure, powers and responsibilities of departments, work procedures, financial management, personnel management, and other regulations. This helps ensure that everyone in…

CHARTER OF A PUBLIC COMPANY

What is the company’s charter? The company’s charter is an agreement between the company owners / between the founders and between the founders and capital contributors in order to commit and bind members in general regulations, agree on how to create, contribute capital, organizational structure, management, operations… It can be said that the company’s charter is…

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…