Luat Viet

Advocates & Solicitors

“I don't need lawyers who win at all costs, I really need them to win, but calculate the costs.”

SUBCRIBE NEWSLETTER

Search

question and answer

Question :: I am a member of the Supervisory Commission (the Commission) of a public company which is unlisted and termed from 2007 to 2010. Until now, my term is still valid. In 2009, I was [not] invited to attend any meeting of the company’s Commission. Recently, I also did not attend the Commission’s meeting to produce the Commission’s Report for submission to the General Shareholder’s Meeting (the Meeting) year 2010 on April 9. I was informed that this Commission’s Report was built by the Commissions’ Director (the another member of the Commission also did not attend). I would like to ask you whether the operation of the Commission like that is legal or not? Is the Report mentioned above legal? What should I do to comply with the rights, duties and obligations of a Commission’s member?
Question :: I am a president of the Management Board (“the Board”) of a public company. As per regulations, the term of the Board, Supervisory Commission (“the Commission”) is five (5) years. Therefore, the first term of the Board, Commission is due on November 2010. However, in order to facilitate the voting of the Board, the Commission in the second term, the Board would like to submit the General Shareholder’s Meeting (“the Meeting”) with the latest on April 19, 2010 for renewal of the first term of the Board, the Commission until April 2011. So, the question is that is the renewal true or not? If the shareholders are not taken opinions directly at the Meeting, can the Board collect opinions indirectly from shareholders in writing? If the Meeting does not pass the renewal, how can the voting of the Board, the Commission be taken in compliance with laws?
Question :: Our company registers shares at the Securities Depository Central (SDC), but cannot deposit, of which my 10.000 shares. So, can I transfer directly 2.000 shares to my brother and compliment 2.000 shares to my wife?

Hit counter

Users online

Page loadtime

Our Firm News

LuatViet Media Release

MR TRAN PHUONG BAC JOIN LUATVIET.
LuatViet continues to grow rapidly thanks to the increasing demands of clients and also to the professional and international approach to serving its clients. It is the committment of the firm to provide professional services to international and local clients and to keep the quality of our legal service at the international standard. LuatViet welcomes Mr. Tran Phuong Bac, a legal profesional with diverse international backgrounds to join us as our new Partner from July 2009.

Mr Tran Phuong Bac

Before joining LuatViet, Bac worked for three years at Prudential Vietnam Fund Management Company as the Head of Legal Department & Company Secretary. At Prudential Vietnam Fund Managment, an investment arm of the UK based life insurance corporation, Bac together with other colleagues helped manage a total fund under managment (FUM) of more than US$ 1.3 billion from both onshore and offshore retail and institutional investors. Prior to Prudential, Bac served for 6 years with Unilever Vietnam as Legal Counsel. Bac also practiced with LuatViet for 2 years as an Of Counsel back in 2000.

Bac was also a lecturer at the Commercial Law Department of the University of Laws in Ho Chi Minh City and Faculty of Laws at Can Tho University.

Bac obtained a LL.M from University of Groningen (the Netherlands) in 2000 and LL.B from University of Laws in Ho Chi Minh City in 1996. He is a member of the Ho Chi Minh City’s bar association.

“Bac’s re-joining LuatViet is great news to us. Of course, our clients will benefit from his broad knowledge and experience gained from more than ten years of practice, particularly his experience with Prudential Vietnam Fund Management Co. and Unilever Vietnam”. Mr. Tran Duy Canh, LuatViet’s Managing Partner said. “Thus I believe that Bac fully understands what corporate clients want and need and together with his business insight Bac can provide our clients with very effecient and practical solutions in any circumstances”, Canh added.

Bac’s practice areas focus on Securities, Asset Management & Capital Market, Banking & Insurance, Corporate Governance & Compliance Services. He will lead the Financial Services Practice Group.

ABOUT US
Founded in early 1999, our mission has been to combine the international and professional quality legal services with deep local knowledge and culture so that clients value us not only as their legal but also a trusted business partner while investing or conducting businesses in Vietnam. We currently have offices in Ho Chi Minh City and Hanoi.

With the rapid growth of LuatViet and the prospect of expanding its business substantially in the future, LuatViet is pleased to announce the new structure of legal practice areas with the objective to focus on clients’ needs and foster client’s relationship.

The firm’s practice will be organized around the following areas:
• Investment & Corporate Practice Group
- Domestic & Foreign Investment
- Mergers & Acquisitions
- Corporate & Commercial
- Competition / Anti-Trust
- Intellectual Properties
- Tax
- Labour

• Financial Services Practice Group
- Securities, Asset Management & Capital Market
- Banking & Insurance
- Corporate Governance & Compliance Services

• Real Estate and Construction Practice Group, and

• Litigation Practice Group