Luat Viet

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

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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?

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Our Firm News

LuatViet welcoming new lawyer

LuatViet warmly welcomes Ms. Le Thi Canh Uyen, a lawyer having profound experience and excelling in multiple fields, particularly commerce and investment, who has recently joined our professional team.

Ms. Le Thi Canh Uyen has spent nearly 15 years working for the governmental agencies, prestigious international and Vietnam law firms. Her practice areas mainly focus on M&A, investment, finance, commerce, cosmetics and pharmaceuticals, real estate and labour.

“Ms. Uyen’s joining LuatViet is great news to us. Our clients will indeed benefit from her diversified knowledge and experience after nearly fifteen years of practice, particularly her wealth of experience accumulated in the leading law firms in Vietnam”,Mr. Le Hong Phuc, Hanoi-based LuatViet office’s Managing Partner, said, “Thus I believe that Ms. Uyen fully understands what corporate clients want and need, and together with her practice insight she can provide our clients with very efficient and practical solutions in any case”.

Ms. Uyen starts working at LuatViet as from 1 February 2012.