Luat Viet

:: Question :: I have 8000 shares of Company A with the market price of approximately 100,000,000 VND (One hundred million Vietnamese Dong). Due to my negligence, I lost my shareholder’s book. Can I have the right to request for re-issurance of the shareholder’s book or not and what are the procedures to re-issue it?

The shareholder’s book or the Certificate of shareholder’s book is one of the forms of the share certificate issued by a joint stock company to certify the ownership for one or a number of shares of such shareholders contributed capital to the company. In case shareholder’s book/share certificate is lost, in accordance with Item 3 Article 85 of the Law on Enterprises 2005, the shareholder shall be re-issued it based on the request of such shareholder. This re-issuance shall be also applied to the cases that the shareholder’s book/ share certificate is torn, burnt or otherwise destroyed.
The Law on Enterprises 2005 provides the re-issuance of share certificate as follows:
1. The shareholder must have an application to request for re-issuance of share certificate and to undertake about the following contents: (a) the share certificate has actually been lost, torn, burnt or otherwise destroyed; in the case of loss, in addition, it must be undertaken that all efforts have been exercised to look for the share certificate and if found, such share certificate shall be returned to the company for destruction; (b) shall be responsible for any disputes arising from the re-issuance of a new share certificate.
2. Specially, with regard to the share certificate which has a par value of over 10 million Vietnamese Dong, prior to acceptance of a request for issue of a new share certificate, the legal representative of the company may request the owner of the share certificate to post a notice of the fact that the share certificate has been lost, torn, burnt or otherwise destroyed and make a request to the company to issue a new share certificate within fifteen (15) days from the date of posting the notice.
However, the Law on Enterprises 2005 does not specify the term for the Company to re-issue shareholder’s book/the share certificate to such shareholder from the requesting date of for re-issuance. This means that the Company has full rights to decide the term.
 

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