Certificate of incorporation

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A certificate of incorporation is a legal document/license relating to the formation of a company or corporation. It is a license to form a corporation issued by the state government or, in some jurisdictions, by a non-governmental entity/corporation. [1] Its precise meaning depends upon the legal system in which it is used.

Contents

Commonwealth systems

In the U.S. a certificate of incorporation is usually used as an alternative description of a corporation's articles of incorporation . The certificate of incorporation, or articles of incorporation, form a major constituent part of the constitutional documents of the corporation. In English and Commonwealth legal systems, a certificate of incorporation is usually a simple certificate issued by the relevant government registry as confirmation of the due incorporation and valid existence of the company.

In other common law legal systems, the certificate of incorporation has less legal significance. However, it has been held by the House of Lords in Cotman v Brougham (1918), AC 514, that because the issue of the certificate of incorporation is conclusive evidence of the formation of a company, the issuance of the certificate overrides any irregularities which may have occurred during the formation of the company. [2]

Vietnam

In Vietnam, the Certificate of incorporation plays a crucial role. [3] [4] It not only serves as a confirmation of the legal existence of a business but also constitutes an indispensable part of the company's legal documentation. [5] This certificate records fundamental information about the enterprise, including its name, registration number, address, business lines, charter capital, and other essential details. [6] [7] [8]

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References

  1. ↑ O'Sullivan, Arthur; Sheffrin, Steven M. (2003). Economics: Principles in Action. Upper Saddle River, NJ 07458: Pearson Prentice Hall. p. 197. ISBN   0-13-063085-3.{{cite book}}: CS1 maint: location (link)
  2. ↑ Hamish R. Gray (Sep 1960). "Cotman v. Brougham and the Ultra Vires Rule". The Modern Law Review. 23 (5): 561–563. JSTOR   1092095.
  3. ↑ tcct (2021-10-25). "Đăng ký doanh nghiệp theo pháp luật Việt Nam: Thực tiễn tại Thành phố". Tạp chí Công Thương (in Vietnamese). Retrieved 2024-09-24.
  4. ↑ "Đăng ký doanh nghiệp theo quy định của Luật Doanh nghiệp năm 2020". tapchinganhang.gov.vn (in Vietnamese). Retrieved 2024-09-24.
  5. ↑ "07 quy định về Giấy chứng nhận đăng ký doanh nghiệp". thuvienphapluat.vn. Retrieved 2024-09-24.
  6. ↑ "GCN đầu tư và giấy đăng ký kinh doanh khác nhau thế nào?". baochinhphu.vn (in Vietnamese). 2016-07-17. Retrieved 2024-09-24.
  7. ↑ "Company establishment services" (in Vietnamese). Retrieved 2024-09-24.
  8. ↑ "05 điều cần biết về Giấy chứng nhận đăng ký doanh nghiệp". THƯ VIỆN PHÁP LUẬT. Retrieved 2024-09-24.
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