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Lawyers ask me: Those who do not have the right to contribute capital and purchase shares?



According to Paragraph 4 of Article 13 of the Law on Enterprises 2005; Article 14 of Decree No.102 / 2010 / ND-CP dated 01/10/2010 guiding the implementation of some articles of the Law on Enterprises, organizations and individuals not following the purchase of shares of company shares, capital contributions into a limited liability company, partnership:

1. State agencies, units of the people’s armed forces using State assets and public funds to establish enterprises, contribute capital and purchase shares of the business to make profits for agencies his taste.

2. The property of the State and the provisions of this fund include:

a) Assets purchased with state budget capital and capital originating state budget;

b) Funds allocated from the state budget;

c) Land allocated for use to perform the functions and duties as prescribed by law;

d) The assets and other income generated from the use of assets and funds mentioned above.

e) The budget is financed by the government, organizations and individuals.

3. profits for the agencies and their units is the use of any form of income derived from operating activities, from capital contribution and share purchase at least one of the following purposes:

a) Divide in all its forms for some or all officers and employees of agencies and units;

b) add to the operating budget of the agency, unit contrary to the provisions of the law on the state budget;

c) Make additional funds or funds for private interests of agencies and units.

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