Converting the legal representative and the shares of inheritance

Question:

Ms. Vu Thi Hoa with his brother who is the legal representative of the company shares, but this leaves one dead wife and 1 son age 4. She wanted to know this Chinese regulations on converting the representative and legal heir of the Company's shares for the dead.

answer

On the issue, Ha Company Law answer as follows:

When the shareholders of a joint stock company dies, their shares in the property company to become heir to the heirs by will or by the law. Where the shareholder dies intestate, the heirs at law entitled.

Article 676 of the Civil Code 2005 regulations heirs at law are specified in the following order:

The first inheritance includes: spouse, father, mother, adoptive father, adoptive mother, adopted children of the deceased;
A second inheritance: his grandfather, grandmother, grandfather, grandmother, brother, sister, younger brother of the deceased; nephew of the deceased that the deceased's grandfather, grandmother, grandfather, grandmother;
Every third successor include: grandfather, grandfather of the deceased; aunt, uncle, uncle, aunt, aunt of the dead; nephew of the deceased that the deceased's uncle, uncle, uncle, aunt, uncles, aunts, great-grandson of the intestine where the dead are dead grandfather, grandfather.
The heirs are entitled to the same row share the same heritage.

The people in the row next heir inherit only if no one in the front row by the heirs died without producing an heir, the heir disqualified or reject the inheritance.

Where Ms. Hoa brother died without leaving a will, the number of shares he owns her stake in the company will be divided among heirs least. If the father or mother has died; no adoptive father, adoptive mother, adoption or legal, but they were dead, the only child of his wife and she is the heir States, every person is entitled to half of his shares in her company. Under the provisions of paragraph 1 of Article 141 of the Civil Code, his wife Mrs. Flowers is the legal representative of the 4-year-old to manage, perform the rights and obligations of shareholders instead of the minor until the .

Procedures for implementation inheritance, an agreement dividing inheritance is done at certified organization under the provisions of the law on notaries. The heir must notify the company about to inherit the shares of the deceased shareholder to become shareholders of the company.

Changing the legal representative of the company

As stipulated in Article 38 of Decree No. 43/2010 / ND-CP dated 15/4/2010 of the Government on business registration provisions of the registration of change of legal representative of the company shares as follows :

In case of changing the legal representative of the company's shares, the company shall provide notice to the business registration office where the company is registered. Contents of notice include:

The name and code number of businesses and tax identification number or certificate of business registration (case no business enterprise code and tax code);
Full name, identity card number or passport or personal identification other legal, title, residence address of the person's legal representative, and the company's alternative representative at corporate law;
Full name and signature of the Chairman of the Board of Directors of the joint stock company. If the chairman of the Board of Directors of the company fled the residence, on remand, mental illness or other diseases that are not aware, or self-employed are refusing to sign the notice of company (or dies), there must have names and signatures of the members of the Board of Directors attended and unanimously voted to change the legal representative of the company.
Attached to the notice must include: a written decision and a copy of the minutes of the meeting of the General Assembly of shareholders of joint stock company in case the change of the legal representative of the company that changed the content of the charter company, the Board of Directors of the joint stock company in case of changing the legal representative of the company does not change the content of the charter of the company; a copy of identity card, passport or personal identification of legitimate alternative legal representative at the company.

Decisions, the minutes of the General Meeting of Shareholders must specify the content is modified in the company's charter.

Upon receiving notice, the business registration office shall issue a receipt and registration of change of legal representative of the company shares.