Service Name: Notice of dissolution and dissolution settlement of innovative start-up investment fund
SERVICE CODE: 2.002005.000.00.00.H10
a) Implementation procedures:
* Step 1: Documents submission
Within 30 days from the date the General Meeting of Investors decides to dissolve the fund before the expiry of the term of operation specified in the Fund Charter, the managing Company shall be dissolved, bankrupted, or revoked its business registration certificate to which the fund representative board fails to establish a new company to manage the fund within 2 months from the date of such event; Other cases shall respect the Fund Charter. Or 03 months before the expiry of the term of operation specified in the Fund Charter, the managing company shall convene the General Meeting of Investors for approval of the fund dissolution plan.
Within 07 days after the approval of the fund dissolution plan by General Meeting of Investors, the managing company shall notify the dissolution of the fund to the Recipient Department of Authority for Planing and Investment uunder Provincial Public Administration service Center, address: No. 727 National Highway 14, Tan Binh ward, Binh Phuoc province where the company located.
Notice of fund dissolution shall be using Form No. 04 in the Appendix attached to Decree No. 38/2018/ND-CP dated 11 March 2018 of the Government stipulating the forms of documents used in the notice of establishment and operation of innovative start-up investment fund.
Public official checks the completeness and validity of the documents:
If the documents are complete and valid, receive and prepare a Receipt of documents and a note of appointment to the applicant.
If the documents are incomplete and invalid, guide for supplement and completon as regulated.
Transfere the documents to the Authority for Planning and Investment for settlement.
* Step 2: Documents appraisal
The business registration agency shall consider the validity of the notice and attached documents within 15 working days from the date of receiving the notice.
Asset liquidation and term of assets liquidation shall comply with the dissolution plan that approved by the General Meeting of Investors, but not later than 01 year from the date of the dissolution notice. During the liquidating process, management fees, supervision fees and other expenses are collected according to the fee schedule approved by the General Meeting of Investors. After the fund dissolution date, the managing company shall monthly provide investors with information about the payment on a portion of contributed capital, in-term incurred expenses, remaining net asset value and the value of assets distributed to investors of the fund. The notice sent to the investor shall be at the same time sent to the business registration office for monitoring and supervision.
Within 05 working days from the date of completion of fund dissolution, the managing company shall publish information about the fund liquidation, distribution and dissolution on the portal of the company and also informs the fund dissolution settlement to the business registration agency (via Public Administration service Center).
In case of incorrect dissolution results notice or forged documents found, the managing company, related organizations and individuals shall be jointly responsible for paying the unpaid debt and bear personal responsibility before the law for consequences arising within 03 years from the date of reporting the dissolution result to the business registration agency.
* Step 3: Returning results
Binh Phuoc province Public Administration service Center shall notify the applicant to receive results and perform related obligations (if any).
The applican presents the Receipt of documents and a note of appointment to Binh Phuoc province Public Administration service Center to be instructed to perform related obligations (if any) and receive the results.
b) Implementation method:
Dirrectly at Binh Phuoc province Public Administration service Center;
Send documents via post office to Binh Phuoc province Public Administration service Center;
Online submission via https://dangkyquamang.dkkd.gov.vn
c) Composition and quantity of documents:
*Composition of documents:
(1) For notice of fund dissolution:
Notify the dissolution of the fund to the business registration office where the company is headquartered according to Form No. 04 in the Appendix enclosed with Decree No. 38/2018/ND-CP.
Minutes of meetings and resolutions of the General Meeting of Investors on fund dissolution, together with the plan, schedule for liquidation and distribution of assets approved by the General Meeting of Investors which clearly stating the principle of determining asset value at the date of dissolution and term of fund liquidation in accordance with law provisions, Fund Charter and valuation manual; methods of distributing assets to investors and providing information to investors about asset liquidation and distribution activities
Written commitment signed by the legal representative of the managing company to be responsible for completing asset liquidation procedures to dissolve the fund.
(2) For notice of completion of fund dissolution:
Notify the dissolution of the fund to the business registration office where the company is headquartered according to Form No. 04 in the Appendix enclosed with Decree No. 38/2018/ND-CP
* Quantity: 01 set of documents
d) Term of settlement: - The business registration agency shall consider the validity of the notice and attached documents within 15 working days after receiving the notice.
đ) Subjects implementing administrative procedures: Organization
e) Authorities implementing administrative procedures:
Agency authorized for settlement: Authority for Planning and Investment.
Agency in charge of implementation: Business Registration Office under Authority for Planning and Investment.
g) Results of implementation of administrative procedures: Documents sent to the managing company about the valid dissolution of innovative start-up investment fund and company profile updated on the National Business Registration Portal.
h) Fees: None
i) Name of application form, declaration form:
Form No. 04: Approving the dissolution of the startup innovation investment fund in the Appendix enclosed with the Government's Decree No. 38/2018/ND-CP dated 11 March 2018, defining the forms of documents used in notice of the establishment and operation of innovative start-up investment fund.
k) Requirements, conditions for administrative procedures:
- As stipulated in Clause 1, Article 14 of the Government's Decree No. 38/2018/ND-CP dated 11 March 2018, detailing the dissolution of innovative start-up investment fund.
- The fund liquidation or dissolution is conducted in the following cases:
- On the expiry date of term of operation as specified at the fund charter;
- The General Meeting of Investors decides to dissolve the fund before the expiry of the term of operation specified in the fund charter;
- company has been dissolved, bankrupted, or revoked its business registration certificate to which the fund representative board fails to establish a new company to manage the fund within 02 months from the date of such event;
- Other cases as specified by the fund charter.
l) Legal basis of administrative procedures:
- Law on Supporting Small and Medium-sized Enterprises No. 04/2017/QH14 dated 12 June 2017;
- Government's Decree No. 38/2018/ND-CP dated 11 March 2018, detailing the dissolution of Small and Medium Enterprises in innovative startups
DOCUMENTS NEEDED TO BE SUBMITTED
RELATED DOCUMENTS
| # | Document | Attachments |
| 1 | Law on Supporting Small and Medium-sized Enterprises No. 04/2017/QH14 dated 12 June 2017 | |
| 2 | Government's Decree No. 38/2018/ND-CP dated 11 March 2018, detailing the dissolution of Small and Medium Enterprises in innovative startups |