THE SOLUTION WHEN A SINGLE-MEMBER LIMITED LIABILITY COMPANY DOES NOT HAVE A CHIEF ACCOUNTANT

THE SOLUTION WHEN A SINGLE-MEMBER LIMITED LIABILITY COMPANY DOES NOT HAVE A CHIEF ACCOUNTANT

2022-06-10 15:27:52 691

Question: I just established a single-member limited liability company own by myself. When opening an account, the bank required me to appoint a chief accountant to complete the application as prescribed. However, at the moment I have yet had any employee to take this position. Please advise me the appropriate solution.

Answer:

Thank you for your inquiry. For this question, we would like to advise as follows:

According to Article 20.2 of Decree 174/2016/ND-CP guiding the Law on Accounting, accounting units (including enterprises) must arrange a chief accountant, except for the case of micro enterprises and accounting units in the state sector. If your company is a micro enterprise (for the determination of a micro enterprise, you can access our article by following the link: https://ata-legal.com/various-governmental-favourable-policies-for-small-and-medium-enterprises), you could only appoint an acting accountant.

Since your business type is a one-member limited liability company owned by an individual, if you have not been able to arrange another person, you can appoint yourself as an acting accountant/chief accountant under Article 19.3 of Decree 174/2016/ND-CP, or hire outsource accountant services according to Article 22 of this Decree. However, it is noted that the appointment/outsource service hiring must adhere to the standards and conditions of an acting accounting/chief accountant as prescribed.

The above is the consulting contents of ATA Legal Services. If you have any inquiries, please contact us by phone number, email or directly at the our office.

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