Phan Tiến Dũng

Nguyễn Đình Diện

Ngụy Thái Hào

Nguyễn Thành Công

Phó Minh Tuấn

1. Does Hai receive the profit in the proportion to his contributed capital (500 million) or his committed capital amount (1.5 billion)?

→ Art 47.3.b (LLC)

→ Hai receives profit based on his contributed capital (500 million VND).

2.  Is it legal to contribute capital by a debt certificate? (Yes. LoE Art 34.1) Thanh My company paid off only 600 million because it went bankrupt. Does Thanh have to contribute the rest? How will the profit be distributed? 

→ The profits would be distributed according to the 600 million that Thanh actually contributed, not the committed 1.2 billion.

→ They will receive the profit in proportion to the capital contributed

3. Is it legal if the house was overvalued compared with its actual value at the time of capital contribution?

→ Art 36.2/3 LoE

→ Overvaluing a capital contribution is not legal. Assets contributed as capital must be correctly valued based on market prices or by valuation organizations.

Trần Nguyễn Anh Thư

Lê Thu Hằng

1. Hải only receives profit in the proportion of contributed capital which is 500 mil VND.

   According to Art 47.3.b The member failing to pay in full its capital contribution portion as undertaken has the rights corresponding to the capital contribution portion already paid;

2. Thanh doesn't have to pay the rest of the debt because the debt certificate is transfered to the ownership of Pacific.Co Ltd, therefore Thanh is not liable for the rest --> Thanh's profit will be distributed in proportion to agreed contributed capital which is valued at 1,2 bil VND

   --> According to Art 47.2 A member of the company is only permitted to contribute capital to the company by another type of assets different from the assets undertaken if more than fifty (50) per cent of other members so agree.

3. It is legal to overvalue the house compared to its current price because the members all agreed on the value

   --> According to Art 36.2 Assets contributed to an enterprise upon its establishment shall be valued by members or founding shareholders on the principle of consensus or shall be valued by a price evaluation organization. In the case of valuation by a price evaluation organization, the value of the assets contributed as capital must be approved by more than fifty (50) per cent of members or founding shareholders. If the assets contributed as capital are valued at more than their actual value at the time of capital contribution, the members or founding shareholders must jointly make additional contribution in an amount equal to the difference between the valuation and the actual value of the assets contributed as capital at the time of completion of the valuation, and concurrently, are jointly liable for any loss and damage caused by the contributed assets being valued intentionally at more than their actual value.

   
   

Nguyễn Như Ý

Lê Phương Anh

Vũ Phạm Hà Linh

Hoàng Trung Thiện

Trần An Huy

Đỗ Lê Ánh Ngọc - 2114533013

Hoàng Nữ Thảo Duyên - 2114533004

Trần Nguyễn Diệu Tiên - 2114533019

Phạm Thị Thanh Ngọc - 2114533015

Nguyễn Thị Khánh Huyền - 2114533010

Võ Đan Vương 2112533055

Trần Minh Anh 2113533003

1. According to article 47.3b, The member failing to pay in full its capital contribution portion as undertaken has the rights corresponding to the capital contribution portion already paid; which means Hai only has the right to receive earnings corresponding to his 500 million already contributed. In this case, he will receive $100 million of profit (12.5%).

2. According to article 34 / Law on enterprise, just mentions the “convertible” characteristic of the asset but not the type of asset so the debt certificate is still valid because it can be converted into VND (specifically 1.2 billion VND).

According to article 35.1, the ownership of the debt certificate has been transferred to the company so the company but not Thanh has to pay the amount equal to the rest of 1.2bil

According to article 47.3b, The member failing to pay in full its capital contribution portion as undertaken has the rights corresponding to the capital contribution portion already paid; which means Thanh only has the right to receive earnings corresponding to his 600 million already contributed.

3. According to article 36.2, it is legal only if the members or founding shareholders must jointly make additional contributions in an amount equal to the difference between the valuation and the actual value of the assets contributed as capital at the time of completion of the valuation, and concurrently, are jointly liable for any loss and damage caused by the contributed assets being valued intentionally at more than their actual value.

2114533014 - Dương Hồ Bảo Ngọc

2114533017 - Nguyễn Thị Hương Quỳnh

2114533009 - Phạm Cẩm Huyền

2114533020 - Bùi Thị Tuyết

2114533021 - Nguyễn Thanh Xuân

2113533021 - Lâm Thiên Vũ

2114533012- Trịnh Minh Nghĩa

2112533046- Đỗ Xuân Thắng

2112533052- Đinh Thế Uy

2114533007- Nguyễn Phong Hoàng

2114533016- Đặng Nguyễn Hoàng Phương

Hoàng Châu Hà Uyên 2112533054

Đoàn Phạm Hùng 2112533024

Nguyễn Hoàng Song Trà 2112533048

Phạm Thanh Liêm 2112533033

Lâm Hiếu Quyên 2112533043