National Assembly Delegate Proposes Solution to Limit 'Ghost Companies, Directors Are Motorbike Taxi Drivers and Beef Noodle Sellers'

National Assembly delegates proposed mandatory notarization of business charters and business establishment documents... to limit the establishment of a series of "ghost companies" and forged signatures.

Delegate Huynh Thi Hang Nga - Photo: National Assembly Media

On the morning of June 25, the National Assembly discussed the revised Notarization Law.

Proposal to require notarization of business establishment documents

Giving his opinion on the discussion, delegate La Thanh Tan ( Hai Phong ) suggested that the drafting committee study and add cases requiring notarization in business activities.

He said that businesses play an increasingly important role in the economy and society, however, civil transactions, agreements to form businesses or mergers and acquisitions are not required to be notarized.

He cited recent reality showing that many cases of establishing, buying, selling, and merging businesses for the purpose of fraud and property appropriation have occurred.

"The Van Thinh Phat case with a series of acts of falsifying corporate records, creating fake loan documents, and hiring people to stand in for shares is one of the typical examples of forging signatures in corporate charters, minutes of the board of directors, board of members, and internal corporate documents.

This has been happening, leading to related cases, leaving huge consequences in recent times," Mr. Tan stated.

According to Mr. Tan, current regulations do not require notarization of business establishment documents.

However, taking advantage of the open procedures for business establishment, there are many cases of business establishment, mergers, and sales for the purpose of fraud, property appropriation, and invoice trading...

Therefore, Mr. Tan said that there should be a mechanism to ensure the authenticity and legality of business establishment records.

He proposed to add regulations on cases of business establishment, business charter, minutes of meetings of the board of directors, shareholders' meetings, and members' councils in businesses that must be notarized in the draft law.

According to Mr. Tan, this regulation will bring many benefits, including overcoming the situation of fake signatures, reducing negativity...

Agreeing with the above opinion, National Assembly delegate Huynh Thi Hang Nga (Tra Vinh) stated that it is necessary to require notarization of business charters, business establishment documents, capital contribution agreements in business establishment...

This is to ensure the legality of important economic transactions, contributing to ensuring security, order and economic security.

At the same time, avoid forging signatures in business establishment records and documents. Thereby, limiting false declaration of charter capital, legalizing money laundering, buying and selling invoices through fake business establishment, and abusing the power of representatives.

Along with that, it limits the establishment of a series of "ghost companies" to do illegal business. When these "ghost companies" are discovered by the authorities, many companies organize smuggling, buy and sell value-added invoices, directors are motorbike taxi drivers, sell beef noodle soup, hundreds of ownerless containers at ports...

Proposal for notary offices to exploit fingerprint and iris data

Delegate Nguyen Van Manh (Vinh Phuc) proposed to consider the provisions in the bill in the direction of notarization being connected to the population database in biometric cases that do not affect security issues such as facial recognition, fingerprints, and later iris recognition.

From there, it can serve to identify the subjects participating in notarized transactions. According to the delegate, when using this data, one must pay for the exploitation according to the regulations set by the Ministry of Finance, the Ministry of Justice, and the Ministry of Public Security.

He believes that such regulations are convenient, accurate, and safe for notarization activities, and at the same time do not waste social assets when organizations and individuals have to equip themselves.

Also discussing this issue, delegate Nguyen Hoang Bao Tran (Binh Duong) also proposed adding the connection, sharing of databases and the right to exploit databases to the draft law in the direction of allowing notary organizations to connect, share and exploit databases and biometric information such as facial photos, fingerprints, and irises.

This helps support accurate personal authentication, combats impersonation in notarization activities but does not affect national security issues.

Tuoitre.vn

Source: https://tuoitre.vn/dai-bieu-quoc-hoi-de-xuat-giai-phap-han-che-cong-ty-ma-giam-doc-la-xe-om-ban-bun-bo-20240625114938855.htm