FROM IDENTIFICATION TO ACTION: BNA LEGAL ACCOMPANIES BUSINESSES IN MANAGING LEGAL RISKS
Recently, at the 8th anniversary event of KKD Company, BNA Legal was honored to accompany the business community and professionals from various fields in the discussion session themed: "Stability: Waiting or Breaking Through Differently" – a forum focusing on strategic perspectives on the development of the private economy in the latter half of 2025.
Within the framework of the program, Lawyer Nguyen Thuy Dung – Founder & CEO of BNA Legal represented the company in specialized session 3 with the presentation:
"Identifying Legal Risks in Businesses – From Establishment, Operation to Dissolution".
With a practical legal mindset and accessible language, Lawyer Dung provided a comprehensive yet easy-to-understand picture of the "silent dangers" that could cost businesses dearly if not prevented in time with standard legal thinking.
Establishment Phase: "Roots" Determine Long-Term Strength
Right from the start, many businesses inadvertently fall into serious legal risks due to a lack of thorough preparation:
- Registering charter capital but not contributing capital in accordance with the registered content can lead to various legal consequences.
- Vague articles of association, lacking necessary binding clauses, can be a cause of internal disputes.
- Contributing capital without evidence (bank transfer, capital contribution minutes) makes ownership verification ambiguous.
- Members and shareholders of the company are not fully aware of the transfer of ownership of assets when contributing assets to establish the company, leading to subsequent disputes.
Operation Phase: Businesses not only need good products, but also need to operate legally
According to Lawyer Dung, many businesses, once operational, often focus too much on the market and neglect mandatory legal frameworks:
- Not understanding governance issues, especially the delegation of authority between the General Meeting of Shareholders and the Board of Directors.
- Engaging in commercial activities without clear contracts, easily leading to disputes and litigation risks.
- Risk of labor disputes when not thoroughly understanding labor law or lacking specific human resource policies.
- Violating meeting procedures, which may render resolutions issued legally invalid.
- Violating information disclosure obligations, typically:
+ Not disclosing financial reports on time;
+ Reporting late compared to securities law regulations;
+ Not fully declaring related party transactions.
Dissolution Phase: Ending also needs to be legal
Even when no longer operating, businesses must comply with legal procedures:
- In cases where capital contributions are not as committed, or charter capital is falsely declared, it will affect the dissolution process.
- Debts to tax authorities or third parties, if not definitively resolved, can cause the dissolution to be suspended or prolonged, causing damage to related parties.
Lawyer Nguyen Thuy Dung emphasized that the dissolution process is not merely "closing down a business", but also "closing correctly and completely" according to legal definitions.
Also within the framework of the event, BNA International Alliance Co., Ltd. officially signed a strategic cooperation with KKD to provide legal consulting for KKD's activities; at the same time, together with KKD, organize sharing sessions to support the business community as well as individuals in understanding legal regulations.
This is not only an important milestone, but also clear proof of BNA Legal's philosophy of action: "Legality is not a barrier, but a solid foundation that helps businesses achieve sustainable breakthroughs."