Question
On 6 th May 2020, Mr. Kakazu (a vice chairman of the board of directors and general director), on behalf of STT Joint Stock Company,
On 6th May 2020, Mr. Kakazu (a vice chairman of the board of directors and general director), on behalf of STT Joint Stock Company, signed agreement no. 2415-HTVP/2020/PVM SG-SGTTC to rent an office owned by NLQ Limited Liability Company.
On 21st May 2020, Mr. Kakazu, on behalf of Mr. Quang, chairman of the board of directors in STT Joint Stock Company, convened a meeting with all board of directors members. In this meeting, Mr. Kakazu requested the members to convene the shareholders general meeting to discuss moving the companys transaction office and adding one more business line. At this meeting, Mr Kakazy explained that this move was a temporary move during the time the companys registered transaction office at 25P, district 1, Ho Chi Minh, was in construction. As a result, point 5.1 of the meeting minutes on 21st May 2020 stated that agree to arrange to collect shareholders written opinions on moving the companys transaction office to the Ground floor of PSG building at 11bis, Nguyen Gia Thieu, Ward 6, District 3, Ho Chi Minh City. 5/5 members approved this minutes of the board of directors.
On behalf of the board of directors on 23rd June 2020, Mr. Kakazu signed questionnaires to collect shareholders comments on moving the companys transaction office to Ground floor of PSG building at 11bis, Nguyen Gia Thieu ward 6, District 3, Ho Chi Minh City.
In the vote counting record, no. 01/2020/HC-BB on 8th July 2020, part IV stated that approve moving the companys transaction office to the Ground floor of PSG building at 11bis, Nguyen Gia Thieu, Ward 6, District 3, Ho Chi Minh City. This record was signed by 5/5 members of the board of directors. Given this record, Mr. Kakazu, on behalf of the board of directors, signed Resolution no.18/2020/NQ-HC stating that approve moving the companys transaction office to the Ground floor of PSG building at 11bis, Nguyen Gia Thieu, Ward 6, District 3, Ho Chi Minh City.
On 19th August 2021, Nguyen Van Hung, a member of the board of directors, claimed Mr. Kakazu to pay compensation for STT Company 1.017.094.720 dong (including 877.050.720 dong of the rent for the office at 11bis, from June 2020 to November 2020, and 140.044.000 dong to furnish the office). Hung believed that Mr. Kakuzu did not have the right to sign the contract to rent the office at 11bis. Therefore, Mr. Kakuzu violated the law on enterprises 2020, the company charter and caused damage to the company when he signed the contract to rent the office at 11bis.
Provide your opinion on this case study in compliance with the law on enterprises 2020.
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