The issue of a single-member limited liability company director also holding the position of corporate accountant.
First, let's redefine the designated positions. Company manager in the 2014 Enterprise Law:
Business managers are those who manage companies and private enterprises, including: private enterprise owners, partners, chairpersons of the Board of Members, members of the Board of Members, company chairpersons, chairpersons of the Board of Directors, members of the Board of Directors, directors or general managers, and individuals holding other managerial positions with the authority to sign company transactions on behalf of the company as stipulated in the company's charter.
Therefore, according to this regulation, the Director in a Limited Liability Company with a single owner can be defined as the Company Manager.
In what circumstances is a business manager not allowed to also hold the position of company accountant?
Based on Clause 3, Article 19 of Decree 174/2016/ND-CP, the following cases stipulate the circumstances under which a business manager is not allowed to act as the company's accountant:
Article 19. Persons not permitted to work as accountants
3. Individuals currently working as managers, directors, warehouse keepers, cashiers, or those regularly assigned the task of buying and selling assets within the same accounting unit, except in the case of private enterprises, limited liability companies owned by a single individual, and other types of enterprises without state capital and classified as micro-enterprises according to the law on supporting small and medium-sized enterprises.”
According to the regulations, business managers within the same accounting unit are not allowed to work as accountants for that unit, except in the following cases:
(1) Within the same private enterprise;
(2) In the same limited liability company owned by an individual;
(3) Within the same enterprise of other types without state capital, micro-enterprises include:
– Micro-enterprises in the fields of agriculture, forestry, fisheries, and industry and construction have an average annual number of employees participating in social insurance of no more than 10 people and total annual revenue of no more than 3 billion VND or total capital of no more than 3 billion VND.
– Micro-enterprises in the trade and service sectors are those with an average annual number of employees participating in social insurance not exceeding 10 people and total annual revenue not exceeding 10 billion VND or total capital not exceeding 3 billion VND.
Therefore, the Director of a Limited Liability Company can also hold the position of Corporate Accountant without violating the law.
