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New Co. Limited Liability Company (Ltd) has 3 members, Mr. A, Mr. B, and Ms. C. After 2 years of operation, Mr. A wanted

Posted: Mon May 02, 2022 9:19 am
by answerhappygod
New Co. Limited Liability Company (Ltd) has 3 members, Mr. A,
Mr. B, and Ms. C. After 2 years of operation, Mr. A wanted to
withdraw his contributed capital from the company to settle abroad,
and immediately to sell all the capital contribution to Mr. D, an
outsider of the company. The transaction was completed, but two
problems arose.
1. Ms. C wants to file a lawsuit against Mr. A to ask the New
Co. Ltd company not to recognize Mr. D's membership status. She
alleges that Mr. A had previously promised to
transfer the whole of his contributed capital to Ms. C. Both Mr. A
and Ms. C also made a written statement signed by Mr. A and Ms. C,
that certified that Mr. A received a deposit from Ms. C for this
business.
2. New Co. Ltd company also does not want to recognize the
membership for Mr. D because he is the director of Binh Minh Joint
Stock Company, a competitor of New Co. Ltd Company.
As New Co.’s lawyer, could you please provide legal advice on
how to deal with the above situations?