REGISTRATION OF NEW FIRM, THE ENTERPRISE
 According to point 2 article 51 of first part of the Civil code of the Russian Federation, the legal entity is considered created from the moment of its state registration. Since the same moment, according to item 3 of item 41 of first part of the Civil code of the Russian Federation , there is a legal capacity of the legal person, i.e. possibility to have the civil rights corresponding to the purposes of activity of the given legal person, provided in its constituent instruments (to conclude transactions to lead financial and economic activity etc.) and to perform the duties connected with this activity.
However registration of the legal entity (firm, the enterprise, the organisation) is the difficult enough process demanding expenses of time, forces and presence of knowledge in this area.
To start firm creation it is necessary from a choice of the organisation-legal form of the enterprise, allowing to achieve the object, facing to the legal entity. According to the Civil code of the Russian Federation the organisations pursuing extraction of profit as a main objective of the activity - the commercial organisations (Open Company, Open Society, Joint-Stock Company, the individual businessman, production co-operative, branch) can become legal entities. The organisations which do not have extraction of profit as a main objective and not meting got profit between participants, are noncommercial and public organisations (associations and the unions, associations, noncommercial partnership, funds, public organisations, educational institutions and so forth). The key moment at this stage of creation of firm is definition of the future scheme of financial and economic activity of the organisation and taxation system.
For the correct arranging of the future activity of firm it is very important competently to approach to the maintenance of constituent instruments, to the firm Charter. It is necessary to define the size and structure of the contribution of founders, a management and exit order, an order of alienation of shares, possibility of their transfer by right of succession etc.
Certainly,it is very important competently to choose the name and the stamp of the new enterprise. All it, apparently, does not play any essential role the first stage of creation of firm, however, in the course of work, development and expansion of business can influence both the registered legal entity, and on relations between its founders and participants. After founders were defined with all above-stated conditions, in the course of enterprise registration it will be necessary for them to fill the statement (strictly certain form) and notarially to certificate it that, as a rule, it is possible not from the first attempt since meticulous notaries always find errors, discrepancies, typing errors in the documents.
The following stage in registration of firm it is giving of documents in tax inspection: at successful coincidence of circumstances documents can be submitted for 1 day. This time will be enough to you to learn that means «to occupy turn», «to hold turn», «to drop the turn»... If circumstances develop less successfully giving of documents for enterprise registration will occupy some days. After giving of documents in tax inspection and after approximately 5 working days, you should visit regularly tax inspection, learning, there has passed registration of new firm or not.Documents for registration of a new firm can send in tax and mail, however, in this case, the registration process will begin only after 2 weeks.
At last, your firm was registered!!! However even after that it is impossible to consider procedure of registration of the new enterprise finished as it is necessary to open the settlement account still. Settlement account opening becomes seriously complicated that each bank has own requirements to documents. If documents for enterprise registration have been prepared for the first time and independently, it is almost impossible to avoid errors, typing errors, for example, in the address, its name (short and full), nameplate data of founders etc. Any this sort of discrepancies will be found out by lawyers of bank that will lead to a stop of process of opening of the settlement account and the bank will direct the unlucky client on repeated registration of changes in constituent instruments.
Thus, process of registration of legal entities and individual businessmen can be divided into two main phases:
- Preparation of a package of necessary documents
- Passage of all instances in the correct order
If you have decided to open the firm and independently to pass the state registration of the legal person you should remember that each stage of creation of firm demands the careful approach. The negligence admitted at registration of the enterprise, can lead to serious problems and additional expenses at the further development of your business.
So, you will face following difficulties at registration of the legal person (firm, the enterprise, the organisation):
- Incorrectly issued constituent instruments (the title page, the description of kinds of the activity, the forbidden activity for this kind of the enterprise etc.);
- The admission of obligatory terms of registration and giving of notices in state structures (tax administration, the notice on account opening, registration in Social Funds);
- A wrong choice of the organisational-legal form of the enterprise and the taxation form;
- Giving of documents in inappropriate structure;
- And, except that, additional difficulties arise in connection with constant changes in the legislation, concerning procedures of registration of the commercial organisations (change of requisites of payment of the state fee, change of the structures, authorised to register the commercial organisations etc.).
From all aforesaid it is possible to draw a conclusion: process of registration of the enterprise, seeming simple at first sight, actually is the action demanding many attention and responsibility. Hence, it is impossible to save on company creation of company , and it will more reasonably to address to experts in the field to avoid expensive errors.
For all comers to open firm and to lead active enterprise activity in St.-Petersburg, legal firm "Logos" renders the services. Legal firm "Logos" consolidates highly skilled experts and gives a wide spectrum of legal services in various legal questions already more than 12 years. Therefore the client, having addressed to us, can receive not only service in enterprise registration, but also all complex of qualitative legal services. A main objective of our company is protection of interests of each client, the account of all its requirements and creation of stable partner relations. |
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