LawRegulatory Compliance

Registration of amendments to the charter - mandatory procedure

To understand what is meant by registration of changes to the charter, it is necessary to understand what constitutive documents are, what is included in their kit.

So, the current legislation refers to the constituent documents the owner's decision on the establishment of a business entity, the charter, as well as the memorandum of association . At the same time, the charter is an internal normative document, which is mandatory for implementation by all founders, as well as by the enterprise itself, functioning in the form of a legal entity. The main purpose of the charter is the individualization of the business entity created in the form of a legal unit of a participant in the civil turnover.

So, registration of changes to the charter should be made in case of clarification:

- the name of the organization, which entails a change in the type of activity;

- location;

- the order of organization of activities;

- the subject and purpose of the activity;

- information on representations and branches;

- sources of formation of the organization's property, etc.

Often there are situations in which all the basic documents of the enterprise should be brought into line with the rapidly developing civil relations. Therefore, registration of changes to the constituent documents is carried out in a timely manner and in that order.

First of all, the supreme governing body of the organization convenes a general meeting of founders to resolve the issue of making some changes. All present founders or participants are given the opportunity to analyze these clarifications, and they are given explanations of the reasons that caused such a need for convocation. All changes are accepted by the vote of the founders.

The next stage is the state registration of changes in the constituent documents in the established terms. This means sending a relevant application to the registration authority, which checks the changes made to comply with certain provisions of the Constitution of the Russian Federation and other applicable legislation.

Based on the results of the analysis, changes to the charter are registered or a refusal is motivated. The state registration authority shall send its decision to the tax service two weeks after receiving the amended constituent documents.

Based on the adopted positive decision, the tax authority makes a record in the Unified State Register, meaning that the registration of changes to the charter is carried out and its new version is taken into account. Thus, only from that moment the amended constituent documents have legal force.

If the changes relate to information about the change in the location of a legal entity, the registration authority shall make the necessary entry in the state register and forward the registration file to a similar body, but at the new location of the business entity.

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