Registration of a limited liability company is the creation of a new legal entity, which is associated with the collection and registration of the necessary documents and the deposit of the authorized capital to the settlement account.
You can register an LLC either personally or with the participation of a third party. In this case, the applicant will need a power of attorney.
Fundamentals of state business registration
Any person, one way or another, familiar with entrepreneurship, knows that the main initial stage on the way to starting a business will be the procedure of state registration. Such actions are mandatory without exception for both sole proprietors and LLC. Organizational issues often fall on the shoulders of the entrepreneurs themselves, or the founders. However, if the company is to open in another city, there is an option to apply for the procedure through a proxy.
The legislation of Russia allows you to submit a package of business papers for the state registration of an LLC through a representative by proxy. It can be an individual or a legal entity. Any capable citizen who has reached the age of 18 can become a proxy. Also, such a document can be drawn up for several persons, if the registration will take place on behalf of several guarantors.
Legislative aspects of power of attorney registration
For the most part, the legislative nuances related to business registration are quite loyal to entrepreneurs. There are a number of points that should be taken into account:
- The power of attorney must contain a clear list of the person’s powers.
- The principal must have an identity card (passport) with him.
- The principal must be of legal age and capable.
At the same time, the citizenship or social status of the principal does not matter. The document can be drawn up both for a citizen of another country and for a Russian.
It should be noted that a power of attorney for the registration of an individual entrepreneur or LLC is an official document, the registration of which must be taken seriously. Errors that occurred during the compilation may serve as a reason for refusal to conduct state registration. The legislation of the Russian Federation prescribes to include the following information in the power of attorney:
- The name of the document, the place and date of its registration.
- The list of powers of the authorized person, including the right to sign.
- The validity period of the document.
- Personal data about the principal and representative.
- Personal signatures of the principal and representative.
It should be borne in mind that the details of the documents may vary depending on the form of the registered business. Any power of attorney must be notarized.
Procedure for registration of LLC by proxy
In most cases, the registration of organizations is handled by the Federal Tax Service. The duration of the process itself varies from a couple of days to one week.
As a rule, the procedure for state registration of an LLC consists of the following stages:
Stage #1. Preparatory activities.
Even before submitting all the necessary documents, the entrepreneur must solve a number of issues, namely:
- Come up with the name of the future LLC. According to Article 1473 of the Civil Code of the Russian Federation, the commercial name is reflected in the company’s charter and in the register of the Unified State Register of Legal Entities. The name should be written in Russian without using foreign words in the form of transcription. The use of terms and abbreviations is allowed.
- Choose a legal address. It means the location of the company. In fact, the address may reflect the place of residence of one of the founders or a rented office space. It is important that you can use it to contact the company. The legal address is always entered in the Unified State Register of Legal Entities in order to receive official correspondence. To register in a non-residential premises, it is enough to draw up a letter of guarantee from the owner and prepare a copy of the documents for the ownership of real estate. To register at the home address of the LLC participant, a written consent of all owners and an extract from the EGRN is required.
- Determine the type of activity of the LLC. It is reflected within the OKVED codes. You can select one or more.
- Determine the size of the authorized capital. The minimum value established by the legislation of the Russian Federation is 10,000 rubles.
- Choose a tax system. As a rule, the choice is between a general mode and a simplified one. In the second case, it is advisable to collect the necessary documents in advance to confirm the status, since the period established by law for switching to a special regime is 30 days from the date of registration of the company.
Stage No. 2. Collection of documents and registration of LLC.
- Charter of LLC. The main document regulating the work of a limited liability company and containing basic data.
- The decision to open a company or the minutes of the founders’ meeting. As a rule, such a document contains all the main points regarding the start of the LLC.
- Agreement on the establishment of the company. Relevant if there are several founders.
- Application for registration of LLC. It is compiled according to the form P11001. Subsequently, he is assured by an employee of the Federal Tax Service.
- Receipt of payment of the state fee. It is 4000 rubles. If there are several founders, the amount is divided by all in equal shares.
- Passport of the founders. Original and copy.
Stage 3. Completion of registration.
After the positive decision of the Federal Tax Service on the creation of a new legal entity, the founders will have to:
- If necessary, issue the necessary licenses.
- Open a checking account in the selected bank.
- Engage in hiring staff.
- If necessary, apply to the staff of the General director.
- Deposit the amount on account of the payment of the authorized capital.
Note that you can register an LLC through a notary. This opportunity appeared in 2022. The method is considered simplified compared to the standard procedure. The bottom line is that, subject to the original signature of the founder or founders on the documents, the notary independently sends a full package of documents for state registration.