Change of the founder: which way to choose

Any organization is a dynamic, dynamic mechanism, which is peculiar to change. The change of the founder of the LLC is the official procedure for registering changes in the company, which involves changing the composition of participants, whether it is the withdrawal of existing ones or the introduction of new ones, and it can be implemented in several ways. It should be noted that the change of the founder requires consideration of formalities, legal literacy, so as not to lead to complications in the company's future operations. For example, if the taxation of a company is made under a simplified system, then selling more than 15% of the organization's share to a legal entity will lead to the impossibility of continuing the use of "simplified tax".

Trades on alienation of shares, as a rule, are certified by a notary, and documents are then sent to the tax authorities without fail. However, the law provides for cases when the change of founders is possible without a notarization. Now more details about possible ways of changing the composition of participants.

Entrance of the new founder

Produced on the basis of an application in a simple form addressed to the CEO of the company, and then a monetary or property contribution is made to the authorized capital, which, as a result, is increased. The next stage will be the preparation of a new version of the Charter of the LLC, and the Decision that the MC OOO is increased by a certain amount by a third party contribution. Then, statements are made in the form of P14001 and P13001, and the procedure is completed by the official registration of all changes.

The founder's exit from LLC

The participant submits the application in a simple form to the name of the General Director, where he expresses a request to pay him the price of a stake in the authorized capital of the company, which is specified in the Charter of the organization. Further a statement is drawn up (Form P14001); A decision is made on the withdrawal and, accordingly, on the transfer of the participant's share to the balance of the organization or distribution among the remaining members of the company, which is carried out at the meeting of the founders. In conclusion, the change of the founder is officially registered with the tax inspectorate. His change without notary certification is also possible in other versions:

• Sale of a share of one LLC member to another; The basis will be a contract of sale, drawn up in a simple form;
• The participant alienates a share in favor of a society and receives compensation. After its exit from the LLC, the organization sells this stake to a third party; In addition to the contract of sale, a document confirming payment is attached.

The founder's exit, requiring a notarization

This method is the fastest - the change of the founder and the transfer of the share occurs at the same time when the notary confirms the contract of sale of the share to third parties. At the same time, the presence of both sides is required simultaneously: the seller (the old participant) and the buyer (the new one). The downside is the collection of a large number of documents.

Change of the founder with the increase of the Criminal Code LLC

If there is one founder in the organization, he wants to withdraw from the list of participants, and share it to a third person, then it is reasonable to conduct a transaction without participation of a notary, since the cost of registration depends on the amount of the authorized capital. And you will have to bear significant costs if the MC is large. The implementation in this case takes place in two stages: the introduction of a new participant and, accordingly, an increase in capital; The withdrawal of the willing member of the society and the redistribution of shares.