LawState and Law

Formation of a legal entity

A legal entity is a specific organization that meets certain requirements prescribed in the legislation (availability of detached property, organizational unity, property liability and so on). It is a full-fledged subject of law.

The procedure for creating a legal entity

We will speak directly about commercial organizations. The formation of a legal entity takes place in the order that is prescribed in the legislation. There are many nuances. That is why many entrepreneurs conduct the procedure not independently, but through intermediaries (in Moscow, for example, you can contact the legal company "Fineco").

The formation of a legal entity is a process that can take a long time. At the initial stage, a general meeting of the founders should take place. Its progress is recorded. The document drawn up after its completion is a decision to create a legal entity. In the future, it will need to be submitted to the tax service.

It is necessary to determine the organizational and legal form. Which option would be most preferable? For the management of small, as well as medium-sized businesses, CJSC or LLC is traditionally used. What are they good? The fact that the authorized capital is small, and the personal property of the founders will not suffer in case of problems in business. For the conduct of large businesses use such organizational and legal form as JSC. Note that in this case the authorized capital should be more than 100 000 rubles.

We form the authorized capital. By the time of registration, it must be submitted at least half. It can even be contributed by property.

Registration is not possible without the company name. It must comply with the requirements of the law. There are a lot of them (the name should not be used by anyone else, and so on). In the future, the company will act in the civil turnover just under it.

The formation of a legal entity is impossible without a legal address. What it is? This is the address of a particular room in which the firm will be located. The tax service will need to provide documents confirming the ownership of the premises (lease). You can also submit a letter of guarantee to a legal address - this is a document that guarantees that the contract with a certain landlord will be concluded immediately after registration. Important: registration is carried out at the tax inspection at the location, that is, at a legal address.

Formation of a legal entity implies the receipt of OKVED, that is, special codes, which can quickly determine the specialization of the organization.

EGRYUL is a register where all information about the new company will be recorded. How to register a company? It is necessary to prepare and submit all necessary documents to the tax service. Let's not forget that payment of a duty is mandatory.

The legal person will be considered registered from the moment when the corresponding entry about it appears in the Unified State Register of Legal Entities.

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