What is the organization's charter and how to register its changes
The organization's charter is a set of rules,established by the founders and designed to regulate the activities of this legal entity. This document is not drawn up at the whim of the creators of the organization. To create it and approve it requires the Civil Code and the relevant legislative acts.
The norms contained in the charter are binding for all founders. Refusal of obligations entails an exception from the company.
The structure and content of the document are defined foreach type of organization separately. For the joint-stock company it will be an extensive document with a detailed description of all organizational procedures. For a limited liability company, it is less extensive. For non-profit organizations, it is generally permitted to use the position instead.
In addition, the Civil Code gives the right to replace the organization's charter with the constituent contract. True, not for all types of legal entities.
Of course, every little thing in the law can not be prescribed, but some frameworks are still installed.
The articles of association must include:
- name of the organization (full and short);
- legal address, that is, the address of registration;
- the object and purpose of the activity;
- governing bodies and management procedures;
- The order of liquidation.
What pages are interesting to official authorities
For official bodies, which is inevitablelegal entities, two pages of the statute are important. One contains the address and the form of ownership, on the other - the data on the manager. Recently, copies of these pages may require counterparties who doubt the trustworthiness of a future business partner.
It should be said that for a long time aloneno one makes texts of such documents. To register all the provisions in the organization's charter, a sample can be found with colleagues in the business department and, of course, on the Internet. And then on this basis, taking into account the specifics of your business enterprise and form the main document.
However, in such a case, especially if it is a society with many founders, it is better to trust professionals. This will avoid many problems in the future.
The principles of registration of the charter itself and changes therein
The created charter of the organization followsregister with the tax authority that oversees the registration area of the legal entity. Previously, this document was checked there for compliance with the law. However, the tax authorities have not checked the charter for some time. Moreover, before surrendering to the inspection it is required to assure the notary and to pay the state duty.
In the life of any legal entity forits activities can be different events, collisions. Whether the address changes, whether founders leave the structure, whether the authorized capital grows - to reflect such events, changes in the organization's charter are required. The procedure here is exactly the same as when the organization is registered from the ground up.
And in most cases the decision of the general meeting of the founders is required. After all, the organization's charter is too important a document to allow it to be changed illegally.
It should be noted that to adjust the variousThe provisions of the statute require a different number of decisive votes. In one case, a simple majority or even a decision of the board of directors is sufficient. In another case it is necessary to recruit two-thirds of the founders' votes, no less.
After completing all the papers, it remains to be attributed them toregistering authority and wait five days until the clearance process is over. Recently, however, it became possible to register changes in on-line mode. On the website of the registration authority (FTS) there is an appropriate service. However, without some actions that require a personal presence (an assurance in a notary's office), you still can not do.