Registration of changes to the charter - mandatory procedure
To understand what it means to register changes to the charter, it is necessary to understand what constitutive documents are, what is included in their kit.
So, the current legislation tothe constituent documents include the owner's decision on the establishment of the business entity, the charter, as well as the memorandum of association. At the same time, the charter is an internal normative document that is mandatory for implementation by both the founders and 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;
- 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 allthe basic documents of the enterprise must 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 bodyorganization is convened a general meeting of the founders to address the issue of making some changes. All present founders or participants are given the opportunity to analyze these clarifications, and they are given explanations about the reasons that caused such a need for convocation. All changes are accepted by the vote of the founders.
The next stage is state registrationchanges in the constituent documents within the established time limits. 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 analysisregistration of changes in the charter is carried out or the 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, which means that registration of amendments to the charter has been carried out and its new edition is being taken into account. Thus, only from that moment the amended constituent documents have legal force.
If the changes relate to information about thethe change in the location of the legal entity, the registration authority shall make the necessary entry in the state register and the registration file shall be sent to a similar body, but at the new location of the business entity.