How to register LLC independently?
How to register an LLC yourself,providing for all the legislative nuances? This issue is relevant for many businessmen, and in order to answer it, it is necessary to consider the stages that constitute the establishment of the firm.
1. Formation of the authorized capital. As a general rule, the minimum amount required to register an LLC is 10,000 rubles. For some types of commercial activities there is a different size of the authorized capital. For example, such an exception is the sale of alcohol.
2. Legal address. The company is registered at a certain address, through which further interaction with state authorities will be carried out. The firm can be located both in own, and in the rented premise. Practice shows that the majority of companies renting offices, face the problem of periodic change of location. Since the legal address is specified in the charter, the organization is obliged to make changes to this document at every move and register with the relevant IFNS. Before you register an LLC yourself, it is worth considering to contact a company that provides legal addresses. The essence of the service is to sign a lease agreement with the firm for the office, which will not actually be used, while the secretary or other employee accepts incoming correspondence and confirms the location of the organization at this address. Thus, LLC interacts with one tax inspection, regardless of the actual location and receives official letters addressed to him. It should be noted that by law the organization can be registered at the home address of its founder, but this right in most cases has to be defended in court.
3. Drawing up of constituent documents. The development of the charter is one of the fundamental factors affecting the future of the business. This document may contain a number of conditions governing the rights of founders and protecting the interests of society: a ban on the withdrawal of participants from the LLC; a ban on the sale of shares to third parties; the order of alienation of shares and much more. These issues are particularly relevant in the event that a large-scale business is being organized and the firm will have several founders. Therefore, before registering the LLC independently, you need to consult a lawyer and include in the statute all the necessary conditions. A constituent contract must also be drawn up, which determines the size of the shares of the company's participants.
5. Choice of the tax regime. When preparing for registration, the founders should consider what taxation system will be applied at the enterprise, since the application for transfer to the USN is provided to the Tax Inspectorate together with other documents necessary for registration. The choice of the tax regime is an individual matter, the decision of which depends on the specifics of the activity. The main criterion is the need of future customers of LLC in invoices with VAT. In other words, if an enterprise sells products to organizations using special regimes or private individuals, it is advisable to switch to USN, if buyers are VAT payers, it is worth remaining on the general regime. It should also be remembered that certain types of activities are subject to the UTII, which is mandatory.
6. Filling in application P11001. This document should contain all the basic information about the company: name, address, manager's name, activities, etc. After filling it is certified by a notary by a future director. Inaccuracies and corrections in the statement lead to refusal of registration or to serious problems in the process of work. How to register LLC independently, without making gross mistakes? Particular attention should be paid to the choice of economic activities, as some of them are tied to certain tax regimes. Identification of such inconsistencies by IFNI inspectors leads to recalculation of tax payments and imposition of fines.
7. Submission of documents.
List of documents for registration LLC:
- the decision of the founders to open the LLC;
- a copy of the head's passport;
- Memorandum and Articles of Association;
- application P11001;
- application for a copy of the charter;
- receipts for payment of state duties;
- legal documents on the premises, behind which the legal address is assigned;
- a statement on the transition to "simplified" (if necessary).
Documents are submitted to the registration department of the Tax Inspectionat the location of the firm. After the expiration of five working days, the head is issued: TIN, OGRN, a copy of the charter, an extract from the Unified State Register of Legal Entities containing information about the new LLC. The opening of an independent employer company also requires registration with Rosstat and off-budget funds. The tax authority sends information to the organization's data without the participation of LLC, after which the company should receive letters confirming the registration.
Establishment of an organization is rather complicatedA process that requires time and legal literacy. Before registering the LLC yourself, it is worth considering to entrust this work to specialists.