Simplification of the procedure for registration of legal entities

LEGAL DIGEST, NEWS \ 25.06.2021

The President of the Russian Federation has signed a law simplifying the procedure for submitting documents for state registration of legal entities.

According to the amendments, the notary will be obliged to provide the Federal Tax Service (FTS) with an application for state registration and other necessary documents if they confirm the authenticity of the applicant’s signature on such an application.

If several founders participate in the creation of a legal entity, then the authenticity of the signature of the latter of the applicants is attested in the application.  

At the same time, the authentication of the signature on the application and the sending of documents have to be carried out by a notary within the framework of a single notarial action. It is necessary to submit the documents in electronic form using an enhanced qualified electronic signature.

The new provisions will come into force on August 28, 2021 and will allow legal entities to open their own business in one visit to a notary and without having to pay for two separate notarial actions. Currently, the applicant himself (herself) or his (her) representative can submit documents to the FTS if there is a notarized power of attorney. The submitted documents include:

• application on the form No. R11001;
• decision (protocol) on the establishment of a legal entity;
• constituent document (for example, the Charter – for a LLC);
• receipt of payment of state fee;
• extract from the register of foreign legal entities (if the founder is a foreign legal entity);
• notarized power of attorney (if the documents are submitted by the applicant’s representative).

In addition to the notary, it is possible to submit documents for registration through a direct appeal to the tax service or to the Multiservice centers providing state services, or through the Unified state services portal.

The term of registration of a legal entity is three working days from the date of submission of documents to the tax service. If there are no grounds for refusal, the FTS authorities will make an entry on registration in the Unified State Register of Legal Entities (USRLE) with the indication of the principal state registration number (Russian acronym – OGRN) of the legal entity. The legal entity will receive confirmation of the entry and the fact of registration in electronic form.

In the matters of state registration of legal entities, please contact the specialists of Acsour’s Legal Department.