To understand what registration of amendments to the charter implies, it is necessary to understand what constituent documents are and what is included in their package.
So, the current legislation refers to the constituent documents the decision of the owner on the creation of a business entity, the charter, as well as the
constituent agreement. Moreover, the charter is an internal regulatory document that is binding on all founders and the enterprise itself, operating in the form of a legal entity. The main purpose of the charter is the individualization of a business entity created in the form of a legal unit of a certain participant in civil turnover.
So, registration of changes to the charter should be made in case of clarification:
- name of the organization that entails a change in the type of activity;
- location;
- the procedure for organizing activities;
- subject and purpose of activity;
- information about representative offices and branches;
- sources of formation of property of the organization, etc.
Often situations arise in which all the basic documents of an enterprise must be brought into line with rapidly developing civil relations. Therefore, registration of changes in
constituent documents is carried out in a timely manner and in this order.
First of all, the supreme governing body of the organization convenes a general meeting of the founders to resolve the issue of making some changes. All present founders or participants are given the opportunity to analyze these clarifications, they are also 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 the state registration of amendments to constituent documents in a timely manner. This means sending a corresponding application to the registration authority, which checks the changes for compliance with certain provisions of the Constitution of the Russian Federation and other applicable laws.
Based on the results of the analysis, registration of changes to the charter is carried out or the refusal is justified. The state registration authority sends its decision two weeks after the receipt of the amended constituent documents to the tax service.
Based on the positive decision made, the tax authority makes an entry in the Unified State Register, which means that registration of changes to the charter has been completed and its new version is taken into account. Thus, only from this moment on do the amended constituent documents have legal force.
If the changes relate to information about a change in the location of a legal entity, the registration authority makes the necessary entry in the state registry and sends the registration file to a similar authority, but at the new location of this business entity.