What is the charter of the organization and how is registration of its changes made

The organizationā€™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. The Civil Code and relevant legislative acts require it to be created and approved.

The norms contained in the charter are binding on all founders. Disclaimer entails exclusion from the company.

Exemplary structure

The structure and content of the document are determined for each type of organization separately. For the joint-stock company, this 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 provides the right to replace the organizationā€™s charter with a memorandum of association. True, not for all types of legal entities.

Of course, you canā€™t prescribe every little thing in the law, but some frameworks are nevertheless established.

The charter must include:

- name of organization (full and abbreviated);

- legal address, i.e. registration address;

- subject and objectives of the activity;

- governing bodies and management procedures;

- liquidation procedure.

Which pages are of interest to the authorities

For the authorities, to which legal entities inevitably turn, two pages of the charter matter. On one contains the address and form of ownership, on the other - data on the head. Recently, copies from these pages may be required by contractors who doubt the reliability of a future business partner.

It should be said that for a long time no one independently compiles the texts of such documents. To register all the provisions in the charter of the organization, a sample can be found at colleagues in the business workshop and, of course, on the Internet. And then on this basis, taking into account the specifics of their commercial 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.

Principles of registration of the charter itself and amendments to it

The created charter of the organization should be registered with the tax authority that oversees the area of ā€‹ā€‹registration of the legal entity. Previously, this document was checked there for compliance with the law. However, from some time the tax authorities do not check the charter. Moreover, before passing it to the inspection, it is required to be certified by a notary and must pay the state fee.

In the life of any legal entity during its activities, various events, conflicts can occur. Whether the address changes, whether the founders leave the structure, whether the authorized capital is growing, to reflect such events, amendments are required to the charter of the organization. The procedure here is exactly the same as when the organization is registered from scratch.

Moreover, in most cases, a decision of the general meeting of the founders is required. After all, the organizationā€™s charter is too responsible a document to allow it to be changed non-collegially.

It should be noted that to adjust the various provisions of the charter, a different number of casting votes is required. In one case, a simple majority or even a decision of the board of directors is sufficient. In another case, it is necessary to collect two-thirds of the votes of the founders, not less.

After completing all the papers, it remains to take them to the registration authority and wait five days until the process of registration is completed. Recently, however, it has become possible to register changes online. On the website of the registration authority (FTS) there is a corresponding service. However, without some actions that require a personal presence (certification in a notary's office), you still can not do.


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