How to register an LLC yourself, having all the legislative nuances? This question is relevant for many businessmen, and in order to answer it, it is necessary to consider the stages that make up a company.
1. The formation of the authorized capital. As a general rule, the minimum amount required to register an LLC is 10 thousand rubles. For some types of commercial activities, a different amount of authorized capital is provided. For example, such an exception is the sale of alcohol.
2. Legal address. Registration of the company is carried out at a specific address, through which in the future interaction with government bodies will be carried out. The company can be located both in its own and in rented premises. Practice shows that most companies renting offices are faced with the problem of periodic relocation. Since the legal address is indicated in the charter, the organization is obliged to make changes to this document at each move and register with the relevant IFTS. Before you register an LLC yourself, it is worth considering how to contact a company that provides legal addresses. The essence of the service is to sign a lease agreement with the company for an office that 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, the LLC interacts with one tax inspectorate, regardless of its actual location, and receives official letters addressed to it. It is worth noting that, by law, an organization can be registered at the home address of its founder, but in most cases this right must be defended in court.
3. Drawing up constituent documents. The development of the charter is one of the fundamental moments 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; order of alienation of shares and much more. These issues are especially relevant when a large-scale business is organized and the company has several founders. Therefore, before you register an LLC yourself, you need to consult with a lawyer and include in the charter all the necessary conditions. A memorandum of association must also be drawn up , which determines the size of the shares of participants in the company .
5. The choice of tax regime. In preparation for registration, the founders should think about what tax system will be applied at the enterprise, since the application for the transition to the simplified tax system is submitted to the IFTS along with other documents required for registration. The choice of the tax regime is an individual issue, the solution of which depends on the specifics of the activity. The main criterion is the need of future LLC clients for VAT invoices. In other words, if an enterprise sells products to organizations using special regimes or to private individuals, then it is advisable to switch to the simplified tax system, but if buyers are VAT payers, then it is worth staying on the general regime. You also need to remember that certain types of activity are subject to the UTII regime, which is applied without fail.
6. Filling out application P11001. This document should contain all the basic information about the company: name, address, name of the head, types of activities, etc. After filling, it is certified by a notary by the future director. Inaccuracies and corrections in the application lead to a refusal of registration or to serious problems in the work process. How to register an LLC yourself without making blunders? Particular attention should be paid to the choice of types of economic activity, since some of them are tied to certain tax regimes. Detection of such inconsistencies by inspectors of the Inspectorate of the Federal Tax Service leads to a recount of tax payments and imposition of fines.
7. Submission of documents.
List of documents for registration of LLC:
- the decision of the founders to open an LLC;
- copy of the manager’s passport;
- memorandum and articles of association;
- statement P11001;
- an application for a copy of the charter;
- receipts on payment of state duties;
- title papers on the premises, which is assigned a legal address;
- a statement on the transition to "simplification" (if necessary).
Documents are submitted to the registration department of the IFTS at the location of the company. After five working days, the head is issued: TIN, PSRN, a copy of the charter, an extract from the register, containing information about the new LLC. Opening an independent employer company also requires registration with Rosstat and extrabudgetary funds. The tax authority sends information to the data of the organization without the participation of the LLC, after which the company must receive letters confirming the fact of registration.
Establishment of an organization is a rather complicated process that requires time and legal literacy. Before you register an LLC yourself, it is worth considering to entrust this work to specialists.