LLC is a commercial organization that is created in accordance with the requirements established by the Civil Code of the Russian Federation, as well as a special law governing the functioning of these companies. The founder’s decision to create an LLC is the very first document of this organization. Read about it in this article.
Society founders
In order to open a company that will operate in the commercial field, its future participants need to fix an appropriate decision in writing. If the participant is one, then he makes a decision, and if there are two or more of such business owners, an act of general meeting must be drawn up.
The founder of the legal entity considered in this article may be not only citizens, organizations may also be such persons. There are quite common cases when another society acts as a participant in the society. In such situations, the decision of the LLC to establish the LLC will be the very document according to which the new organization will be registered with the tax authorities.
Name and address
The decision of the sole founder to create an LLC must meet some important requirements. So, in such a decision it will be necessary to spell out the future name of the company. Moreover, such a name must comply with the conditions established by law. For example, it is permissible to include the inadmissibility of using the words “Russia”, “federal”, “state” in the name of the organization. Moreover, these words cannot be mentioned in the name of the enterprise even in an abbreviated form. If this condition is not followed, then the LLC is unlikely to be registered, and if it happens by accident, then in the future it can turn into serious troubles (lawsuits, courts, etc.).
The decision of the LLC on the creation of the LLC, in addition to the above, should contain information about where the organization will be located. It should be noted here that a company can actually be located in one place, and be registered in another. At present, quite a lot of people offer to take advantage of the proposal to provide a special address for the registration of the company.
Other points
The next mandatory clause, which should contain the decision of the LLC on the creation of the LLC, as well as decisions made by individuals, is the amount of the authorized capital. We draw attention to the fact that, according to the current legislation, it cannot be less than ten thousand rubles.
The decision also prescribes the value of the share of the participant. However, if the LLC or citizen will be the sole founders, then, accordingly, their share will be 100 percent.
Who makes the decision of the LLC?
A decision on the creation of an LLC must be made and signed directly by the founder. That is, if such a decision was made by Ivan Ivanov, then he must sign the document. But what if the organization is the founder? In this scenario, the signatory authorized by the right to make a decision will be either the head of the parent organization or another person appointed by the participants of the parent organization. Of course, basically such actions are performed by the director. But it is worth noting that the director does not himself decide on the formation of a new organization - this is done by other authorized persons, that is, participants. For example, participants of X LLC held a general meeting, at which they decided to create Igrek LLC. They assign the task to the director of the X company. This director makes the decision to establish the Igrek company on behalf of the X company.
The creation of a company or any other enterprise seems to be a rather complicated procedure, in which it is necessary to be guided only by legislation in order to exclude the refusal of registration.