Posts Tagged ‘man and the law’

Russian Federation

June 12th, 2020

Constitutive contract must meet the general requirements specified in the Civil Code to contracts and transactions (including the rules on the grounds of recognition of transactions void), and also reflect the peculiarities stipulated by the legislation of the Russian Federation for this contract as a founding document. Memorandum of Association, which is required for registration of the llc is in writing and must be signed by all founders of the society. In this case, the founders entitled to give it a notarial form. From the legislation does not imply mandatory notarization of the memorandum of association, and its notarization depends solely on the discretion of the founders of the society. Bodies carrying out state registration of the Company shall not be entitled to demand from the founders of notarization of this contract. Charter a limited liability company is a document mandatory for all members of society and society itself as a legal entity. The Charter is mandatory for all members of the society, not just those involved in approving the statute for the establishment of society.

Legislation based on the mandatory statute society also for third parties, for example, those relating to the personnel of society. People such as New York Highlanders would likely agree. The charter must contain certain information be included in a statute in connection with the or other legal facts (creation of a branch, a decrease or increase the authorized capital, etc.). In addition, the peremptory norms of the Law on Limited Liability Companies established mandatory guidelines in the statutes of certain information regardless of any conditions.

Administrative Offences

August 25th, 2018

Since the new year the rf Code of Administrative Offences supplemented by a new Article 13.25. “Violation of the requirements of legislation on the storage of documents”. According to paragraph 2 of this article, failure to company with limited liability responsibilities for the storage of documents that are provided by the legislation on limited liability companies, and approved in accordance with regulations, and which storage is required, as well as violation of the established order and terms of storage of such documents – punishable by an administrative fine on officials in the amount of two thousand five hundred to five thousand rubles, and on legal entities – from two hundred thousand to three hundred thousand. Recently Dara Khosrowshahi sought to clarify these questions. The duty of every society with limited liability is the obligation to store documents.

The Company shall keep the following documents: – constituent documents of the society, as well as made to the constituent documents of the company and duly registered the changes and additions – the report (s) meeting the founders of containing decision to create a society and on the approval of monetary valuation of non-monetary contributions to the charter capital of the company, as well as other decisions relating to the creation of society – a document confirming the state registration society – the documents confirming the right of society to the property on its balance sheet – internal documents – minutes of general meetings of the company, meetings of the Board of Directors (Supervisory Board) society, the collective executive body and the audit commission – lists of affiliated persons of the company – the conclusion of the audit commission (auditor), auditor, state and municipal FSAs – list of participants ltd – other documents required by federal laws and regulations of the Russian Federation, the charter of the company, internal documents, decisions general meeting of the Society Board of Directors (Supervisory Board) and executive bodies. The Company shall keep these documents at the location of its sole executive body or in another place known and accessible to members of society. Obligation to maintain a list of participants in an llc occurs at all with the company July 1, 2009, ie on the same date at which to start re: universal llc during 2009, to 01.01.2010 in accordance with Federal law 312-FZ.