The authorized capital is formed at the opening of any LLC, as it guarantees the availability of funds from the founders, allowing to cope with debts. The size of loyalty on the part of counterparties, the size of loans and other factors depend on its size. At the same time, the legislation establishes the minimum size of the authorized capital of an LLC, therefore, initially, entrepreneurs, when registering a company, must possess these funds.
Features of opening a company
Opening an LLC is quite simple:
- registration procedure is being carried out at the department of the Federal Tax Service
- Charter is being formed;
- funds are introduced by the founders to form the starting capital.
To create the authorized capital can be used not only money, but also valuable property. It acts as a certain guarantee that the company will easily cope with its obligations, and if debts arise, lenders will be able to use the funds from the authorized capital to pay them off.
What determines the size of the UK?
The minimum authorized capital of an LLC is established only at the legislative level. The same applies to other types of societies. It is impossible to work without this capital, and it is initially formed only by the means of the founders. They further have the opportunity to participate in the operation of the enterprise.
The contribution of each founder is represented by its share, and the size is strictly regulated by legislative acts. If the requirements of the laws are not followed, then this will cause the company to be impossible to register, and if it turns out that the actual capital is less than what is indicated in the constituent documents, then this may cause the bankruptcy of the company.
What are the requirements for the formation of the Criminal Code?
The creation of the authorized capital of an LLC is carried out at the time of registration of any company. Its value depends on the size of the shares of all founders who wish to participate in the functioning of the organization.
All participants may have different or equal shares. All of them are certainly indicated in the Charter. The shares in percent or fractions to the total value of the authorized capital are determined.
When forming it, the minimum authorized capital of LLCs in Russia is taken into account, which for quite a long time has been equal to 10 thousand rubles. However, there is no maximum border, so its size can be any, but not less than 10,000 rubles.
If you need to open an LLC, then initially the founders must make sure that they have enough funds to form a management company, therefore, they should have a minimum of 10 thousand rubles. Capital is created by depositing not only money, but also various valuable property or shares, for which an independent assessment is previously carried out.
The cost of the authorized capital of an LLC is expressed exclusively in rubles.
Purpose of the Criminal Code
Share capital is an essential part of any enterprise. It consists of money and valuable property invested by the founders themselves. It has significant functions:
- acts as a mandatory element when opening any company;
- It is a certain measure of responsibility and a guarantee that counterparty funds will be returned by the company;
- determines what share in the company belongs to one or another founder
- acts as the starting capital of any organization;
- it is allowed to use funds to increase working capital or other purposes, but it is not allowed to decrease in violation of the law.
An LLC cannot operate without a management company, therefore, the registration of the authorized capital of an LLC must be carried out simultaneously with the opening of this company.
Where is the size of the authorized capital indicated?
The amount of capital is fixed in the Charter, as well as in the memorandum of association.
Funds are paid by the founders to a pre-selected bank when opening a current account. Information about this account is recorded at registration. When forming the UK, it is required to transfer to the bank the documents:
- draft Charter and other similar documentation;
- the decision of the founders regarding the formation of a new company with a specific initial size of the authorized capital;
- an application for opening a current account, where funds will be put in the form of UK.
After opening an account and making the necessary amount of money, a special certificate is issued by the bank, which confirms that a contribution to the authorized capital has been made. It contains data on its size and date of formation.
Money is paid to the mentioned fund within 4 months after registration of the company.
UK size
The minimum authorized capital of an LLC is 10 thousand rubles. Therefore, if entrepreneurs plan to open a company, then it is enough to have a small amount of funds.
Within 4 months after the opening of the company, you can make only half of this amount, and after - within six months - the balance is paid.
Employees of the Federal Tax Service can at any time check the size of the Criminal Code, and it cannot be less than 10 thousand rubles, otherwise the founders will have to bear responsibility for this violation.
If a company is engaged in any specific business, then for it, by law, the size of the authorized capital can significantly increase. We will present information on such areas of work in the form of a table.
| Kind of activity | The minimum size of the UK |
| Private security | 100 thousand rubles |
| Tote or gambling | 100 million rubles |
| Bank opening | 300 million rubles. |
| Health insurance | 60 million rubles. |
| Making strong alcohol | 80 million rubles. |
Additionally, the minimum amount of the authorized capital of an LLC established by law may be affected by various legislative acts issued by regional authorities.
The law does not contain any information about the maximum size of the authorized capital, therefore it is allowed to invest in it any amount in excess of the minimum value. Moreover, by all means, any contribution is recorded in the statutory documents.
Features of the change of the Criminal Code
The size of this capital at any time should be equal to the amount indicated in the constituent documentation of the company. It is not subject to evaluation in the first six months, as it is allowed at this time to make only half of the declared amount.
In case of discrepancies, different measures can be applied:
- if the capital is actually smaller in size than the declared value, the company may be declared insolvent, therefore, a compulsory bankruptcy procedure is launched against it;
- if the actual amount of the authorized capital is less than declared, but exceeds 10 thousand rubles, then a reduction in the authorized capital of the LLC is required;
- often during the audit it is completely discovered that the amount exceeds the declared value, and in this case the authorized capital is officially increased.
Any changes to this fund should be recorded in the Federal Tax Service and Incorporation.
What is capital made of?
A contribution to the authorized capital may be represented by a sum of money or various valuable items. Most often used for this:
- amount of money;
- different material values;
- property rights, if it is possible to evaluate them in money;
- securities represented by shares or bonds.
Patents or other intellectual property are not allowed to be invested.
The minimum size should be formed solely in cash, and the remaining deposits are allowed in the form of different material values or rights.
Features of share investment
How to deposit money in the authorized capital of LLC? This process involves a preliminary assessment of the items contributed, if not money is used for this, but material values.
The amount of the authorized capital must be a multiple of the number of founders of the company. Money can be deposited in two different ways:
- An investment in the company’s bank account, which opens immediately after the registration of the organization. Each founder contributes a share on his own behalf, and a certificate issued by bank employees acts as confirmation.
- Cash deposit through cash desk. This method is not considered very popular, since if cash is used, then you must competently observe cash discipline. It is not required to have a cash register.
If some property is used to enter the Criminal Code, but some property, then an independent appraiser is initially invited to study the existing item in order to determine its value.
Rules for the introduction of wealth
If the increase in the authorized capital of an LLC is carried out using any tangible objects of significant value, this process is implemented in several stages:
- an assessment of the proposed value;
- at the meeting of the founders, the introduction of a specific material subject into the Criminal Code is approved;
- the decision is correctly drawn up and recorded, and the documents indicate the basic information about the introduced object;
- if there are several founders, then changes to the Criminal Code are prescribed in the agreement on the establishment of the company;
- a property asset is put on the balance sheet of the enterprise, for which an act of acceptance of value is formed.
If an item is brought in whose value does not exceed 20 thousand rubles, then direct depositors are involved in the assessment. Unjustified overstatement of the value of the property is not allowed, therefore, each founder is responsible for the incorrect entry of information in the charter documents.
If the price of an item exceeds 20 thousand rubles, then independent invited experts should deal with the assessment.
It is not allowed to change the type or composition of the Criminal Code by any of the founders without first making adjustments to the constituent documents. If the founder decides to leave the company, then he cannot take back the invested funds and values until the moment indicated in the transfer papers.
How are government bodies notified?
As soon as funds or material assets are deposited in the Criminal Code, the tax inspectorate should be notified of this fact
For this, a special notice must be submitted to the Federal Tax Service.
How does the size of the capital change?
Changing the size of the authorized capital is allowed within the established limit, therefore it is impossible to reduce it if its size is 10 thousand rubles.
Most often, there is a need to increase the authorized capital of LLC. There may be various reasons for this:
- the number of founders is increasing;
- it is necessary to obtain a large loan in the future, therefore, a significant amount of the authorized capital can positively affect the decision of banks or partners;
- founders have free funds that they wish to invest in the company to increase their share and increase influence on other owners of the organization when making different decisions.
There may also be reasons for reducing CC. For example, a company incurs losses, so activity does not make a profit. This leads to the need to use money from capital to cover current expenses. Also, there are often shares that are not distributed during the transition to society, so you need to remove them.
Finally
Any change in the authorized capital requires an appropriate decision and preparation of documentation. Such a decision must be registered with the Unified State Register of Legal Entities, for which a notification is transmitted to employees of the Federal Tax Service. Additionally, other interested parties must be notified if necessary.
Thus, the authorized capital is formed at the opening of any LLC. Its minimum size is strictly established by law and cannot be less than 10 thousand rubles. There are no restrictions on the maximum value of the authorized capital, so it depends on the scope of work and other parameters of the company itself. Any changes should be adopted at the meeting of the founders and recorded by the employees of the Federal Tax Service, therefore adjustments to the Unified State Register of Legal Entities are required. There are many reasons for changing the Criminal Code, but this action must be carried out on the basis of many conditions and requirements.