If you decide to become an entrepreneur and organize your own business, you can not do without state registration. There are two options for such registration - the creation of a legal entity or registration of yourself as an individual entrepreneur.
A legal entity has a number of advantages, therefore, in this article it will be considered its discovery. On the Internet, you can find many offers to register a legal entity for a fee. But this procedure is not so complicated as not to cope with it yourself, saving money and at the same time gaining experience.
Consider the main steps of this process on the example of opening a limited liability company. So, we will not even consider such methods of creating legal entities as applying to a specialized company. If you carefully read this manual and do everything in accordance with it, you yourself will perfectly cope with this task.
Step one. Constituent documents
Start by building a package. constituent documents. In the case of an LLC, such documents are the charter and the decision of the sole participant of the LLC, if you intend to create the organization alone. Or a charter, memorandum and minutes of the general meeting founders, if you have partners. At this stage, it is important to decide what activities your legal entity will engage in. The definition of these species in the constituent documents must comply with OKVED. Despite the fact that the constituent documents are voluminous work, they are standard for most companies, and you can easily find examples of the charter and, changing some of the nuances, create your own.
Step Two Formation of the authorized capital
The presence of authorized capital is a mandatory legal requirement for those who plan to start creating a legal entity. State registration will be carried out only if at least 50% of it you as a founder made as a contribution. As a rule, this is done by opening a preliminary bank account in the bank and depositing at least 5,000 rubles into this account. Choose any commercial bank and notify its employees of the desire to open an account with their unregistered company. An account will be opened for you and after you deposit money into it, they will issue a certificate on the presence of the authorized capital. This certificate must be attached to the statutory documents.
Authorized capital. Expert Advice
Few of the start-up businessmen registering their business know this, but there is a possibility to legally circumvent the need to deposit half of the authorized capital into a bank account before registration. Creating a legal entity requires formation of authorized capital. But as a contribution to the authorized capital, you can arrange any property, such as a laptop or office desk and chair. That is, the property that will be necessary in the work of the company and whose value is not less than the amount of the authorized capital, that is, 10,000 rubles. To do this, you should issue an act of transfer of property as a contribution to the authorized capital of yourself (as a founder) on the balance sheet of the company.
Step Three Notarization of documents
Having prepared the constituent documents, fill out an application for the creation of a legal entity in two copies, sew them and go to a notary public to verify your signature.The application must be filled out in the established form (available on the IFTS website), it should be completed on a computer or ballpoint pen. One application form is notarized, and the second is simply signed by you, after delivery of the package of documents to the inspection, it will remain with you with a stamp on the acceptance of documents. Notary certification, as a rule, costs from 200 to 400 rubles.
The fourth step. Legal address of the company
In order for your legal entity to function normally, determining the legal address plays an important role. Previously, the law required mandatory registration as the address of non-residential premises, but now this rule has been canceled, and if you do not own or rent an office, you can even register the apartment where you reside as the address of your company. If you are its sole owner, you only need documents on the right of ownership, and if not, then letters of guarantee will be required from each owner and those living with you that they are informed and do not mind that your company is registered on the territory of their living space. If you have an office, you need to provide documents for it. For example, a lease and a letter of guarantee from the owner or documents proving your ownership.
Step Five Submission of documents to the IFTS
Before you submit a package of documents you have collected to create a legal entity, you should pay the state fee at any bank. Details for payment, as a rule, are in each department, but if you do not find them there, print out a receipt for payment from the IFTS website.
The size of the state duty is 4000 rubles. You need to attach the receipt of payment to the prepared documents and submit them for registration to the tax inspectorate of the area in which the legal address of the company is located. Documents will be accepted from you, and within five business days your company will be registered.
State duty. Expert Advice
Despite the fact that the creation and reorganization of legal entities is a process that requires financial investments, you can still save on paying state fees. You can do this as follows. Thanks to the program to promote entrepreneurship of the Employment Center of the Russian Federation, if you are registered as unemployed and submit your business plan to the expert committee of this organization for approval, you will receive a subsidy to compensate for the payment of state registration fees and notarial services to your current account . That is, in fact, with due desire, you can open your own business without starting investments at all.
In addition, the Employment Center provides free consultancy assistance; they will help you arrange paperwork correctly. Use this tip.
Step Six Tax system
At this point, you need within five days after receiving state registration certificates your company to decide if you would like to apply a simplified tax system. If you have such a desire, you should write application for the transition to the simplified tax system. The same body will accept this statement (the tasks of which, among others, are the creation and liquidation of a legal entity), that is, the IFTS. In the absence of such a statement from you within five days, you will automatically become a taxpayer under the DOS. So, you will be required to report and pay income tax, VAT, property tax, etc.
Seventh step. Printing, opening an account
Now that you have almost completed the creation of a legal entity, you can proceed with the order for printing a company. You can choose any symbolism on the press, except for the state emblems and the words "Russia", and order the manufacture of seals and stamps in specialized enterprises.And already with a seal, you can go to the bank, where you have a preliminary account, to conclude a full-fledged agreement and transfer the account to the current status. Now you are free to conclude agreements, accept money from counterparties to a current account, hire employees and perform any actions not prohibited by law to develop your business and make a profit.
We hope that after reading the article you yourself have become convinced that such methods of creating legal entities as independent opening have the right to exist. And in order to open a small, but their own business, it is not at all necessary to give 20-25 thousand for the registration of a law firm. It takes only a little of your time, perseverance and most importantly - persistent determination, and you can achieve everything yourself. And this experience will serve you as an excellent lesson for the future.
