Suppose you decide to open your own business and at the same time you have like-minded people who share your idea and are ready to help you organize your business. In this case, for the realization of everything conceived, a company in which other businessmen besides you will be participants will perfectly suit. However, when creating and registering an LLC with several founders, there are some nuances. Therefore, in this article we will study how to organize the chosen form of activity. We also draw up step-by-step instructions on opening an LLC.
Where to start registration? What documents to collect? Where to provide them? About it further.
The main specifics of the LLC in the presence of several founders
The law of the Russian Federation provides for the possibility of registering an LLC on its own or with a person of a legal type, but also two, three and even more. The main condition: the number of people who want to become the founders of one LLC cannot exceed 50 people. Currently, LLC is one of the most popular forms of organization. This is directly related to the fact that there is no risk of loss of the founders' main property. That is, an entrepreneur risks only a certain limit of cash.
Of course, if an individual or legal entity has enough funds to implement its plans, then it can open an LLC on its own, becoming the sole founder. But the shared participation of several people interested in the same thing as you are, nevertheless, preferable when organizing large projects. It is for such a case that the law provides for the possibility of registering an LLC with several founders.
How to open an LLC with the participation of several founders?
The maximum allowable number of founders provided for by Russian law when organizing one LLC is 50 people. Even with so many founders, you can register an organization. The main thing is to correctly and responsibly approach the company registration activities. Therefore, we consider the nuances.
If you already have an idea and like-minded people who are ready to help you realize it, then the initial stage will be to think over all the subtleties of your future activities.
LLC registration: step by step instructions
1. Undoubtedly, each company should have a name. Including yours. You should think about this in advance. It will not be superfluous to listen to the opinion of each of your like-minded people, and then choose the most suitable one.
2. We determine the address at which your company will be registered. Do not forget! If there are several founders, the LLC cannot be registered at the place of residence of one of them. Therefore, we are sure to select a room that will serve as your office. Square meters can be rented, or you can adapt someone else’s property. It is required to conclude an agreement that will contain information that the premises are provided for the office of a particular LLC. This address for registration of the LLC will be recorded in the documentation with the number of founders more than one.
3. Most likely, to carry out your activities you will need a bank account, so you should worry about opening it. The amount may be transferred in parts, since before the official legal registration of the LLC, the legislation does not oblige to pay the full amount.
Do not forget that the charter capital must be paid by each founder individually! Moreover, in the amount corresponding to his share.
Suppose you plan to organize a company with two founders, whose shares will be equivalent. Then, if the authorized capital is determined in the amount of 50,000 rubles, each co-founder must pay half of this amount, that is, 25,000 rubles each. Remember: one co-founder cannot deposit both parts of the registered capital.
Stage of preparation of documents
So, when you have finished the preparatory stage, it is worth moving on to the collection of documents for registration of the LLC.
1. First of all, it is worth fixing the decision of the founders that they want to create an LLC on paper. Therefore, we hold a general meeting of the founders and draw up a protocol. He will be the point of departure. The protocol, in principle, does not constitute the main document of the LLC, however, if it is absent, you will not be able to issue an appropriate application for registration of the organization with several co-founders at the Federal Tax Service. We draw up the protocol, not forgetting that there are certain rules for its preparation provided for by law.
2. When registering an LLC by an individual (founder of an LLC), only a decision to open is sufficient. But if there are more than one founders, then the protocol will also require an agreement that will clarify all the nuances adopted by the founders at the general meeting.
Information to be indicated in the contract
The following information must be indicated in the contract:
• Equity ratio of founders.
• Conditions under which the founders will participate in the development of the LLC.
• Conditions under which each of the founders will be able to withdraw from the LLC or transfer its share to a third party.
• Amounts constituting the authorized capital, as well as the term for their payment by each co-founder.
• Other important factors that influence the mutual relations of partners.
The basis for your agreement can be absolute any sample of the relevant agreement with step-by-step instructions for registering LLC.
The contract must be drawn up in an amount equal to the number of founders. The Federal Tax Service does not require a contract, but one of the copies is required to be stored with all other constituent documents.
3. An approximate charter of an LLC with several founders, which is formed in parallel with the contract. And it will become the basis for the activities of the LLC. Must be made in duplicate and submitted to the Federal Tax Service for registration. One of the copies will be returned and subsequently should also be kept together with all the statutory documentation.
Remember! You can print documents only on one side of the sheet. If the documentation consists of a large number of sheets, then it is necessary to carry out the firmware in accordance with the requirements established by law.
Preparation for registration of LLC
Well, here is the main path and passed. Now you just have to fill out an application of a certain form in accordance with the rules established by law, and take the entire package of documents to the federal tax service.
An application for registration of an LLC with several founders can simply be downloaded on the Internet. One has only to make sure that its edition is up to date. The form of this application is encoded P11001. The basic requirements for this form are contained in the order of the Federal Tax Service. All future founders of the LLC should be involved in filling out the application. Recall that the founders can be ordinary citizens who have the status of an individual, and legal entities. The data of all participants must be entered in a special form. By the way, when preparing the documentation necessary for registration of the LLC, you can use the special product service on the official website of the tax service of Russia.
It is important to know that you can put a signature in a statement in only two available ways:
1. If the founder will be present at the time of submitting the application, the signature can be put in the presence of the tax inspector who will directly accept the documents.
2. If the founder can not be present when submitting documents for registration of the LLC in person, then the signature should be put in advance, in the presence of a notary who certified this signature.
It is necessary to issue only one copy of the application, but it must be signed by all, without exception, the founders without fail. Flashing document sheets is optional.
Amount of paid state duty
Please note that before you go to the Federal Tax Service to apply for registration of an LLC, you must pay a state fee. In the current year 2017, its size is 4000 rubles. An important condition is that each founder must pay the state fee when registering an LLC with several founders in proportion to his share in the authorized capital of the organization. One founder cannot deposit shares of all founders independently. That is, everyone must pay in person, moreover, indicating exactly their details in the payment receipt. All the roots of receipts of payment of state duty from all founders should be gathered together, attached to the application and then submitted to the authorities of the Federal Tax Service.
The tax system at the opening of LLC
You can attach one more statement to the package of registration documents if you have already decided which form of taxation your organization will use. Often, LLCs prefer a simplified tax system. The tax authority must be informed of its choice, confirming it with a corresponding statement in a double copy. One of them will be returned to you.
A timely application with data on the tax system will allow you to avoid unpleasant situations when registering an LLC, with several founders in particular.
List of documents required for opening an LLC
So, the documents that you will need to register your LLC with several founders:
1. An application for an LLC registration procedure with several founders.
2. The minutes of the meeting on the establishment of the organization - 2 copies.
3. The charter of the organization - 2 copies.
4. Receipts confirming payment of state duty for a total amount of 4000 rubles.
5. Passports and their certified copies of all founders.
6. Application for changing the tax system - 2 copies.
Submission of documents to the tax service
You can go to the tax with all the founders, and this will also save you money. But in this case, when submitting a package of documents for registration, all participants must be present in person. But alternative options are also possible:
• One of the founders may go to submit documents, but then he must have with him an application with all signatures that were notarized beforehand.
• It is possible to attract a third party who is not part of the founders. The representative will have to carry an official power of attorney to carry out the registration procedure of the organization.
Legal registration of LLC is carried out through a single window system, that is, registration will be completed immediately, and after three days you will be able to receive documents confirming the fact that your LLC is successfully registered.
Conclusion
It is important to understand that any business is created for profit. Before this, it is important not only to carefully think out a marketing plan, analyze the activities of competitors, but also you should study the step-by-step instructions for registering your business. You can get acquainted with it in our article.