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企业法人的成立

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企业法人的成立

    State registration of business entities is carried out in accordance with Regulation on state registration of business entities , approved by Decree of the President of the Republic of Belarus No 1 of January 16, 2009.

    The documents may be submitted to the registration body either

    For state registration of a business entity by personal appeal to the registration body it is necessary to:

    Make a decision about establishment of a legal entity, have the name of the legal entity agreed (see section "Name agreement for a legal entity"), define the location of the legal entity, and prepare the Statute (constituent contract, for a commercial organization that operates only on the basis of a constituent contract).

    In accordance with paragraph 2 of article 50 of the Civil Code of the Republic of Belarus the location of a legal entity is determined by the location of its permanent executive body (administrative-territorial unit, settlement, house, apartment or other premises, if any), and in case of absence of a permanent executive body - by another body or person entitled to act on behalf of a legal entity without power of attorney.

    According to paragraph 5 of the Regulation on state registration of business entities approved by Decree of the President of the Republic of Belarus No 1 of January 16, 2009, a private unitary enterprise or farm may be located in a dwelling (apartment, house) of a natural person who is the owner of the property of the private unitary enterprise or the head of the farm (hereinafter referred to as the dwelling) in one of the following cases:

  • the dwelling belongs to the natural person on the property right (is in share or joint property) on condition of approval by another proprietor (all proprietors) and all adult members of his family (family members of all proprietors) living in this premise;
  • the natural person permanently lives in the dwelling (except for the premises of the state housing fund) as evidenced by the mark in the identity document or information in the registration card on condition of approval by the owner (all owners) of the dwelling of the private housing fund and all adult members of the owner's family (owners' families).
  • In this case the owner of the premises shall be charged for utilities and other payments related to the use of such premises as stipulated by the Council of Ministers of the Republic of Belarus.

    Implementation of production activity (work, rendering services) in the dwelling that acts as location of the private unitary enterprise or farm is not allowed until being transferred to non-residential premise as stipulated by legislation.

    3. Fill in the application for state registration

    A specially created service, allows you to fill in forms for various applications online without authorization for their further submission as a hard copy to the registration body.

    APPLICATION FOR STATE REGISTRATION FOR A COMMERCIAL ORGANIZATION

    APPLICATION FOR STATE REGISTRATION FOR A NON-PROFIT ORGANIZATION

    Together with the application the following documents shall be submitted to the registration body:

    • Statute (constituent contract - for a commercial organization acting only on the basis of a constituent contract) in two copies without notarial certification, its electronic copy (in .doc or .rtf format);
    • the original or a copy of the payment document confirming payment of the state duty (except for payments via Single Settlement and Information Space System.

    Rates of state duty

    Payment details

    ОАО «АСБ Беларусбанк», г.Минск, БИК AKBBBY2X, расчетный счет: BY36AKBB36029170100080000000, получатель платежа – Главное управление Министерства финансов Республики Беларусь по Могилевской области, УНП получателя платежа – 700015249, назначение платежа: для организации – 03001, для физического лица – 03002

    (for reference: Belarusbank, Minsk, BIC AKBBBY2X, current account: BY36AKBB36029170100080000000, payee - the Main Department of the Ministry of Finance of the Republic of Belarus in Mogilev region, Payer's Identification Number of the payee -700015249, purpose of payment: for organizations – 03001, for individuals – 03002)

    Additional information

  • if the property owner (founder) of the legal entity is a foreign organization, a legalized extract from the trade register of the origin country of the organization or another equivalent proof of the legal status of the organization in accordance with the legislation of the country of its establishment or a notarized copy of the mentioned above documents (the extract must be dated not later than one year before the date of submitting the application for state registration) with translation into Belarusian or Russian shall be presented (the translator's signature is notarized);
  • if the property owner (founder) of the legal entity is a foreign natural person, a copy of the identity document with a translation into Belarusian or Russian shall be presented (the translator's signature is notarized);
  • in case of state registration of a horticultural association or a farm, a copy of the identity document with translation into Belarusian or Russian shall be presented (the translator's signature is notarized).
  • Attention!

    When applying for state registration, citizens present identity documents, as well as provide documents confirming their authority in case they act on behalf of a legal entity or a natural person. In case of representation of interests of a foreign legal entity, a copy of a notarized power of attorney shall be submitted.

    Together with state registration of a legal entity you can open a current bank account!

    The applicant may use such an opportunity when creating a legal entity having specified information about the bank in which he wishes to open the current bank account in the application for state registration. This information will be sent electronically by the registration body to the relevant bank.

    In this case the legal entity shall be released from the obligation to submit the following documents to the bank:

    • applications for opening a current bank account;
    • copies (without notarial certification) of the Statute (constituent contract - for a commercial organization acting only on the basis of the constituent contract), which has a stamp certifying state registration of a legal entity.

    4. Obtain documents on state registration

    Authorized employee of the registration body:

    • stamps the Statute (constituent contract - for a commercial organization acting only on the basis of the constituent contract) of a legal entity, testifying so the state registration, hands in a copy of the Statute (constituent contract) to the person who submitted it on the day of submission of documents for state registration;
    • hands in a certificate of state registration not later than the working day following the day of submission of documents for state registration;
    • the document confirming registration in tax authorities, bodies of the state statistics, bodies of the Fund of Social Protection of the Population of the Ministry of Labour and Social Protection, registration in the Belarusian Republican Unitary Insurance Enterprise "Belgosstrakh", i.e. the notice on registration is provided within five working days.

    Attention!

    Registration of a legal entity in the mentioned above bodies is carried out AUTOMATICALLY, without participation of the business entity. This procedure IS FREE OF CHARGE.

    Notice on registration can be obtained only in the registration body.

    Useful information for the newly established business entity

    You can contact a notary for registration of a legal entity or individual entrepreneur.

    The documents for state registration of a legal entity (individual entrepreneur) can be submitted to a notary along with the registration bodies.

    In this case the notary shall be presented the same documents as those submitted to the registration body.

    You can apply to any notary regardless of the place of residence of the applicant (location of the legal entity).

    The list of notary offices can be viewed on the website of the Belarusian Notary Chamber belnotary.by in the "find a notary" section .

    The amount of the notary tariff chrged for notarial act, is smaller compared to the amount of the state fee paid by applicants that personally address registration body.

    At the address to the notary the Charter and the certificate on state registration are given to the applicant also by the notary.

    Grounds for refusal of state registration

    • non-submission to the registering body of all the documents required for the state registration, determined by the legislation;
    • formalization of the application for the state registration with violations of the legislation requirements;
    • submission of the documents to an improper registering body.