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Changes in the procedure of incorporation


 
The procedure of incorporation companies and individual entrepreneurs has been changed since 29 April 2018. Amendments to the Federal law No. 129-ФЗ of 08.08.2001 “On state registration of legal entities and individual entrepreneurs” has come into effect.
 
Now the tax service (which is the companies’ registrar) does not give paper versions of the certificate of an entry in the Uniform State Register of Legal Entities, the tax certificate and the charter after incorporation. Instead, the tax service sends these documents by e-mail. If the tax service declines or stops incorporation, it will send its decision also by e-mail.
 
The registrar provides paper confirmation of electronic documents upon the applicant’s request. If the application form is filed with a multifunctional center or a notary, the request to provide confirmation must be filed with the same multifunctional center or notary. They could accept the request from a representative under a notarized power of attorney.
 
In such way, the main document now is a file with an electronic signature, received by e-mail, instead of a paper document with a stamp.
 
The list of documents for incorporation remained the same except the number of charter’s copies: 1 copy instead of 2 copies. This is because the registrar does not return the 2nd copy. A claimant receives a file with the charter by e-mail. 
Under new enactments, multifunctional centers must send documents to the registrar not later than the next day of the filing date.
 
Please be aware that the application form can be filed with the department of the multifunctional center where the future company is to be located. Notaries send documents to the registrar upon the application of a director or a settler of a company. One of them must sign this application personally. Thus, applicants cannot avoid visiting a notary.
 
These changes in the Federal law No. 129 have become the new stage of the “Plan of development of system delivery of state and municipal services based on “one window” principle in multifunctional centers for the provision of state and municipal services for 2016 – 2018”1. The next stage — giving a power to multifunctional centers’ officers to certify signatures while filing the documents for the registration. In this case, a claimant would not need to go to a notary.
 
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1Find more: art. 44 of the Plan of development of system delivery of state and municipal services based on “one window” principle in multifunctional centers for the provision of state and municipal services for 2016–2018 (Approved by Resolution of the Russian Government No. 747-р of 21.04.2016)
 


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