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Changes in the charter of LLC, ChUP, CJSC

The charter is one of the main types of constituent documentation in commercial companies, including LLC, OJSC, CJSC, etc. Amending and supplementing the charter is a complex process that is required for any changes regarding information about the legal entity.
The reasons for introducing amendments to the charter may be such reasons as changing the legal address, renaming the company, changing the composition of the participants in the LLC, changing information about the management bodies, their obligations and features of the process of making various decisions, as well as opening or closing representative offices of the company.

The cost of the service amending the charter
Changes to the charter From 150 Euro (€)

 

Changes in the charter of the organization: in what time frame do you need to write an application to the state agency

Varieties of changes and additions to the charter can be divided into the following categories:

  1. Changes to be made two months in advance. We are talking about changing the name of the legal entity, the composition of participants or founders, changing the owner of the company. Also, within two months, it is necessary to register a decrease in the authorized capital to the amount originally paid, if the deadlines for its formation are violated.
  2. Amending the charter to fully comply with the new legislative requirements. The state does not determine the deadline for entering data when new legislative acts come into force.
  3. Changes for which there are no deadlines. The item concerns a change in the amount of equity parts, the statutory fund (provided that the reasons are not related to legislative requirements or the emergence of new contributions). Also, in an indefinite period, it is necessary to make changes in the list of representative offices of the organization, changes in the information in the passports of participants and additions that relate to the functions of management bodies.
  4. Changes providing for a different system for notifying government agencies. For example, changing the legal address of the company. Then the supervisory authority must be notified within 10 days.

The procedure for amending the charter: registration procedure

The decision to amend the charter of the Republic of Belarus is the responsibility of the owner of the company or LLC participants in the manner indicated in the constituent documentation.
Amendments to the charter of an LLC can be prepared as a separate application or a new edition can be published. The choice of one or another option depends on the significance and number of changes. The more of them, the more profitable it is to make another version of the charter.

Registration of changes to the charter: what documentation is required

To fill out a sample amendment to the charter and register all the information, you need to prepare certain documentation:

  • Application in the format established by the state;
  • payment documentation confirming the payment of the state duty;
  • two copies of all changes made to the charter;
  • a digital copy of the additions made;
  • original certificate of state registration (when changing the name of the organization);
  • Documentation indicating the authority of the person signing the application.
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In Minsk, registration of changes in the charter is carried out by a special executive committee. If the legal entity is located in another city, the changes are registered by the regional or district committee.

In the process, the executive committee checks the received documentation. The quality of execution usually depends on the experience and professionalism of the lawyer responsible for drafting the application. In this case, the applicant is obliged to bear the responsibility established by the legislation in this area.

If you do not make changes to the charter or do not submit them to the appropriate supervisory authority within the time limits prescribed by law, then administrative fines may be imposed on the managers, owners and participants of the company.

In connection with the indicated difficulties in the process of formalizing changes, applying and submitting relevant documents to state bodies, it is best to seek the services of professional lawyers. The specialist will prepare the necessary documentation and provide full support for the introduction of amendments to the charter in the Republic of Belarus. In this case, the procedure will take place in a short time, as professional paperwork will protect the company from various risks and fines.

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