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Who can be an applicant for the company registration in Russia?

19.03.2009

In accordance with Government Decree of the Russian Federation (19.06.2002 # 439) an Applicant shall submit the documents to the registration body directly or sent by post with declared value and list of enclosure.

Legislation enables the following persons to be an applicant during company incorporation:

  1. A head of a constantly operating executive body of the registered legal entity or other person authorized to act on behalf of this legal entity without power of attorney;
  2. A founder (founders) of the legal entity at its establishment;
  3. A head of the legal entity that is a founder of the registered legal entity;
  4. An administrator in bankruptcy or head of liquidation commission (liquidator) at liquidation of the legal entity.

For making changes – only the General Director can be an applicant and may submit documents to the registration body.

POA were cancelled and in order to submit documents directly to the registration body and then to receive them an Applicant must come to the Russian Federationand to stay here at least for 2(two) working days. It is possible to send documents by state post, but there are precedents when the post office  has lost all documents and it was necessary to receive duplicates.

On the August, 1 2006 The High Court of the Russian Federation admitted that cancellation of POA is illegal and does not correspond to provisions of law. But until recently, Government Decree is still in force and the registration body receives documents only from the abovementioned applicants.

This requirement of legislation is not possible to overcome without additional procedures.

In the event, when there is no possibility for participants to file documents directly, there are two options to overcome restrictions in the law:

1)  To purchase a Ready-made company. To receive control in such company it will be necessary to make an additional registration procedure (to change the general director, address, participant, charter capital, name, bank etc.)

2)   To register a company initially with Alps & Chase employee as a participant and General director. Then it can be possible for a person to make registration changes on real participants and General director.

It should be noted, that in other CIS-countries (for example – in Ukraine, Kazakhstan and others) POA are acceptable for compаny registration procedures.


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