The creation of any legal entity is a process,consisting of many stages. One of them is preparation and drawing up of constituent documents of CJSC, LLC and so on. Without these securities, no organizational and legal form can be dispensed with. Note that the constituent documents of the IP as such are not required.
Let's get to the bottom, finally, with what kind of documents, and why without them an organization can not be registered.
The constituent documents of the CJSC are documents inwhich specifies what activities the organization will specialize in, as well as what rights the participants have, what contribution they made when creating, and what rights they will have in the future. Legal entities can not safely and freely switch from one type of activity to another, because for this they previously have to register all changes in their most important documents.
Article 52 of the Civil Code of our country states thatconstitutive documents are a constituent agreement, a charter, as well as an institution agreement. Note that the latter in most cases is not used or is used only during the creation of a legal entity, and then is canceled. What does it usually indicate? It specifies how the participants of the legal entity should act at the time of establishment, what duties and rights they have.
It is important, by the way, to say that certain non-profit organizations use specific provisions instead of constituent documents that are common to institutions of their type.
Any constituent document mustcontain information that allows you to quickly determine which organization it belongs to. The point is that it should reflect information about the location of the organization and so on. These documents are generally subject to general requirements, but there are special requirements for organizations engaged in specific activities.
In most cases, the constituent document of a legal entity is its charter. Together with it, a memorandum of association may also operate.
There are not so few requirements for the charter.The most important is that it contains information about the objectives of the organization's activities and about the way in which these goals will be achieved. Let's remind once again that a legal entity can only deal with the entrepreneurial activity that is stipulated in its charter. For no reason to go out, no one has any right. There is a need to change the type of business - make changes to the charter and re-register it. The charter also contains information on the authorized capital and so on.
The constituent treaty, for the most part, refers specifically to the position of the participants themselves.
It is right to draw up constitutive documents, andIt is also correct to make any changes in them will help lawyers. Do not save on their services! After all, documents drawn up not according to the rules, can become a source of many difficulties!
