Registration of a new business entity is a multi-stage, step-by-step process that requires some preparatory work. Until the relevant authorities apply, the founders of the new legal entity must conduct a number of organizational procedures and prepare a package of relevant documentation in accordance with the requirements of the Belarusian legislation. The procedure for registration of economic entities is fixed in Decree No. 1 of January 16, 2009 "On State Registration and Liquidation (Termination) of Business Entities"
As the main procedures, we can distinguish the following:
1. Coordination with the registration authority of the name of a commercial (non-commercial) organization;
2. Determination of the prospective location of a commercial (non-profit) organization;
3. Making a decision on the establishment of a commercial (non-profit) organization.
4. Development of constituent documents;
5. Payment of state duty for registration (in the event that otherwise is not stipulated by the legislation).
In accordance with the Regulation on the Procedure for the Harmonization of Names of Commercial and Non-Commercial Organizations, the following applicants can apply to the registration authorities for the coordination of names of legal entities:
in respect of legal entities created by the owner of property - an individual, - an individual or his representative acting on the basis of a power of attorney;
in respect of legal entities created by the founder - a legal entity - the head of this legal entity or other person authorized in accordance with the constituent document to act on behalf of the organization, or a representative of the founder acting on the basis of a power of attorney;
in relation to acting legal entities - the head of this legal entity, as well as another person authorized in accordance with the constituent document to act on behalf of the organization, or his representative acting on the basis of a power of attorney.
You can coordinate the name in one of the following ways:
by personal petition of the applicant to the registration authority (the applicant must produce a document proving his identity);
by sending documents by mail;
by providing the applicant with electronic documents in accordance with the established procedure (only for the founders - citizens of the Republic of Belarus).
The procedure for agreeing the name is free.
The decision to create a Unitary Enterprise is made by the decision of the founder, in contrast to the decision to create an LLC or ODL, drawn up by the minutes of the meeting of founders and the minutes of the constituent assembly.
In addition to the decision to create a business entity, at this stage it is also necessary to prepare and approve its charter. We advise you to approach this procedure very responsibly, because The charter should not contain a set of "extracts" from normative legal acts, but should be developed directly to each case individually and contain a clear procedure for doing so in a particular case, which will reduce the risks of corporate disputes.
The application for state registration is drawn up in accordance with the form established by the Ministry of Justice of the Republic of Belarus. The registration authority does not issue forms for the registration of business entities. The application forms can be downloaded on the Minsk City Executive Committee website - http://minsk.gov.by
When submitting an application for state registration, citizens submit identity documents and submit documents confirming their authorities, if they act on behalf of a legal or natural person. In case of representation of interests of a foreign legal entity, a copy of the notarized power of attorney is provided.
According to Appendix No. 22 to the Tax Code of the Republic of Belarus, the amount of the state fee for the implementation of the relevant registration procedures is tied to the established basic value (BV).
To date, it is:
1. a commercial organization (with the exception of a commercial organization in which the number of founders with disabilities exceeds 50 percent, a commercial organization created by a veterans' organization, a disabled society, and an agricultural production cooperative, a peasant (farmer) economy)
1 basic value
2. a commercial organization in which the number of founders with disabilities exceeds
50 percent of the commercial organization created by the veterans' organization, the disabled society, as well as the agricultural production cooperative, the peasant (farm) economy
0.8 of the base value
3. changes and (or) additions to the charter of a commercial organization (constituent agreement - for a commercial organization that operates solely on the basis of a memorandum of association), with the exception of a commercial organization in which the number