How to get an LLC?
Sooner or later, every businessman has a need to legitimize the work of his organization. Knowing how to create an LLC, you can begin to conduct the work of the organization on legal terms as soon as possible. Now there are enough firms that are involved in the registration of LLCs, however you can learn how to register an LLC yourself so as not to overpay other companies.
How to open an LLC in 2019 on your own?
Limited Liability Company is today the most common form of organizing activities. It is important to understand that an LLC can be created by an individual or a company, in which case the authorized capital of the LLC is distributed among the founders of the business, who are responsible in proportion to their part of the authorized capital.
It is important for those who decide to register an LLC about the Federal Law “On Limited Liability Companies” No ФЗ -14 dated February 08, 1998 and Federal Law No. 129 dated August 08, 2001 “On state registration of individual entrepreneurs and legal entities”
The main steps for registering an LLC:
1. Approval of the name of the organization. This process is regulated by article 1473 of the Civil Code, it contains requirements for the name of the company. In addition, the name of the company must contain the form of ownership (LLC, OJSC, ZAO). Also, if desired, you can register up to 6 names of the organization, including a short name in different languages.
2. Determining the number of business founders in order to form the authorized capital of LLC. This number can reach 50, the share of the founder of an LLC can be of any size, however, the total amount of the authorized capital of an LLC must not be lower than 10,000 rubles. The authorized capital of an organization can only be paid in money. If the founder of the LLC is not alone, it is necessary to choose a director. The order on the appointment of the director along with the minutes of the meeting should be added to the Charter of the organization. You will also be required to create an agreement on the establishment of an LLC.
3. Creation of the legal address of the organization. The legal address of the LLC may be the address of the premises owned by one of the founders or the address at which the general director of the LLC is registered. If the leased area is used as the premises for the legal address of the organization, when submitting documents, a letter of guarantee from the lessor and a lease agreement must be attached. Thus, you will need to document the legal address of the organization. In the case when you use the registration address of one of the founders of the LLC which the general need a copy of his passport with a registration and a copy of the certificate of ownership, as well as the consent of the owner of the house to create the LLC.
4. The choice of codes of activity of the organization. When registering a Limited Liability Company, you will need to choose from the codes of activity of the organization from the appropriate classifier. You have the opportunity to add up to 57 codes to the LLC registration application page. In this case, you can mark not only the current activities, but also those that you want to do in the future. In the application, indicate codes that contain from four digits. In this case, you must have selected the main code in the application for registration of LLC. When choosing codes, keep in mind that some of them belong to licensed activities.
5. Preparation of the Charter of the company. The charter of the organization is important when registering an LLC as a legal entity. In the Charter of the organization must specify:
Full and short name of the organization
Legal address (if necessary, also the actual address)
Governing bodies, regulations on which decisions are made and documents are made
The authorized capital of LLC, the procedure for increasing or decreasing it
Founders of LLC, the procedure for admission and termination of membership in the company
The charter of the organization must be printed in two copies, signed, numbered, stitched and certified with a seal.
There is the concept of “Model Charter of LLC”, it was introduced by the 52nd article of the Civil Code of the Russian Federation, samples of such Charter are developed by the Federal Tax Service of Russia. When such a Charter is used, it will be indicated when registering an LLC. Upon request, upon registration, the LLC can choose whether to use an individual charter or a standard one.
6. The definition of the tax system of the organization. Depending on the tax regime that you choose (USN, KSNO, UTII), tax records will be kept and reports will be submitted to the tax authorities. In order not to overpay and choose for the LLC exactly the mode that suits you, consult with a professional first.
Today in our country the following tax regimes have been adopted for LLCs:
OSNO – general taxation system;
STS – simplified tax system
UTII – a single tax on imputed income;
Unified agricultural tax – single agricultural tax;
Patent taxation system (suitable only for IP taxation)