Constituent documents of legal entities

The creation of any legal entity is a process consisting of many stages. One of them is the preparation and preparation of constituent documents of CJSC, LLC and so on. Without these securities, no organizational and legal form can be dispensed with. It should be noted that the constituent documents of the IP as such are not required.

Let's understand, finally, with what these documents are, and why without them an organization can not be registered.

Constitutive documents of the CJSC are documents that specify 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 stipulates that the constituent documents are a memorandum of association, the articles of association, as well as an agreement on the establishment. 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 is usually indicated in it? It describes how participants of a 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 must necessarily contain 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. We will remind once again that a legal entity can only engage in the business that is provided for in its charter. For no reason to go out, no one has any right. There is a need to change the type of entrepreneurial activity - 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.

Correctly to make the constituent documents, as well as to make any changes to them, lawyers will help. Do not save on their services! After all, documents, drawn up not according to the rules, can become a source of many difficulties!