Today we have to find out what a legal address is. The thing is that recently in Russia new rules for registration and re-registration of entrepreneurs and organizations have begun to apply. In them, the indicated term began to play an important role. Therefore, it is worth paying attention to it. The established laws now force the allocation of a legal address for organizations. This has never happened before.
What did this innovation lead to? And what features should entrepreneurs, as well as legal entities / heads of organizations, be prepared for? Nothing really happened. Understanding a legal address is not so difficult. And change it, in accordance with the new rules, too.
Old concept
The first step is to pay attention to what definition of the specified term was given earlier. There is no exact terminology. No state has found similar concepts. Therefore, the legal address takes place only in Russia. But what is he like? Previously, this term characterized the actual place of registration of an organization or individual entrepreneur. That is, this address allows you to maintain feedback with management. It can be said that this is the main branch of the organization. If we are talking about an IP that works for itself, then you should not think about what a legal address is. Usually they indicate the place of registration of a citizen. There is nothing incomprehensible.
In other words, this term is the permanent location of the organization in which you can contact the head. Most often used as a determination of the actual address of the company (in the absence of branches) or, as already mentioned, the head office. But all this is not fixed at the legislative level. And since 2014, now you have to clearly understand what a legal address is. But the changes regarding the registration and re-registration of this component took effect in 2016. So how can one characterize this concept now?
Modern interpretation
Since 2014, some changes have come into force in Russia. They introduced amendments to the Civil Code of the Russian Federation. From this period, the separation of the organization’s location and legal address began.
So, location is the region in which a state-owned enterprise or individual entrepreneur is registered, indicating the municipality (city) in which the organization is located in Russia. In fact, this term refers to the region of registration. And what is a legal address? An exact definition is still not given. But at the same time, the Civil Code of the Russian Federation indicates that the address of the legal type is the exact location of the place of communication with the head. This may be the home address or location of the head office.
But there is a simpler formulation. The determination of the legal address is currently characterized by the data indicated in the register. These coordinates will be considered as the specified term. All other addresses are the actual location of certain branches.
Definition Issues
So why so clearly understand the differences between these terms? Since 2016, the procedure for changing the legal address and location has been changed in Russia. Previously, there were no significant differences in these procedures. Therefore, it is worthwhile to clearly understand what procedure to prepare for.
There is one huge snag - this is the problem of determining the actual address of a legal entity. Especially when it comes to small companies. The tax authorities verify the compliance of the actual location of the company with its legal address. If the corporation does not have branches, then you have to make sure that these components coincide.
Is there any reason to be afraid of responsibility if the company’s actual and legal address is different? Officially, no. The legislation does not provide for any sanctions. But the tax authorities may require clarification from the head of the enterprise.
Penalties can only be when the actual and legal addresses are in different areas. In such situations, you can wait for the punishment for not tax registration. And nothing more. In reality, such measures usually do not take place.
New rules - new features
Now a little about the procedure for registration and change of legal address. Recently, as already mentioned, these procedures have changed a bit. From now on, it is necessary to indicate in the Unified State Register about the forthcoming change of address. And the location including. Previously, only the first paragraph was enough. Accordingly, depending on what will change, location or legal address, the procedure will require one or two steps. Read more about them below.
The main thing is that the re-registration procedure is followed. Otherwise, you can expect a fine from the tax authorities. And, of course, this service will not accept documents for tax registration without information about the change of address prescribed in the register.
These are not all changes. The charter does not require any information on changing the legal address if the location remains the same. But when the city of registration changes, you have to worry about the fact that the constituent documents and charters contain information about the changes.
About the procedure for replacing a legal address
How is the change of legal address? The instruction is not so complicated. If you do not plan to change the settlement, then everything is much simpler than it seems. The order of implementation of the idea takes place in just one step, but in several stages. How exactly? To change your business address:
- Draw up a statement of changes in the established form. Form No. P140001 is required.
- Collect a specific list of documents and attach them to the application. A full list of papers will be presented a little later.
- Submit documents to the tax office and wait for the receipt of the record sheet on amendments to the USRLE.
That's all. No state fee or amendments to the charter and constituent documents are required. Thus, the registration of a legal entity remains exactly the same as before. But this, again, when it comes to maintaining the location of the organization. What if it changes?
Location change order
Then, as already mentioned, you will have to go through several stages. But if you worry in advance, then you can easily re-register the procedure.
If the location of the company changes, how does the change of legal address take place? The instruction may look like this:
- First stage. An application is made to change the legal address and certain documents are collected.
- State duty of a certain size is paid.
- All papers are submitted to the tax authority at the location of the organization.
- After a certain period of time, you can pick up confirmation of changes in the register.
- Second phase. The USRLE contains data on the change of location of the corporation. Since the decision is made, no more than 3 working days should pass.
- The tax authority makes the relevant information on the basis of the decision and transfers the specified information to the territorial tax authority where a new registration is planned.
- 20 days after the data transfer, it is required to collect a certain package of documents and contact the tax office in the new region with them.
- The tax service verifies the accuracy of the securities and company information provided.
- If there are no complaints, the organization is registered in a new place. The procedure is allocated no more than 5 working days.
That's all. There is nothing difficult or special. That is, the legal address first changes, and then the location. This is the 2 upcoming stages. But what documents will be required in this or that case?
Documents for registration within the region
In fact, everything is not as difficult as it seems. The legal address (a sample thereof will be presented later) changes without difficulty. The procedure was described earlier. What documents are needed?
To change the legal address without changing your location, you must provide the following papers:
- Identity card of the head.
- Statement of the established form in the form P 14001.
- Protocol on the decision.
- Documents certifying the rights to real estate (to a new location) - certificate of ownership, lease / rental agreement.
That's all. So there is a change of legal address. Step-by-step instructions will help you not to get confused in the process. And what papers are required if it is a matter of changing the location of the company?
Documents when changing location
There are not as many papers as it seems. Only, as it is not difficult to guess, there will be more of them than when re-registering a legal address within the same settlement. For changes you need to bring:
- Applications on forms P13001 and P14001 (first, the second is submitted).
- Protocol on the change of legal address.
- Charter and constituent documents with amendments in several copies.
- Receipt of payment of state duty (800 rubles).
- Documents establishing rights to the new premises.
First, as already mentioned, form P14001 is submitted with a decision to change the legal address. Then all the rest of the paper.
Examples
Now it’s clear that the legal and actual address must match. And the procedure for changing the address in one case or another is known. Not so hard as it seems. But how can one distinguish a location from a legal address?
It is worth considering the situation by example. There is a company LLC SpetsStroy. It is located in the city of Sovetsk, in the Kaliningrad region, on Ivan Susanin Street, at 30. Here Sovetsk is the location, ul. Ivan Susanin, d. 30 - legal address.
Easy and simple. The main thing is to understand how to change the place of registration in a particular case. Then there will be no problems. Registration of a legal address and its change are not such difficult procedures.