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 a closed company, LLC and so on. Not a single legal form can do without these papers. Note that the constituent documents of the IP as such are not required.
Let’s finally figure out what kind of documents these are and why an organization cannot be registered without them.
The constituent documents of a closed joint-stock company are documents that state what activities the organization will specialize in, as well as what rights the participants have, what contribution they made when they were created, and what rights they will have in the future. Legal entities cannot calmly and freely switch from one type of activity to another, since for this they first have to register all changes in their most important documents.
Article 52 of the Civil Code of our country states that the constituent 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 is usually indicated in it? It outlines how participants in a legal entity should act at the time of establishment, what responsibilities 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 precisely their type.
Any constituent document must necessarily contain information that allows you to quickly determine which organization it belongs to. The thing is that it should reflect information about the location of the organization and so on. These documents are generally presented with general requirements, but there are also 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 apply.
There are not so few requirements for the charter. The most important thing is that it contains information about the goals of the organization's activities and how exactly these goals will be achieved. Let us remind once again that a legal entity can be engaged only in that entrepreneurial activity, which is provided for by its charter. Nobody has any right to go beyond any boundaries. There is a need to change the type of business - make changes to the charter and re-register it. Also, the charter contains information on the authorized capital and so on.
The memorandum of association, for the most part, refers specifically to the situation of the parties themselves.
Lawyers will help to draw up the constituent documents, as well as correctly make any changes to them. Do not save on their services! After all, documents that are not compiled according to the rules can become a source of many difficulties!