Both individual entrepreneurs (IP) and various forms of legal entities do not have the opportunity to start functioning without special permission from state bodies. This article will deal with 129-FZ, which describes the process of state registration of represented persons.
What is the law about?
What provisions are governed by Federal Law 129-FZ? The answer to this question is contained in Chapter 1 of the normative act under consideration. It says about the rules of state registration of legal entities and individual entrepreneurs, as well as about their formation, reorganization and liquidation. The law establishes the requirements in accordance with which relevant documentation should be drawn up.
Which body is called upon to implement the state registration of the persons in question? According to Article 2 No. 129-FZ, such a body may be the federal executive authority authorized by the Government of the Russian Federation. It is also worth noting that a state duty must be charged for registration - a certain cash payment, the amount of which is established by law.
About state registries
The Russian government is obliged to form and maintain special information databases called registries. These databases contain all the necessary information about legal entities and individual entrepreneurs, about their activities, time of creation, amount of capital, etc. Information about the formation and liquidation of such persons must be entered into the appropriate databases. State registries are maintained both in electronic and paper form. In case of inconsistency of information in the two presented databases, priority will be given to paper media.
What information should the register about a particular legal entity or individual entrepreneur contain? Here's what to point out here:
- legal and organizational form of the person;
- full name, location and time of creation;
- the method of formation or reorganization of the person;
- information about the founders of the organization;
- special information about the succession, etc.
129- states that all state information bases containing information on individual entrepreneurs and legal entities should be open and public in nature.
About state registration
Chapter 3 No. 129-FZ refers to the process of state registration. According to the law, all registration processes must be completed within five days from the date of submission of the relevant documentation to the state authority. Registration is carried out at the location of the legal entity, and in the case of individual entrepreneurs, at the place of residence. Applicants may be the following persons:
- bankruptcy trustees;
- heads of the liquidation commission;
- founders of a legal entity;
- heads of permanent authorities of the executive branch, etc.
The relevant documentation can be sent to the registration authority both by e-mail and by direct delivery on paper. And when is registration considered complete? Article 11 of Federal Law No. 129-FZ "On State Registration of Legal Entities and Individual Entrepreneurs" refers to the time that information about the organization is entered into the state information base.
About refusal of state registration
According to Article 23 of the Federal Law No. 129-, the refusal to register a state type is allowed only in the following cases:
- submission of all necessary documentation to the authority where registration is not carried out;
- sending by the applicant of incomplete or incorrectly executed documentation;
- non-compliance with established notarial forms;
- non-compliance of the name of the individual entrepreneur or legal entity with the specific requirements of the Federal Law;
- submission to the registration authority of documentation that was signed by an unauthorized person;
- inconsistency of information in the document that certifies the identity of the citizen indicated in the information provided;
- failure by a legal entity to notify creditors in the event of liquidation processes or capital reduction procedures.
Federal Law No. 129-FZ also specifies some other provisions on when state registration will be prohibited.
On the responsibility of registration entities
Article 24 of the normative act in question refers to sanctions for possible violations. In this case, both parties bear equal responsibility: both the registering authority and the applicant. So, the state authority, called upon to register, is responsible for the unjustified refusal to register, as well as for the untimely fulfillment of its powers, violation of the registration procedure, non-inclusion of information about the organization in the relevant register, etc. In all cases presented, the registration authority will be obliged to reimburse damage.
Article 25 refers to the responsibility of the applicants. According to No. 129- "On state registration of legal entities and individual entrepreneurs", organizations and individuals are responsible for failure to provide or incomplete provision of information in the relevant state registers. Moreover, the state registration organization may apply to the court with a statement of claim for the complete liquidation of the legal entity or individual entrepreneur.
Appeal
Article 25.1 of the normative act in question refers to the possibility of appealing against the actions of the registering body, which, for a number of reasons, has not entered the regulations on the organization or citizen in the corresponding register. The complaint is submitted to the higher territorial registration authority. Moreover, an appeal may also take place in court, including in cases where the higher registration authority refused. The Supreme Court of the Russian Federation will be the last instance in the appeal process.
It is also worth talking about the latest changes in No. 129- that were introduced on July 29, 2017. Clause 7 of Article 7.1 deals with the procedure for recording information on the facts of the activities of legal entities in the register. Among the information provided should be information on the issuance of an independent guarantee. The exception is the relevant information issued by Vnesheconombank.