36 standard charters for organizations: benefits and possibilities of application
The Ministry of Justice recently approved model charters for organizations. Neither more nor less, but exactly 36. Both newly registered organizations and existing LLCs can use standard forms. We will understand what it is and who needs a standard charter
For the first time, the opportunity to register an LLC and work in the future according to a model charter was introduced by federal law of June 29, 2015 No. 209-ФЗ. But companies could not take this opportunity because of the lack of typical forms themselves. However, from June 24, 2019, this prerogative will be granted to them. On this day, the order of the Ministry of Economic Development of August 1, 2018 No. 411 (registered on September 21, 2018), which lists 36 forms of model charters, comes into force. What is he like? This is an electronic document that does not require notarization, subsequent modification and registration. It does not need to be printed and stored in a safe at the location of the control.
The decision to use the model charter, as well as to refuse it, is taken at the general meeting of participants (by decision of the sole participant).
Changing or abandoning the current paper charter after the introduction of standard forms is not required. The application of a model constituent instrument is a right, not an obligation, of a company. However, if the company wants to switch to the standard form, it must notify the tax inspectorate thereof by submitting a statement and decision of the participants (sole participant).
What are its main advantages? They are obvious:
Simplification of the LLC registration process, as you do not have to draw up the main constituent document.
Universality, given the lack of individual information about the Company in the text (name, legal address, amount of authorized capital), when changing them, it is not necessary to amend the charter or provide its new edition. It is not necessary to change the charter when modifying the legal regulation of the company.
The electronic format is convenient and reliable.
Statutes differ among themselves by a combination of the following norms:
Existence of a participant’s exit from the LLC.
Features of the alienation of the share.
The need for notarization of decisions of the general meeting of the company and the composition of participants.
The procedure for the election of the executive body.
Considering that the Ministry of Economic Development has become generous and immediately approved 36 standard forms, any LLC will be able to find the most appropriate charter for its activities.