Limited Liability Companies

Can I register my company in the community CEO? Customers wishing to register a company, often ask the question – is it possible to register a company in the community CEO? According to paragraph 2 of Art. 4, Art. 32 of the Federal Law of 08.02.1998 N 14-FZ 'On Limited Liability Companies' society is determined by the location of the place of its registration. State Registration of Society performed at the location of the permanent executive body, said in a statement on the registration and the absence of such an executive body – the location of the other body or person having the right to act on behalf of the company without a warrant (Section 2, Art. 8 of the Federal Law of 08.08.2001 N 129-FZ "On State Registration of Legal Entities and Individual Entrepreneurs").

Thus, the location of the society meets the location of the permanent executive body (the sole executive body (Director, CEO) or he also has a collegial executive body (board, directorate)). Capabilities determine the location of a limited liability company at the place of residence of the person performing the functions of individual executive body, confirmed by case law. Resolution of the Federal Volga Region of 01.10.2009 in case N A12-3976/2009 '… In this case, grounds for refusal to register company' LOOP 'were the findings of the inspection that presented in Abramov VA application for state register the address of the registered legal entities: Volgograd region, the Volga Str. Karbysheva on 129 square meters. 28. This address matches the address of residence of the founder of society – Abramov, VA and a living space – apartment in a multi-apartment building. These arguments inspection rightfully rejected by the courts and appellate courts to force the next.

By virtue of paragraph 2 of Article 54 of the Civil Code of the location entity determined by the place of its registration. The state registration of legal entity shall be the location of its permanent executive body, in the case lack of a permanent executive body – a body or person authorized to act on behalf of an entity without a warrant. Article 40 of the Federal Law of 08.02.1998 N 14-FZ 'On the societies Limited 'provides that a sole executive body is the director. From these rules it follows that Abramov VA, which is the only member of the society and its general Director, rightly pointed out the address location of the company – the location of the permanent executive body (the director of the society). In such circumstances the courts of both instances made the correct conclusion about the lack of inspection of the grounds for refusal of an entrepreneur to register a legal entity, and therefore lawfully granted the application requirement, recognizing the decision of the Inspection 02/03/2009 unlawful. Link inspection at the point 1 of Article 17 of the Housing Code of the Russian Federation, Article 288, paragraph 2 and paragraph 2 of Article 671 of the Civil Code of the Russian Federation was rejected by the court of appeal, because the data is not the law regulate the legal dispute, but only indicate the purpose of housing and provide the right legal entity for use of premises for residence. In view of the arguments inspections can not be taken into account because they are based on an incorrect interpretation of the law on registration of … ' Analysis of judicial practice and the practice of registration of the LLC makes it possible to make a confident conclusion that the registration of a company in the community the general public is possible.


View all posts by