Starting a business, every entrepreneur is asked to choose the format of work. It can be different: from a private individual to a private enterprise. At the same time, the most familiar format of work for all is the introduction of business through the creation of a limited liability company - LLC.
Today we will dwell on the standard procedure of creating a limited liability company and dispel some myths associated with this procedure.
Myth №1. To create a limited liability company requires a large number of documents.
Not really. First of all, you need to prepare the charter, the decision to establish a limited liability company and fill out a registration application.
The Law of Ukraine "On Limited and Additional Liability Companies" will tell you what provisions must be contained charter of LLC. This is the name of the company, management bodies (director, meeting of participants) and their competence, the procedure for their decision-making, the procedure for joining the company and leaving it. Everything else is optional.
INarto dispel another myth, associated with the number of pages of the statute. In practice, there are often statutes of 15-20 pages, which simply copy the provisions of this law.
The standard charter of LLC can be placed on 4 pages together with the title :).
To the content decision to establish a limited liability company has no requirements at all. The main thing is that it was clear from the intentions of the founders to create a company. The decision should indicate: the name, location of the company, details of the founders, the size of the authorized capital and shares of the founders, the types of activities that will be carried out by the company.
A little about the main thing. No documents are required to confirm the location of the LLC. That is, everyone can register a limited liability company at any address. However, it should not be forgotten that this address may later receive mail from government agencies, and therefore the location must be real.
And one more. The size of the authorized capital is determined by the founders themselves and it can start from 1 kopeck. However, the initial authorized capital is the amount required for the operation of the business from the beginning of the LLC to the moment of profit. The amount, which is defined as the size of the authorized capital, does not need to be carried on the day of creation of the LLC. The founders may deposit these funds into the account of the LLC within one year from the date of establishment of the LLC.
Registration application can be downloaded from the official web portal of the Parliament of Ukraine - https://zakon.rada.gov.ua/laws. The Ministry of Justice periodically publishes memos that will tell you how to fill out this application.
The necessary documents are ready. It remains to notarize the signatures of the founders on the charter and the decision to establish a limited liability company and you can register a limited liability company.
Myth №2. It takes about a week or more to set up a limited liability company.
Once upon a time - maybe. For now, it's really possible to do it in a couple of days. The scheme of creation of LLC is as follows: preparation of documents - registration - account opening.
We talked about the preparation of documents, we move on to the next stage - registration. Few people know that you can register a limited liability company not only through a state registrar, but also through a notary.
To save time and nerves, it is better to consult a notary. Especially since you will still need to certify his signatures on the charter and the decision to establish a limited liability company.
Registration with a notary will allow you to choose a convenient time for all, and will give almost 100% guarantee that the company will be registered for the first time. Of course, for the services of a notary for the registration of LLC will have to pay extra.
Memo. You can register a limited liability company with any registrar or notary within the region (Kyiv) where the limited liability company is located.
Documents were prepared, brought for registration, and what's next? We wait 24 hours until everything is registered, take the statement from the registrar or notary and you can go to open a bank account.
And what about the tax, statistics, pension fund?
All these bodies automatically receive information about the new LLC at the time of its registration and take it into account, do not worry :).
Newly established LLCs often work not on a common taxation system, but on a single tax. To become a single tax payer, you also do not need to go to the tax office. You just need to fill in another page of the same registration application.
A little secret. You can register a limited liability company even online, without leaving home. You only need to have an EDS. You can train in the registration of LLC online by following the link https://online.minjust.gov.ua/modelnyiy-statut.
We will register a limited liability company, consult, prepare all the necessary documents
Myth №3. Ltd. must have a seal.
I would like to pay special attention to this point.
Ltd. is not required to have a seal!
Provisions on the mandatory seal have already been excluded from all laws. Therefore, if you are creating a limited liability company and do not plan to spend extra money and time on printing, remember this. If one of the contractors or government agencies requires you to affix the seal, feel free to say that such a requirement is illegal.
Myth №4. All documents about the company must be in paper form.
Extract from the register of legal entities, a certificate from statistics, an extract from the register of single tax / VAT payers, certificates of registration and so on - all this is the last century.
In the era of electronic document management and the existence of a number of open registers, we should forget about all these references in paper form.
It is enough to know only the identification code of the LLC and you can learn about it everything that will be indicated in those paper certificates.
Even the charter of the company is published on the portal of the Ministry of Justice in scanned form. Of course, in private access and to view or download it you need a code that is available to members of the company.
Therefore, you should forget about getting certificates in paper form and save yourself time.
So, we hope that with this article we have a little dispelled the veil of secrecy and complexity of the procedure for creating a company. If you do not want to deal with all the documents yourself, then the law firm Bargen is always ready to help you start your business.