Incorporation (Unified State Register of Legal Entities). Extract from the register enterprises for ERRPOU

• full and abbreviated name of the organization in Russian (also, in a number of cases, the proprietary name in English),
• organizational and legal form of Yul,
• legal address (location),
• information on the status of a legal entity
• organization management (information about persons entitled without a power of attorney to act on behalf of a legal entity),
• information about the founders (participants),
• information about the registry holder (for joint stock companies),
• the size of the authorized capital of the organization,
• information about the size and nominal value of shares in the authorized capital of the Company owned by the Company and its participants,
• information on the transfer of shares or parts of the share of a deposit or about their burden,
• information about the person carrying out the management of the share moving in the order of inheritance
• information about branches and representative offices,
• information about the activities of the organization (main and additional),
• information about licenses issued
• information about finding the reorganization in the process
• information about finding in the liquidation process
• the method of termination of activities for liquidated Yul,
• proper information - for legal entitiesCreated as a result of the reorganization of other legal entities for legal entities, in the constituent documents of which changes are made in connection with reorganization, as well as for legal entities that have ceased operations as a result of reorganization,
• an identification number taxpayer (INN) and information about accounting in the tax authority,
• information about registration as an insurer in the territorial body of the Pension Fund Russian Federation (PF of the Russian Federation) and in the executive body of the Social Insurance Fund of the Russian Federation (FSS RF),
• information that a legal entity is in the process of reducing its authorized capital,
• date of registration of changes made to the constituent documents, or, in cases established by law, the date of receipt by the registering authority of the notification of changes made to the constituent documents.

Extract from the EGRULA is an excerpt for basic information about this legal person (with the exception of some personal data on individualsah, which are provided only to authorized authorities) from the EGRULT OF THE FTS RF.

Unified State Register of Legal Entities (EGRUL) - Federal information resource, containing general systematic information about all legal entities engaged in entrepreneurship in the territory of the Russian Federation, as well as, in some cases, the organizations are eliminated and under the liquidation. Registry maintained by the Federal Tax Service of Russia (FTS RF) through the territorial bodies. In accordance with the legislation of the Russian Federation, the EGRUL is open and publicly available.

The information contained in the statement from the Incorporation is key to checking the counterparty and, along with other documents, can confirm the right of ownership, the rights of the founders or management of the Organization to conclude contracts and the commission of other legally significant actions on behalf of the legal entity (Yul), and also give Valuable information on the status of HR and the overall reliability of the counterparty.

Several major types of extracts are distinguished:

Normal (electronic, informational) extract from the register - Contains basic open and publicly available information from the register. It does not contain the passport details of the founders and leaders of a legal entity, as well as information about bank accounts of the organization.

You can get an extract from the register online and can be completely free to the site, the data is updated daily from the official source (FTS RF), the document will be fully identical to that statement that you can download on the official tax site (egrul.nalog.ru). Information is always relevant to the current date.

Extended extract - contains full information, Including the passport details of the participants of the legal entity and its leader. It is provided only to authorities, courts, state extrabudgetary funds. Such a document is also provided to the tax authority to a legal entity or his representative about him.

Official extract from the register - certified by the FNS seal and the document received in the tax authority. It is a numbered and stitched printout on several sheets with the seal of the tax authority.

As a rule, business is not possible without partners. However, it is not possible to deal with proven and convenient suppliers or customers, and not always - it is often originally partner selected by criteria, far from legal nuances - price, efficiency, availability, etc.

By entering into a contract, its parties become counterparties and legal relations appear between them. And although the current judicial practice considers each of the counterparties as independently responsible for the results of its activities, the practice of the activities of the regulatory authorities is to the opposite, trying to impose responsibility for some of the legislation of its counterparty on the conscientious side of the contract.

That is why getting the maximum possible information About the alleged partner before the conclusion of the transaction should be an axiom for any business.

Today everything more information The enterprises and organizations are becoming available in electronic form on the sites of executive bodies and other resources. Checking the counterparty using such resources can be divided into several stages:

Check the civil capacity of the legal entity and its management bodies

The Civil Code of Ukraine (Art. 203) defines a number of requirements for the reality of the transaction. Among others, we are interested in one of the most fundamental - the presence of a business-based transaction (legal entity or entrepreneur) of civilianship.

This is the first and main stage of the counterparty check. After all, if he has no indicative capacity, the transaction may later be recognized as not valid, with all the resulting from this not pleasant (to put it mildly) consequences

Civil capacity - this is the ability of a person with their actions to acquire rights and obligations, and for business entities, such legal capacity is confirmed by their state registration withUnified State Register of Legal Entities, Individuals and Civil Studies (hereinafter - EGR ) The main data on the registered entity. The specified registry is currently the most important and full source of information when checking the counterparty.

The registry is quite easy to use,enough To know either the identification code of the business entity or the full or abbreviated name of the legal entity / FULL NAME.

In addition to confirming the very fact of registration (the date of which is directly and indicates the time of the emergence of the capacity of the business entity), the registry contains a number of important data relating to the counterparty, namely:

Information about the leader of a legal entity, as well as restrictions that are available in the latter when presenting the interests of a legal entity

This information is extremely important for checking the counterparty, because Often, the owners in the company's charter establish restrictions on the transaction amount, which the manager has the right to conclude without additional agreement with the owners of the company.

Importance this moment Determined the fact that the transaction concluded by the headc. An excess of these powers, subsequently, it can be as approved by the owner of the company, and is challenged the latter, which will entail its invalidity.

- information about the size of the authorized capital of the business entity

Authorized capital - This is a minimum property, that He is the property of a business entity and at the expense of which the claims of creditors can satisfy. If the authorized capital is small or absent (in private enterprises it may not be at all), then the creditor requirements may remain without satisfaction.

For the sake of justice, we note that the presence of authorized capital in itself is not a guarantee of the return of creditors' funds, since the authorized capital can be sent by the company to current financing of economic activities, and actually be in the same debt, only receivables. And yet information on the size of the authorized capital, and, more importantly, the degree of its formation (it can be submitted at the time of registration of a legal entity not fully) - an important and valuable source of data on the future partner.

- information about participants and beneficiary owners of society

Taking into account the increase in the amount of data and development of "digitizing" of individuals, this information It can also be extremely useful, especially when comparing with various "black lists" of financial institutions and social networks.

Information about the project entities open to the subject: procedure of bankruptcy, termination of activities, open operations

The importance of this information is explained by the fact that companies in bankruptcy or liquidation procedures are seriously limited in their capacity. In addition, if the alleged partner is declared bankrupt, this suggests that he has serious problems in calculating creditors. It is logical to assume that with counterparties on a new deal may occur similar problems.

Thus, the USR contains the most complete and useful information For someone who wants to check the two counterparty. However, other possibilities exist for a more complete check.

Licenses and permissions

If, in accordance with the legislation of the work / services, in respect of which a contract is subject to licensing, it is important to check the accuracy of the information provided by a partner regarding the existing permits.

Today in open access AvailableUnified Registry of Licensors :

If counterpart - construction companyThe license information can be clarified on the state archbudine website:

You need code, name or license data.

From 01/01/2017, information on permissive documents and licenses can be clarified in EGR, but this year the unified source of obtaining the search data, unfortunately, does not exist.

Court decisions

By itself, information on the presence of current judicial disputes with the participation of a counterparty has limited value, since disputes can be of different nature and in different subjects. It is important that the essence of the dispute is important - if the conclusion of a serious deal is assumed, and in court there is a dispute about the fulfillment of obligations by the counterparty for other previously concluded transactions, then it is worth thinking whether such a situation will arise in the execution of a new treaty; At the same time, the presence, for example, a dispute about the material or disciplinary responsibility of counterparty workers may not have a significant value when evaluating it as a reliable and conscientious party under the contract.

More detailed information On litigation disputes, allowing to analyze their possible impact on the counterparty business, is available:

On thethe official website of the Higher Economic Court of Ukraine:

​ http://vgsu.arbitr.gov.ua/pages/157

On this site you can clarify the data on open topotential Partner of bankruptcy procedures, as well as meaning with the texts of decisions and notifications of the court regarding the counterparty.

- in Register of court decisions :

As a rule, this registry does not contain a complete list of procedural documents on the case, but information on the maturity of the case, as well as its outcome, is quite real.

The only disadvantage of this registry is not a regular update - procedural documents are entered into it a few days after the actual adoption.

Tax status

No less important is checking the counterparty tax status . In this case, the registers of the State Fiscal Service (GFS) will help, which have long been a source of information for lawyers, accountants and managers.

The key to the use of these registries is to update information in them almost in real time - therefore, by the efficiency and relevance of information, other sources are difficult to compete with them.

Linkhttp://sfs.gov.ua/businesspartner. You can check the blesshood of tax payments to the business partner.

The data of the registers of VAT payers and the payers of a single tax should be checked at the date of each payment of the counterparty.

Of course, the issue of good faith in this case is somewhat one-sided and is the position of the fiscal service, which the company can challenge, and often challenge completely reasonably, but the interpretation of the data received is already a matter of decision when concluding the transaction.

These are the main open sources of information. Between Those, a number of important Data concerning the company's property and its operations may be included in closed registers, access to which are notary and lawyers for special keys. Thus, the main data on the partner can be checked independently, the same one who wants to have a comprehensive and most detailed idea of \u200b\u200bthe counterparty, it makes sense to seek advice into a legal company that will be able to check the counterparty promptly and most fully.

senior lawyer

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