Business problems with the location address

Business problems with the location address

The main recent changes concerning the law on state registration of legal entities and other related federal laws and regulations have affected the ways and forms of holding general meetings in Limited Liability Companies and Joint Stock Companies, which contributed to the adoption of effective decisions in the Companies partially or completely fallen under sanctions.

We would like to draw attention to the established practice of making changes in the part of the address of the location of the Company. At the moment it has changed completely, and if quite recently the obligation of the applicant was to "detail", for example, indicating the address with a floor and a specific room (which is logical in principle), now the information about the location and address of the legal entity, must consist in a structured form in accordance with the information contained in the State Address Register (SAR). Now according to part 1 clause 9 of federal law from 27.07.2010 № 210-FZ "About the organization of provision of the state and municipal services" (Law № 210-FZ) placement of information about the declared address in the Federal Informational Address System (FIAS) is included into the list of services which are necessary and obligatory for provision of the state and municipal services. And if information about your premises is absent in the State Address Register (SAR), the registering authority will make a decision to refuse state registration based on Paragraph 1, Article 23 of the Federal Law dated August 8, 2001 No. 129-FZ "On State Registration of Legal Entities and Individual Entrepreneurs".

Assignment of addresses to objects of addressing, their alteration and annulment, as well as placement, alteration, annulment of information on addresses contained in the State Address Register are performed by local governments, public authorities of the subjects of the Russian Federation - Moscow, St. Petersburg and Sevastopol, authorized to assign addresses to objects of addressing, unless their laws establish that these powers are exercised by local governments of inner city municipalities and municipalities of the Russian Federation.

In order to place information in FIAS about a declared address (let's consider the sequence of actions using the example in Moscow), the owner of this room is entitled to apply to the Department of City Property of Moscow for the provision of the state service. Requests for the provision of the state service are accepted on the official website of the Mayor of Moscow in the "Services" section. 

It is not a secret that the registering authority often make decisions on the unreliability of legal address, even in the conditions of the actual possession of the premises by the founder, manager, or the Company itself, and registration activities and bring the legal address into line and remove the record of unreliability in the Unified State Register of Legal Entities, with no address in the State Address Register (GAR) can delay for an indefinite period, which in turn can freeze the activity of the organization.

We recommend to monitor the correspondence from the tax authorities. You can check the details of your legal address on the website.