Deputy Managing Partner Anatoliy Perepelchenko on bringing the charter in line

Deputy Managing Partner Anatoliy Perepelchenko on bringing the charter in line

Author

Perepelchenko Anatolii

Today the issue of bringing the statutes of limited liability companies into compliance with the current legislation is urgent.
It should be noted what mandatory provisions the statute must contain in accordance with the updated law
1) The main mandatory provisions that must contain the statute is the full and abbreviated name of the legal entity.
2) The size and procedure for the formation of the authorized capital of the company.
3) Organizational and legal form, purpose and subject of the company.
4) Purpose, composition of founders and participants
5) Distribution of profits and losses
6) The procedure for joining and leaving the company
7) Conditions of reorganization and liquidation of the enterprise
8) Management bodies of the company, their composition, competence
9) The order of issues on which unanimity is required, 3-4 votes or a majority

The obligatory bodies of the company are defined as: the general meeting of participants or founders and the executive body - the director

The Supervisory Board is not a mandatory body of the company and can be established only at the request of the founders

It should be noted that such a body as the Audit Commission, the updated legislation does not contain at all and its creation is not mandatory

Limited liability companies operating on a model charter are required to switch to their own written charter by January 1, 2019, in accordance with the new legislation.

If you need legal advice on bringing the statute in line with the new legislation, contact Prikhodko & Partners.