Company Registration & Next Support

In the Civil Code there doesn’t show an exact amount for the charter capital of the LLC. In principle, it can be any amount starting 1 of Azerbaijani manat. For LLC the state registration fee remains unchanged 11 manats and it is paid through the bank.  Generally, for the company’s registration, the entrepreneurs should submit 6 documents to the registration office. It should be noted that the application form and a document confirming the legal address of the company must be certified in advance by the notary.  (see border 1). Although the notarial certification of the the application form is required in the Law on State Registration, so there is no the requirement of proof of the company’s legal address. However, Article 146 of the Civil Code requires owners do this.

    1. The entrepreneurs should submit only 6 documents for the registration of their business.
      • Application form (notarially certified). In the application, there have been shown the following:
      • If the founder is individual: his name, surname, father’s name, place of residence, identification document (serial, number, date of issue, issuing authority, validity period, address);
      • If the founder is a legal entity: his name, legal address, registration number;
      • If the application is signed by an authorized person: his name, surname, father’s name, place of residence, identification document (serial, number, date of issue, issuing authority, address) and power of attorney.

 

  1. The founding documents – founder or charter approvedby the authorized representative of the founder, decision on establisihing of that organization and approval of its charter.
  2. Bank receipt confirming the payment of the state registration duty;
  3. If the founder is a legal entity: its notarially certified copy of state registration certificate and charter (extract state registration); If the founder is individual: a copy of document confirming his identity;
  4. The document (notarially certified lease, free use of the contract, confirming the use of the legal address of the object) confirming the address of organization for getting legal entitiy status or a document confirming the right of ownership on the object;
  5. A  a copy of his identity in case of the appointment of a legal representative. According to the Law on State Registration, if there are no deficiencies or grounds for refusal, the decision to issue the certificate of registration should be given within three days of the date of approval of common application form. If there has been considered the restrictions to the date of approval application, the law does not define the “silence – consent” principle. (According to this principle, if the person who submitted required documents within the prescribed time does not get refused answer he is considered to be fulfilled all the registration requirements). The registration office has presented to applicant extract from the state registry of legal entities and registration certificate. The applicant should inform the registry service about any errors or discrepancies within 3 weeks after getting extract from state registry. Thus, the new legal system for business registration key features includes:
    • A single application form is satisfying the requirements of several bodies;
    • The two-paged standard form of the company’s charter can be easily obtained from local registration offices and website of Ministry of Taxes.  
    • Fee structure is simple and transparent;
    • Duties are paid through banks without any payments to government officials;
    • the only direct contact with government officials is taking place in notary offices and “One window” system points of MoT;
    • Except the cases of submission of company’s complex and comprehensive charter, in other cases, there is no need the services of a lawyer or mediator;
    • TINis used as a unique identification number for all purposes;
    • the state registry in MoT is completed within 3 days but as a whole, the registration process is completed in 8 days;
    • The taxpayer registration is conducted as part of the state registration.

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