LawState and Law

Charters are the most important documents

What does the word "charter" associate with a layman? Correctly! With the army. But it turns out, the statutes are not only military codes of rules. This concept is generally prevalent in law. So, we can talk about the charters of societies, organizations and enterprises. Let's figure it out.

Statutes are legal acts

It is necessary to start with the fact that a set of certain rules, collected together and properly registered, is mandatory for execution by certain persons. That is, there is a legal norm. Thus, the statutes are normative documents. As a rule, they contain certain norms governing the activities of the education to which they relate. For example, the charter of a company is a document in which rules of activity, a management sphere, a management and so on are registered.

The Charter is the main document of the legal entity. Such a rule is recorded in the Civil Code of the Russian Federation (Article 52). According to this legislative act, the set of rules is approved by the founders (or individually). For example, a society should consider this issue at a general meeting. After discussion, it is approved by voting, most often direct. But in more complex cases, when there are many founders, they apply a more complex process, prescribed in the corresponding normative act.

What the Charter consists of

There can be no legal document drawn up on the basis of the thoughts and dreams of the authors. Statutes are vaults created according to very specific rules. So, they necessarily include information about the name, location (a specific address), the order of management of a legal entity. All of these data should be detailed, clear, with no abbreviations. If there is an abbreviation, for example, a name, then it is also prescribed. Data not included in the charter will not be considered official, therefore, they can not be used. Further information on the organization 's objectives, methods of its economic activities is presented.

In each specific case, when drawing up a document, it is necessary to rely on a sample of the articles of association (type), approved by the relevant regulatory legal act for a particular industry. Such documents are approved by the public administration body that regulates the policy in this direction.

Non-profit organization

There are some differences in drawing up the statutes of enterprises and institutions, proceeding from the nature of their activities. So, non-profit organizations, in case they are legal entities, necessarily form a similar set of rules. At the same time, they are legally required to declare goals and subject of their activity. Most likely, this is due to the influence that these organizations currently have on citizens. Departure from the object of activity can be regarded as non-compliance with the law and will entail the closure of the organization.

Charter of the joint-stock company

The rules for drawing up this document are regulated by a special law. It states that the charter is a constituent document. That is, its presence is necessary for the society to start its activities. All the rules entering into it are binding for the shareholders and the bodies established within the society. In addition to general information, the statute necessarily contains information on the number and categories of shares, the amount of capital.

The document describes in detail the ways and bodies of management, the timing of meetings. The main emphasis is on the presentation of shareholders' rights. However, they can be different for each group. It all depends on what kind of shares a person owns. The details are determined by law, so the document does not provide much room for creativity. It is necessary to understand that it is impossible to change or supplement the charter simply. Usually, a special procedure is prescribed in its text, under which changes are made. In addition, they must be publicly discussed at the general meeting.

Registration of the charter

But just writing the right charter is not all. Even the meeting of shareholders or members of the organization does not give legal force to the document. It becomes such only after state registration. It is carried out in accordance with Law No. 129-FZ of 08.08.2001. Only after this procedure a legal entity is considered created, can begin to realize its goals and objectives.

All the data specified in the statute are recorded in the state register. To change them, you must repeatedly contact the registration authority. There is a list of documents that need to be provided for proper registration. Among them - the charter, which is provided in two copies. The first is the original, the second is a copy certified by a notary. The latter remains in the registration authority for monitoring. The original is marked with a special kind, which indicates the passage and legality of the procedure. I must say that the state agency may refuse to register in accordance with the procedure established by law. The applicant is notified of this within five days. The decision is not final and can be appealed in court.

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