New charter for PUE
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|numberномер from 2016 year|
This new version of the Charter was prepared in connection with
1. General provisions
1.2. The owner of the property of the Company is
1.3. The company is privately owned.
1.4. Company name:
1.4.1. Full name:
- in Russian:
- in Belarusian:
1.4.2. Abbreviated name:
- in Russian:
- in Belarusian:
1.5. Location of the Enterprise: Minsk, Nezavisimosti avenue 166, office 12.
1.6. From the moment of its state registration, an enterprise is a legal entity in accordance with the legislation of the Republic of Belarus, on the right of economic management it has separate property transferred by the Founder, has an independent balance sheet, bears independent responsibility for its obligations, can acquire property, rights and perform duties on its own behalf, be a plaintiff , by the defendant, a party in judicial and other authorities, open, close and dispose of settlement, currency and other accounts in authorized banks, have seals, stamps, including corner stamps, with their name, trademarks (service marks), letterheads, and other means of individualization and attributes necessary for the implementation of activities.
1.7. The enterprise carries out its activities in accordance with the legislation of the Republic of Belarus and international treaties in which the Republic of Belarus participates, as well as this Charter.
1.8. The property of the Enterprise is indivisible and cannot be distributed by contributions (shares, shares), including among the employees of the Enterprise.
1.9. The property of the Company is the property of the Founder and belongs to the Company on the basis of the right of economic management.
1.10. The enterprise is responsible for its obligations with all property belonging to it.
1.11. The Founder of the Company is not responsible for the obligations of the Company, and the Company is not responsible for the obligations of the Founder, with the exception of cases stipulated by law. If the economic insolvency (bankruptcy) of the Enterprise is caused by the Founder or other persons, including the Director of the Enterprise, who have the right to give instructions binding on this Enterprise or otherwise determine its actions, subsidiary liability is imposed on such persons in the event of insufficiency of the property of the Enterprise for its obligations.
1.12. An enterprise has the right, with the consent of the Founder, to act as a founder of enterprises in the Republic of Belarus and abroad, to participate in joint-stock companies, limited liability companies and other business companies and partnerships, associations and organizations on the territory of the Republic of Belarus and abroad, subject to the conditions stipulated by the applicable law. the territory of the Republic of Belarus by legislation and the relevant legislation of foreign states.
1.13. The enterprise has the right, with the consent of the Founder, to create representative offices and branches both on the territory of the Republic of Belarus and abroad. Representative offices and branches are endowed with the property of the Enterprise and act on the basis of the provisions on them approved by the Director of the Enterprise.
1.14. In the event of the creation of separate divisions (representative offices, branches) of the Enterprise, the latter is obliged to enter information about the separate divisions in the Charter.
1.15. The enterprise at the time of state registration of amendments to the charter
2. Subject and objectives of the activity
2.1. The company was created for the purpose of conducting business activities aimed at making a profit.
2.2. The types of activities for which it is necessary to obtain a permit (license) are carried out by the Company only after obtaining the necessary permit (license).
2.3. The enterprise has the right to carry out foreign economic activity in accordance with the legislation of the Republic of Belarus.
3. Statutory fund
3.1. The authorized capital of the Enterprise is 1000 (one thousand / one thousand) Belarusian rubles.
3.2. The Founder of the Enterprise forms the statutory fund by making
3.3. The authorized capital of the Enterprise is formed within 12 months from the date of state registration of the Enterprise by means of the participant's contribution of funds.
3.4. The authorized capital of the Enterprise can be increased (decreased) by the decision of the Founder.
3.5. An increase in the authorized fund can be made at the expense of additional contributions of the Founder, the profit of the Enterprise and other sources provided for by the legislation of the Republic of Belarus.
3.6. If the Founder makes a decision to reduce the authorized capital, the Enterprise is obliged to notify its creditors in writing. In this case, the creditor of the Enterprise has the right to demand the termination or early performance of the obligation, the debtor of which is the Enterprise, and compensation for losses.
4. Enterprise management
4.1. The procedure for managing the activities of the Enterprise is governed by the relevant provisions of this Charter and the current legislation of the Republic of Belarus.
4.2. The Company is managed by the Founder and Director of the Company in accordance with their competence established by the legislation of the Republic of Belarus, the Charter and the agreement between the Director and the Company.
4.3. The Founder has the right to control the activities of the Company, receive profit from the activities of the Company, receive information about the activities of the Company, get acquainted with the accounting and reporting data and other documentation.
4.4. The competence of the Founder includes:
a) approval of the Charter of the Enterprise, amendments and additions to the Charter;
b) determination of the main areas of activity of the Enterprise;
c) appointing the Director of the Enterprise, concluding, changing and terminating an employment agreement (contract) or civil law agreement with the Director, transferring the powers of the Director to the managing organization (manager);
d) determination of the size, sources of formation and the procedure for using the funds of the Enterprise;
e) determination of the directions of use of the Company's net profit;
f) resolving the issues of reorganization and liquidation of the Enterprise, including the appointment of a liquidation commission (liquidator), determination of the procedure and terms of liquidation, approval of the liquidation balance sheet, deed of transfer and separation balance sheet;
g) making decisions on the establishment and termination of the activities of representative offices, branches and other structural divisions, as well as subsidiaries;
h) making decisions on the participation of the Enterprise in commercial and non-commercial organizations;
i) making decisions on the purchase of real estate by the Enterprise;
j) making decisions on the sale of immovable property belonging to the Enterprise, renting it out, pledge, on making it as a contribution to the statutory fund of economic societies and partnerships and on another method of disposing of this property;
k) exercising control over the intended use and safety of the property belonging to the Company, making a decision on the seizure of property from the Company in the manner and in cases stipulated by law;
l) approval of the charter of the subsidiary and the appointment of its head;
m) making decisions on any other issues related to the activities of the Enterprise, taken for its consideration.
The issues specified in subparagraphs "a" - "m" of this paragraph refer to the exclusive competence of the Founder.
4.5. The day-to-day management of the Enterprise is carried out by the Director appointed by the Founder or his authorized representative. A contract (agreement) is concluded with the Director for a period and on terms in accordance with the requirements of the legislation of the Republic of Belarus.
4.6. The Director independently solves all issues related to the activities of the Enterprise within the framework of the powers granted by the legislation of the Republic of Belarus, this Charter and the contract (agreement), with the exception of issues attributed by law and the Charter to the exclusive competence of the Founder.
4.7. Decisions of the Founder on the issues accepted for its consideration in accordance with subparagraph "n" of paragraph 4.4. of this Charter are binding on the Director.
4.8. Director of the Enterprise:
a) represents the Enterprise in relations with state bodies, business entities and citizens on all issues of the Enterprise's activities within the competence determined by this Charter;
b) ensures the implementation of the decisions of the Founder;
c) opens, closes in banks and disposes of current (settlement) and other accounts and has the right of first signature on the financial and administrative documents of the Company;
d) disposes of the property and funds of the Enterprise;
e) concludes contracts;
f) issues powers of attorney;
g) approves the staffing table;
h) carries out the hiring and dismissal of employees of the Enterprise;
i) issues orders and gives instructions that are binding on all employees of the Enterprise;
j) applies incentives to the employees of the Enterprise and imposes penalties on them;
k) organizes accounting and creates the necessary conditions for its correct conduct;
l) has the right to independently maintain accounting records and prepare reports;
m) resolve other issues related to the financial and economic activities of the Enterprise and not attributed by legislation or this Charter to the competence of the Founder.
4.9. The Director of the Company, within the limits of his competence, without a power of attorney, acts on behalf of the Company, including representing his interests and concluding transactions on his behalf.
4.10. The Director is responsible for the results of the work of the Enterprise, compliance with the requirements of the Charter, fulfillment of obligations to the Founder, the labor collective of the Enterprise. The Director regularly (at least once a year) reports to the Founder on the results of his activities as the head of the Enterprise.
4.11. The powers of the Director, by decision of the Founder, may be transferred by agreement to another commercial organization (managing organization) or to an individual entrepreneur (manager). The agreement for the transfer of powers of the Director on behalf of the Company is concluded and signed by the Founder or his authorized representative.
5. Property of the enterprise
5.1. The property of the Enterprise consists of fixed assets and circulating assets, as well as other values, the value of which is reflected in the independent balance sheet of the Enterprise.
5.2. The source of formation of the property of the Enterprise are: contributions of the Founder; income received from the sale of products (works, services), as well as other types of economic activity; income from securities; capital investments and subsidies from the budget; loans from banks and other lenders; other sources not prohibited by the legislation of the Republic of Belarus.
5.3. The property received by the Company from the Founder is the property of the Founder and belongs to the Company on the basis of the right of economic management. The company owns, uses and disposes of this property within the limits established by the Founder and the current legislation of the Republic of Belarus.
5.4. An enterprise is not entitled to sell real estate belonging to it on the basis of the right of economic management, lease it, pledge it, make a contribution to the authorized capital of economic societies and partnerships, or otherwise dispose of this property without the consent of the Founder. The rest of the property belonging to the Company, it disposes of independently, except for cases established by the Founder and legislation.
6. Distribution of profits
6.1. The profit received by the Company is the main generalizing indicator of the financial results of its production and economic activities.
6.2. The profit remaining at the disposal of the Enterprise after paying taxes and other payments to the budget and off-budget funds (net profit), which are obligatory in accordance with the legislation of the Republic of Belarus (net profit), shall be directed to the formation of the funds of the Enterprise, as well as for other purposes not contradicting the legislation of the Republic of Belarus, by the decision of the Founder. The Founder has the right to profit from the use of property that is in the economic jurisdiction of the Enterprise.
6.3. In cases established by the legislation of the Republic of Belarus, reserve funds are formed at the Enterprise. The size, sources and procedure for the creation and use of reserve funds are established by the legislation of the Republic of Belarus.
6.4. The enterprise can form other funds that are created and used in accordance with the legislation of the Republic of Belarus and the Charter of the Enterprise.
6.5. The company transfers the profit to the Founder in the manner and terms established by the Founder.
7. Accounting, reporting and control over the activities of the enterprise
7.1. The enterprise leads
7.2. The enterprise pays taxes, fees and other payments to the budget in the manner, amount and within the time limits established by the current legislation of the Republic of Belarus, taking into account the provided benefits.
7.3. The audit and control over the financial and economic activities of the Enterprise, its subsidiaries, branches and representative offices, the Director and other employees of the Enterprise is carried out in the manner determined by the Founder.
7.4. The audit of financial and economic activities is carried out at intervals established by the decision of the Founder. By the decision of the Founder or the Director, audits can be carried out by an audit organization or an auditor - an individual entrepreneur.
8. Labor relations
8.1. The enterprise independently determines the forms, systems and amounts of remuneration. Industrial, labor and related relations, including issues of recruitment and dismissal, work and rest regime, labor remuneration conditions, guarantees and compensations, are governed by the legislation of the Republic of Belarus, the Charter of the Enterprise, as well as local regulations in force at the Enterprise, labor contracts (contracts ) concluded with employees.
Founder ___________________ Susanin A.V.
Preparation of documents by a lawyer from 150 BYN
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- Preparation of documents for changes to the charter.
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- Consultation on changes to the charter;
- Accompanying in all government agencies or without the participation of the client by power of attorney;
- Preparation of documents for charter changes.
Change of address, name and other changes
Here are instructions on how to amend the charter, all the necessary documents and legal services.