How to open a legal entity in Belarus. Algorithm for registering a legal entity in the form of an LLC and a unitary enterprise (PEU) Documents for opening a PE in Belarus

This is the performance of all actions to create a company WITHOUT Founders. Those. You have entered into an agreement with us, provided powers of attorney, other necessary information and then we do everything. Currently, in Minsk, a turnkey PUE registration service is widespread, when you prepare documents and assign a lawyer to accompany you to the registration authority, and at best also to the bank. We believe that such a registration service also takes place, but does not make practical sense for the client. Therefore, we recommend that you take this nuance into account when analyzing prices for registration services.

In this article, you will find detailed and step by step instructions on registration of a private unitary enterprise independently. The information is not presented legal language which makes it more accessible and understandable.

The primary task for a novice businessman is the decision to choose the form of a legal entity for the future enterprise. It is impossible to give an unambiguous answer to the question: “What is better to open? Private Unitary Enterprise, LLC, ALC?”, since certain forms of ownership have different legal properties that are suitable for certain goals and objectives. If you have not yet answered this question, we strongly recommend that you read the information on the page "Forms of legal entities". By clicking on the link, you will find articles about the forms of business entities that can be registered on the territory of the Belarusian state, and their differences from each other. From loyalty decision, to a certain extent depends on the success of the business started, since legislative acts different conditions for doing business are provided for various organizational and legal forms (taxation, choice of legal address, etc.). This article will consider the registration of a Private Unitary Enterprise (hereinafter referred to as PUE) from making a decision to starting work with the first client.

We prepare a package of documents

So, you have decided to register a PUE. For the correct and fastest implementation of this procedure, it is necessary to prepare the following documents:

1. The decision to establish a PUE.

This document is required to create a temporary bank account.

2. Certificate of approval of the name of the legal entity.

Required to create a charter. To obtain such a certificate, you must apply to the city (or regional) executive committee with a statement. As a rule, the name is agreed on the day of the application.

3. Letter of guarantee for the provision of a legal address.

Any enterprise must have a legal address. If you do not own property suitable for these needs, then you need to think about renting a room with the provision of a legal address. After a suitable landlord is found, you can take a letter of guarantee from him stating that he undertakes to provide premises after the registration of the enterprise. This document is required to create a charter and guarantee the lease after incorporation.

4. Charter in 2 copies and 1 electronic copy.

After the name of the future company is agreed upon, and the legal address is determined, you can begin to create a charter (information is entered into the charter). This is the most important document because on the basis of which the organization operates.

5. Receipt of payment of the state fee in the amount of 5 base units.

You can pay upon application to the registration authority.

6. Application of the established form for registration.

It is also filled in upon the fact of the appeal.

7. Order on the terms of payment of wages.

This document is required to open a current account. Please note that not all banks require it. If you have decided in which bank a current account will be opened, it makes sense to clarify whether they need this order.

This is a comprehensive package of documents that must be prepared before applying for registration.

Formation of the Authorized Fund and opening of a temporary account

Choice suitable bank quite a responsible stage of registration of the private unitary enterprise. Different banks offer completely different terms of service for legal entities. We recommend that you carefully study the offers from banks and choose the most suitable for your activity. Even before applying to the registration authority, it is necessary to form the Authorized Fund: determine the size of the authorized fund, open a temporary bank account and deposit funds. When contacting the bank, you will be provided with all the necessary information and documents for this operation.

Contacting the registration authority

After collecting the documents, we contact registration authority. We provide the following documents: Charter in 2 copies + 1 electronic copy, application, receipt of payment of the state fee. On the same day, you can receive the Charter with a seal, which confirms the fact of registration. Within five working days, the company will be registered with other authorities (FSZN, Belgosstrakh, IMNS), and you will be able to pick up all the documents necessary for further work.

Ordering a print

After applying to the registration authority, it is necessary to make a seal of the enterprise. To do this, you need to contact the organization that carries out such activities. In order to order the production of a seal, it is necessary: ​​Charter with a stamp of the registering authority (original), a statement from the director of the PUE (can be written during the appeal), a sketch of the seal signed by the director (also created upon the fact of the appeal). Usually the seal is prepared within a few days, however, for an additional fee, the seal can be made within a few hours.

Opening a current account

After you have made a seal, you need to open a current account. To do this, we apply to the bank (in which a temporary account was opened) with a statement.

Documents required for this procedure: A copy of the Charter (it is possible without notarization), a card with a sample signature of the director and a seal (issued at the bank when applying).

The above actions are all that can be done until all the documents from the registration authority are ready. After five working days, we contact the registration authority and pick up a package of documents. After that, we can assume that your company has passed the state registration.

For full-fledged work, you need to visit a number of government agencies. Listed below are the names of organizations and a package of documents that must be prepared before the first visit.

IMNS (tax authority).

As a rule, during the first visit to the tax authority, you must take the following package of documents with you: a copy of the certificate of state registration (necessarily certified by the director), a copy of the Charter (also certified by the director), a copy of the director’s passport (pages 31, 32 must be certified), a copy of the decision to establish a PUE, a copy of a document from the executive committee confirming registration with a tax authority, an application for a simplified taxation system (if such a taxation system is chosen), two binder folders, a book of inspections and audits (stitched and sealed, on We indicate the director on page 46. This book can be purchased in free sale). In the tax authority we receive a book of comments and suggestions.

FSZN (social protection fund).

The list of documents that is required for the first visit to the Social Security Fund after the registration of the enterprise: a copy of the certificate of state registration (mandatory certified by the director), a copy of the company's charter, a copy of the director's passport (pages 31, 32, also certified), a copy of the decision to establish a private unitary enterprise (certified ), a copy of the order on the timing of payment of wages.

Belgosstrakh

We call Belgosstrakh and clarify the package of documents that must be provided, because. in different regions may require various documents. As a rule, you need to provide information about the director. Also here the manager needs to undergo training on "Labor Protection".

From all of the above, you can form the following optimal course of action:

1. We agree on the name of the company. We get a certificate.

2. We find a tenant for a legal address, take a letter of guarantee.

3. We are preparing a "Decision on the creation of a private unitary enterprise."

4. Choose a bank and open a temporary account.

5. Decide on the type of activity.

6. We enter the information received into the Charter.

7. We go to the executive committee and register the enterprise (we take a passport, a charter in two copies + an electronic copy, a certificate of approval of the name, a decision to create a private unitary enterprise, pay the state fee, and write an application there). On the same day, one copy of the Charter is stamped with state registration. Within 5 days at the executive committee we receive: a certificate of state registration and a package of documents on registration with the Social Security Fund, tax authorities, Belgosstrakh.

8. While we are waiting for documents from the executive committee, we order a seal (we take the original charter, copy the title and first page, write an application there and form a sketch of the seal).

9. After making the seal, we open a current account (we take a passport and a copy of the charter with us).

10. We collect documents from the executive committee.

11. We arrange a meeting with the tax inspector and go to the Tax Inspectorate with a package of documents.

12. We are preparing an order on the "Terms for the payment of wages."

13. We go to ISZN with a package of documents.

14. We go to Belgosstrakh with a package of documents.

After performing all the above steps, we can assume that organization is registered and is ready to accept the first client. Successful business to you!

Process registration (opening) of a private unitary enterprise consists of a number successive stages, whose positive result is prerequisite follow-up actions, and in general, PUE registration in Belarus. Our lawyers hope that the prepared article will be useful and will answer many of your questions: How to open a PUE in Belarus?».

Opening of PUE: name

Name approval is the first step in registration, which consists of a general and a special part:
- a common part:

1. indicating the form of ownership (republican, communal, private). In the case of the creation of a private unitary enterprise by a legal entity, the use of the word "Private" is prohibited from 05/01/2013;
2. reflecting the nature of the work (trade, transport, production, and so on);
3. indication of the organizational and legal form (PUE, JSC, ALC).

- a special part, placed in quotation marks and individualizes the company ("Orion", "Jupiter").
The general and special parts form the full name of the company. For example, a citizen decides open a private unitary enterprise for trade, then the name of the company will look like: “Private trade unitary enterprise “Vector-North””. Abbreviated: "private enterprise "Vector-North"". The name of the company opened at the expense of the property owned by a legal entity will look like: full name - “Trade Unitary Enterprise “Jupiter””; abbreviated - "unitary enterprise "Jupiter"".

Violation of these rules, as well as other conditions provided for by law, is the basis for refusal to agree. It is possible to check whether the name you have chosen is free or it is registered (reserved). To do this, go to the website egr.gov.by, which accesses the USR database. If the proposed and available options match, the approval will be denied.

When the name is prepared, you should apply with a corresponding application to any registration authority (department of justice) in Belarus (not subject to state duty). From a practical point of view, preparing several names before going through the approval process will help avoid having to go through it again. Controversial situations arising in the course of this procedure are resolved by the Ministry of Justice of the Republic of Belarus. In case of a positive decision, a certificate of approval is drawn up, which is valid for 1 month.

Registration of legal entities in Belarus of any form of ownership and organizational and legal form (private enterprises - UE, LLC, ALC, OJSC, CJSC, cooperatives, institutions). Legal assistance for changes and additions to founding documents, reorganization (transformation, separation, separation, merger, accession) of legal entities.

tel.: +37529 779 91 52 MTS
tel.: +37529 327 92 85 Velcom

PUE registration: legal address

Having agreed on the name of the organization, it is necessary to determine the location of the PUE, in other words, it is necessary to decide where the legal address will be located, since the legislation provides for specifics regarding its location. By general rule the legal address is located in a non-residential premises (office), however, a PUE can also be located in a private housing stock (house, apartment) in the following situations.
1. The founder is registered and lives in an apartment (house under a lease agreement):
— the owner (co-owners) of the premises agreed to the placement of the PUE;
2. Residential premises owned by the founder:
- there is the consent of the co-owners of the premises;
- the persons living together have expressed their consent.

When PUE registration at the place of residence owner will pay public Utilities and make other deductions in an increased amount, which will allow fully recovering the economically justified costs of their provision. At the same time, it is forbidden to engage in production, to provide services in such a dwelling, bypassing the procedure for transferring to non-residential.

Registration (opening) of PUE: decision on creation, charter

Having passed the previous stages, it is possible to start developing and approving the charter, the decision to create a PUE, the questionnaire and application for registration. The charter is drawn up in accordance with the rules of office work (notarization is not required) and includes the following information:
goals and procedures for managing activities;
legal address;
other information.

According to latest changes legislation, it is not necessary to prescribe the types of activities in the charter, however, in the application for registration of a private unitary enterprise, as before, they should be indicated with an accuracy of 5 digits according to the national classifier. Under the main activity, it is worth indicating the priority direction of work, with the presumably highest revenue. The charter can provide for the right of the director to keep accounting and draw up reports.

Before registration, in preparation decision to establish a PUE. This decision is drawn up independently and contains information about the founder, as well as:
Name created organization;
the size, sources and procedure for the formation of the statutory fund;
legal address;
other information.

If a citizen has restrictions on the exercise entrepreneurial activity, as well as if the founder has circumstances that do not allow establishing commercial organizations - registration (opening) PUE will be impossible. The registration authorities do not check the compliance of the documents submitted for registration with the law. All responsibility for providing reliable information lies with the founder. The activities of organizations registered using deliberately provided false information are considered illegal and prohibited. In such a case, by decision of the economic court, the registration is declared invalid, and all income received after the opening of the PUE is subject to collection in state revenue.

Registration of a PUE in Belarus: statutory fund

According to the decision on the creation (opening) of the PUE and the approved charter, the authorized capital is formed before registration. The legislation does not contain requirements regarding its size, which is why this question resolved by the individual.

The authorized capital of a PUE in Belarus is formed from the property owned by the founder, and represents money, securities, property rights, other property. To confirm the value of a non-monetary contribution, you must go through independent evaluation. When the statutory fund is formed in whole or in part in cash, then they are transferred to a temporary account. To open it, the bank submits:
- an application for opening an account (usually an application form is available at the bank).
— decision to establish a private unitary enterprise;
- the passport.
Application confirmed Money receipt of enrollment, account statement.
Due to the fact that this money has a designated purpose, it can be transferred to the settlement account of a registered organization, or returned in case of refusal to register, or due to refusal of a person open PUE .

PUE registration: registration fee in Minsk, Belarus

Prior to the registration of a PUE, a state duty is paid, the amount of which, as a general rule, is three basic units (450,000 thousand rubles). In the case of opening a 2nd and subsequent enterprise dealing with commercial activities by one person (except for enterprises engaged in production), the duty is increased by twenty percent.
State duty for PUE registration in Minsk paid to the account of the Main Directorate of the Ministry of Finance for the city of Minsk on account No. 3602101000006, Branch 500 of the Minsk Department of Belarusbank JSC, bank code - 601, UNP 100626729, payment code (03001 - for legal entities, 03002 - for individuals). You can pay at any bank or post office. The payment document is a confirmation of the payment of the fee.

PUE registration: submission of documents

Having successively passed the stages of registration of a private unitary enterprise described above, a package of documents will be ready for PUE opening. Summing up, the following documentation will be in hand:
Two printed and stitched copies of the charter;
statement about PUE registration(signature to be put in the presence of an authorized person of the registering authority);
questionnaire of the founder (sheet A to the application);
Copy of the charter on electronic media (flash card, disk);
Document confirming the payment of state duty.

Registration of a private unitary enterprise in Minsk is carried out by the Department of Justice of the Minsk City Executive Committee. These documents are submitted personally by the founder of the PUE when visiting the registration authority at the proposed location of the opening of the organization. You must have a Belarusian passport with you. In the case of registration of a PUE by a foreign citizen, one should have a certified copy of an identity document with a translation into Belarusian (Russian) language with a notary notarizing the translator's signature. It is possible to entrust the registration procedure to a representative. In order to use the help of a representative, it is necessary to conclude an agreement on the commission of the commission and a power of attorney certified by a notary.

Registration takes place on the day the entire set of documents is submitted, after which one copy of the charter of the PUE with a registration mark is returned. After making an entry in the Unified State Register of legal entities and individual entrepreneurs PUE in Belarus is considered to be established. The certificate of registration of a private unitary enterprise will be ready no later than 1 working day.

It should be noted that the registration of the company in tax office, state statistics bodies, the Social Protection Fund, RUSP "Belgosstrakh" produces a registering body according to the area where the company is located. After 5 working days from the date of registration, you can receive a document that confirms the fact of registration.

In order for a registered private unitary enterprise to actually start working, it is required:
1) conclude an employment contract with the director;
2) hire an accountant;
3) make a seal;
4) open a PUE settlement account.

Private Unitary Enterprise or PUE- its abbreviated name, which is well-established in speech use, is one of the most popular organizational and legal forms of commercial organizations existing in Belarus. This form of legal entity is characterized by the presence of one owner, natural or legal person. It should be noted that both residents and non-residents of the Republic of Belarus can open a PUE in the Republic of Belarus.

The procedure for opening a private enterprise, as well as a company of a different organizational and legal form in Belarus, despite its apparent simplicity, is quite complicated and requires certain knowledge and experience in passing it. Registration of a PUE in Minsk is carried out by the Minsk City Executive Committee on the basis of documents submitted by the applicant and duly executed. Before applying for PUE registrations, certain actions must be completed, including agreeing on the name, preparing and approving the charter, etc.

When opening a private unitary enterprise on your own, you risk making a lot of mistakes, including those related to restrictions on participation in commercial organization, which in the future may lead to the recognition of state registration as invalid. Therefore, the most convenient and rational option is to register a PUE in Belarus with the help of qualified lawyers from RASHKEVICH & PARTNERS. We will perform this procedure professionally, efficiently and in the shortest possible time!

Stages of PUE registration

All stages of opening a PUE in Belarus can be divided into 3 groups:

1. pre-registration procedures;
2. direct application for registration;
3. post-registration procedures.

Pre-registration procedures include:

• consultation on the possibility of opening a private unitary enterprise;
• making a decision to establish a PUE;
• approval of the name of the enterprise, determination of its location (in cases specified by law, the location of a private unitary enterprise may be a residential building);
• preparation and approval of the charter of the PUE.

Registration of a PUE in Minsk is carried out by the Minsk City Executive Committee (Minsk, Pushkin Ave., 42). Registration of a PUE in another locality carried out by the relevant regional or district executive committee.

Post-registration procedures include:

• opening a current account;
• printing (if required);
• registration labor relations with the head of the PUE.
• support for obtaining an EDS.
• representation of interests in the IMNS, FSZN, etc.

How much does it cost to open a PUE in Belarus?

Basic costs associated with registration:

• payment of state duty - 25.5 BYN (~ 10 euros);
• production of a seal (if required) - 40 BYN (~ 15 euros);
• electronic key registration service digital signature for 12 months - 95.28 BYN (~ 40 euros).

Opening of a PUE in Minsk

Price legal support PUE registration procedure by RASHKEVICH & PARTNERS specialists is 150.00 Euro*.

Advantages of opening a PUE with RASHKEVICH & PARTNERS

• United under the RASHKEVICH & PARTNERS brand, lawyers have more than ten years of experience in creating and registering commercial organizations.
• We have earned the trust of well-known national and foreign companies "SERGE", "SDEK", "Onilab" and others.
• Adequate cost of legal services.

PUE is a commercial organization consisting of one participant with the right of ownership to assign property to the enterprise. That is, the property of the PUE belongs to the organization only on the basis of economic management rights. Unlike a society, the property of a unitary enterprise is not divided into shares; therefore, the sale of a private unitary enterprise (the main difference from an LLC) takes more financial costs and time.
However, the procedure for creating a PUE (as well as the procedure liquidation of legal entities) has a certain algorithm, without the positive implementation of which it is impossible to successfully register a PUE in Minsk.

How long does it take to register a PUE?

You can register a PUE using our services within 2 business days (registration with the executive committee and opening a current account). Would you like to urgently open a PUE in Minsk? Then I will help you solve the problem within one working day (together with opening a current account). The registration process of a turnkey PUE will take 5-7 days.

The service "Registration of PUE" consists of the following types help:

• consultation on all the subtleties and nuances of registration of an organization;
• approval of the name of the PUE;
• assistance in finding a legal address;
• preparation of the decision of the founder on the formation of a legal entity;
• preparation of the charter of the PUE;
• preparation of the decision of the founder on the appointment of the director and the approval of the charter;
• submission of documents for registration of PUE in the executive committee;
• print order;
• preparation employment contracts with the director and chief accountant, orders on their appointment, orders on the timing of payment of wages;
• assistance in the formation of the statutory fund and the opening of a bank account;
• provision of documents required for tax, FSZN, Belgosstrakh;
• registration of the book of audits and checks, comments and suggestions.

As a general rule, the legal address of a PUE should be located in non-residential premises. But one of characteristic features the establishment of a PUE in that the address of a new commercial organization may be a private housing stock (house or apartment) of the owner of the property of the PUE in cases where:

• the dwelling is owned by the founder;
• the founder of the PUE lives in this residential area permanently.

Both cases require the consent of the owner and all family members who live in this room and have reached the age of 18.

Do you want to start a business by opening a private unitary enterprise, avoiding possible problems and wasted time? I will be happy to advise you on all issues of interest, as well as quickly and successfully implement all stages of PUE registration on a turnkey basis.

If you need to register a PUE in Minsk or other regions of Belarus, call and I will provide the necessary advice on opening a legal entity, as well as complete all the stages of opening a PUE on a turnkey basis.