Creation of Legal Entities
Creation of legal entities is the service that Corporate Lawyer has accumulated a huge amount of experience in. Our company offers its services for the creation of legal entities on standard conditions when there are no specific requirements for management bodies, contributions in the authorized capital and other individual parameters. We also provide services for the creation of legal entities integrated into large holding structures or those with foreign investments.
Legal entities are created both through their foundation from scratch, and the reorganization of legal entities.
Choosing a form of business ownership
When creating a legal entity, the advantages and disadvantages of various forms of business ownership applicable should be correctly evaluated for each particular situation.
Corporate Lawyer specialists help our customers to choose the best form of business ownership for newlycreated legal entities taking into account various factors, for example: the ownership structure of the entity being created, the structure of participants and distribution of their shares in the authorized capital, the number of participants, requirements to the management system, etc.
Estimation of the authorized capital value, the value and structure of founders’ contributions, the property transferred to the entity being created, etc.
When creating a legal entity, irrespective of its form of business ownership, it is important to estimate the value and structure of the property transferred by the founders to the entity being created. Numerous factors including whether this entity actually needs this property and the distribution of votes and future profit between the founders (participants), which mainly depends on the volumes of their contributions, must be taken into account.
Estimation of legal entity management bodies and their competence
Competent and justified formation of the legal entity management bodies and the distribution of their authorities will make it possible to manage the legal entity efficiently and taking into account its participants’ interests to the maximum possible extent.
Creation of a legal entity by foreign founders
Creation of a legal entity by foreign founders is associated with specific difficulties. This is due to the potential movement of capital through the border of the Russian Federation and necessity to legalize foreign documents. There are also other specific features related to the creation of Russian legal entities with foreigners’ participation.
Taking into account the requirements of the anti-monopoly legislation and corporate standards
The creation of holding (managing) or intra-holding legal entities adds additional requirements to the qualification of the specialists dealing with it.
In particular, the creation of entities of this type is often connected with the necessity to take into account antimonopoly legislation requirements. For a legal entity which is a part of a holding, it is also important to include clauses concerning limitation of executive bodies, authorities, and other clauses complying with the corporate policy into the incorporation documents.
Registration of agreements between the founders
If there are special agreements between the founders of a legal entity, our specialists help to register them correctly and create the respective documents.
Special features related to joint-stock companies
If joint-stock companies take part in the creation of a legal entity, information about them, if required, is disclosed according to the legislative requirements.
Analysis of the planned operations regarding whether licenses or permits are needed
If the legal entity being created carries out any types of activities that are subject to obtaining a license, additional requirements to this legal entity are taken into account as early as possible in the phase of its preparation for the state registration.
Taking into account other specific features related to legal entity creation
When needed, work permits for foreigners are obtained and the property transferred to the legal entity’s authorized capital is estimated.