Evading registration of changes in the founders" documents threatened heavy fines

Baku/20.12.13/Turan : Parliament of Azerbaijan adopted on 17 December changes in AR Law "On State Registration and State Register of Legal Entities ," which caused a negative reaction among non-governmental organizations . However, the new statute, which is aimed at the head of state approval , reflects not only the position of tightening requirements of state registration of local and international NGOs, but also commercial entities .

According to the supplement to the Act, to changes in the founders' documents and facts made ??in the state register of legal persons , shall enter into force only after their state registration. Legal entities may not work on non- registered data. In case of non-registered data of the legal entity , it is called to account , but it does not prevent registration provided changes.

Milli Majlis in parallel introduces an addition to the Code of Administrative Violations. The Code was supplemented by a new article 200-2. According to it, in case of not providing treatment within the time and manner of the founder's made ??to change documents , as well as changes in the facts of registration of legal persons , officials can be fined from 1,000 to 2,000 manats , legal entities - from 2500 to 3000 manats .

Cases of failure to submit changes founders' documents in Azerbaijan is not rare . For example , one of the founders of Khatai Tikinti Mekhanizasiya in Baku Nizami Aslanbekov told Turan that in 2010 the general meeting of shareholders decided, according to which the share capital has been reduced. The fact has been registered by the State Committee for Securities in the registry of the securities issue . However, the board of JSC for unknown reasons still not applied to the Ministry of taxes to make changes to its charter. Thus, there are two conflicting data on the size of the authorized capital of JSC Khatai Tikinti Mekhanizasiya - 502 thousand and 427.5 thousand manats.

Note that in AR Law "On State Registration and State Register of legal entities" also made to provide for the delivery of print change in name of the legal entity , branches and representative offices of foreign legal entities . Otherwise, the change is not reflected . In addition, in the state register of legal entities will reflect information on the location of the permanent organ of the legal person . - 08D-

 

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