Procedures to be followed in connection with the change of information of commercial and public legal entities

Legislation:

Civil Code of the Republic of Azerbaijan, Law of the Republic of Azerbaijan "On State Registration and State Register of Legal Entities".

Changes to be registered:

Applications for state registration of commercial and public legal entities change the following information:

Name of commercial and public legal entity;
In the constituent documents - information in the charter of the legal entity and its decisions on the formation of governing bodies;
Name, surname, father's name of the leader;
Legal address;
Organizational and legal form;
Fiscal year;
Name, surname, patronymic, citizenship and place of residence of each founder, if the founder is a legal entity, his name, legal address and registration, name, legal address, taxpayer identification number (where in case), if the founder is a municipality - name, legal address of the municipality, taxpayer identification number;
Name, surname, patronymic, citizenship and place of residence of each legal representative;
In a limited partnership - the amount of yeast for each limited agent;
In a limited liability company or a joint stock company - the amount of authorized capital, the amount of capital of each founder, the name, surname, patronymic and place of residence of each member of the board of directors (supervisory board), if established;
In a public legal entity - the amount of the charter capital, the amount of property transferred by the founder, the name, surname, patronymic and place of residence of each member of the board of directors (supervisory board), if established.

Application form:

Paper (of course or by mail)

Tax authority where the application is submitted:

Tax authority where the application is processed:

Taking into account the territorial principle, the Department of State Registration of Commercial Legal Entities of the State Tax Service of the Nakhchivan Autonomous Republic, the Department of State Registration of Legal Entities of the Main Department of National Revenues of the State Tax Service (the Department of State Taxes) Registration and accounting divisions of branches and representative offices of legal entities, financial-industrial groups, banks, investment funds, insurance and auditing organizations), Taxpayer Service and Transparent Tax Partnership Departments of the Main Department of Territorial Taxes (commercial legal entities with foreign investment and except for their representative offices and branches, financial-industrial groups, banks, investment funds, insurance and auditing organizations).

Tax authority where the application is submitted:

Procedures to be performed:

For registration of any changes in the constituent documents of commercial and public legal entities, as well as any subsequent changes in the facts registered in the state register of legal entities, no later than 40 working days from the date of the change " on state registration "or" On registration of a public legal entity ". The application must indicate the change and the documents confirming the change must be submitted. The following documents shall be submitted during the state registration of the fact of change in the information in the charter of a commercial and public legal entity:

Application;
Decision of the founder (founders);
Amendments to the Charter;
Document confirming the identity of the new founder (s) in the event of a change of founder;
Document confirming the new legal address in case of change of legal address;
Document confirming the authority of the authorized person when the application is submitted.

The following documents are submitted during the registration of the next change of the facts registered in the state register:

Application;
Decision of the founder (founders);
Identity document in case of changes in the composition of governing bodies (head, members of the board and supervisory board);
Document confirming the authority of the authorized person when the application is submitted.

Failure to apply to the registration authority within 40 working days shall result in liability under Article 405 of the Code of Administrative Offenses.

During the state registration of the fact of renaming of commercial and public legal entities, along with the above-mentioned documents, the stamp and certificate of these legal entities must be submitted to the registration authority. In case of loss of the seal, an announcement published in the press and a certificate issued by the Ministry of Internal Affairs of the Republic of Azerbaijan on its absence must be submitted.

Cases of refusal to register the change:

State registration of the change may be refused in the following cases:

If the submitted documents contradict the Constitution of the Republic of Azerbaijan, the Law of the Republic of Azerbaijan "On state registration and state register of legal entities" and other legislative acts;
If the information provided in the application and (or) the documents attached to it are incorrect.

Period of state registration of the change:

If the submitted documents do not contradict the requirements of the legislation, the registration body shall register the change within 5 days.

Changes registered without application:

The following information on commercial organizations and public legal entities is obtained and registered directly by the registration structures of the State Tax Service:

Changes in the constituent documents and registered facts by acts of the President of the Republic of Azerbaijan and the Cabinet of Ministers of the Republic of Azerbaijan;
Changes in the information in the identity documents of the registered facts.

Changes in the constituent documents and registered facts of state-owned or state-owned legal entities Based on acts of the President of the Republic of Azerbaijan and the Cabinet of Ministers of the Republic of Azerbaijan, information on identity documents of citizens of the Republic of Azerbaijan was obtained online from the Ministry of Internal Affairs On the basis of the information, it is registered by the registration structures of the State Tax Service within 5 days.

Note: Registration of changes in the constituent documents of the representative office or branch of foreign legal entities in the Republic of Azerbaijan and the facts registered in the state register In the order of registration of changes in information of commercial and public legal entities is implemented.