Deadlines for making contributions to the management company and consequences of non-payment
After funds are received into the company’s current account to pay the share, the credit institution, after receiving a request from the organization, draws up a certificate and submits it to the company.
After receiving confirmation from the bank about the availability of funds, the company can issue a certificate of payment of the share by the founder.
Company participants can pay for their shares in different ways.
Each of the proposed methods involves the issuance of a document that will confirm the deposit of money.
The document is drawn up in compliance with the rules of business style and office work standards. There is no specific legal regulation for this document.
Design on a simple sheet or letterhead is allowed. At the top of the page is written the name of the organization that issued it, the date of the document and the number.
To give the certificate legal force, the certificate must be filled out correctly. The main part should contain clear information:
- the name of the business entity (even if it is stated above in the form), this information is required for an unambiguous understanding of the legal entity issuing the certificate;
- Full name of the person representing the interests of the company;
- the document on the basis of which the company's representatives act (most often attributed to the Charter);
- Full name of the participant at whose request the certificate is issued, his passport details;
- the amount of the founder’s share is indicated in digital and letter designations;
- percentage of the founder’s share (it is possible to fix the share as a fraction if such a division is accepted in the company);
- the period for payment of funds, for a new organization the period cannot exceed 4 months from the date of registration of the enterprise with the tax service;
- documents confirming the fact of payment of funds.
An authorized representative of a legal entity signs the certificate and affixes a stamp if available.
Proceed to preparing documents It is impossible to register a limited liability company without the authorized capital of the management company. And the full formation of the capital of the LLC must be completed within the period established by the charter, but not exceeding four months from the date of creation of the company. Documents confirming the formation of the management company Confirmation of payment of the authorized capital of an LLC or a share in it may be needed not only by the company itself, but also by its participant.
Thus, without a document confirming payment of the cost of the fixed assets, the company will not be able to obtain certain types of licenses, for example, for the production of ethyl alcohol. And an LLC participant will not be able to sell it without confirmation of payment of his share. However, documents that can serve as confirmation of payment are not established in the legislation.
According to this letter, documents confirming payment of capital will depend on how it is paid. So, when depositing funds, it will be: A certificate from the bank, signed by the director and chief accountant of the banking organization, which confirms the deposit of money into the current account. Copies of primary payment documents issued when accepting cash.
Some accountants advise, on the basis of the constituent agreement, to open a special bank account in which deposits in the management company will be accumulated. After state registration of a legal entity, these funds are transferred directly to the current account of the newly created LLC.
When creating an organization, the founders can separately prescribe penalties for untimely contributions by individual participants to the management company. If, after the expiration of the term, he has not fully paid his obligations, then the part of his share not covered by contributions is sent to the ownership of the LLC and is divided among other participants.
When registering, you must indicate the amount of the capital, but documentary evidence of payment is not required. However, if the LLC plans to engage, for example, in the production of alcohol, then in order to obtain such a license you will still need to show that the management company was paid for by the founders. For this purpose, an extract from the current account, an acceptance certificate, a receipt for depositing cash into the cash register can be used.
In conclusion, we can say that the formation of a management company is a fairly clear procedure; the main thing is to comply with the payment deadlines. In some cases, a newly created LLC can even take advantage of tax benefits if all paperwork is completed correctly.
Credit sector consumer rights
From the legislative side, the client of a financial institution is completely protected. For example, if you want to find out the current situation regarding your debt obligations, for example, the balance of the principal debt, the amount of the current debt with all fines and penalties, or even order a full statement of payments made, no one can refuse you.
According to the Law “On Consumer Lending”, Article 10, every client of a bank or microfinance company can receive all the necessary information on current payments absolutely free of charge once every 30 days.
Another clause of the State Code of the Russian Federation, or rather Article 408, obliges the creditor, upon the first request of the client, when making the next payment, to provide the appropriate document, which is confirmation of partial, early-partial, full or early repayment of the debt.
Armed with knowledge of your own rights and obligations as a lender, you can calmly request a certificate of fulfillment of loan obligations. By and large, no financial institution will spend a lot of time providing such documents. The presence of such paper in your hands will definitely indicate that you no longer have any relationship with the creditor and your debt is completely closed.
The legislative framework
The need for a document, such as a certificate of payment of the authorized capital, appeared as a result of changes made to the Law “On LLC”, which came into force in 2020. These changes affected the following:
- transactions related to the authorized capital (for example, contribution, addition, sale or changes) are necessarily subject to notarial confirmation, as well as the presence of a certificate of payment of the share.
- When creating a company, it is necessary to contribute the authorized capital and confirm this fact with a special document - a certificate.
Sample on how to draw up an accounting statement
There is nothing complicated in compiling this paper. Let's consider, for example, a sample accounting certificate about the correction of an error, or, as it is called, reversal. In it, the accountant must outline the essence of the transaction, as well as the circumstances under which the error occurred. It is also necessary to write entries with corrections and indicate how this affected taxes. If there have been changes in their calculation, you need to indicate which updated reports need to be submitted. The chief accountant certifies the accounting certificate with his signature.
Only on the basis of such paper can an accountant make corrections in the General Ledger of the organization, where no corrections are allowed.
accounting certificate
Shares of participants in the authorized capital of LLC
If the number of participants in the Company is more than one, then the authorized capital is divided into shares. The size of the participant’s share in the authorized capital is determined as a percentage or as a fraction (for example, 50% or 1/2). The actual or effective value of a member's share corresponds to the same share (the member's proportionate share) of the value of the LLC's net assets. Those.
The maximum size of a participant's share, as well as the possibility of changing the ratio of participants' shares, may be limited by the LLC Charter. These restrictions may not apply only to individual participants. Such restrictions may be provided initially, when the Company is created, or may be introduced, amended or completely excluded from the Charter in the Charter in the future. The decision to make such changes to the Charter is made at the General Meeting of the LLC by all participants unanimously.
General procedure for the formation of additional capital
According to the Instructions for using the Chart of Accounts, the credit of account 83 “Additional capital” reflects:
- the increase in the value of non-current assets, revealed by the results of their revaluation, - in correspondence with the asset accounts for which the increase in value was determined;
- the amount of the difference between the sale and par value of the shares, received in the process of forming the authorized capital of the joint-stock company (upon the establishment of the company, with a subsequent increase in the authorized capital) through the sale of shares at a price exceeding the par value - in correspondence with account 75 “Settlements with founders”.
The difference between the sale and par value of shares can also be formed due to a positive exchange rate difference in the case when contributions to the authorized capital are made in foreign currency and during the period from the moment the shareholder’s debt is recognized until the moment of payment, the foreign currency exchange rate against the ruble has increased.
