A wide list of documents is attached to the statement of claim to the arbitration court, the presence of each of which is a prerequisite for accepting the claim for consideration. In the absence of any attachment, the court will leave the application without progress, giving the plaintiff or the applicant a time limit to eliminate the deficiencies.
Instructions
Step 1
An application to the arbitration court must be accompanied by a notification or a postal receipt confirming the direction of the application itself and the attached documents to the defendant, other persons involved in the case. In the arbitration process, the parties independently fulfill the obligation to exchange documents, which is the reason for the indicated requirement.
Step 2
The second compulsory attachment to a claim or application to an arbitration court is a document confirming the transfer of the state duty in the amount established by tax legislation. The receipt or payment order can be replaced by documents confirming the availability of benefits in the payment of the duty, or by a request for a deferral or installment plan for its payment.
Step 3
The third group of documents attached to the application to the arbitration court is the evidence on which the plaintiff bases his claims. This category includes contracts, acts, certificates, letters and other documents that confirm the right to receive money or certain property from the defendant, substantiate other requirements of the applicant.
Step 4
The fourth annex to the claim is a certified copy of the certificate confirming the state registration of the applicant as an organization or individual entrepreneur. This document is not applied only in strictly defined cases when ordinary citizens have the right to appeal to an arbitration court.
Step 5
If the statement of claim is signed by the representative of the plaintiff, then the fifth attachment is the documents confirming the existence of the relevant powers. When signing the claim, the director of the organization will need an order on his appointment to the specified position, the minutes of the general meeting of the participants of the corresponding legal entity, and for another representative, a power of attorney is sufficient.
Step 6
The sixth group of attached documents are extracts from the USRIP, the Unified State Register of Legal Entities, which confirm the status and location of the plaintiff, the defendant. The plaintiff orders such documents from the tax authorities, and as an alternative method of obtaining it, he can use publicly available information from the website of the Federal Tax Service.
Step 7
Finally, in some cases it may be necessary to attach additional documents. So, if there is a condition on a mandatory claim procedure, a claim is attached to the claim with evidence of its direction to the defendant. When a request is made to compel to conclude a contract, a draft of the corresponding agreement is attached to the application.
