What Are Constituent Documents

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What Are Constituent Documents
What Are Constituent Documents

Video: What Are Constituent Documents

Video: What Are Constituent Documents
Video: What to do if the constituent documents of a Russian company are lost? | Part 1 2024, April
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The constituent documents establish, in accordance with the current legislation, the specifics of the status of subjects of the Russian Federation, international organizations and individual legal entities, determine the direction of their activities. The constituent documents include articles of association and articles of association.

Constituent documents
Constituent documents

The charter

Charter letters appeared in Russia in the XIV century. Their main function was to restrict levies and "feed" carried out by courts and representatives of local government. From the middle of the 16th century, they were replaced by zemstvo statutes that determined the district with local self-government, the number of elected officials and their interaction with central authorities. In the 19th century, this document approved the size of the allotment and the duties for the use of temporarily liable peasants.

Currently, the charter is understood as a set of rules established by the state, property owners or founders of non-profit organizations that determine the legal status of a state entity, an international organization, or a legal entity.

The charter of a constituent entity of the Russian Federation is a fundamental legal act of the region that does not contradict the Constitution of the country. It fixes the administrative and legal structure of the region and establishes the central directions of its activities in the economic, financial, political, social and other spheres.

The charter of an international organization is a multilateral international agreement that defines its internal structural organization, nature of activities, main goals and objectives. The overwhelming majority of international organizations are created precisely to achieve specific goals.

The charter of a legal entity is a constituent document of the organization, which indicates its name, composition, details, the size of the authorized capital and the procedure for its contribution, methods of redistributing profits and losses between the founders (if there are more than one), the main activity. It is approved by the founders or participants who are also the owners of the organization's property. If a legal entity is formed by one founder, it can act only on the basis of the charter approved by it.

Memorandum of association

This document, as well as the charter, determines the structure of the organization, the main directions of its activities, the procedure for depositing property for the formation of the authorized capital, redistribution of joint profits and losses. A distinctive feature of the memorandum of association is that it is concluded between the founders. In other words, one person cannot act as the founder of the organization in this case.

As determined by Article 52 of the Civil Code of the Russian Federation, a legal entity can act on the basis of a memorandum of association and charter, only the charter or memorandum of association.

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