All enterprises, whose form of ownership was defined as "Limited Liability Company", in 2009-2010 were offered to undergo mandatory re-registration. Its term, in accordance with the law on companies of the same name, was established until December 31, 2010. Subsequently, the mandatory nature of re-registration before the specified period was canceled.
Such a procedure, obliging an LLC to go through the entire laborious path of registration anew and draw up its statutory and registration documents in accordance with the amendments made to the legislation, was forced. Fraudsters found loopholes in those regulations that regulated the activities of the LLC until July 1, 2009. As a result, there were more frequent cases of raider seizures and illegal withdrawal of property.
To do this, it was enough just to make the appropriate changes to the constituent documents, register them and sell the business to bona fide purchasers, third parties who could not know that the transaction was illegal.
The new amendments established a unified procedure for changing the owner, which is now notarized and all participants in the transaction with the originals of documents confirming the right to carry it out are required to personally attend it. The tax authority must inform the notaries of the legality of the transaction, certifying its legitimacy.
Changes in the legislation also affected the information that is entered into the Unified State Register of Legal Entities (USRLE). Now the list of owners, indicating the shares of the authorized capital that each belongs to, is also entered into the Unified State Register of Legal Entities. The re-registration of the LLC made it possible to eliminate the fly-by-night companies that arise to change the owner, withdraw and launder money and disappear after a single illegal transaction. The number of illegal transactions, which were subsequently challenged in courts, was sharply reduced, entrepreneurs began to work in the legal field, and their honest business became more protected.
Now we can already say that the re-registration was of that importance and fulfilled the tasks that the law pursued. It is obligatory for those enterprises, in the statutory documents of which it was necessary to make the appropriate changes. For many enterprises, it was painless enough. Those of them, whose staff did not have enough qualified lawyers, were provided with services for the preparation of new documentation by law firms.
Today, almost all regulatory legal documents of existing LLCs are brought into line with the legislation. Enterprises that did not make changes to the statutory documents and did not undergo re-registration continue their activities, and there is no violation of the law in this.
