How To Check An Organization Before Concluding A Contract With It

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How To Check An Organization Before Concluding A Contract With It
How To Check An Organization Before Concluding A Contract With It

Video: How To Check An Organization Before Concluding A Contract With It

Video: How To Check An Organization Before Concluding A Contract With It
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Checking the voluntariness of the counterparty-legal entity with which your organization plans to conclude an agreement is one of the main tasks of a lawyer (legal department, internal security service) of the company. Currently, the standard verification of a future partner is carried out by requesting from him a set of constituent and other documents of title, as well as by analyzing information about him posted on specialized sites on the Internet.

How to check an organization before concluding a contract with it
How to check an organization before concluding a contract with it

Instructions

Step 1

We ask the counterparty-legal entity with which your organization plans to conclude an agreement in the future, color scanned copies of the following constituent and other documents of title:

- constituent documents of the organization;

- certificate of registration with the tax authority at the location on the territory of the Russian Federation;

- certificate of state registration of a legal entity;

- certificate (s) on making an entry in the Unified State Register of Legal Entities (if there is (are) the corresponding certificate (s));

- a document confirming the powers of the head of the legal entity (decision, or protocol);

- order on the assumption of office (or appointment to office) of the head of a legal entity;

- an order on the appointment of the chief accountant of the organization (or on the assignment of duties, if the general director and chief accountant are in one person);

- an information letter from the territorial body of the Federal State Statistics Service, confirming the presence of the organization in the statistical register of business entities;

- an extract from the Unified State Register of Legal Entities (preferably, no later than 30 days from the date of issue by the authorized tax authority and until this document is submitted to your organization);

- information letter from the bank about opening a current account;

- a document confirming the authority of the person signing the contract (if the contract is not signed by the head of the legal entity, then a power of attorney is provided).

Step 2

We analyze information about the counterparty-legal entity on the website of the Federal Tax Service (section electronic services - Internet service "Check yourself and the counterparty"), and check it with data from scanned copies of documents that were requested from the counterparty.

The search on the above-mentioned Internet service can be carried out by the TIN (GRN, OGRN) of the organization, or by its name (in this case, it is necessary to fill in the fields of the address, date of registration and the subject of the Russian Federation).

Information that can be found out about the organization using this Internet service: TIN, KPP, PSRN (GRN), the full name and address of the organization specified in its constituent documents during its creation and in the future, the date of state registration of the company, information on amendments to constituent documents and in the Unified State Register of Legal Entities, data on licenses received and registration as policyholders in funds.

Step 3

We study with the help of the "Message Search" service on the website of the "Bulletin of State Registration" magazine and on the basis of the file of arbitration cases on the website of the Supreme Arbitration Court, data on whether bankruptcy proceedings have been initiated against the counterparty.

Step 4

With the help of the services of the website of the Federal Bailiff Service, we check whether enforcement proceedings are being carried out in relation to the organization you are interested in or not.

Step 5

The last steps to verify the counterparty is to find out the validity or invalidity of the passport of the head of the counterparty's organization (and if possible, the chief accountant) using the information service "Checking the validity of the passport of a citizen of the Russian Federation that certifies the identity of a citizen of the Russian Federation on the territory of the Russian Federation" posted on the website of the Federal Migration Service, provided that these persons are citizens of Russia.

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