Content
- Sample of filling out a decision to change the address of an LLC in 2020
- Sample decision to change the address of an LLC
- Sample decision to change the location of an LLC
- How to formalize a decision to change the address of an LLC
- How to notify the tax office about a change of LLC address
If you are the only founder of an LLC, in order to change the legal address of the company in 2020, you need to make a decision. This is a mandatory document that is written in free form. The decision must include information about the organization, a new address, and also write about changes to the charter, if necessary.
The decision of the sole founder is a document by which, in a limited liability company with one participant, changes relating to the work of the company are formalized: change of legal address, director, etc. For LLCs with several founders, such a document is not suitable: to formalize their decision, the founders must hold a meeting and draw up a protocol based on its results.
Letter about clarification of legal address from the Federal Tax Service, what should I reply?
Currently, tax inspectorates send two types of letters to the legal address of companies:
Letter confirming legal address. This is when the Federal Tax Service asks you to provide documents confirming the accuracy of the legal address of your company. (You can sample a response to a letter confirming a legal address) As we wrote earlier, if this letter is ignored, your company receives a record of unreliability in the Unified State Register of Legal Entities, which has many negative consequences for the activities of the Company.
Letter to clarify (detail) legal address . This is when the Federal Tax Service Inspectorate asks you to clarify (detail) the legal address in the Unified State Register of Legal Entities. This letter is significantly different from the first one, and your actions to respond to it are also different. What should you do if you receive a letter about address details?
Step-by-step instructions when receiving a letter to clarify your legal address!
1) First, you need to look at how your address is registered in the Unified State Register of Legal Entities. To do this, you can go to the tax.ru website yourself and order an electronic statement. ( link here ). This service is provided by the Federal Tax Service free of charge and will take you a few minutes of time. Typically, the tax office sends out such letters of clarification if only the number of the house and building (building) is indicated in your Unified State Register of Legal Entities. Of course, if this is an office building and your legal address is the number of the house and building, it will be extremely difficult for the Federal Tax Service employees to find you. We would like to remind you that at present it is the task of employees of the territorial Federal Tax Service to check the location at the legal address entered in the Unified State Register of Legal Entities. They have the right to go to the specified address and check if the company is located there. Therefore, no one will be looking for you throughout the building! And your office number is not indicated.
2) If you really have indicated the house number and building, we begin to proceed further. You need to contact the landlord from whom you rent the premises (or acquired a legal address) and ask him to provide you with documents clarifying your legal address. You need a document that will indicate the floor, room number, room, office, etc. Your address should be as detailed and understandable as possible for tax officials. We would like to immediately note that if you do everything correctly and prepare the correct response to the letter about clarification of the legal address, the chance that an employee of the Federal Tax Service will come to you is minimal.
3) After the landlord has given you documents - this could be a new lease agreement with an updated legal address or an additional agreement to the lease agreement, you proceed to the third stage. We say right away that submitting these documents to the Federal Tax Service with a covering letter is useless! In this case, this option is not suitable here; you will only waste time, and your legal address will not be clarified. You need to make changes to the Unified State Register of Legal Entities in the information about your legal address! Yes, it is to make changes according to the forms provided for by law (13001 or 14001). Now you need to figure out what form to submit? To do this, open your charter and look on the first page to see how the legal address of the Company is indicated:
- indicated Moscow - preparing form 14001 (Sample of filling out form 14001 here)
- the address is indicated in full with the street, house number - we are preparing form 13001. (Sample of filling out form 13001 here)
4) After you have prepared the form required in your case, the General Director of the Company goes to the notary office to certify the signature. You must take the Company's constituent documents and seal with you. After certification, a set of documents is collected and submitted to the Federal Tax Service. After 7 calendar days you should receive a registration sheet with the updated address. This concludes the actions in your response to the letter about clarification of the legal address.
If you have any questions, you can write to us by e-mail: or call +7 (499) 3910477 (consultation is free).
Legal staff provide services for preparing documents when clarifying the legal address; we will take on this entire complex process. Only for our clients a notary without a queue!
Sample of filling out a decision to change the legal address of an LLC
When a company moves, the owner decides to either change the location of the LLC or change the address. Location is the locality in which the company is located. The address of an LLC is considered to be a complete address, including all the necessary details - the name of the locality, street, building number, sometimes even down to the office or room number. The charter of an LLC may indicate both the full address and the location. It is mandatory to reflect the full address in the Unified State Register of Legal Entities. What decision the founder should make depends on the nature of the move.
If the LLC moves within the same locality, then a decision is made to change the legal address of the LLC. Moreover, if the full address was indicated in the charter, you need to make changes to the charter, indicate this in the decision and submit an application to the inspectorate in form P13001. If in the charter in the “address” field only the city is written, then the location of the company changes and an application is submitted to the inspectorate in form P14001.
When moving to another locality, changes to the charter must be made in any case, even if the charter only indicated the location of the company. A decision can be made both about changing the location of the LLC and about changing the address, since both change. In any case, it is necessary to indicate that changes are being made to the charter. An application in form P14001 is first submitted to the inspection so that adjustments can be made to the Unified State Register of Legal Entities in a timely manner, and after changes to the charter, an application must be submitted in form P13001.
Do I need to apply for an LLC change of address?
The current edition of the Civil Code of the Russian Federation (Civil Code) allows founders to limit themselves to indicating the name of the locality when indicating the location of the business company in the charter. From September 1, 2014, this possibility is provided for in Article 54 of this regulatory act.
At the same time, as before, the owner of an LLC has the right to indicate in the constituent document (charter) the full legal address of his company - city, street name, building number.
If it is necessary to change the legal address of a business company with one participant, the corresponding decision in any case will be made and documented by its sole founder.
No amendments to the charter
Thus, if the charter contains only the name of the city in which the business company is located (registered), the founder can change the legal address for the LLC within a given locality without properly adjusting the charter.
Accordingly, there is no need to pay state duty.
You only need to draw up form P14001, indicating the new address, and submit it to the tax department to reflect the changes that have occurred in the Unified State Register of Legal Entities, attaching the following papers:
- appropriate decision of the sole founder (for an LLC with one owner);
- documentation that confirms the possibility of using the new address as a legal one (this may be documentary evidence of ownership, a letter of guarantee from the owner of the premises, or, alternatively, a copy of the lease agreement).
With the edition of statutory documents
If the company’s charter initially specified its full legal address, then changing such an address for an LLC (both within the same city and outside it) will require proper adjustments to the charter.
If the city of registration (residence) of a legal entity changes, the charter will also have to be adjusted.
In this case, you will need to fill out form 13001 in order to register a change in the official address for a legal entity in the Unified State Register of Legal Entities through the fiscal service.
A number of additional documents will need to be attached to this form:
- a corresponding decision made by the sole founder (if there is only one participant in the business company);
- charter with updated details (2 copies);
- payment of state duty (it is confirmed by a receipt);
- documentation that confirms the possibility of using the new address as a legal one (USRN extract or other document on ownership, lease agreement, letter of guarantee from the owner of the premises).
How to create a legal entity for a participant?
If it is necessary to change the legal address for an LLC with one participant, the sole founder makes the appropriate decision, necessarily documenting it in writing.
As mentioned earlier, this paper is included in the package of documents submitted to the tax service for registering a new address of a legal entity in the Unified State Register of Legal Entities.
This decision does not need to be certified by a notary. The document is printed and signed by the originator - the only participant.
The decision of the sole owner must contain the following information:
- the name of the paper compiled;
- locality (place of drawing up the decision);
- date (day, time) of compilation;
- name of the legal entity (business company);
- basic details of the LLC (information about its current account, address, OGRN, INN, other data);
- information about the sole founder of the company (for an individual – full name and passport details; for a legal entity – name and basic details);
- a statement of the fact that the business company has only one owner (founder) who has a 100% share in it (the nominal value of this share is indicated);
- the appropriate change in the legal address is reflected (both old and new are indicated);
- indicates the need to make appropriate adjustments to the charter (if necessary);
- registration of changes that have occurred in the Unified State Register of Legal Entities is entrusted to the responsible entity (usually the head of the legal entity).
Download the decision of the sole founder of an LLC when changing the legal address - sample
How to formalize a decision to change the address of an LLC
The decision of the sole founder to change the address of the LLC must contain the following information:
- Full name of the LLC
- Document number (according to the numbering of the company’s internal documentation)
- The essence of the solution: change of address or location of the company
- Old and new addresses
- If necessary, an instruction to make adjustments to the charter
- Date and place of decision making
- Passport details and signature of the founder
Print out the solution in duplicate.
How to notify the tax office about a change of LLC address
To notify the inspectorate of a change of company address, proceed in the following order:
- Formalize the decision of the sole founder
- Select the application form: P13001 if you need to make changes to the charter or P14001 if the charter does not change
- Fill out and notarize the application
- When submitting application P13001, pay the state fee (800 rubles). There is no need to pay a fee when submitting using form P14001
- Submit an application to the inspectorate. Additional documents may be needed: a decision to change the address, 2 copies of the charter, a letter of guarantee or consent of the owners of the residential premises
