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One of the forms of doing business in the Russian Federation by a foreign company or citizen is the registration of a limited liability company with foreign participation. The registration of a limited liability company by a foreign founder in Russia is a common occurrence today. At the same time, the founder may be both a foreign citizen and a foreign legal entity. Furthermore, a foreign founder may be the sole founder of an LLC in Russia (with the exception of a foreign legal entity with a single founder). Registration of a foreign business in the Russian Federation: what to choose?
The registration of the LLC with a foreign participant is in many ways similar to the registration of the LLC by a Russian citizen. It also takes three working days and requires the payment of a state duty of four thousand roubles. However, the registration of companies with foreign participation has important differences. For example, here one has to take into account the restrictions for foreign business stipulated by legislation of the Russian Federation for certain types of activities, taxation and other nuances. There can also be difficulties in completing documents for the registration of the LLC and providing documents issued by the authorised bodies of the foreign state to confirm the status of the foreign founder.
If one does not take into account the specifics of running a business through the LLC established by a foreigner, one may lose time and money and not achieve the goal of establishing a reliable business with a minimum tax burden in Russia.
Furthermore, starting a business in the Russian Federation is not limited to the procedure of registering a company. It is only one of the stages. The registration of the LLC also involves a stage of preparation and a number of compulsory post-registration actions necessary for the full commencement of commercial activities. For example, opening a bank account, registering cash equipment (if this is necessary for work), obtaining a licence to carry out certain activities, submitting a notification about the start of certain activities. It is also necessary to check whether the tax inspectorate has provided information on the registration of LLC to non-budgetary funds and to obtain the statistic codes.
The simplified taxation system has a number of advantages: simple tax accounting, flat tax, and reduced rates. In most cases, an LLC established by a foreign founder can enjoy these benefits. However, if the founder of an LLC is a foreign company with more than 25% ownership, such LLC must apply the general system of taxation.
Invalid address can be indicated by the fact that this address is the registration address of a large number of other legal entities in respect of all or a considerable part of which there is information that connection with them at this address is impossible, as well as receipt of a statement from the owner of the premises to the registration authority that he does not allow registering legal entities at this address.
The LLC is an independent organization established in accordance with the legislation of the Russian Federation (as opposed to a branch or representative office of a foreign company). Key decisions are made by the general meeting of founders, while operational management is carried out independently by the head of LLC appointed by the general meeting. Transactions between the LLC and the foreign founder are performed in accordance with the general rules.
Since 07/04/2015 it is a right, not an obligation, for LLCs to have a seal. If a company wishes to have a seal, this must be stated in the articles of association. However, the obligation to have a seal may be stipulated by special law for certain types of activities.
The minimum charter capital of a LLC shall be not less than 10,000 Rubles as a general rule. However, increased requirements for charter capital are stipulated by a special law for certain types of activities.
The establishment of the LLC requires only one founder. However, such founder cannot be a company with one member.
As a general rule, the income tax on dividend payments to a foreign company or an individual non-resident of the Russian Federation is 15%. However an international treaty may provide for a different rate.
Even if other criteria for recognition as an SME are met, a company founded by a foreign legal entity with more than 49% participation will not qualify for the SME exemption.
The process of starting a business is not limited solely to registering the LLC. A number of additional steps need to be taken by the aspiring businessman in order for the company to exist legally and comfortably.
The Dvitex law firm has been providing legal support for foreign investments in Russia for many years, advising clients on setting up a business and providing comprehensive legal support for foreign businesses. We undertake all the work. Your involvement in the process is minimal.
With us you will receive qualified advice on how to open a foreign business in Russia. Our specialists will help you to choose a legal form of establishing a foreign business in the Russian Federation, types of activities, legal address from proven owners, taxation system and prepare a full set of documents for registration of the LLC with foreign participation or accreditation of a representative office (branch) of a foreign company, other forms of investment. You can contact us at any stage of establishing a business in the Russian Federation, as well as ordering the opening of a business and the registration of LLC with foreign participation on a turnkey basis. You will always receive full legal support and fast results.
We have more than 15 years of successful practice
Over 1411 registered LLC
You only pay us AFTER REGISTRATION. This is the best guarantee of success.
We prepare documents meticulously and exclude risk of refusal of registration.
You determine the list of services - we do not impose any unnecessary services.
You do not waste your energy and time on taking part in the process. Our lawyers do everything themselves. You can control the process in the “Personal account” on our site. Payment for services can be possible in any convenient way on the result.
We work as quickly as possible. We draw up and submit documents without the slightest delay.
The basic principles of the Law Firm "Dvitex" are a guarantee of the result and convenience of service for the client. Therefore, we work without prepayment, at a convenient time for the client, and also provide access to a personal account on the site for all clients!
Dmitry Kiginko, CEO
has over 10 years of practical experience.
has over 7 years of practical experience.
has over 7 years of practical experience.
has over 5 years of practical experience.
has over 5 years of practical experience.
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