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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of June 28, 2007 No. 302

About approval of the Regulations on procedure for creation by the individual entrepreneur of the private unitary enterprise and its activities

(as amended on 21-06-2012)

For the purpose of providing favorable conditions for formation of the commercial organizations by the physical persons registered as individual entrepreneurs before entry into force of the Presidential decree of the Republic of Belarus of December 29, 2006 No. 760 "About entering of amendments and changes into the Presidential decree of the Republic of Belarus of June 18, 2005 No. 285" I decide:

1. Approve the enclosed Regulations on procedure for creation by the individual entrepreneur of the private unitary enterprise and its activities.

2. To Council of Ministers of the Republic of Belarus, regional executive committees and the Minsk Gorispolkom to take measures for implementation of this Decree.

3. This Decree becomes effective from the date of its official publication.

 

President of the Republic of Belarus A. Lukashenko

Approved by the Presidential decree of the Republic of Belarus of June 28, 2007 No. 302

Regulations on procedure for creation by the individual entrepreneur of the private unitary enterprise and its activities

1. In this Provision are determined procedure for creation by the physical persons registered till January 1, 2008 as individual entrepreneurs (further - individual entrepreneurs), the commercial organizations in the form of the private unitary enterprise (further - the unitary enterprise) and procedure for activities of such company.

2. For state registration of the unitary enterprise the individual entrepreneur shall address no later than March 1, 2008 to registering body (in the place of its registration as the individual entrepreneur) and to submit the following documents:

the statement (with obligatory specifying in it that the individual entrepreneur addresses for state registration of the unitary enterprise according to this Provision that the provided charter conforms to the requirements established by the legislation, and the data stated in the submitted documents are authentic) with appendix of information on the notification of creditors on submission of documents for state registration of the unitary enterprise;

the charter (with indication of only those types of activity which are listed in the certificate on state registration of the individual entrepreneur, and also the data that this unitary enterprise is created according to the procedure, provided in this Provision) and two of its notarially attested copies;

the copy of the certificate on state registration of the individual entrepreneur without notarial attestation;

sketches of seals in duplicate.

For state registration of the unitary enterprises which location is supposed in premises according to Item 5 of this provision the document confirming the property right (the right of equity property) to premises of the physical person - the owner of property of the unitary enterprise, the statement for the consent of the owner (joint owner) of premises of private housing stock, and also all full age members of the family of the owner (joint owner) of premises living in premises on placement in such premises of this unitary enterprise is in addition submitted.

Before giving in registering body for state registration of the unitary enterprise of the documents specified in part one of this Item, the individual entrepreneur shall approve its name with this body.

Documents for state registration of the unitary enterprise are accepted by the employee of registering body in the presence of the individual entrepreneur with presentation of the document proving his identity.

The registering body does not check reliability of the data specified in the documents submitted on state registration of the unitary enterprise, and also constituent documents on their compliance to acts of the legislation.

3. If the individual entrepreneur assumes to perform during creation of the unitary enterprise types of activity which are not specified in the certificate on its state registration and which specifying is provided in constituent documents of the unitary enterprise by acts of the legislation, state registration of such company is made according to the Regulations on state registration and liquidation (the activities termination) of subjects of managing approved by the Decree of the President of the Republic of Belarus of March 16, 1999 No. 11 "About streamlining of state registration and liquidation (the activities termination) of subjects of managing" (The national register of legal acts of the Republic of Belarus, 1999, No. 23, 1/191).

4. To the appeal to registering body for state registration of the unitary enterprise, but no later than February 15, 2008, the individual entrepreneur has the right to submit the application for return of exceeding of the amounts of the tax deductions to tax authority. The applications submitted after the specified date are not accepted by tax authority.

Return of excess of the amounts of the tax deductions over the tax amounts on value added estimated on sales of goods (works, services), property rights on intellectual property items is made after conducting check (audit) of the financial and economic activities of the individual entrepreneur appointed according to the decision of the head of tax authority.

5. The premises (the apartment, the apartment house) of the physical person - the owner of property of the unitary enterprise in cases can be the location of the unitary enterprise if:

this room belongs to it on the property right (the right of equity property), - with the consent of the joint owner, and also all full age members of the family of the owner (joint owner) of premises;

he lives in this room (in the presence of the corresponding stamp in the passport (except for premises of the state housing stock), - with the consent of the owner (joint owner) of premises of private housing stock, and also all full age members of the family of the owner (joint owner) of premises.

At the same time are levied from the owner of premises which are the location of the unitary enterprise payment for the utilities and other payments connected with operation of such room, according to the procedure, determined by Council of Ministers of the Republic of Belarus.

Implementation of productive activity (performance of works, rendering services) in the premises which are the location of the unitary enterprise is not allowed without transfer of this room in non-residential according to the procedure, stipulated by the legislation.

The owner of property of the unitary enterprise which location are the premises having no right to interfere with conducting checks (audits) of financial and economic activities of this company by the bodies authorized according to the legislation.

6. The minimum size of authorized capital of the unitary enterprise is created within one year from the date of state registration of the specified company.

When entering by the individual entrepreneur into authorized capital of the unitary enterprise of non-cash contribution, including own main and current assets, obligatory examination of reliability estimates of this property are not carried out.

Introduction by the individual entrepreneur of non-cash contribution to authorized capital of the unitary enterprise is not the free (sponsor's) aid.

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