Letter of guarantee for registration of LLC

Jan, 20 2024


Registration of any limited liability company (LLC) is the starting stage of creating a business. One of the requirements for creating an LLC is the presence of a legal address. This address is mandatory for all companies. Its main purpose is the possibility of receiving correspondence from among pre–trial claims, notifications of the Federal Tax Service, letters from counterparties and other documents. However, not all companies can provide a legal address. If this is not possible, then the company can receive a letter of guarantee for the provision of such address. In this article we will tell you in detail what this document is and how to get it.

The need for a letter of guarantee

A letter of guarantee for the provision of a legal address is a document issued by a legal entity (for example, a law firm) in favor of the registering authority (Federal Tax Service), guaranteeing the provision of a legal address for an LLC. Thus, the letter of guarantee confirms that the LLC will have a legal address required for the registration of a new company.

A letter of guarantee for the provision of a legal address is an integral part of the registration process of any LLC. The legal address confirms the location of the legal entity. His absence may be a reason for denial of company’s registration. It is important to know that to get an address, you need to contact the company providing such a service.

Features of the letter of guarantee

A letter of guarantee for the provision of a legal address may contain the following data:

  • The full name of the company to which the legal address must be provided.
  • The legal address that will be provided for the registration of the LLC.
  • The time period during which the company guarantees the provision of a legal address.
  • Signature and seal of the company that provides the address.
  • Data of the legal entity – lessor. This applies to the details of the company.
  • The name of the tax authority where the company will be registered in the future.
  • Detailed description of the room parameters. This applies to the area, floor and full actual address.
  • The name of the tenant company indicating the personal data of its head.
  • The wording of the permission to provide the object for use by the lessee under the lease agreement. It is written in a free form, but in a business style.

It is worth noting that a letter of guarantee for the provision of a legal address allows you to confirm the existence of a legal address for the registration of LLC.

When choosing a company that provides services for providing a legal address, you need to consider the following:

  • The reputation of the company. You need to make sure that the organization has positive feedback, and it has not violated the law.
  • Cost of services. The price for providing a legal address may vary. It is important to compare the offers of different companies and choose the most profitable one.
  • Terms of service provision. It is important to find out how long the process of providing a legal address and issuing a letter of guarantee will take.

How to properly issue a letter of guarantee

The law does not establish a separate form of the form for writing a letter of guarantee. The parties can use any of the templates or create their own. The main thing is to consider all the information to minimize the risks of rejection by the tax service. If the letter is formed from a legal entity, it is advisable to use a company’s letterhead.

The document assumes the presence of a header, a title, a text part and a place for signing/seal.

In the header of the letter, the details of the owner of the property must be indicated. The fact is that the Federal Tax Service can contact him to clarify the details. Information about the company that will rent the address is also prescribed.

The main text of the document contains data written in a free form. It is important to reflect the possibility of transferring real estate for rent, the main characteristics of the premises, the possibility of concluding a contract with the tenant, the absence of encumbrances on the object. One of key points is to prescribe guarantees that the contract with the company will be concluded only after the registration of a new LLC.

After the main text, the signature of the owner of the premises and the seal should be placed, if we are talking about an LLC. It is important to attach copies of the title document for real estate or an extract from the EGRN.

How do I send a letter to the Federal Tax Service?

As we noted earlier, the presence of a legal address is a prerequisite for the Federal Tax Service to register a company. It is important to send a letter of guarantee to the tax authority that conducts registration of legal entities.

There are several ways to send a document to the Federal Tax Service:

  • Personal inspection room. To do this, you must have the original and a copy of the letter.
  • Sending by registered mail.
  • Sending by courier service.
  • Electronic application via the online service of the Federal Tax Service. To do this, an electronic digital signature should be added to the document.
  • Send it to the Federal Tax Service with the participation of the principal. Third party must have a power of attorney to represent interests.

It is important to know that the tax authorities can contact the person to clarify the data in connection with the provision of the address. It is important for the Federal Tax Service to confirm the accuracy of the data specified in the document.

Registration to the founder’s home address

Is it possible to register a company at the founder’s home address? This is one of the main questions that lawyers are asked. It can be noted that the registration address of the founder can be used if the organization’s activities are not subject to licensing and are not related to production. Only in these cases it is possible to register an address for a residential property. It is important to observe the following conditions: the director must own the premises and be registered in it.

If you have any questions or difficulties with obtaining a letter of guarantee, you can contact VALEN. Our experts will help you understand the intricacies of drafting a document and will assist in finding a legal address.

Author of the article
Letter of guarantee for registration of LLC
Valentina Khlavich
Managing Partner
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