Companies registration review
Feb, 26 2019
Federal Tax Service has published a review of court practice of 2018 on disputes regarding state registration of companies and sole proprietors.
Many issues examined in this review are related to the record of incorrect information submitted into the Unified State Register of Legal Entities.
Please find below the main conclusions that the courts have reached while considering disputes:
- THE applicant does not necessarily have to prove the feasibility of a company set-up, since the state registration is not permissive.
- Non-appearance of an applicant for obtaining a decision of suspension of registration or for providing clarifications in this regard are not a proof of the inaccuracy of information specified by registration.
- If the address of new company does not contain information about an office or a room number, it is not an incontestable ground for declaring the address invalidation. This issue should be assessed by the registering authority along with other factors testifying to the address unreliability.
- Violations of tax legislation identified during the tax check-up cannot be grounds for submission of inaccurate information into the Unified State Register.