In this article, you will find detailed and step by step instructions on registration of a private unitary enterprise independently. The information is presented in non-legal language, which makes it more accessible and understandable.

The primary task for a novice businessman is the decision to choose the form of a legal entity for the future enterprise. It is impossible to give an unambiguous answer to the question: “What is better to open? Private Unitary Enterprise, LLC, ODO?”, since certain forms of ownership have different legal properties that are suitable for certain goals and objectives. If you have not yet answered this question, we strongly recommend that you read the information on the page "Forms of legal entities". By clicking on the link, you will find articles about the forms of business entities that can be registered on the territory of the Belarusian state, and their differences from each other. The success of the business being started depends to a certain extent on the fidelity of the decision made, since legislative acts provide for various conditions for doing business for various organizational and legal forms (taxation, choice of legal address, etc.). This article will consider the registration of a Private Unitary Enterprise (hereinafter referred to as PUE) from making a decision to starting work with the first client.

We prepare a package of documents

So, you have decided to register a PUE. For the correct and fastest implementation of this procedure, it is necessary to prepare the following documents:

1. The decision to establish a PUE.

This document is required to create a temporary bank account.

2. Certificate of approval of the name of the legal entity.

Required to create a charter. To obtain such a certificate, you must apply to the city (or regional) executive committee with a statement. As a rule, the name is agreed on the day of the application.

3. Letter of guarantee for the provision of a legal address.

Any enterprise must have a legal address. If you do not own property suitable for these needs, then you need to think about renting a room with the provision of a legal address. After a suitable landlord is found, you can take a letter of guarantee from him stating that he undertakes to provide premises after the registration of the enterprise. This document is required to create a charter and guarantee the lease after incorporation.

4. Charter in 2 copies and 1 electronic copy.

After the name of the future company is agreed upon, and the legal address is determined, you can begin to create a charter (information is entered into the charter). This is the most important document because on the basis of which the organization operates.

5. Receipt of payment of the state fee in the amount of 5 base units.

You can pay upon application to the registration authority.

6. Application of the established form for registration.

It is also filled in upon the fact of the appeal.

7. Order on the terms of payment of wages.

This document is required to open a current account. Please note that not all banks require it. If you have decided in which bank a current account will be opened, it makes sense to clarify whether they need this order.

This is a comprehensive package of documents that must be prepared before applying for registration.

Formation of the Authorized Fund and opening of a temporary account

Choice suitable bank quite a responsible stage of registration of the private unitary enterprise. Different banks offer completely different terms of service for legal entities. We recommend that you carefully study the offers from banks and choose the most suitable for your activity. Even before applying to the registration authority, it is necessary to form the Authorized Fund: determine the size of the authorized fund, open a temporary bank account and deposit funds. When contacting the bank, you will be provided with all the necessary information and documents for this operation.

Contacting the registration authority

After collecting the documents, we contact registration authority. We provide the following documents: Charter in 2 copies + 1 electronic copy, application, receipt of payment of the state fee. On the same day, you can receive the Charter with a seal, which confirms the fact of registration. Within five working days, the company will be registered with other authorities (FSZN, Belgosstrakh, IMNS), and you will be able to pick up all the documents necessary for further work.

Ordering a print

After applying to the registration authority, it is necessary to make a seal of the enterprise. To do this, you need to contact the organization that carries out such activities. In order to order the production of a seal, it is necessary: ​​Charter with a stamp of the registration authority (original), a statement from the director of the PUE (can be written during the appeal), a sketch of the seal signed by the director (also created upon the fact of the appeal). Usually the seal is prepared within a few days, however, for an additional fee, the seal can be made within a few hours.

Opening a current account

After you have made a seal, you need to open a current account. To do this, we apply to the bank (in which a temporary account was opened) with a statement.

Documents required for this procedure: A copy of the Charter (it is possible without notarization), a card with a sample signature of the director and a seal (issued at the bank when applying).

The above actions are all that can be done until all the documents from the registration authority are ready. After five working days, we contact the registration authority and pick up a package of documents. After that, we can assume that your company has passed the state registration.

For full-fledged work, you need to visit a number of government agencies. Listed below are the names of organizations and a package of documents that must be prepared before the first visit.

IMNS (tax authority).

As a rule, during the first visit to the tax authority, you must take the following package of documents with you: a copy of the state registration certificate (mandatory certified by the director), a copy of the Charter (also certified by the director), a copy of the director’s passport (pages 31, 32 must be certified), a copy of the decision to establish a private unitary enterprise, a copy of a document from the executive committee confirming registration with the tax authority, an application for a simplified taxation system (if such a taxation system is chosen), two binder folders, a book of inspections and audits (stitched and sealed, on We indicate the director on page 46. This book can be purchased in free sale). In the tax authority we receive a book of comments and suggestions.

FSZN (social protection fund).

The list of documents that is required for the first visit to the Social Security Fund after the registration of the enterprise: a copy of the certificate of state registration (mandatory certified by the director), a copy of the company's charter, a copy of the director's passport (pages 31, 32, also certified), a copy of the decision to establish a PUE (certified ), a copy of the order on the timing of payment of wages.

Belgosstrakh

We call Belgosstrakh and clarify the package of documents that must be provided, because. Different regions may require different documents. As a rule, you need to provide information about the director. Also here the manager needs to undergo training on "Labor Protection".

From all of the above, you can form the following optimal course of action:

1. We agree on the name of the company. We get a certificate.

2. We find a tenant for a legal address, take a letter of guarantee.

3. We are preparing a "Decision on the creation of a PUE".

4. Choose a bank and open a temporary account.

5. Decide on the type of activity.

6. We enter the information received into the Charter.

7. We go to the executive committee and register the enterprise (we take a passport, a charter in two copies + an electronic copy, a certificate of approval of the name, a decision to create a private unitary enterprise, pay the state fee, and write an application there). On the same day, one copy of the Charter is stamped with state registration. Within 5 days at the executive committee we receive: a certificate of state registration and a package of documents on registration with the Social Security Fund, tax authorities, Belgosstrakh.

8. While we are waiting for documents from the executive committee, we order a seal (we take the original charter, copy the title and first page, write an application there and form a sketch of the seal).

9. After making the seal, we open a current account (we take a passport and a copy of the charter with us).

10. We collect documents from the executive committee.

11. We arrange a meeting with the tax inspector and go to the Tax Inspectorate with a package of documents.

12. We are preparing an order on the "Terms for the payment of wages."

13. We go to ISZN with a package of documents.

14. We go to Belgosstrakh with a package of documents.

After performing all the above steps, we can assume that organization is registered and is ready to accept the first client. Successful business to you!

Stage 1: Name agreement

You can agree on the official name of your future Company at the following addresses:

1. 220082 Minsk, Pushkin Ave., 42, tel. +37517-308-23-90,
2. 224005 Brest, st. Lenina, 11, tel. +375162-21-66-74, +375162-21-33-71,
3. 210015 Vitebsk, st. Truth, 18, tel. +375212-42-67-76, +375212-42-67-78,
4. 246050 Gomel, Lenin Ave., 2/1, tel. +375232-75-42-92, +375232-75-42-98
5. 210023 Grodno, st. Ozheshko, 3-315, tel. +375152-72-32-05, +375152-77-01-66, +375152-77-32-51,
6. 212030 Mogilev, st. Pervomayskaya, 71, tel. +375222-32-73-60, +375222-32-67-70, +375222-74-14-15,
7. 220036 Minsk, st. K. Liebknecht, 68-306, tel. +37517-207-35-14, +37517-207-32-14, +37517-207-36-27.

In order for this procedure not to be delayed, it is necessary to prepare for it in advance. So, for example, when choosing a name, you can check whether or not such a name exists in the database of names of the Unified State Register of Legal Entities and Individual Entrepreneurs. To do this, just enter the name in the search form on the web portal Unified State Register.

Name approval can be carried out when:
a) personal application of the applicant to the registration authority with the presentation of a document proving his identity;
b) sending documents by mail;
c) submission by the applicant of documents in electronic form through a web portal.

If the name is agreed upon in person or by sending documents by mailapplicants submit the following documents to the registration authority:

1. Application in the prescribed form(Application forms for name approval can be taken by applicants in the global computer network Internet on the official website of the Ministry of Justice, web portal or provided free of charge by the registration authority upon personal application of the applicant for name approval);
2. A copy of the document confirming the powers of the applicant in the prescribed manner, in the case of submission of documents by representatives of a legal or natural person, unless otherwise provided by law;
3. Permissions for the use of surnames, pseudonyms of famous persons or the use of names in cases established by law.

Approval of the name in electronic form is carried out by filling out an interactive application form on the open part of the web portal, established by the Ministry of Justice.

The procedure for coordinating the names of legal entities is regulated by the Decree of the Council of Ministers of the Republic of Belarus dated February 5, 2009 No. 154 “On approval of the Regulations on the procedure for coordinating the names of commercial and non-profit organizations” and the Decree of the Ministry of Justice of the Republic of Belarus dated March 5, 2009 No. 20 “On coordinating names legal entities".

Stage 2: Determination of the location of the company (“legal address”)

The location of a private unitary enterprise may be a residential premises (apartment, residential building) of an individual - the Founder (property owner) of a private unitary enterprise (hereinafter referred to as residential premises) in one of the following cases:

1. The dwelling belongs to him by right of ownership (is in shared or joint ownership) - with the consent of another owner (all owners), as well as all adult members of his family (and family members of all owners) living in this premises;
2. He permanently resides in a dwelling (with the exception of a dwelling of the state housing stock), as evidenced by a mark in the identity document or information in the registration card - with the consent of the owner (all owners) of the dwelling of the private housing stock, as well as those living in this premises of all adult family members of the owner (all owners).

At the same time, the owner of the residential premises is charged for utilities and other payments related to the operation of such premises, in the manner determined by the Council of Ministers of the Republic of Belarus. Implementation production activities(performance of work, provision of services) in a residential premises that is the location of a private unitary enterprise is not allowed without transferring this premises to a non-residential one in the manner prescribed by law.

In other cases, only non-residential (administrative) premises may be the location of a private unitary enterprise.
The location of the Company with limited (additional) liability may be only non-residential (administrative) premises.

In the event that non-residential (administrative) premises are provided for the legal address, it is advisable to conclude a preliminary Lease Agreement with the potential Landlord for the specified areas or receive from him a Letter of Guarantee containing all the essential terms of the future lease agreement. Compliance with this formality may allow avoiding problems associated with the possible refusal of the Landlord to subsequently conclude a lease agreement with your organization.

Stage 3: Preparation of documents for the establishment of a company

For the state registration of a Private Unitary Enterprise, it is necessary to prepare:

1. Founder's decision to establish a Private Enterprise;
2. Charter of a private enterprise;
3. Application for state registration, standard form.

For the state registration of an LLC (ALC), it is necessary to prepare:

1. Decision on the establishment of a business company (LLC (ODO);
   (Establishment of a business company is carried out by decision of its founders, which is taken before the founding meeting. The decision to establish a business company may be taken by the founders by concluding an agreement on the establishment of a business company or in another form determined by the founders (for example, a protocol). In the case of the establishment of a business company by one person, the decision (decisions) on issues related to its establishment is taken (taken) by this person alone and drawn up (drawn up) in writing).
2. Minutes of the meeting of the Constituent Assembly;(The Constituent Assembly is held after the implementation of all decisions taken by the Founders in the decision to establish a business company.If a business company is founded by one person, the constituent assembly is not held.)
3. Charter of a business company (LLC (ODO)).
4. Application for state registration with annexes to it, of the established form.

ATTENTION: When preparing the Charter, statements and other documents, it is necessary to take into account the peculiarities of the organizational and legal form of the legal entity being created, as well as the legal requirements for their content and execution. Otherwise, the founders may be held liable for providing false data during the state registration of a legal entity with subsequent recognition of the state registration as invalid by a court decision and the recovery of income received from such activities.

Stage 4: Formation of the statutory fund

For limited (additional) liability companies, as well as for private unitary enterprises, the legislation does not establish the minimum size of authorized funds, which allows them to be formed in the amount determined by the founders.
A contribution to the statutory fund may be things, including money and securities, other property, including property rights, or other alienable rights that have an assessment of their value.
In the case of making a non-monetary contribution to the statutory fund, it is necessary to evaluate its value. In the case of an independent assessment of the value of a non-monetary contribution to the authorized capital of a commercial organization, an examination of the reliability of this assessment is not carried out.

The statutory fund can be formed within 12 months from the date of state registration of a legal entity in full, if a shorter period of its formation is not provided for by the Charter.

When forming the statutory fund in money after the registration of a legal entity, the money is deposited by the Founders to the current account of the created legal entity in the bank.

In the case of the formation of the statutory fund at the expense of funds, before the state registration of the company, the Founder must open a temporary bank account for the formation of the statutory fund and make contributions there in the amount determined by the Founders. For this you will need:

1. The decision to establish an organization, in which it is necessary to authorize one of the founders to open a temporary account and dispose of the funds in the temporary account.
2. Authorized person with a passport.

Directly at the bank, the Authorized Person will fill out an application for opening an account, a questionnaire and an agreement with the bank, after which the Founders make deposits to the account.
It is advisable to open a temporary account in the bank where further settlement and cash services are planned for your company, since the transfer of funds from a temporary account in one bank to a current one in another bank is, as a rule, a paid service.

Stage 5: Submission of documents to the registration authority

Submission of documents for state registration is possible by personal appeal to the registration authority or through the web portal of the Unified State Register of Legal Entities and Individual Entrepreneurs.

The necessary information on the procedure for submitting documents through the USR web portal can be found by clicking on the link.

When submitting documents to the registration authority with the personal presence of all the Founders (or their Representatives), you must have identification documents (passport, residence permit) and documents confirming authority (for example: power of attorney, protocol - for Representatives). If the number of founders of a commercial organization is more than three, they have the right to authorize one of them to sign an application for state registration on their behalf, which must be indicated in a document confirming the intention to create a commercial organization.

For the state registration of your Company, you must submit the following documents to the registration authority at the location of the legal entity being created:

1. Application for state registration;
2. Charter in two copies without notarization + its electronic copy(in .doc or .rtf format);
3. Legalized extract from the trade register of the country of incorporation or other equivalent proof of the legal status of the organization in accordance with the legislation of the country of its establishment or a notarized copy of the specified documents (the extract must be dated no later than one year before the date of filing the application for state registration) with a translation into Belarusian or Russian (the translator's signature is notarized) – for founders who are foreign organizations;
4. Copy of an identity document, with a translation into Belarusian or Russian (the translator's signature is notarized) – for founders who are foreign individuals;
5. Original or copy of the payment document confirming the payment of the state fee. It is allowed to pay the state fee using bank payment cards through Internet banking, info-kiosk (only possible through ERIP). In case of payment of the state fee through the ERIP, the original or a copy of the payment document confirming such payment is not submitted to the registration authority. However, the payer is obliged, when applying to the body that collects the state fee, to report the account number of the operation (transaction) in a single settlement and information space.

It is prohibited to request other documents by the registering body.

If the Application for State Registration and its appendices are filled out correctly, and you have provided a complete set of documents, the registering authority carries out the state registration of your Company on the day of application, as evidenced by the registration stamp on your Articles of Association, one copy of which will be returned to you by the registering authority. On the next working day, a certificate of state registration will be ready, and five working days from the date of registration of the Company with the registering authority, it will be possible to receive documents on registration with tax authorities, authorities state statistics, bodies of the Fund for Social Protection of the Population of the Ministry of Labor and Social Protection, registration with the Belarusian Republican Unitary Insurance Enterprise "Belgosstrakh".

The procedure for state registration of legal entities is regulated by the Decree of the President of the Republic of Belarus dated January 16, 2009 No. 1 "On State Registration and Liquidation (Termination of Activities) of Business Entities".

Private unitary enterprise or PUE- its abbreviated name, which is well-established in speech use, is one of the most popular organizational and legal forms of commercial organizations existing in Belarus. This form of legal entity is characterized by the presence of one owner, natural or legal person. It should be noted that both residents and non-residents of the Republic of Belarus can open a PUE in the Republic of Belarus.

The procedure for opening a private enterprise, as well as a company of a different organizational and legal form in Belarus, despite its apparent simplicity, is quite complicated and requires certain knowledge and experience in passing it. Registration of a PUE in Minsk is carried out by the Minsk City Executive Committee on the basis of documents submitted by the applicant and duly executed. Before applying for PUE registrations, certain actions must be completed, including agreeing on the name, preparing and approving the charter, etc.

When opening a private unitary enterprise on your own, you run the risk of making a lot of mistakes, including those related to restrictions on participation in a commercial organization, which may subsequently lead to the recognition of state registration as invalid. Therefore, the most convenient and rational option is to register a PUE in Belarus with the help of qualified lawyers from RASHKEVICH & PARTNERS. We will perform this procedure professionally, efficiently and in the shortest possible time!

Stages of PUE registration

All stages of opening a PUE in Belarus can be divided into 3 groups:

1. pre-registration procedures;
2. direct application for registration;
3. post-registration procedures.

Pre-registration procedures include:

• consultation on the possibility of opening a private unitary enterprise;
• making a decision to establish a PUE;
• approval of the name of the enterprise, determination of its location (in cases specified by law, the location of a private unitary enterprise may be a residential building);
• preparation and approval of the charter of the PUE.

Registration of a private unitary enterprise in Minsk is carried out by the Minsk city executive committee (Minsk, Pushkin avenue, 42). Registration of a PUE in another locality carried out by the relevant regional or district executive committee.

Post-registration procedures include:

• opening a current account;
• printing (if required);
• registration of labor relations with the head of the PUE.
• support for obtaining an EDS.
• representation of interests in the IMNS, FSZN, etc.

How much does it cost to open a PUE in Belarus?

Basic costs associated with registration:

• payment of state duty - 25.5 BYN (~ 10 euros);
• production of a seal (if required) - 40 BYN (~ 15 euros);
• registration service of an electronic digital signature key for 12 months - 95.28 BYN (~ 40 euros).

Opening of a PUE in Minsk

The cost of legal support for the PUE registration procedure by RASHKEVICH & PARTNERS specialists is 150.00 Euro*.

Advantages of opening a PUE with RASHKEVICH & PARTNERS

• The lawyers united under the RASHKEVICH & PARTNERS brand have more than ten years of experience in creating and registering commercial organizations.
• We have earned the trust of well-known national and foreign companies "SERGE", "SDEK", "Onilab" and others.
• Adequate cost of legal services.

Before proceeding with the registration of a PUE, I recommend that you familiarize yourself with general questions about how the organizational and legal form of doing business in Belarus.

Preparation for PUE registration

1. First of all, we need to agree on the name of our future private enterprise. This can be done in the department of justice at the place of residence. In Minsk, for example, they agree on the names at the address: pl. Svobody, 8 (entrance from the side of the restaurant "At the Town Hall" aka "0.5").

2. After agreement, it is necessary to determine the legal address of our PUE - will it be residential premises or a rented office. We will need the address in order to prepare the Charter of the PUE and the application for state registration of the company. Unlike other forms of doing business, such as LLC, CJSC, for the registration of a PUE, the founder’s residential premises (residential private house or private apartment, provided that the founder of the PUE is registered there) can be used as a legal address.

3. When we have the names and legal address ready, we can begin to develop the charter of the enterprise, the decision of the founder on the creation of the enterprise, applications and questionnaires for state registration. I strongly recommend ordering the charter from lawyers, since it is almost impossible to prepare the correct charter of the company without special skills.

How to open a temporary account for the formation of the authorized capital of a PUE?

After you have agreed on the name of your PUE, you must contact the bank to open a temporary account for the formation of the authorized capital of a unitary enterprise. What kind of bank should it be? Any bank that you like and in which the company will be serviced after registration.

To open a temporary account you will need:

1. decision of the founder to establish a private unitary enterprise;
2. founder's passport and his personal presence;
3. an application for opening a temporary account (as a rule, it is issued on the spot at the bank).

Payment of state duty for registration of PUE

When you have a charter ready, a temporary bank account opened and a charter fund formed, we pay the state fee for registering a PUE in the amount of 5 basic units (500,000 Belarusian rubles). Details for Minsk can be viewed, for other regions - check with local executive committees.

We submit documents to the executive committee for registration of a private unitary enterprise

At the time of submission of documents to the executive committee, you must have ready:

1. 2 copies of the charter of the PUE - printed and stitched;
2. application for state registration;
3. questionnaire of the founder (sheet A to the application);
4. an electronic copy of the charter, recorded on a CD;
5. paid the state fee for the registration of PUE.

Documents are submitted to the executive committee at the location of the PUE (legal address). Executive committees accept documents from 9 am to 6 pm 5 days a week, with lunch breaks. In some executive committees on Fridays, a shortened day and documents are accepted until 17:00.

To register a PUE, the personal presence of the founder with a passport of a citizen of the Republic of Belarus is required.

It is carried out on the day of applying to the executive committee - you will be given one copy of the charter of the enterprise with a stamp on registration in the Unified State Register of Legal Entities and Individual Entrepreneurs. The USR number on the stamp corresponds to the company's UNP number. From this moment, a legal entity in the form of a PUE is considered to be created and you can proceed to the following steps:

1) appointment of a director and, if necessary, an accountant of the PUE;

2) make a seal of your PUE;

3) open a current (settlement) bank account;

4) to become registered with the Tax Inspectorate, Federal Social Security Fund and Belgosstrakh.

In we will take a closer look at the procedures for appointing a director of a unitary enterprise, making a seal for a PUE, and registering with state bodies.

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© Andrey BUSHMAKIN

This article will help you open and register a PUE on your own. In fact, it serves as a step-by-step instruction for opening a PUE. If you wish, you can seek the help of a lawyer to register a PUE. Registration is carried out by the competent state authorities. For the registration of a PUE, a state fee is charged, which is 1 base unit. However, the problem that is encountered during registration is the constantly introduced changes to the legislation, which the average person is not aware of, unlike a lawyer who can give qualified and reasonable advice and prepare Required documents.

The procedure for registering an enterprise

Registration of a company or PUE in Belarus is a series of activities, for the implementation of which you will need a package of documents and the necessary set of knowledge, namely:

• Find a legal address;
• Agree on the name;
• Set the size of the authorized capital;
• Determine the main type of activity;
• Prepare all necessary documents.

In the process, some nuances should be taken into account:

PUE location

• Non-residential premises (office);
• Residential (apartment): only if the founder is either its owner or is registered in it and there is consent of the adults registered in it. In this case, the cost of utilities increases significantly, because. payment is charged at the rates established for legal entities.

Business name

For a private enterprise, a name is required. The name must contain an indication of the type of activity (production private unitary enterprise, private enterprise for the provision of services, etc.). There is no fee for this procedure. Based on the results of the agreement, a certificate is issued, which is valid for 1 month.

Authorized capital of PUE

Prior to registration, the size of the authorized capital must be determined.

The legislation does not regulate the minimum size of the statutory fund. It can be formed both in cash and by making a non-monetary contribution, which is subject to an independent assessment.
It can be formed both before state registration, and within one year from its date.

PUE activities

The legislation does not require that the types of activity be specified in the charter. The application must indicate only the main type of activity and its code.

Charter of the enterprise

Before you register, you must approve the Charter.

To develop the Charter, it is better to seek the help of a lawyer who is always aware of the latest changes in legislation. The lawyer will provide you with a draft Charter that will comply with current legislation and take into account all your wishes.

Registration of a PUE is carried out on the day of submission of a package of documents. The amount of the mandatory payment is equal to 1 base unit.
Required documents:

1. An application in the prescribed form.
2. Printed charter in 2 copies.
3. An electronic copy of the Charter of a unitary enterprise.
4. Original or copy of the receipt for payment of state duty.

Enterprise registration services

This includes assistance in registering a private unitary enterprise, to receive it you need:

• Give the lawyer copies of the passports of the director and founder;
• List several naming options;
• Indicate the legal address (apartment or office);
• Report activities;
• Indicate the size of the authorized capital.

At your request, a lawyer can only provide services for the preparation of documents necessary for the registration of a PUE:

• Founder's decisions;
• Charter;
• Applications with all necessary attachments.

The fee for legal assistance in preparing a package of documents is 120 rubles.

If you need to register a PUE in Minsk or the Minsk region, then you can order from a lawyer:

• Advice on issues of interest to you;
• Preparation of all necessary documents;
• Accompanying the submission of documents to government agency.

The cost of a lawyer in this case will be 160 rubles.

Turnkey registration of PUE in Minsk implies:

• Name approval;
• Advice on choosing a legal address;
• Consultation on the procedure for the formation of the Authorized Fund;
• Selection of the code of the type of activity according to the classifier (OKED);
• Preparation of the decision of the founder;
• Preparation of the charter;
• Preparation of an application with all necessary attachments;
• Submission of documents to the state body;
• Preparation of an employment contract with the director;
• Preparation of the order on taking office of the director.

The fee for full support is 260 rubles.

Question to the lawyer