The owner of the apartment is a legal entity and wants to register a citizen

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Published: 12/05/2017

Reading time: 6 min

Purchasing real estate from a legal entity requires a careful approach. First of all, this is due to a more complex procedure for processing documents. In addition, among such transactions there is much more fraud than in cases of purchase and sale between individuals.

Buying a property
How to minimize risks? Deal nuances

Sale by proxy

Rules for drawing up a contract

Buying an apartment from a legal entity

A representative of a legal entity who has the authority to conduct a transaction must provide the buyer with a complete package of documents identifying the legal entity itself and the powers of its executive body, as well as documents confirming the registration of ownership of the property.

Documents when purchasing an apartment from a legal entity

Find out whether this legal entity exists at the time of the transaction
Find out and document the powers of a representative of a legal entity - director, manager or other person acting by proxy

Your transaction will be considered void if:

the legal entity has already been closed

the representative or director who signed the agreement did not have the authority to do so, it expired or was suspended

a legal entity has been declared bankrupt, you can find out > > >

Such situations occur quite often, especially in case of disagreements between the founders of this legal entity

It is important to pay correctly. You cannot transfer money for an apartment into the hands of the director or a trustee. Only to the company's cash desk or to the company's current account! Confirmation of payment in your transaction is a cash receipt order with a cash register receipt or a payment order for the transfer of money with a company certificate of full payment, certified by the signature of the director and chief accountant.

Purchasing an apartment from a legal entity. How to remove risks?

Request a copy of the Charter from the legal entity; it states the powers of the director or other executive body.

Obtain information about the status of a legal entity and its executive body (director) from an extract from the Unified State Register of Legal Entities - Unified State Register of Legal Entities. Use the online service of the tax service - Official website of the tax service

Study the powers of the director of the executive body to sell (alienate) the apartment

Request a certificate about the size of the transaction, if the apartment costs more than 25% of the value of the company’s assets, find out from the Charter whether the Director has the right to sell such an expensive asset.

Request a decision from the general meeting of founders on the sale of the apartment if this alienation is a major transaction. Check the list of participants from the extract from the Unified State Register of Legal Entities. Please note about registering changes to the Charter of a legal entity.

To participate in a transaction for the sale of real estate, a representative, other than the director who has the right to represent the interests of a legal entity without a power of attorney, must have:

a valid Power of Attorney from a notary ,

copies of statutory documents

decision of the general meeting of participants (founders) or decision of the sole participant, if necessary

and a fresh extract from the Unified State Register of Legal Entities.

It would be a good idea to visit the website of the Federal Bailiff Service to find out about open enforcement proceedings against a legal entity, since in this case there is a high probability of seizure of the apartment.

Very often this circumstance leads to a significant reduction in price.

Purchasing an apartment from a legal entity. Transaction procedure

Signing the Sale and Purchase Agreement
Signing the Transfer and Acceptance Certificate
Submitting an application to Rosreestr for the transfer of rights from the Seller and registration of rights from the Buyer
Payment of state duty.
Payment of the price for the apartment and receipt of documents confirming payment.

The main thing: make sure of the authority of the representative of the legal entity, the legality of the sale and the absence of arrests and encumbrances

Legal entity - owner of residential premises (Myskin A

Form three. This form is due to the fact that the founder does not own a 100% right to the residential premises, but only a share in the right to it. In other words, by the time the residential premises are included in the authorized capital, it is already in the common ownership of several persons. This raises an extremely important question. Does the founder have the right to freely contribute his share to the authorized capital or does he need to implement the mechanism of pre-emptive right of purchase laid down in Art. 250 of the Civil Code of the Russian Federation? The Supreme Court of the Russian Federation gave an unequivocal answer to this extremely important question. As part of the Review of judicial practice of the Supreme Court of the Russian Federation for January - July 2014 (Determination No. 56-KG13-12), the position was expressed that the inclusion of a share in the ownership of real estate in the authorized capital does not violate the rights of co-owners of this property and does not require them prior notice does not give them a pre-emptive right to purchase it and, as a result, does not provide them with the opportunity to transfer the rights and obligations of the buyer to themselves. ——————————— Bulletin of the Supreme Court of the Russian Federation. 2014. N 11.

Let us emphasize once again that a legal entity can quite freely become the owner of residential premises. This state of affairs will not contradict the norms and principles of housing and civil legislation. However, it is necessary to understand that the acquisition of residential premises into the ownership of a legal entity will not mean an automatic change in its economic and legal purpose. The residential premises will continue to be strictly designated. Conventionally, we can say that a legal entity does not have any legal grounds to live in residential premises. This is exactly what the resolution of this issue looks like at a general theoretical level. More specifically, in residential premises, for example, offices of legal entities, branches of political parties, houses of worship, warehouses, and various kinds of handicraft workshops cannot be located. Gambling clubs, underground casinos, and smoking parlors cannot be located in residential premises. Keeping farm animals or keeping bees in residential premises is prohibited. The norms of housing and civil legislation directly establish that industrial production cannot be located in residential premises (part 3 of article 17 of the Housing Code of the Russian Federation, paragraph 3 of article 288 of the Civil Code of the Russian Federation). Currently, in practice, it is very common to establish mini-hotels (hostels) in residential premises, organized according to the bed-bed system. In essence, this also contradicts the intended use of such premises, since the hotel stock belongs to the category of non-residential premises. ——————————— Certain stakeholders have attempted to introduce changes to civil and housing legislation aimed at legalizing the placement of mini-hotels in residential premises. However, such proposals met with sharp criticism from the expert community. See also: Expert opinion on the draft Federal Law “On Amendments to Article 288 of Part One of the Civil Code of the Russian Federation and Article 17 of the Housing Code of the Russian Federation” // Bulletin of Civil Law. 2014. N 5. P. 171 - 173.

What documents are required

When concluding a transaction to purchase real estate with a legal entity, you will need the same package of documents as when collaborating with an individual. So, to purchase an apartment on the secondary market, the buyer will need to collect the following documents:

buyer's passport and intermediary's passport;
power of attorney for the intermediary;
technical plan of the apartment and its cadastral passport;
a document base;
a document from the tax office confirming the absence of debts on the part of the seller;
a document from the housing office containing information on the status of utility bills;
extract from the house register;
documents for cashless payments between the parties.

The only difference from registration of a purchase and sale by an individual and a legal entity is contained in the basis document. It states the basis on which the contract was concluded. In the case of cooperation with a developer, this can be several papers at once - a permit for construction and commissioning of the facility, as well as a document on the right of ownership of the land plot under the house.

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When purchasing an apartment from a company that is not a developer, the basis is an agreement on the transfer or assignment of rights or a power of attorney.

Legal address in the founder’s apartment - consequences when registering an LLC

In addition, the legality of state registration of a company in an apartment or residential building can be justified by the fact that, in accordance with paragraph 2 of Article 17 of the Housing Code of Russia, such premises can be used for economic activities by fellow citizens living in it on a legal basis, if this does not conflict with the interests of other persons.

Even the Supreme Arbitration Court, in its ruling No. 61 dated July 30, 2013, fully confirms the legitimacy of registering a company at its home address. However, as the Supreme Arbitration Court states in the said definition, the consent of the homeowner is required to carry out such a legally significant action.

Main risks and fraud schemes

There are risks when concluding almost any contract, but purchasing real estate from a legal entity is associated with a high percentage of risks and dangers. There are several scams in this regard.

The most common is the forgery of a power of attorney from a legal entity and the forgery of board of directors approval. If the director, without malicious intent, forged the signature or seal on the approval of the sale of the apartment in order to avoid holding a meeting of directors, the buyer may receive a subpoena after the transaction is concluded. This is possible if at least one of the participants in the shareholders’ council suddenly decides to challenge the apartment purchase and sale agreement. In such situations, the court always recognizes that the plaintiff is right, that is, the apartment returns to his ownership. However, if the person who concluded the deal with the buyer quits by this time, then the money will not be returned.

An equally rare situation is the forgery of a power of attorney. The contract is supposedly concluded with the developer, through an intermediary. After some time, the intermediary stops communicating and it turns out that he has nothing to do with the development company. In such a situation, it is almost impossible to get your money back.

Is it possible to register an LLC for the director’s apartment? Home address as legal address

When registering a limited liability company (LLC), you must provide the tax office with information about the legal address of the organization. The legal address of an LLC is the location of the executive body, that is, the director. The law provides for two options for a legal address where an LLC can be registered. This is a non-residential premises - an office, or the home address of the director, where he must be registered, or be the owner of the apartment.

Registration can be refused only in two cases. Firstly, many organizations are registered for this apartment and secondly, if the homeowners are against using the apartment as the legal address of an LLC.

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How to protect yourself from risks

To protect yourself from risks, you need to find out whether the person exists at the time of the transaction and check the accuracy of the documents provided by the company. A transaction will be declared void in three cases:

The company that sold the apartment turned out to be bankrupt.
The legal entity was liquidated at the time of signing the agreement.
The person the buyer was dealing with did not have the authority to sell the property at the time the purchase agreement was signed.

To protect yourself from unnecessary risks, when concluding a contract you should adhere to several rules:

obtain a copy of the organization’s charter from the other party;
become familiar with the powers of the director and other persons whose signatures are on the agreement;
It is mandatory to request approval from the board of directors and a certificate of the size of the transaction. It is best to attend the shareholder meeting in person, but many companies do not allow this. In this case, you should carefully study the documentation and permitting grounds for the transaction;
visit the website of the Federal Bailiffs and find out if legal proceedings have been opened against the selling company. The presence of legal proceedings can cause a strong decrease in the value of housing;
Under no circumstances should you pay for a transaction hand-to-hand. You can deposit funds into the company's current account or pay for the transaction at the cash desk, where the buyer will be given a cash order with the seal and signature of the organization's accountant and director. This will be a sufficient basis confirming the fact of transfer of funds.

Compliance with the above rules will allow you to protect yourself and easily purchase good housing from a legal entity. To minimize risks, it is better to contact a trusted real estate agency and request a consultation with a contract specialist who will check the documentation.

Is it possible to register in an apartment without the presence and consent of the owner?

Within three days (in practice it usually takes a week), temporary registration certificate permanent registration stamp

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What could the deception be?

Real estate transactions are inherently associated with some possible dangers. When conducting transactions for the purchase of real estate from a legal entity, they are most likely.

The main risks when carrying out this transaction:

the risk of carrying out a real estate sale transaction using false documents;
recognition of the nullity of the transaction and return of the property to the seller through the court;
monetary manipulations and unnecessary financial costs;
the director does not have the right to sell property;
liquidation of the enterprise at the time of the sale procedure.

In order to confirm the fact of payment in court if the transaction is declared invalid, it is necessary to make the payment correctly: either through the company's cash desk with confirmation in the form of a cash order, or through the bank, with confirmation of the director and accountant of the fact of payment.

Registration of a company at home address: how not to be refused by the tax authorities

The responsibility to find out whether the address exists and whether it is suitable for registering an LLC falls on the Federal Tax Service. The applicant does not have to prove the accuracy of the information provided, but in the case of a “problematic” registration, he acts at his own peril and risk. There are many cases where registration takes place at “wrong” addresses, as well as refusals for unknown reasons are not uncommon.

Formally, it is important for the Federal Tax Service that correspondence for the company can be sent to the legal address and, if necessary, a person involved in the LLC can be found there. From this point of view, registration by registration of the founder and manager have the same degree of risk. But, if the inspector thinks otherwise, nothing will stop him from refusing. And nothing prevents the organization from challenging this decision in court.

What documents need to be checked?

In order to successfully complete a transaction to purchase an apartment from a legal entity. persons and minimize risks, the buyer must check with the seller for the presence of a number of documents:

Extract from the Unified State Register of Real Estate.

Using this document, you can find out not only the address and area of the property, but also view information about copyright holders, check for arrests and encumbrances on the property. Legal documents of a legal entity.

With their help, you can find out whether the person who will sign the transaction has the authority to sell real estate.

Documents for approval of a transaction for the purchase and sale of an object (result of the meeting of founders).
Documents for the apartment proving ownership (purchase and sale agreement).
Certificate of ownership.
Passport for the apartment from the cadastral chamber.
All documents confirming the legality of purchasing the apartment from the previous owner.

Features of the home address when registering an LLC

You can often encounter a situation where the structure that carries out the registration requires the provision of title documents to the address at which the registration is carried out. Such a requirement is justified by Art. 12 of the Law on State Registration of Legal Entities and Individual Entrepreneurs. This article determines that the information available in documents for state registration must be reliable.

The risk of being denied registration of an organization by registration remains quite justified and real until legislators resolve the problems with discrepant interpretations of the regulatory framework. Tax authorities impose requirements regarding the presentation of notarized documentation, the provision of consent of each person who lives in the apartment, and not just its owners, etc., which are unlawful.

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Fraud schemes

In order not to fall for the tricks of scammers, you need to familiarize yourself with the basic schemes of deception in real estate transactions:

Indication in the purchase and sale agreement of the undervalued value of the property.

As a result, the buyer receives back only the amount that was specified in the contract, and the difference in unaccounted funds (those that were not registered and confirmed by payment documents) remains with the seller.

Forgery of documents. Fraudsters often falsify documents authorizing a transaction to enrich themselves. A power of attorney, minutes of a meeting or the results of a meeting of the board of directors are the documents that you should pay attention to first. Naturally, in this situation the transaction is considered invalid, but most often, by this time, the seller has already managed to leave with the money.

Financial fraud. Often the seller persuades the buyer to pay for the property in cash from hand to hand, without even bothering to provide any documents confirming the payment. If the transaction is declared invalid, both the object and the money remain with the seller.

Registration in an apartment owned by a legal entity

The employer provided me with housing on an additional basis. agreements to the employment contract. The owner of the property is the employer. We signed a housing lease agreement for 1 year with the possibility of extending the contract and with the possibility of purchasing the housing provided by me. What documents are needed to register in the provided housing as a place of residence (not stay). My common-law wife and children can also live with me (they are indicated in the contract as having cohabitation rights). What documents are needed for their registration?

Dear Irina! In this case, the citizen’s place of residence is not subject to state registration in the manner established by law of the Agreement on concluding (previously registered residents) together with them (members of their families living together with them, living in residential premises). According to Art. 27 of the Housing Code of the Russian Federation (Part 1, Article 22 of the Housing Code of the Russian Federation) 2. Under a social tenancy agreement, the house for improvement of living conditions must be handed over to a management company, which is obliged to report the inheritance of the residential premises under the social tenancy agreement and allocates its share in their total joint property. Good luck to you. Lawyer Zotov V. I. Petrozavodsk

What you should pay attention to?

Each transaction is individual and has its own characteristics.

Features of real estate transactions:

if you purchase an apartment in a new building or a house under construction, there are risks with document fraud, as well as the likelihood of construction not being completed;

if the apartment is already ready, you need to request the conclusion of the state construction examination (to make sure that the house is completed), as well as documents for the property;

if the house is under construction, first of all you need to check the availability of a long-term lease or purchase agreement for land and a building permit;

when purchasing secondary real estate, in addition to property documents, you need to check the availability of documents confirming the legality of the transfer of ownership rights from the previous owner to a legal entity.

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Most often, the legal entity selling apartments with a mortgage has entered into a partnership agreement with the bank, and if there is none, then the bank carefully checks the selling company through its own channels, so the risk of such a purchase is minimized.

What could actually be the risk of registering an owner’s apartment?

lack of consent of the apartment owners;
lack of title documentation;
the absence of a lease agreement or the presence of any errors in it;
registration periods and rental periods are different;
lack of written consent from cohabitants, neighbors or co-owners;
there is an intention to temporarily register a seriously ill person with a dangerous chronic disease;
presence of a written refusal from the owner;
request for registration in a border zone, in a military town or in a territory that is classified as environmentally unfavorable.

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The key disadvantage of having an additional registered person is the increase in utility bills. If meters are installed in the apartment, then in this case, additional occupancy of a person may result in increased actual consumption of resources, while when paying according to the number of registered people, an increase in utility bills will occur automatically after registration.

Buyer's risks when purchasing an apartment from a legal entity - minimizing risks

Purchasing real estate (apartment) from a legal entity most often involves some risks. The procedure for such a transaction is a rather complicated process, since it is necessary to request and verify a voluminous package of documents. Another important fact in such a process is compliance with all regulatory legal acts, since the purchase of valuable property from a legal entity in accordance with Article 46 of Federal Law-14 is considered a major transaction and requires compliance with the procedure regulated in this federal law.

Without knowledge of jurisprudence, it will be difficult for a mere mortal to understand all the nuances of purchasing an apartment from a legal entity.

Is it possible to register individuals in an apartment if the owner is a legal entity

The Civil Code in Article 288 states that residential premises are intended for the residence of citizens. A citizen who is the owner of a residential premises can use his apartment for personal residence and residence of his family members. The placement of industrial production in residential buildings is not permitted. The placement by the owner of enterprises, institutions, organizations in the residential premises (apartment) belonging to him is allowed only after the transfer of such premises to non-residential.

In 2020, the problem with registering a home address continues, and the dispute over the possibility of using an apartment as a legal address continues. However, registering an LLC at the place of registration of the founder is possible!

Features of purchasing an apartment from a legal entity

What is special about such a deal?

As mentioned above, the purchase of real estate from a counterparty that has the status of a legal entity is complicated by a number of nuances that differ from the usual procedure between individuals. Thus, for companies with the form of government “JSC” or “LLC” (hereinafter referred to as the “Society”), the legislator has provided for an individual procedure for concluding purchase and sale transactions with the property of such legal entities.

In cases where the property is valuable (its value is equal to 25% of the total capital (assets) or higher), the transaction will be considered large. Also, the sale of an apartment can be equated to large transactions with valuable property (this decision must be enshrined in the organization’s Charter).

First of all, before making a major transaction to sell valuable property of the Company, the general director must obtain the approval of all shareholders for such a procedure . Such a decision must be made at a meeting of shareholders or at the board of directors, depending on the form of government.

Why is everything so difficult? It is necessary to understand that the general director is not a 100% holder of all shares of the Company, and accordingly he does not have the right to resolve such an issue alone. This is a kind of insurance so that the decision of one person does not lead the “Society” to bankruptcy.

Such consent must be sealed with the minutes of the meeting (meeting), where all the signatures of those who agree must appear, after which it is handed over to the counterparty-buyer.

The absence of a mutual decision may lead to the recognition of the transaction as invalid.

If the property is not a valuable asset for the Company, and therefore the transaction is not major, the buyer also needs to request confirmation of this.

Necessary documents for the transaction

To avoid fraudulent schemes on the part of an unscrupulous seller, you should first of all request the following package of documents:

a document confirming the identity of the counterparty-seller (or confirming the identity of an authorized person acting on the basis of a power of attorney;
a package of constituent documentation valid at the time of the transaction along with an extract from the Unified State Register of Legal Entities;
a document confirming the consent of the remaining shareholders to the alienation procedure (minutes of the board of directors, shareholders, etc.);
an entry from the Unified State Register of Real Estate (from January 2020, the Unified State Register of Real Estate and the State Tax Committee), which since 2016 has been a single document confirming ownership (if the property was purchased before 2020, the seller must provide a certificate of ownership);
extract from the house register;
confirmation of the absence of debt for housing and communal services;
With a non-cash payment method, the seller must provide account details to which the buyer will transfer funds.

This package of documents is common to all real estate procedures . But it is worth remembering that each precedent has an individual character.

Buying an apartment through third parties

Most often, “Companies” selling real estate do not deal with this personally (especially if it is a large construction holding), but delegate the sales authority to trusted persons - company lawyers, real estate agencies, or representatives of their numerous branches.

It is worth paying in cash with a trusted person only if you make sure that the general power of attorney (which must be notarized) contains a corresponding clause indicating the powers entrusted to him for such a transaction.

There are also frequent cases when it is necessary to purchase an apartment from a legal entity that acquired it under an assignment agreement (assignment of the right of claim). In this situation, the assignment agreement must contain a clause containing a reference to the previous agreement, according to which the alienated property was transferred to the new (current) owner.

The assignment agreement must be notarized.

Purchasing an apartment with a mortgage

The most common and safest way to purchase an apartment from a legal entity is for this company to provide housing with a mortgage through credit organizations that are in partnership with the developer. In such situations, the risks and time costs of the buyer are minimized, since the banking institution itself checks the cleanliness of the property and the documents provided by the developer.

If the developer does not have partnerships with banks and cannot offer mortgage lending, then you should think about whether this is a legal transaction? And isn't the imaginary legal entity an ordinary fraudster?

You should not be afraid of development companies that have banks as partners who ask for a down payment.

The owner of the apartment and the “registered” persons.

The exact list of papers required for registration should first be clarified at the passport office. A set of documents can be submitted to the Federal Migration Service, Housing Department, MFC. You can submit an application for registration through the State Services website. Certificate of state registration of rights Rights of a non-owner registered in an apartment Usually the owner registers family members and close relatives in his living space. The Housing Code of the Russian Federation states that these include those living with him:

spouse;
children;
parents.

Other relatives, non-working dependents and strangers can be recognized as family members if the owner of the property indicated this when registering their move-in. Relatives have the right to use the apartment in the same way as its owner, unless other conditions are specified in the agreement between the parties. They are obliged to take care of the living space and keep it intact.

All information about registered citizens is contained in the migration service and copies of submitted documents are stored there.

They carry out the entire registration process and keep records of the movement of citizens. The passport office or MFC only accepts documentation and returns it after registration.

Nuances of registration of minors A child, until he is 14 years old, must be registered with his parents.

It is not allowed to register one. If parents live separately, it is allowed to register with any of them and the consent of the apartment residents is not required. One of the parents may be present during registration. Refusal to register a minor because of debts on utility bills or if the area does not meet the norm is illegal! Citizens with temporary registration can register their child themselves. This is done without the consent of the owner - the owner of the area. For the obligations reflected in the social rental agreement, the former relative is solely responsible. The tenant is responsible for the condition of the housing.

He has the following rights:

register other persons with the consent of other registered citizens and the owner (municipality), taking into account the standard area per person;
resolve the issue of privatization of housing on an equal basis with other registered persons;
sublease real estate, provide temporary residents with accommodation;
register your children under 18 years of age.

Every person registered in state housing has the right to become a co-owner when drawing up a privatization agreement.

This applies to all registered citizens, including minors.

The latter, after reaching 18 years of age, can re-privatize this housing.

Possible risks when purchasing an apartment from a legal entity

There are many fraudulent schemes and tricks resorted to by unscrupulous legal entities and individuals who, using forged documents, present themselves as trustees of one or another offering the most comfortable housing on behalf of the selling company, it is very difficult to recognize. And getting the money back is impossible. It’s another matter if an employee of an existing company decided to unjustly enrich himself at the company’s expense by forging the following documents:

a decision enshrined in the minutes of a meeting of shareholders (directors) by forging signatures (to avoid this, you can try to get permission to attend it);
power of attorney, perhaps the “Company” did not authorize the intermediary to receive funds;
by providing false information that the apartment is “clean” in all respects and no one is registered in it, by providing a registration from the Unified State Register of Real Estate at the last moment.

But even in this case, it is very difficult to get your money back after one of the founders (or several) filed a claim with the court to declare the alienation procedure invalid.

To avoid any risks when purchasing an apartment from a legal entity, it is necessary to carefully check and double-check all available documents for the property. And the best solution to this problem is to contact a lawyer specializing in this area of law.

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About registration without ownership of living space

The validity of permanent registration is terminated from the moment the citizen is discharged on his own initiative or the court decision on forced termination of registration comes into force. Permanent registration is usually issued at the place of residence of the person, however, its presence at a certain address does not oblige the person to live there.

Thus, every citizen of the Russian Federation is obliged to “designate” his place of residence by registering within 90 days. For violation of this requirement, administrative liability is provided under Art. 19.15.1 of the Code of Administrative Offenses of the Russian Federation.

Differences between the purchase procedure by a legal entity and a transaction between individuals

The procedure for purchasing a real estate property by a legal entity does not differ significantly from the execution of a transaction between individuals. The only difference between them is taxation (as a percentage).

Let's give a simple example:

One of the co-founders of the LLC decided to purchase a residential property on behalf of this “Society”. In this case, the main requirement is the conclusion of a purchase and sale agreement between the company and the individual. Next, the “Company” needs to register its ownership rights in Rossreestr.

Let us assume that this shareholder subsequently decided to transfer this object to an individual (himself). This is not prohibited by law. To do this, you also need to conclude a contractual agreement on the sale of property, but with the attachment of additional documents relating to the purchase of an apartment from a legal entity (consent of the second co-founder, etc.). Such an “exchange” can be completed in one day through a multifunctional center or directly at Rossreestr.

The only thing that “Society” needs to take into account is the transparency of the transaction, so that there are no problems with the tax inspectorate later. It is better to consult with an experienced specialist to choose the best option for both parties, with the minimum tax rate.

In any case, no matter who you are as a seller or buyer, a legal entity or an individual, real estate transactions are always associated with great risks. In most situations, it is not possible to independently understand all aspects of contractual relations, legal terms and the regulatory framework. To protect yourself, seek expert help. Be carefull.

Is it possible to register an LLC for the director’s apartment? Home address as legal address

Let's consider an example by analogy, when the legal address of a limited liability company is an office. Let’s imagine that a certain organization registered at the legal address of this office has accumulated loans and cannot repay them. Do you think this office can be taken away from its owner for the debts of the organization in question? Of course this is absurd! The situation is the same with the apartment where the LLC is registered. They cannot take it away because it is just the legal address of the company.

Special cases of restriction of rights

In judicial practice, there are many cases where home owners cannot fully exercise their rights to sell it.

, due to the registration of former family members and other persons in it.

This is due to the fact that the owner can register anyone on his territory at will, but if necessary, it is not so easy to register a citizen without his consent

What rights does someone registered in a privatized apartment have? According to Article 40 of the Constitution of the Russian Federation, a person cannot be deprived of his living space

, if he does not have the opportunity to settle elsewhere or does not have the funds to purchase housing.

Constitution of the Russian Federation Article 40. Everyone has the right to housing

Everyone has the right to housing. No one can be arbitrarily deprived of their home.
State authorities and local governments encourage housing construction and create conditions for the exercise of the right to housing.
Low-income people and other citizens specified in the law who need housing are provided with it free of charge or for an affordable fee from state, municipal and other housing funds in accordance with the norms established by law.

In this case, it will be impossible to vacate the apartment for sale. You'll have to sell it "with encumbrance"

, that is, with a citizen registered and living in it.

It is also impossible to evict a person living in it from a privatized apartment on the basis of a testamentary refusal

If a citizen has received residence rights through a will, he has equal rights with the owner and can use the premises for the entire period specified in the will.

In this case, this citizen bears joint responsibility

in relation to the premises on an equal basis with the owner (unless there is an agreement prescribing a different procedure).

In any cases where it is impossible to independently determine the rights and obligations of owners and registered residents of residential premises, it is advisable to seek advice from professional lawyers

. In case of any violation of your rights in relation to privatized real estate, file a claim in court.

Only the owner has the right to register residents in his area. But apart from the rights of residence and use, he does not have. If the apartment has several owners, then in order to register other persons it is necessary to draw up a written consent of the co-owners of the current living space. Among the package of documents required to be provided will be a statement stating that the premises have been provided for the use of the new citizen.

If the apartment is not privatized, then in order to register a new person, an application from the owner and all family members who have reached the age of 18 will be required. In addition, it is necessary to make changes to the rental agreement regarding the number of people living.

Why do you need registration?

According to current legislation, all citizens staying temporarily or permanently on the territory of the Russian Federation are required to register at their place of residence.

Under the Soviet Union, this was called propiska. Now – registration.

At the same time, citizens do not have the right to be registered at one address and live at another, especially in another locality or region of the country.

There is no consensus among the country's population and legal scholars on the institution of registration. Some consider this a restriction of the right to free movement throughout the country. Others, on the contrary, protect property rights from illegal encroachment.

At the same time, the legislator is of the view that registration should be carried out at the place of permanent or temporary residence of citizens.

By registering in residential premises, citizens are endowed with certain rights and freedoms in relation to the rented residential premises. All of them are quite clearly stated in housing and other legislation.

Note! Due to their legal illiteracy, many homeowners fear that after registering an outsider in their apartment or house, they will be able to claim housing. However, such fears are groundless and are refuted by certain provisions of the current legislation of the Russian Federation.

Is it possible to register individuals in an apartment if the owner is a legal entity

Interestingly, Article 54 of the Civil Code of the Russian Federation states that the legal address of an LLC is located at the place of presence of the sole executive body . In other words, if the CEO (general director with whom the employment contract was concluded) is assigned to the apartment and runs the business from there, then the legal address at the place of residence of the founder does not contradict the law. This conclusion is supported by both the Housing Code of the Russian Federation and the Labor Code of the Russian Federation. So, in particular, Article 17 of the Housing Code, answering the question of whether an LLC can be registered at a home address, says that residential premises can be used for business activities if the neighbors do not mind.

Not every business (especially in its infancy) requires an office. Many entrepreneurs absolutely rightly believe that maintaining an office is costly, troublesome and not always necessary. Moreover, without a legal address, an LLC cannot exist as a legal entity. This raises the question, is it possible to register an LLC at the home address of the founder in 2020 ?

30 Jun 2020 hiurist 529

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