Article 8. Dates and place of state registration
1. State registration is carried out within no more than five working days from the date of submission of documents to the registration authority, unless otherwise provided by this Federal Law.
2. State registration of a legal entity is carried out at the location of the permanent executive body specified by the founders in the application for state registration, in the absence of such an executive body - at the location of another body or person having the right to act on behalf of the legal entity without a power of attorney.
3. State registration of an individual entrepreneur is carried out at his place of residence.
Article 9. Procedure for submitting documents during state registration
1. Documents can be sent to the registration authority by post with a declared value when forwarded with an inventory of the contents, submitted directly or through a multifunctional center for the provision of state and municipal services (hereinafter referred to as the multifunctional center), sent in the form of electronic documents signed with an electronic signature, using information - public telecommunication networks, including the Internet, including a single portal of state and municipal services, in the manner established by the federal executive body authorized by the Government of the Russian Federation.
Submission of documents to the registration authority directly or through a multifunctional center can be carried out by the applicant or his representative acting on the basis of a notarized power of attorney, with such a power of attorney or a copy thereof, the accuracy of which is certified by a notary, attached to the submitted documents.
1.1. Requirements for the execution of documents submitted to the registration authority are established by the federal executive body authorized by the Government of the Russian Federation.
1.2. An application, notification or message required for state registration is submitted to the registration authority in the form approved by the federal executive body authorized by the Government of the Russian Federation, and is certified by the signature of the applicant, the authenticity of which must be certified by a notary, unless otherwise established by this paragraph. In this case, the applicant indicates his passport data or, in accordance with the legislation of the Russian Federation, data of another identification document and taxpayer identification number (if any).
Notarization of the applicant's signature on the application, notice or message submitted for state registration is not required in the following cases:
submission of documents provided for in Article 12 of this Federal Law directly to the registration authority by the applicant personally, with the simultaneous presentation of a document proving his identity;
submission of documents provided for in Articles 22.1, 22.2 and 22.3 of this Federal Law to the registration authority directly or through a multifunctional center by the applicant personally, with the simultaneous presentation of a document proving his identity;
sending documents to the registration authority in the manner established by paragraph 1 of this article, in the form of electronic documents signed with an enhanced qualified electronic signature of the applicant.
1.3. For state registration of a legal entity, the following individuals may be applicants:
a) the head of the permanent executive body of a registered legal entity or another person who has the right to act on behalf of this legal entity without a power of attorney;
b) the founder or founders of a legal entity upon its creation;
c) the head of a legal entity acting as the founder of a registered legal entity;
d) bankruptcy trustee or head of the liquidation commission (liquidator) upon liquidation of a legal entity;
e) another person acting on the basis of the authority provided for by federal law, an act of a specially authorized state body or an act of a local government body.
1.4. When making changes to the unified state register of legal entities concerning the transfer of a share or part of a share in the authorized capital of a limited liability company, the applicants may be a member of the company, a founder (participant) of a liquidated legal entity - a member of the company, having proprietary rights to its property or rights of obligation in relation to this liquidated legal entity, the legal successor of the reorganized legal entity - a member of the company, the executor of the will and the notary.
If the company participant, founder (participant) of a liquidated legal entity - a company participant, who has proprietary rights to his property or mandatory rights in relation to this liquidated legal entity, the legal successor of a reorganized legal entity - a company participant, indicated in paragraph one of this paragraph, are legal entities, such applicant may be the head of the permanent executive body of such a legal entity or another person who has the right to act on behalf of such a legal entity without a power of attorney, as well as an individual acting on the basis of a notarized power of attorney. The specified power of attorney or its copy, the accuracy of which is certified by a notary, is attached to the documents submitted to the registration authority.
1.5. For state registration of an individual entrepreneur, the applicant can be an individual applying for state registration or registered as an individual entrepreneur.
2. The date of submission of documents for state registration is the day they are received by the registering authority.
3. On the day of receipt of documents submitted directly to the registration authority, such authority issues a receipt of documents indicating their list and the date of their receipt to the applicant or his representative, acting on the basis of a notarized power of attorney. If documents are submitted to the registration authority through a multifunctional center, this receipt is issued by the multifunctional center to the applicant or his representative acting on the basis of a notarized power of attorney.
When the registering authority receives documents sent by post, a receipt for receipt of the documents, if there is a corresponding instruction from the applicant, is sent by the registration authority to the postal address specified by the applicant no later than the business day following the day of receipt of the documents.
When documents are received by the registration authority in the form of electronic documents using public information and telecommunication networks, including the Internet, including a single portal of state and municipal services, a receipt for receipt of documents during the working day following the day of receipt of documents is sent to in the form of an electronic document to the email address specified by the applicant.
Information about the fact of submission of documents to the registration authority no later than the business day following the day they were received by the registration authority is posted on the official website of the registration authority on the Internet.
3.1. The registration authority ensures recording and storage of all documents submitted in accordance with this Federal Law in the manner established by the federal executive body authorized by the Government of the Russian Federation.
4. The registration authority does not have the right to require the submission of documents other than the documents established by this Federal Law.
4.1. The registration authority does not check for compliance with federal laws or other regulatory legal acts of the Russian Federation the form of the submitted documents (except for the application for state registration) and the information contained in the submitted documents, except for the cases provided for by this Federal Law.
5. Notarization of documents submitted during state registration is necessary only in cases provided for by federal laws.
6. An individual has the right to send written objections to the registration authority regarding the upcoming entry of data about him into the unified state register of legal entities, indicating his passport data or, in accordance with the legislation of the Russian Federation, data of another identification document and taxpayer identification number (if any). Such an objection can be sent to the registration authority by post, submitted directly, sent in the form of an electronic document signed with an electronic signature, using public information and telecommunication networks, including the Internet. When sending an objection by mail, the authenticity of the signature of an individual must be certified by a notary.
State duty for state registration of property rights
State registration of ownership of an apartment and other real estate is carried out only upon payment of a state fee. The amount of state duty is established by the Tax Code of the Russian Federation.
According to paragraph 22 of part 1 of Article 333.33 of the Tax Code of the Russian Federation, for state registration of ownership of real estate, a state duty is collected from citizens in the amount of 2,000 (Two thousand) rubles, from organizations - 22,000 (Twenty two thousand) rubles.
Since January 2020, the obligation to submit a document confirming payment of state duty to register property has been abolished.
It is still recommended to provide the original payment document and its copy when submitting the application.
Read more about the amount of the state fee when registering rights, when registering a mortgage, when registering a child-only subsidiary and other cases here.
Article 11. Decision on state registration
1. The decision on state registration made by the registering authority is the basis for making a corresponding entry in the relevant state register.
2. The moment of state registration is recognized as the entry by the registering authority of the corresponding entry into the relevant state register.
3. The registering authority, no later than one working day following the day of expiration of the period established for state registration, in accordance with the applicant specified in the application, notification or message submitted for state registration, issues documents to the applicant or his representative, acting on the basis of a notarized power of attorney and providing such a power of attorney or a copy thereof, the accuracy of which has been certified by a notary, to the registration authority, or sends by mail a document confirming the fact of making an entry in the relevant state register. If the applicant does not indicate the method of obtaining documents, the registering authority sends a document confirming the fact of making an entry in the relevant state register to the postal address specified by the applicant. If the applicant or his representative, acting on the basis of a notarized power of attorney, submits documents to the registration authority through the multifunctional center, a document confirming the fact of making an entry in the relevant state register is sent by the registering authority within the period established by this paragraph to the multifunctional center, which issues the specified document to the applicant or his representative, acting on the basis of a notarized power of attorney and providing such a power of attorney or a copy thereof, the accuracy of which is certified by a notary, to the multifunctional center. The form and content of this document are established by the federal executive body authorized by the Government of the Russian Federation. Upon receipt by the registration authority of documents provided for by this Federal Law, in the form of electronic documents signed with an electronic signature, using public information and telecommunication networks, including the Internet, including a single portal of state and municipal services, as well as when indicating in the application for state registration of information provided for in subparagraph “c.1” of paragraph 1 or subparagraph “e.1” of paragraph 2 of Article 5 of this Federal Law, a document confirming the fact of making an entry in the relevant state register is sent in the form of an electronic document to the email address mail specified by the applicant. In this case, the registration authority is obliged to submit the document provided for in this paragraph in written (paper) form upon the corresponding request of the applicant.
3.1. The registering body, no later than the working day following the day of state registration, submits in the form of an electronic document in the manner established by the federal executive body authorized by the Government of the Russian Federation, information contained respectively in the unified state register of legal entities, the unified state register of individual entrepreneurs, to state extra-budgetary funds for registration and deregistration of legal entities and individual entrepreneurs as insurers.
4. The registering authority, within no more than five working days from the date of state registration, submits information about registration in the form of an electronic document to state bodies determined by the Government of the Russian Federation. The composition of information sent to the specified state bodies, as well as the procedure and timing for providing the relevant legal entity or individual entrepreneur with information about its credentials are established by the Government of the Russian Federation.
How is property rights registered?
Registration of rights to real estate is a long process. As a rule, this is due to the complexity of preparing and submitting documents. But the procedure itself takes place within 4 weeks.
This is important to know: Canopies over the entrances of apartment buildings
Property registration includes the following steps:
- You need to resort to the services of the Federal Registration Service or local departments that have the right to register such objects.
- You must provide all papers for registration.
- The relevant service will conduct an examination of the submitted acts and verify the legality of the operation.
- The authorities will check the availability of existing rights to the required object.
- Consideration of possible reasons for termination of the transaction.
- Recording information in the Unified State Register of Rights.
- Registration of papers for the right of ownership.
- Issuance of papers that will confirm state registration of property.
The property registration process is permitted to the following categories:
- citizens of Russia who have reached the age of majority;
- citizens registered in other states;
- legal representatives of other states;
- Russian legal representatives;
- citizens without any citizenship;
- international organizations of any format;
- foreign states;
- municipal organizations;
- subjects of the Russian Federation.
According to the law, refusal to register property must be motivated. That is, the reasons that made the procedure impossible are presented in writing. Among the most common are:
- provision of an incomplete package of documents;
- an incorrectly drawn up application;
- providing false information;
- the existence of a ban on registered property;
- doubts about the veracity of documentary information;
- arrest of the object.
