You start negotiations with a potential partner, but something about him is suspicious. What if he is no longer a legal entity, but a fraudster? AT Eventually, this happens quite often: the company no longer officially exists (it went bankrupt or closed for any other reason), and its former leader trying to get a good deal with a decent businessman. How do you know if a business has gone into liquidation?
Excerpt - at any cost!
Recall that information about all Russian companies are contained in the Unified State Register of Legal Entities - the Unified State Register of Legal Entities. This registry data is updated almost in real time. The Unified State Register of Legal Entities displays full information about a particular company - its organizational and legal form, name, registration information and, which is especially important for us, status.
None of the other official or unofficial acts contain absolutely reliable information about the status of the firm. You can only find out whether a company is working or has already died in Bose from the registry. There are two ways to access the register.
We use the online service of the Federal Tax Service
The easiest way to get to the Unified State Register of Legal Entities is through the official website of the federal tax service (http://egrul.nalog.ru/). Here you can get information about legal entities, private entrepreneurs and peasant (farm) enterprises. You can find out if the organization has been liquidated by the TIN - just enter the number in the appropriate box. If you do not know the TIN, it does not matter - you can get by with the full name of the company. True, if the name is common (“Elena”, “Aurora”, some kind of “Chamomile”, etc.), there is a risk of running into a dozen of the same type of firms. As a result, you will have to calculate the right one with the help of logic and intuition, which is rather dreary.
The statement itself is presented as a PDF file, which can be downloaded directly from the site. Previously, the online version of the extract from the Unified State Register of Legal Entities was "abbreviated" - in electronic version only basic information was displayed. Now electronic and paper version equal in terms of information content.
Online access to the Unified State Register of Legal Entities is not limited and is provided to all users. By the way, you don’t have to pay the state duty – the service is absolutely free. Another plus is that the "electronic" statement is not inferior to paper in legal force. If, for example, you need to use it in court as evidence, the downloaded report can be printed on a regular printer, and then put your signature on each sheet. The law allows this printout to be applied to statement of claim and use it in litigation.
The described method has many advantages and not a single flaw. Simple, fast, convenient and free.
We receive an extract from the department of the Federal Tax Service
If the previous option for some reason does not suit you, you can go the traditional way. The traditional path leads straight to the FTS inspection department, where you will need to submit a request for information from the unified register. You can come to the branch both at your place of residence and at the location of the “suspicious” company. The whole procedure is carried out in the following order.
- First, you will need to pay the state fee. Her standard size- 200 rubles. If you want to receive an extract immediately (more precisely, the next day after applying), you will have to pay 400 rubles to the cashier. Details for paying the fee can be obtained either at the branch of the Federal Tax Service or on the official website of the tax. You have the right to make a payment both at the branch of any of the partner banks of the tax service, and online (yes, all on the same site).
- The second stage is the preparation of a written request. unified form the request does not exist, so it is written in an arbitrary form. You will need to indicate the name of the company you are interested in (full or abbreviated) or its OGRN / TIN. If you need the extract urgently (and you paid a fee of 400 rubles), add the note “urgently” to the request. At the end, indicate the method of receipt convenient for you (by hand or by mail).
- After 5 business days (or the next day, if you ordered an "urgent" statement), you will receive a report and finally find out whether the organization has been liquidated or not. An extract is issued at the same tax office. As mentioned above, you can also order "delivery by mail", but this is not the best option – most likely, the letter will come only in a week, not earlier.
- By the way, the request itself can also be sent to the tax authorities by mail. This is not recommended for the same reason - you have to wait a very long time.
This method is difficult to advise - too long and inconvenient, besides, you will have to waste time and money. However, it also has two advantages:
- In addition to the extract, you can order copies of documents from the tax office that relate to the company you are interested in and are contained in the Unified State Register of Legal Entities (various certificates, statements, etc.). Perhaps some of them will be useful in the future. For each of the documents, you will also have to pay 200 (or 400) rubles.
- The extracts received from the inspectorate still carry more weight in the eyes of some civil servants. This is a purely psychological moment, but if you want to play it safe, come to the tax office for information, and not to the site.
Do not forget that the standard expiration date for an extract from the USRIL is 30 calendar days. After that, it is recognized as irrelevant and is not accepted in the state. institutions.
How to find out if a legal entity has been liquidated in bankruptcy?
One of the main reasons for the liquidation of enterprises is bankruptcy. If a bankruptcy proceeding is being held against the company you are interested in, the case is clearly unclean. Even if the company has not yet been liquidated, it may disappear in the very near future - just after you make a deal with its owner (in full accordance with Murphy's law). Therefore, it will not be superfluous to ask if the potential counterparty is not doing too well with finances.
You can get this kind of information from two publications:
- "Messenger state registration”(this is a magazine where notices are published about all significant changes that occur with legal entities - liquidation, reorganization, bankruptcy proceedings, etc.);
- newspaper "Kommersant", in which a whole section is devoted to the issues of insolvency of organizations.
Both editions are published both in printed form and in electronic version. Finding data about any company on the site of the same Kommersant is not difficult - the menu is intuitive, and there are many search options. In the Kommersant file cabinet there is a separate item "Checking counterparties", where you can find out official information about the company and even assess the risks of interacting with it using express analysis financial activities. To obtain information, you only need a TIN or PSRN.
After receiving information about the activities of the company, carefully study the list of cases in which it has ever appeared. Bankruptcy cases of interest to us are marked with the letter "B". If there are any, read them carefully - you will need to find out which side the firm is on. If she acts as a creditor, then there is no cause for concern. But for obvious reasons, it is better not to get involved with the debtor.
In general, Kommersant and Vestnik are very useful resources. With their help, you can both learn about the liquidation of the organization, and evaluate its solvency and solvency.
What is the result?
The liquidation of a company always entails the complete termination of its rights and obligations. Unfulfilled obligations are canceled, and signed contracts are not valid, since one of the parties does not actually exist. The danger of interacting with such "ghosts" is obvious.
In order not to get into an unpleasant situation, you need to use a two-stage system for checking counterparties. Firstly, you should definitely get an extract from the Unified State Register of Legal Entities. Only in this registry can you find up-to-date and reliable data on legal entities with absolute certainty. Secondly, it is necessary to assess the prospects using information from the Vestnik or Kommersant database. You can go through both stages in just 15-20 minutes.
It is worth personally going for an extract from the tax office in cases where you have already concluded an agreement with a legal entity or formalized business relations in some other officially documented way. If the case goes to court, the extract can be a serious confirmation of your claims. However, a printout of an extract from the website of the Federal Tax Service will also be equivalent evidence. If you just want to find out if the LLC has been liquidated, then there is not much point in going to the tax authorities.
When deciding on cooperation with a company or individual entrepreneur, the question of the reliability and honesty of the Counterparty constantly arises. This applies to the situation when an Individual orders a product or service, and the situation when a Legal Entity begins cooperation with a new Supplier / Partner / Client.
When making a payment (prepayment) for goods or services, it must be clearly understood that the Supplier will fulfill all its obligations, deliver the goods or provide the service clearly and on time.
It is important to check the Counterparty and choose reliable companies to eliminate possible supply risks low-quality goods, lack of warranty service.
For Legal entities, verification of the Counterparty is the main action to prevent financial and tax risks. The Federal Tax Service strongly recommends checking Counterparties and exercising Due Diligence using all available open and legitimate sources of information. The easiest way to Check the Counterparty is to get an extract from the Unified State Register of Legal Entities / EGRIP on the tax website. For more complete information, it is recommended to use the service for checking counterparties ZACHESTNYYBUSINESS.
On the ZACHESTNYYBUSINESS portal, you can check the Counterparty of a legal entity or individual entrepreneur for free according to information from official open sources (FTS, ROSSTAT, etc.)
The data on the portal is updated daily and synchronized with the nalog.ru service of the Federal Tax Service of the Russian Federation*.
For free check Counterparty by TIN / OGRN / full name / Name, use the search bar:
To do this, enter the TIN or OGRN of the company in the search box.
If you do not have the exact details, it will be enough to enter the name of the company. If the name is common and a list appears at your request, it is advisable to clarify the request:
. enter the name of the company + the surname of the director (for example: TECHPROM IVANOV)
. or: company name + location (for example: TEHPROM MOSCOW)
. or all parameters at once (for example: TEHPROM IVANOV MOSCOW)
A brief algorithm for Checking the Counterparty (how to determine a reliable Counterparty using HONEST BUSINESS.RF):
- The organization must exist, its status must be Active.
- The company should not be in special registers of the tax service (FTS), otherwise a red inscription will appear on the card under the name of the company. For example:
There is no connection with the legal entity by legal entity. address (according to the Federal Tax Service). - Companies with a period of activity of less than a year have increased risks (determined by the date of registration). According to statistics, every 3rd company ceases operations during the first year.
- The company must be located at the address of registration. The company must not have a mass registration address. How many companies are still registered at this address is indicated in the card under the address. Bulk addresses are often used by unscrupulous companies or fly-by-night companies.
- The types of activities of the company must coincide in meaning with the actual activities of the company.
- Head (director) of the company. If you know who the head of the company is, check this information. There are cases when companies are registered with nominee managers, i.e. persons not participating in the activity. This is one of the main signs of unscrupulous companies.
- Check the number of employees. A company that does not have own employees and material and technical base may not fulfill its obligations.
- Check the availability of registration in off-budget funds. Without registration, for example, in the FIU, the company cannot transfer funds to the Pension Fund.
- The authorized capital of the company. The minimum in the Russian Federation is 10,000 rubles. The larger the authorized capital, the less risks when working with the Counterparty.
- It is also worth paying attention to Financial indicators (does not apply to companies that have existed for less than a year). We pay attention to the articles: “Net profit (loss)” - a loss-making company may have financial problems. The article “Fixed assets” shows the presence of Property in the ownership of the company.
- Particular attention should be paid to the data of the Arbitration Court (a separate tab in the card of a Legal Entity or an Individual Entrepreneur on the HONEST BUSINESS portal). Availability of court cases on non-fulfillment of obligations and claims for recovery Money to the checked Organization, speaks about unreliability of the Counterparty.
- Check the FSSP data. The presence of enforcement proceedings indicates the forced collection of funds from the audited company.
We wish you to work with trustworthy, honest Contractors!
Convenient, comfortable work when checking Counterparties on the portal!
Your HONEST BUSINESS.RF.
* The data of the Unified State Register of Legal Entities / EGRIP are open and are provided on the basis of clause 1 of article 6 federal law dated 08.08.2001 No. 129-FZ “On State Registration of Legal Entities and individual entrepreneurs»: Information and documents contained in state registers are open and publicly available, with the exception of information to which access is limited, namely information about documents proving the identity of an individual. On the website ZACHESTNYYBUSINESS.RF you can check the Counterparty for free and exercise Due Diligence. All instructions and requirements presented on the website ZACHESTNYYBUSINESS.RF are not binding and are advisory in nature. Recommendations are given for the possible reduction of economic risks. When concluding transactions, taxpayers, first of all, must take into account the provisions of the Constitution Russian Federation and the Civil Code of the Russian Federation. Due to the principle of freedom economic activity the taxpayer carries out entrepreneurial activity independently at his own risk. The administration of the site ZACHESTNYYBUSINESS.RF is not responsible for possible economic losses / cases of lost income and does not give any guarantees or assurances to third parties.
The legislation does not oblige them to conduct an audit of counterparties, they are rejected by the courts, because with ... obligations. Failure to take measures to verify the counterparty, documents on his behalf, is ... evaluate the measures taken by the taxpayer when checking the counterparty at the stage of his choice. It is important ... they tend to believe that checking only the legal capacity of a counterparty does not indicate that ... it will be easier to independently carry out a due diligence check of a potential counterparty. Important! In addition to tax...
The implementation of verification of counterparties fulfills two main purposes: - ... guarantees, etc.). The verification of counterparties fulfills two main purposes: ... to confirm the good faith in choosing a counterparty and the reality of the transaction of an extract ... An unreasonable tax benefit has been received: the disputed counterparties do not have fixed assets, ... with the Applicant. In addition, the counterparties submitted to the tax authorities according to ... regulations, here are the papers, we are checking the counterparties. Yes, you are surrounded by papers ...
Appointment of an on-site tax audit. It is necessary to carefully check counterparties and monitor ... services from the company "1C" ("1C: Counterparty" and "1SPARK Risks"). Important ... you can also develop a special procedure for checking counterparties and do not forget to save ... alternative suppliers; long-standing relationship with a counterparty, etc. Such preparation ... of all “hanging” issues with counterparties. However, even here it is necessary to remain ... attempts to coordinate their actions with counterparties. The Federal Tax Service has the right to request from employees ...
The tax authority understands the verification of: the powers of persons acting on behalf of the counterparty; the availability of appropriate ... characterizing the partner's business reputation; solvency of the counterparty; the risk of non-fulfillment of obligations and the provision ... of their fulfillment; that the counterparty has the necessary labor and production resources... exists large quantity services for checking counterparties that allow with that ... agreement; on the proper performance by the counterparty of the obligations of the taxpayer, including ...
And caution is evidence of checking the counterparty according to various criteria. Next, we ... evidence of their conduct: a) verification of the counterparty's good faith as a taxpayer: evidence of ... information. This will prove that the verification of the counterparty was carried out before the conclusion of the contract with ... information about the tools for verification of counterparties. Date (period) of the check: 11/20/2016- ... of the counterparty that was obtained during the check. Information about contact persons of the counterparty; about the contractor's specialists...
The body conducting a tax audit has the right to demand from the counterparty or from others ... from the question, the counterparty of the Organization is undergoing a tax audit. Therefore, by virtue of ... whether the reclamation during a desk check of documents from counterparties under Art. ... Moreover, according to the courts, the counterparty of the audited taxpayer is not entitled to assess ... non-compilation by the taxpayer or non-receipt from the counterparty, or expiration of the storage period). ... is about correspondence with the counterparty on issues economic activity. ...
Powers, information about the actual location of the counterparty, as well as the location ... real business transactions with its counterparties that have signs of nominal activity (... showed due diligence when choosing counterparties. The tax office then revealed ... even recommends companies to implement the verification counterparties as part of the workflow schedule in ... a maximum of documents when interacting with counterparties, which will serve as evidence of the manifestation ...
Confirmation of the authority of the head (representative) of the counterparty, copies of the document certifying him ... copies of documents confirming that the counterparty has production facilities, required licenses, ... collected by the taxpayer about the activities of his counterparty. Important! Most courts adhere to ... A12-34319/2015). Algorithm for checking a potential counterparty Based on the explanations of tax ... judicial practice, we present an algorithm for checking the counterparty in order to demonstrate proper ...
Gray" counterparty - a reason to recognize the fictitiousness of transactions? As a result of an on-site audit of the company ... the "features" of the counterparty were used for additional accrual. After analyzing the activities of a strange company, ... a cheat sheet for checking counterparties. Taxpayers are advised to check with contractors for the availability of the necessary ... prudence when choosing counterparties; check that counterparties have the necessary property, ... evaluate the business reputation, solvency of the counterparty, as well as the risk of default ...
Finding out from the manager on the choice of counterparties, the procedure for signing contracts, accounting ... founders? 9. You agree on the choice of counterparties or the costs to be incurred ... establishing the identity of the counterparty manager and business reputation counterparty organization. 25. A sign ... during the audit, the relationship between the taxpayer and his dubious counterparties is examined. Heads of such counterparties ... evidence, including the lack of employees, property, office, lack of ...
Documents as part of a desk audit of a specific tax return (probably ... documents are required by the tax authority to verify the validity of the declared expenses ( tax deductions... face tax authority, conducting a tax audit, has the right to demand from the audited person ... the deadline for the documents requested as part of the tax audit (failure to send a notification about the impossibility ... of the declarations of the organization and its counterparty (the person involved by the counterparty to fulfill obligations under ...
Definitions and step by step instructions on verification of the counterparty... It seems that they are right, but... provided the Regulations for the selection of counterparties and the Questionnaire for verification of the counterparty according to official websites... in the tax authority; verification of the fact of entering information about the counterparty in the Unified State Register of Legal Entities; receipt ... then the commission waved a pen to the counterparty. If the check confirmed the irreproachable present and ... can life hacks be provided for the impeccable verification of counterparties? Agreement approval sheet. In document...
The same provides information on counter checks of counterparties and counterparties of counterparties); Conclusions (of course we are talking... in minimum size, as part of the counterparties there are potential ephemera, there are no resources ... he is taken for the counterparties of the "problem" supplier, and then the counterparties of the counterparty, and so on ... in court. Thus, if the counterparties of the audited taxpayer are not in the database... request documents on transactions with counterparties...; carry out the following activities: ... 4. ...
About the taxpayer, coming from counterparties or from servicing banks ... about the taxpayer, coming from counterparties or from servicing banks ... counterparties at the stage of pre-audit analysis, and during the audit, ... due diligence. The audit can go in several directions: counterparties for the most ... consulting and other services), verification of the largest counterparties (in terms of the amount of turnover of the taxpayer ... such an audit should be carried out even before the conclusion of contracts with counterparties. ...
It is important for the company to choose the right name for the new LLC, which would ideally characterize the activity and be the only one in the planned area. Checking the name of an LLC for uniqueness in the tax office is a fairly simple procedure that will protect you from unpleasant coincidences in the future. How to choose the name of an LLC when opening?
When creating an LLC, many would like to have a unique name, which can later be registered and obtained the exclusive right to use it. However, the legislation prohibits the registration of an LLC with the same name only if their activities are identical or the name is already registered as (part 3 of article 1474 of the Civil Code of the Russian Federation).
It turns out that it is possible to open an LLC with a name that another company already has, only if this name is not registered with Rospatent. Otherwise, the copyright holder may sue you.
There are several ways to check the future brand name:
- On the site of specialized enterprises.
- Using the paid services of special organizations.
- Through the patent offices.
When checking the name of an LLC, it is important to remember that the use of certain symbols and phrases is prohibited by law. All expressions that are subject to restrictions can be found in Civil Code(Article 1473 of the Civil Code of the Russian Federation).
Checking uniqueness on the website of the Federal Tax Service
Check if the name you have chosen exists in this moment on the market, you can personally in tax office or on its official website (link above). To do this, you just need to select the “check yourself and the counterparty” tab and enter the planned name in the window that opens. If you wish, you can choose a region if you are interested in a certain part of the country. If you leave this box blank, the program will search the whole of Russia. The procedure is carried out online. This is how easy, simple and affordable you can check the uniqueness of the name.
Other ways to check for uniqueness
Sometimes a check on the website of the tax office is not enough. You can verify the identity of your name on the websites of specialized companies that issue patents and have access to these registries. Many organizations provide paid services on verification of uniqueness and registration of activities. This will help you save time and carry out the procedure without unnecessary problems.
A well-chosen name will help you strengthen the status of your business in the future and avoid litigation. The selected company name will be entered in the register of legal entities and assigned to you.
