Register Jurisdiction Determeined By Person’s Home Address
Location of legal person is determined by the place of its state registration (Section 2, Article. 54 Civil Code). The latter is carried out at the location of its permanent executive body, as if he has none – other body or person authorized to act on behalf of the organization without a warrant. Such a norm is in the Law of 08.08.2001 129-FZ However, the above-mentioned regulations was not told about the requirements for site the permanent executive body, other body or person authorized to act on behalf of the entity without a warrant. Consequently, their location can be anything. At the same time must take into account the purpose of the premises in which the planned deployment of the executive.
The latter is important because, in accordance with article 288 of the Civil Code of accommodation designed for living people. Citizen – owner of premises may use it for personal residence and residence of family members. Where to stay in homes of industrial production is not allowed and possible only after the transfer of such facilities in the category of uninhabited. The new Housing Code, there is a slight addition to the above: it is allowed to use the dwelling to carry out professional activities or self-employment by citizens living in it, if it does not violate the rights and lawful interests of other citizens, as well as requirements to be met by a dwelling. Consequently, Only citizens have the right to use the housing in order to carry out professional or personal business. Summarizing the above, it should be noted that legislators, setting the Rules for registration jur. persons who are not banned to specify a home address as the address for registration jur. person. Moreover, among the grounds for refusal to register the organization of such causes as the constituent documents the legal norms of any indication in the statement addresses that do not meet the requirements of law, no. Consequently, the firm may use the home address as registered in the register without to exercise at this address economic activity. This position is also reflected in the decisions that placed in the safeguards system (see, eg, Ruling of the Federal District Far from 23.04.2004 F03-A73/04-2/631, fas Northwest District from 28.10.2003 A56-16107/03).