LAW OF THE REPUBLIC OF TAJIKISTAN

of May 19, 2009 No. 508

About state registration of legal entities and individual entrepreneurs

Chapter 1. General provisions

Article 1. Subject of regulation and coverage of this Law

1. This Law governs the relations arising in case of state registration of creation, reorganization and liquidation of legal entities, state registration of physical persons as individual entrepreneurs, the termination of their activities, state registration of creation and the termination of activities of branches and representations of foreign legal entities, maintaining the Unified State Register of Legal Entities and individual entrepreneurs and introduction in it of changes and amendments.

2. Operation of this Law does not extend to public authorities, being legal entities, procedure for creation and which activities it is determined by the legislation of the Republic of Tajikistan.

3. The procedure for state registration of political parties, public associations, and also public (non-commercial and non-state) the organizations of foreign states, accounting registration of their branches, representations and religious associations is determined by the legislation of the Republic of Tajikistan.

4. Features of state registration of the legal entities performing activities for banking activities including Islamic banks, foreign currency transaction, activities of the operator of payment and insurance system, are performed taking into account requirements of the legislation of the Republic of Tajikistan.

Article 2. Basic concepts

In this Law the following basic concepts are used:

- state registration of legal entities and individual entrepreneurs (further - state registration) - actions of authorized state body in the field of state registration of legal entities and individual entrepreneurs (further - the body performing state registration) on official registration of dispositive fact of creation, reorganization and liquidation of legal entities, physical persons as individual entrepreneurs and the termination of their activities (further - individual entrepreneurs), creation and the termination of activities of branches and representations of foreign legal entities, and also entering of information about them into the Unified State Register of Legal Entities and individual entrepreneurs;

- electronic registration – electronic submission of documents by the applicant for state registration of creation, modification and amendments in the Unified State Register of Legal Entities and individual entrepreneurs and the termination of activities as a result of which the bodies performing state registration issue the document of state registration electronically;

- The Unified State Register of Legal Entities and individual entrepreneurs (further - the Unified state register) - single state information databank about legal entities, their branches and representations, individual entrepreneurs, branches and representations of foreign legal entities;

- the document confirming state registration the document issued by the body performing state registration in paper or electronic form (The certificate on state registration of the legal entity or the Certificate on state registration of a person as an individual entrepreneur, or the Patent for the right of implementation of individual business activity, or the Certificate on state registration of branch and representation of the foreign legal entity, and (or) the statement from the Unified state register), testimonial of the fact of creation, reorganization or liquidation of the legal entity, the beginning or the termination of activities of physical person as the individual entrepreneur, creation and the termination of activities of branch or representation of the foreign legal entity and entering of information about them into the Unified state register;

- single identification number - the single number code based on identification taxpayer number which is unique and is appropriated by the body performing state registration, to legal entities, individual entrepreneurs, branches and representations of foreign legal entities in case of state registration and serves for their identification.

- the applicant - person who addressed to the body performing state registration with the written application about state registration;

- legalization of documents - the confirmation of conformity of documents to the legislation of the state of their origin representing certification of signature and, in proper cases, seal on documents and acts for the purpose of their use in other state;

- apostilization - the authentication of the signature, seal (stamp) which fasten the original document;

- the beneficial owner – physical person (persons) who directly or indirectly (through the third parties, including through ownership chain) owns (ют) the property right (has (ют) the prevailing equity participation of the client) or really controls (ют) the client, or the physical person, from name or for the benefit of which transaction (transaction), and also the physical person (persons) controlling the legal entity or foreign legal education is made.

Article 3. Legislation of the Republic of Tajikistan on state registration of legal entities and individual entrepreneurs

The legislation of the Republic of Tajikistan on state registration of legal entities and individual entrepreneurs is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

Article 4. State registration by the principle "single window"

1. State registration is performed by the body performing state registration for the principle "single window" without conducting legal examination of the provided documents.

2. State registration by the principle "single window" means the following:

1) for state registration the applicant provides the documents provided by this Law in written or electronic form only in the body performing state registration in the location (address) of the legal entity (the residence of the head of the legal entity), the residence (activities) of the individual entrepreneur, the location (address) of branch or representation of the foreign legal entity (the residence of the head of branch or representation of the foreign legal entity). For reliability of the provided documents and completeness of the data reflected in them complete responsibility is born by the applicant according to the legislation of the Republic of Tajikistan;

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