A legal address is the official address where a legal entity is registered and where its executive body is located. It is an important requisite for a company’s legal operation and interaction with state authorities, partners, clients, and tax services.
In the Republic of Belarus, the concept of “legal address” is not directly enshrined in the legislation but is actively used in business practice. Formally, this term corresponds to the definitions of “location of a legal entity,” specified in the Civil Code, and “location of an organization,” which appears in the Tax Code. It is the address specified in the company’s constituent documents, used during registration, and entered into the Unified State Register of Legal Entities and Individual Entrepreneurs (USR).
A legal address is mandatory for all organizations, regardless of their organizational and legal form and sphere of activity. This address is needed for business registration and official correspondence with state authorities, courts, tax inspection, and counterparties. At this address, the company receives legally significant notices, letters, and other documents.
When choosing a legal address, it is important to take into account certain requirements. In particular, the address must be real and provide the possibility of the actual location of the company’s management body or its representative office. Otherwise, the regulatory authorities may have questions, and the consequences may be fines.
Thus, a legal address is not just a formality but an element of a company’s legal status, which ensures its legal existence, reliability, and transparency in the eyes of partners, clients, and government agencies.
Requirements for a legal address in Belarus
A company’s legal address must comply with several requirements established by the legal regulations of Belarus. The main norms concern the permissible types of premises and peculiarities of their use. The requirements for a legal address also differ depending on the organizational and legal form of the business.
Permissible types of premises for registration of a legal address
When registering a company, the legal address must be tied to a specific premise that meets the following criteria:
1. It is located on the territory of the Republic of Belarus – this is a mandatory condition for all legal entities registered in the country.
2. Has a postal code and the ability to receive correspondence—the legal address is used for official correspondence, so the address of the premises must be real and served by postal services.
3. It provides an opportunity to locate the company’s governing body—state authorities can conduct inspections, and business partners can request confirmation of actual presence.
Peculiarities of use of residential and non-residential premises
A legal address can be located in both non-residential and residential premises, but with certain restrictions:
Non-residential premises (offices, business centers, production, and warehouse buildings) are the most preferable option for a legal address, as they automatically meet the legislation requirements.
The premises must be intended for business activities and have a permit for commercial use.
If a company leases a legal address, it must conclude a corresponding lease agreement with the premises owner.
Residential premises (apartments, private houses)
A legal entity can be registered at the place of residence of its founder only in certain cases.
This is possible under the condition of state registration of a private unitary enterprise (PUE) when the owner (one of the owners) of the residential premises resides at this address. When there are other owners or adult family members, it is necessary to obtain their consent.
It should be understood that a PUE cannot conduct its activities at the address of the residential premises, which is the legal address of this company. When there is a need to conduct business activities of the company in the residential premises, it must be converted to non-residential premises.
Specifics of a legal address for different organizational and legal forms of business
Requirements for the legal address differ depending on the type of legal entity:
1. Limited Liability Company (LLC) and other business entities
The legal address is specified in the company’s charter.
LLC is obliged to have the executive body’s real location (for example, in the office).
Sometimes, tax authorities may request documents confirming the address’s legitimacy.
2. Private Unitary Enterprise (PUE)
It can be registered on both residential and non-residential premises if it does not contradict the specifics of the activity.
Registration of a PUE at the founder’s home address is possible when the premises belong to the founder by right of ownership. The consent of other owners of the residential premises and adult members of the founder’s family is also required when registering at the founder’s home address.
The owner of the premises—the founder of the PUE—must permanently reside in the residential premises, which are planned to be the legal address of the PUE.
3. individual entrepreneur (IE)
For sole proprietors, the registration address at the residence is usually used as the legal address.
Special premises are not required if the sole proprietor’s activity is not related to producing or storing goods.
Thus, the choice of a legal address depends not only on the preferences of the entrepreneur but also on the requirements of the legislation, the peculiarities of the business, and the possibilities of the premises itself.
What to pay attention to when choosing premises for the location of the company – the legal address
The choice of a legal address is an important stage in registering a company. The correct choice depends not only on the success of registration but also on the subsequent activities of the organization. Mistakes in this matter can lead to problems with tax authorities, an inability to receive correspondence and even administrative sanctions.
1. Compliance with state requirements
Before choosing the premises, it is necessary to make sure that it can be used as a legal address:
The premises must be located in the territory of the Republic of Belarus and have a postal address with an index.
Ability to receive correspondence—A legal address is usually used to send official notices, so it is important that the premises are accessible to the postal service.
Non-residential premises must be put into operation.
A residential premises can only be a business location in certain cases.
2. Reliability of the registered office
The company should be able to be located at the legal address, as tax authorities and counterparties can verify its presence.
It is recommended to avoid mass addresses—if a large number of companies are registered at one legal address, it may arouse suspicions of tax inspection.
3. Terms of lease or ownership
Lease:
A lease agreement is concluded with the owner of the premises or an authorized person.
The lease term should be at least one year to avoid frequent address changes.
Owned premises:
If the company or its founder owns the premises, it simplifies the registration process.
Make sure that there are no restrictions on the use of the premises for commercial purposes.
4. Convenience for doing business
Transportation accessibility – it is essential that the address is easily accessible to both employees and customers.
Infrastructure – having banks, notaries, post offices, and business centers nearby can make work easier.
Availability of work area—If employees will be working in an office, the space should meet safety and comfort requirements.
6. Ability to make changes in case of relocation
If the company plans to expand or change locations in the future, it is essential to consider:
The lease agreement terms (possibility of early termination or extension).
The procedure for changing the legal address and possible time costs.
When choosing a legal address, it is worth carefully checking the premises, lease terms, and compliance with legal requirements. This will help avoid legal problems and ensure the stable operation of the company.
Procedure for registration and change of legal address
The legal address is a mandatory requisite for any company, so its indication during registration and correction in case of change requires compliance with a certain procedure. It is important to consider that the state authorities strictly control the compliance of the legal address with the company’s actual location, and violations may entail sanctions.
Procedure for specifying the legal address when registering a company
When registering a legal entity in the Republic of Belarus, its location (legal address) is specified in the constituent documents and entered in the Unified State Register. For this purpose, it is necessary to:
1. determine the legal address
A letter of guarantee from the premises owner is required when the premises are to be rented.
When the address is provided by a special company, a contract for delivering legal address services is required.
When a legal entity is registered on residential premises, the consent of the owners and adult members of their families is required.
2. Specify the address in the constituent documents
For LLCs, PUEs, and other legal entities, the legal address is specified in the charter. For example, in the standard charter of the LLC, you should specify the location of the permanent executive body of the company and its postal address.
For sole proprietorships, it is in the application for registration.
3. Submit documents to the registration authority
The application for state registration must specify the postal code, city, street, house number and building number (if any), type, and number of premises.
After successful company registration, the IP legal address is entered into the Unified State Register.
Required documents and actions when changing the legal address
If the company changes the legal address, it is necessary to change the state register and constituent documents. The procedure includes the following stages:
1. Conclusion of a new lease agreement or obtaining supporting documents
When changing the address, it is necessary to have an official basis – a lease agreement or documents confirming the ownership of the new premises.
2. Adoption of a decision on change of address
For LLCs and PUEs, a decision is made at the general meeting of participants or the sole founder.
For sole proprietorships – submission of an application for changes.
3. Notification of the registration authority
When changing the company’s location, the Articles of Association need not be changed. However, to correct the information in the Unified State Register, the registration authority must be notified within 10 working days.
Who else needs to be notified of a change of legal address?
Usually, all bodies and organizations with which the company has contracts, including banks, the tax inspectorate, and other state bodies and organizations where the company is registered, are notified of a change in the company’s legal address.
It is also necessary to audit agreements and labor contracts concluded by the company and, if necessary, change them regarding the details of the company’s location.
Conclusion
The legal address is the most important requisite of any company. It is necessary for its registration, conducting business, and interaction with state authorities and counterparties. The choice and registration of a legal address must comply with legal requirements to avoid possible problems with tax and regulatory authorities and business partners.
If it is necessary to change or lease the legal address, it is important to consider all legal nuances and potential risks. If you need assistance in selecting and registering a legal address, Spex.by specialists are ready to provide professional support and advice.
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