Agreement for the provision of a legal address
Contract for the provision of a legal address. What’s this?
Everyone who started their own business faced the fact that the registrar of the center for the provision of administrative services or a private notary, when drawing up documents, entering data into the unified state register of enterprises and individual entrepreneurs, asks to fill in a column indicating the location of the future company.
If we are talking about registering a sole trader, then here you can indicate your home address, and you can also indicate the location of the office, warehouse or production facilities. Although, since 2020, a private entrepreneur can also freely buy a legal address in Kyiv, another city in Ukraine.
As for the registration of an LLC, for the preparation of documents, as a rule, they hire a lawyer who is allocated a certain budget, which includes the purchase price of a good legal address. After carrying out the action at the notary, after receiving an extract from the USR, the director of the company signs a virtual office lease agreement from the date of his appointment to the position. From this moment on, the company becomes a full-fledged tenant of the office.
Why do I need a contract for the provision of a legal address?
Recently, we often hear from the so-called young legal advisers that such an agreement is not needed. You can register a company anywhere, go to the post office, write an application for forwarding letters and everything will work like clockwork. LF CENAT does not recommend doing this for many reasons.
Why does a company need a lease agreement for a legal address:
- To be able to confirm your location in the tax office, other regulatory authorities (it is recommended to take an extract from the register of property rights to real estate from the owner of the premises);
- For postal service (incoming correspondence of your company should be picked up by the secretary every day or at least twice a week, this is important for those who have court hearings, for example, in the economic court);
- For the presence of a permanent representative in a remote office (by proxy), who can confirm that the management of a particular company is really located in the house indicated in the Unified State Register (the secretary should be able to officially receive a request, a summons from the inspector).
Also ask about additional services. This may be scanning all mail to email, placing a company sign on the facade of the building and the possibility of actually renting the premises in case of an on-site documentary check.
Where can I get a contract for the provision of a legal address?
There are quite a lot of such services on the Kyiv market, a little less in the Kyiv region and other regions of Ukraine. As a rule, prices for legal addresses in regional and district centers are much higher than in the capital, this is due to the lack of competition. Here you need to learn to distinguish between a location agreement, a cooperation agreement and a real lease agreement from the owner of the premises. The latter is recommended!
With whom you can sign such a contract:
- With the real owner of residential or non-residential real estate;
- With a law firm that will provide its location for your company with postal service and a legal representative (the best option);
- With any person who will simply pick up your letters at the post office and send them to you.
When registering an enterprise for the first time, it is recommended to order a legal address in advance by paying it in cash. When prolonging the contract, it is advisable to pay the rent by bank transfer. Important! The state registrar or notary is not required to verify the authenticity of the location, which the founder indicated in the second form card. But the founder is responsible for entering deliberately false information about his business into the USR.