How to open a branch in the region. Open a branch of "mnogomam" in your city We are ready to open a representative office in your city

When a company develops, it becomes necessary to work not only in its own city, but also to have a separate division that is capable of performing its functions in part or in full. Opening a branch in another locality is not difficult if you know the nuances of legislation and carefully read our memo.

Our lawyers have compiled step-by-step instructions for you on how to open an LLC branch in another city.

This procedure includes several stages:

DECISION TO OPEN A BRANCH OF LLC IN ANOTHER CITY

A general meeting of founders is convened, or the sole founder decides on the creation of a branch individually. It is also necessary to prepare the Regulation on the branch of the company.

A new version of the Charter is being drawn up, in which information about the creation of a branch has been preliminarily entered. It is enough to indicate its name and legal address. When the necessary changes have been made to the Charter, and the Regulation is ready, you can collect the rest of the documents in order to submit them to the tax office.

PREPARATION OF A PACKAGE OF DOCUMENTS FOR OPENING A BRANCH OF LLC IN ANOTHER CITY

You need to prepare the following package of documents:

• Certificates of ORGN and TIN
• Minutes of the General Meeting or the Decision of the Sole Founder on the Creation of the Company
• Regulations on the branch of the company. It specifies the conditions on the basis of which the activity will be carried out.
• Charter in duplicate
• Application form 13002, which must be notarized.
• Power of attorney for the head of the branch
• Extract from the Unified State Register of Legal Entities (issued no earlier than 30 days before the certification of the application)

08.08.2016

Who has not dreamed of opening a company, then entering the regions, and then conquering the whole world ?! But in reality, the scaling process turns out to be not as simple and rosy as it seems at first glance - otherwise, so many branches would not close, barely having time to open. Failures happen due to various reasons: an incorrectly chosen model, a poorly planned opening, a lack of competent communication with the head office, problems from the legal side, and much more. So, how to avoid unnecessary mistakes and competently open a branch in the region, we describe below:

1. Scaling
As American entrepreneur and investor Andrew Chen (who has had a hand in projects such as Dropbox, AngelList, and others) says: “The only thing that matters is the company's rapid growth. If you don’t grow, you will cease to exist. ” When the main business processes are fine-tuned, the company owns a market share, there are resources for expansion, then the management usually begins to think about expanding the company. In addition, sometimes the goal of entering the regions is due to the fact that the regional market is favorable from the point of view of competitors, so that the position of the company will be more confident. Among the most popular are four:

• Opening your own branch.
  The advantages of this method are that you will have complete control over income and expenses, as well as monitor the quality of the product or service. Total control over everything is guaranteed. But it also has its drawbacks - all the opening costs will have to be borne by yourself.
• Building a remote sales system.
  It is less expensive than the previous one, but not for everyone. The implementation scheme is something like this: you create a website, do geographic targeting, and then arrange delivery. Small goods can be sold in this way, but cars cannot be sold.
• Franchising.
  We talked about this type of scaling and its trends in our article. The main role here is played by brand recognition and its reputation. The advantages are that you can quickly and inexpensively build a network with regional coverage. And disadvantages: problems of control over franchising enterprises.
• Building a dealer, partner network. Also an inexpensive way. If you are not ready to build your own sales network, invest in logistics, then indirect sales, that is, sales through a dealer, partner network, will be optimal. Partnership agreements include the following clauses: conditions for the volume / turnover of sales for enterprises wishing to become dealers; basic rules of interaction; price conditions; sales area of ​​responsibility (territorial scope, product range); options for resolving conflict situations; dealer support (training programs, marketing activities); rewards, bonuses, affiliate programs (as conditions for receiving rewards, privileges).

Since entering the regions through the opening of branches is one of the most popular ways in our country, let's talk about it.

2. Feasibility of opening a branch in a specific region.
Efim Katz, CEO of Maria, the largest kitchen furniture factory in Russia, says that making a decision on the feasibility of opening a branch usually starts with analytics and detailed calculations. You should know well: how many people live in a given region, the level of income of residents, the number of competitors in your segment, as well as the position of the infrastructure for your business. The following studies help in deciding whether to enter a specific region:

1. Competitor analysis.
   In this matter, you can resort to SWOT analysis of business players, thanks to which you will be able to offer more favorable conditions for customers than competitors.
2. PEST analysis- it shows the impact of the external environment.
3. Market capacity analysis.
   To understand the market capacity, you will most likely need data on the consumption of your product or service from ROSSTAT or other analytical materials. The bottom line is that you need to find out: how much goods or services the average Russian consumes per year, and calculate the volume of consumption per residents of this particular region where you are going to open your branch.
4. Customer Development.
   You will receive complete information about the desires and needs of your potential users. Moreover, you will build communication channels in advance and prepare the audience for the release of a new product. Customer development is directly embedded in your sales chain, acting as a pre-sales element. You can learn more about this method in our article "How to create a product that will buy: customer development methodology"

“First of all, when opening a branch, we chose cities with a population of over one million,” says Katz. “Then we found large cities that were as close as possible to the selected million-plus cities. Then an investment plan is drawn up, where they took into account the costs, and also calculated the payback period of the studio and set sales plans. " At the moment, the payback period for one Kitchen Studio "Maria" is 18 months, the average studio profitability is 7%.

Bringo CEO Mark Kapchits, who has opened four branches: in Vladivostok, Novosibirsk, Yekaterinburg and Samara, also admits that in opening branches he focuses mostly on the population of the city. However, the saturation of the city with various types of business also plays a decisive role. "Vladivostok is not a millionaire, but the business life in the city is so active that it is one of the most attractive cities for the development of our business," explains Kapchits.

3. Interaction with the head office
The regional branches employ exactly the same employees as in the head office. The only difference is that they are geographically remote. But often the management thinks that they are difficult and impossible to manage. In managing remote employees, you will be helped, first of all, by the electronic tools, which we talked about earlier in the article.
In managing employees in branches, it is important to remember that you will need to manage not only their activities, but also the status in relation to the company as a whole, as well as the boundaries of their powers. This must be done because, as practice shows, sometimes regional branch managers can make the following mistakes:

1. In negotiations with regional authorities, they can begin to claim that they are making the final decisions.
2. With the best of intentions, they may try to increase the workload of subordinates without coordination with the head office.
3. They try to take full responsibility solely on themselves.

However, the employees of the head office are also not perfect and make mistakes:

1. They are looking for partners in the regions, bypassing the employees of the branch.
2. They manage salaries without informing the director of the branch.
3. Begin to control every step. In some branches, the situation reached the point that employees had to spend about a third of their time not on the main activity, but on informing the head office about it.

Efim Katz (Maria Kitchen) says that the main function of the head office is “informational”: “The head office informs the branches by mailing. We also use CRM - customer relationship management systems and regularly post news on the corporate website and in the company's social networks. In addition, for the managers-designers working in the branches, the company necessarily organizes training and excursions to production, where they not only receive the necessary information on products, sales tools, but also exchange experience.

Mark Kapchits (Bringo) also believes that the branch should always work closely with the head office. "From time to time, the top management of the company travels to the regional offices to get acquainted with the situation, and their specialists come to Moscow for training."

4. Legal issues when opening a branch
From a legal point of view, the process of establishing a branch consists of two stages:

• Amendments to the Charter of the legal entity that creates the branch.
• Tax registration of a branch (representative office).

In the context of jurisprudence, branches and representative offices are called separate divisions located outside the location of the legal entity that forms them. The definition of a branch is given in Article 55 of the Civil Code of the Russian Federation. Separate subdivisions are not legal entities, that is, they cannot perform transactions on their own behalf. The scope of functions of a branch is wider than that of a representative office. It is also important to know that information about the branches being created is entered into the Charter of the organization.
Branches and representative offices are endowed with the property of the legal entity that created them and operate on the basis of the provisions approved by it. In addition, the heads of representative offices and branches are appointed by a legal entity and act on the basis of a power of attorney.

5. Budgeting
For a better understanding of how the “Budgeting” of the branch works, perhaps it would be right to start with a picture of all the business processes associated with budgeting. How and why to depict business processes, we wrote in detail in the article. The budgeting plan usually includes items such as basic debugging of logistics, office, management, sales department and much more.

“For a detached studio with an area of ​​100-120 sq. m. you need about 5-6 million rubles. depending on the condition of the premises, for a studio in a shopping center of the same footage - 20-25% less, ”says Efim Katz (kitchen“ Maria ”). “If we talk about the Trade House, then we have a development department that deals with opening branches, but employees from different departments, from IT specialists to installers, are involved. One person, the project manager, controls the whole process from the search for premises, renovation to the full opening of the studio and its transfer to the regional manager. " By the way, in terms of time, the whole process of opening a studio takes from 30 to 60 days, depending on the complexity of the project.

To draw up a competent budgeting plan, you need to calculate expenses for a month, a year, and also take into account the financial plan for several years in advance:

(In the book by S. M. Perminov "Distribution. Strategy and tactics of company management" the author gives the following table, which reflects the main part of expenditure items of the branch's budget).

6. The team opening a branch
Depending on the financial capabilities and complexity of business processes, you can choose several ways to open a regional branch. Tatiana Sorokina in the book "Branch network: development and management" identifies three main ones:

1. Opening command.
   It makes sense to invite the opening team to your branch if you need to accurately reproduce (literally copy) the structure, atmosphere and rules of the head office. This method is mainly used by companies with complex business processes: retail chains, restaurants, etc. Usually the opening team starts working a few weeks before the start of the branch. And after the opening, he literally immediately leaves to deal with the next "object".
   Tatyana Sorokina explains that the functions of the opening team are as follows: creating a corporate culture, establishing all business processes and regulating all problems when opening a branch, which regional employees will not face in the future. The team consists of specialists who duplicate key employees of the branch, they are called upon to train their regional colleagues in everything necessary. Sometimes they are even called anti-crisis managers, since their task is to settle all the problems when opening a branch in the region.
2. Open Manager.
   This approach is used mainly by wholesalers and manufacturing companies opening a branch. Usually the list of business processes that he needs to establish is not so long, so this work is within the power of one person. Often, the functions of the open manager are performed by an employee of the head office or the head of the branch network, who, after opening a branch, returns to the central office and starts his usual duties. In the region, the open manager works closely with the director of the branch - he gives him all the information about the parent company, helps to establish business processes, and so on.
3. Project team for opening branches.
   For each newly opened branch, a special group of employees is formed from the divisions of the Head Office who are directly involved in the opening. The group is led by the director of the branch network. For example, the group for opening branches of a wholesale and retail company includes managers of such divisions: legal, procurement, marketing, information technology, finance and personnel.

7. Standardization
The final stage of opening a branch - "Standardization" - is that the head office must make the branch become an independent unit, and also track: what changes occurred in the central office when the branch was opened. Efim Katz (Maria's kitchen) sums up the results of the branch opening: “There were no global changes in the structure, but with the expansion into the regions, the company grew, and the structure itself became more ramified. Such divisions as the development department, the department for work with the dealer network, with the regions and others have been added, a corporate university has appeared for training employees. "

So, the algorithm for entering the regions through opening a branch is as follows:
1. Clearly describe the goals of entering the region
2. Look at the planned region, the market through a magnifying glass of research and market analysis
3. Conduct a resource audit
4. Test the territory (using customer development methodologies and guerrilla, low-cost marketing tools).
5. Delineate powers
6. Give more freedom to the discovery team
7. Establish a communication channel with the head office
8. And don't forget about the legal and tax issues.

Do you have any questions? Write in the comments.
You can also

© "Center for Business Initiatives", with full or partial copying of the material, reference to the source is required.

Many entrepreneurs who have large start-up capital on hand are interested in how to open McDonald's in their city. It is not so easy to do this, since this company does not sell franchises in the countries of the former USSR. But, nevertheless, it is possible to do this if you choose one of two options. If you are wondering how to open McDonald's in your city, consider each of them.

Operating McDonald's

The first option is buying a ready-made business. But, the fact is that no one will sell the existing McDonald's. To obtain a license, you need to travel to America or Canada. The permission to open McDonald's costs 45 thousand dollars.

If you managed to agree on the purchase of a restaurant, you will have to immediately pay 25% of the total cost for it. Moreover, this money cannot be credit. They must be backed by a lucrative real estate or existing business. Therefore, before opening McDonald's, you need to collect a large start-up capital.

By franchise

For Russian businessmen, the McDonald's franchise is a real prospect for running this lucrative business. Only large entrepreneurs with large assets in their hands can open a branch of a company in their city, since such a business requires serious investments. In addition, you will have to pay the franchisor monthly. Therefore, if you are a beginner entrepreneur, and it is too early for you to think about opening McDonald's, organize something simple, for example, in a crowded place in your city.

To figure out how much the McDonald's franchise costs, you need to list the approximate costs:

• Business investments - $ 1-1.5 million;
• Royalty - 12.5%;
• The cost of the franchise is $ 45,000.

In the near future, conditions for obtaining a McDonald's franchise should be softened as many competing restaurants have emerged. Now you know how much it costs to open McDonald's, so you can objectively assess your financial capabilities.

Main requirements for a franchisee

Before buying a McDonald's franchise, franchisee candidates take hands-on training at the company's restaurants. Thanks to this, they can get acquainted with the nuances of marketing, as well as study in detail the technological process. The training course will cost 10 thousand dollars. It takes a long time to study, so usually only true fans of the company, as well as fans of the restaurant business, remain in this business.

The acquisition of the franchise involves the opening of a new restaurant. The franchisee must do a huge amount of work, so he must have certain knowledge in this area, as well as have communication skills.

Features of work at McDonald's

Working under the brand of this company requires participation in the social life of the community. The restaurant owner should be interested in:

1. Company policy;
2. Take part in various actions, for example, to protect the environment;
3. Support young footballers;
4. Organize contests and cultural events.

Thanks to this, the popularity of McDonald's is increasing. In this way, it inspires respect from people and attracts the attention of customers.

The franchisee, as the owner of their own restaurant, is confirmed after several interviews. The company needs to be sure that this type of business is right for it. McDonald's accepts only selected candidates who have management skills and are an established personality. Knowing how much it costs to open a McDonald's franchise, and this is not a cheap pleasure, many businessmen still decide to take this step and get a good income.

Equipment

• Preparation for the opening;
• Inventory;
• Kitchen equipment;
• Hall furniture;
• Room decor.

First, you should decide what you need to open McDonald's, and then proceed with the selection of equipment.

Staff

Usually women are chosen to work at McDonald's. As a rule, they are not distinguished by their beauty, since this is one of the company's strategies. Management believes that men who flirt with attractive female workers delay queues, which can negatively affect profits. Therefore, by an unspoken rule, beautiful girls are not hired for work. In addition, female employees are prohibited from painting their nails, wearing short skirts, and using perfumes.

In the 70s, only men were hired by the company. After a while, this position was revised and girls appeared in restaurants. To prevent men from being distracted from their duties, the girls developed a special uniform that hides the figure.

Restaurant maintenance costs

Owners spend more money on maintaining McDonald's than their local competitors. Since it is not possible to use locally sourced products, transport costs should be added to the cost of branded semi-finished products. In addition, even the position of a cleaning lady cannot be hired by non-certified personnel.

Profitability

The profit that you receive from the restaurant will have to be distributed:

• Service remuneration to the company is 4% of sales, not profits. This is a fairly large amount;
• Brand rent. Since the amount of the rent is formulated by the company's management rather vaguely, it is not entirely clear whether this is an additional percentage of total sales, or some kind of fixed amount.

Typically, a budding restaurant is assigned a flat fee for the brand. When an establishment becomes successful and profitable, a percentage of sales is assigned, and completely arbitrary. Therefore, you need to think about whether it is profitable to open McDonald's in your city.

Summing up

The McDonald's franchise is attracting many as the brand is so popular. More than 300 restaurants operate in Russia alone. The fact is that competing restaurants open much faster, so one can hope that after a while there will be no big problems with buying a franchise. The company's management will offer more favorable conditions and affordable prices.

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In one month, the restaurant sells:

• 2 million drinks;
• 2.5 million servings of French fries;
• 1.1 million milkshakes;
• 1.15 million sandwiches;
• 950 thousand pies.

All dishes are prepared only from high quality products that meet the established standards. Independent experts carry out strict control at all stages of production. In the manufacture of products, all rules and sanitary and hygienic standards are strictly observed.

McDonald's does not want to yield to competitors, so the restaurant chain in our country will constantly expand. Investors should take a close look at this business in order to seize the moment and purchase a franchise. It doesn't matter which McDonald's you open, it doesn't need advertising anyway, as visitors are drawn to it like a magnet.

A company representative is a specialist who promotes the products of a specific manufacturer in a specific region. Any sane person who wants to achieve financial independence dreams of taking such a vacancy, since it is quite a profitable and very interesting job. We will tell you how to become a company representative in your city in this publication.

Where to begin?

In order to become a representative of a large company, you will need:

• Work experience in a specific field;
• Competent business plan;
• Personal interest in the product;
• Having a team of professionals;
• Necessary technical equipment;
• Willingness to invest.

In addition, you need to collect a package of documents:

• Charter;
• Constituent documents;
• Registration certificate;
• A document confirming that you are the head of the organization;
• Office lease agreement;
• Bank account.

Dealer without investment

Many citizens who want to try their hand in this area often ask the question of how to become an official representative of a company without investment? There are several ways:

Trade on order

You have probably seen in the price lists of online stores opposite some items of the product the mark “under the order”. This means that the buyer must pay money for the goods to the seller's account, after which, after a certain time, he will receive his purchase.

If you look at it through the eyes of a businessman, the situation looks like this:

• The entrepreneur signs an agreement with the supplier for the purchase of goods at dealer prices;
• Exposes the product for sale at its outlet, or rather, enters it into the price list and various promotional materials;
• The buyer pays for the purchase, after which you buy the product from the supplier for the money received and transfer it to the buyer.

If you want to become a representative of a company in the region without significant financial investments, choose a market segment to which goods belong, the cost of which ranges from 5-20 thousand rubles. Consumers prefer to buy inexpensive daily goods in nearby stores, even if they are slightly overpriced. If you choose too expensive products, you will have to rent an elite office or store. For example, large areas are leased for car dealerships.

Goods for sale

If you have firmly decided that I want to become a representative of companies, but do not have the means to realize your plans, you can try to conclude an agreement with the manufacturer in order to receive goods from him for sale. Many large companies are willing to meet budding entrepreneurs halfway and willingly agree to such cooperation.

The most important thing is to sell the products on time. If you do not have time to sell the entire product within a certain period of time, you will have to pay money for it, and 1–2% more expensive than its original cost. In some cases, suppliers take back unsold goods. The terms of return must be prescribed in the contract.

Free testing

The manufacturer sends samples of their products to the sales representative so that he can test them in practice. If you find a company that will agree to provide you with their products for testing for free, consider yourself very lucky, because many suppliers refuse to work on such terms, so the chance to test products for free is a great luck for a beginner.

Official representative

This is the most profitable option because you get a guarantee that the products you sell will be of interest to the end consumer. The supplier provides you with full information support, as well as assists in the organization and development of a trading enterprise. Advertising specialists are engaged in the promotion of goods at a professional level, so you do not have to spend time and energy on it.

Work in a foreign company

Many domestic enterprises are not adapted to agency work. In addition, some of them may not fulfill their obligations. In this regard, newcomers are often interested in how to become an official representative of a foreign company? Abroad, this form of sales has long become a common phenomenon and has become widespread. If you are inexperienced, look for a training company.

Let's take a closer look at what steps you need to take to become a representative of a foreign company:

• Pick a line of business with which you are familiar. For example, a mechanic might sell industrial equipment because he has some knowledge of the sector;
• Find a suitable company and offer them your services. The necessary information can be obtained on the Internet or from industry directories;
• Decide on the assortment of goods. For example, together with lifts for car repairs, you can offer customers balancing stands, compressors and other equipment for car services;
• Enter into a verbal or written agreement with the company;
• Study the product carefully to determine its commercial and technical benefits.

Advantages and disadvantages

Before you become a company representative in your city, you need to familiarize yourself with all the advantages and disadvantages of this profession.

Pros:

• There is no upper income limit. The more efficiently you work, the more you get;
• There are no competitors within the company;
• Strong partner support;
• Free education;
• Fast start.

Minuses:

• Lack of a permanent salary;
• Big risks of losing start-up capital.

Where to find a company?

Interested in how to become a sales representative for a company? Many manufacturers post information about vacancies on their own sites on the Internet. You can also send your resume to different companies. Perhaps someone will respond and offer you cooperation.

Try to collect as much information as possible about the activities of different companies. This will help you choose the right supplier, on which the success of your business depends 90%. You should not give preference to any supplier, focusing on low prices. If you are in the mood for serious work, you need to pay special attention to the company's reputation. It is also very important that the products you sell are in demand in your area.

How to choose a company?

Before making a final decision with which company or manufacturer it is more profitable for you to cooperate, you must first find out.

Construction Materials

Nowadays, trade in building materials brings good profit, so many successful entrepreneurs cooperate with enterprises that produce such products.

Before that, decide on the amount of work. You can open a small retail outlet or a large supermarket. It all depends on your financial capabilities. According to experts, at the stage of formation, an average company will bring much more profit than a large retail chain. You should not strive to conclude a cooperation agreement with a large manufacturer. At first, it's best to work with a small company. In this case, you will earn good money and get the necessary experience.

Furniture

This is the simplest and most easily implemented idea. Almost all furniture that can be purchased on the market is sold through dealers. An exception may be foreign-made products or large retail chains.

If you decide to go into business and do not know, first of all you need to find a furniture factory and agree with it on cooperation. The manufacturer bears full responsibility for the complete set of furniture and its quality. If the buyer discovers some kind of defect, the furniture factory is obliged to replace the product.

Baby food

Before that, many aspiring entrepreneurs take jobs as sales representatives. This allows them to gain the necessary experience and understand the assortment offered by modern baby food manufacturers.

This approach is fully justified, since products intended for children must be of high quality. If you open your own store and buy low-quality goods, the company will quickly go bankrupt. Working as a sales representative allows you to learn from the inside all the features of trading such products, and the experience gained will become a guarantee of the success of your business.

Video: About the profession sales representative

Confectionery

It is most profitable to sell food during a crisis. Despite the fact that almost all citizens begin to save money, they continue to buy food, especially sweets. Before making a smart business plan and finding reliable suppliers who sell quality products at affordable prices. The most profitable option is direct delivery of goods from the manufacturer. In this case, you will receive the freshest products at low prices.

To reduce the payback period of the enterprise, you can install several in educational institutions or in shopping centers. In such passages, chocolates, cookies in small bags, lollipops and so on are great. Since this piece of goods sells quickly and in decent volumes, vending machines will generate a good income.

Creation of a branch of LLC - step by step instructions in such a situation is simply necessary, otherwise there is a great risk of missing some (or even several) of the mandatory actions. You will find detailed instructions on how to do everything in the prescribed manner in our article.

About branch LLC

A branch of a limited liability company (LLC) is a structural part of a company that performs the functions of a company separately, but is not a separate subject of civil law. The functionality of the branch is limited by the general activities of the organization, while the subdivision may be entrusted with performing part or all of the functions of the LLC and representing the interests of the legal entity.

Branches are not independent - they act on behalf of the parent organization. The latter, in turn, is responsible for its unit. The lack of independence of branches is also confirmed by judicial practice. For example, in the appellate ruling of 04.06.2012 No. 33-2442 / 2012 the Tyumen Regional Court determined that the branch of the company is an inappropriate defendant, even taking into account the fact that Art. Article 29 of the Code of Civil Procedure allows the filing of claims in courts at the location of the firm's division. The parent LLC is considered to be the proper defendant. If in the trial the plaintiff does not present claims against the company, then the court will refuse to satisfy them due to the involvement of an inappropriate party.

Despite the lack of independence, the branch is also characterized by individualizing signs:

1. The location, since the registration address of the unit, in accordance with the indication of Art. 5 of the Law "On LLC" dated 08.02.1998 No. 14-FZ, should not coincide with the address of the organization.
2. A denomination including the name of the creator LLC. The conclusion about the existence of an independent designation of a subdivision can be made from the interpretation of Art. 843 of the Civil Code, providing for the obligation to indicate in the savings book the name of the bank's branch, if any.

How to open a branch of a society

For a legally correct separation of a part of a company, it is necessary:

Don't know your rights?

1. Make a decision to create a division. According to Art. 5 of Law No. 14-FZ, the general meeting of the organization has the right to make a decision on the creation of a separate subdivision, and it is necessary to put the issue on the agenda 30 days before the meeting and, directly during the meeting, gain on the issue a majority of 2/3 votes of all equity holders of the LLC (the charter of the company may a larger threshold is also envisaged). The adopted decision is reflected in the minutes of the general meeting.

   As indicated in the certification manual, approved. by letter of the Federal Notary Chamber dated 01.09.2014 No. 2405 / 03-16-3, the composition of the general meeting and the decision taken by it can be confirmed by the notary present by issuing a certificate. There is currently no official form for such a certificate.

2. Approve a regulation or other local act regulating the activities of a separate part of a legal entity. It is recommended to reflect in the act in the most detail the scope of activity, management procedure, mutual rights and obligations of the branch and the founding organization. The position fixes the address of the subdivision, which is different from the location of the LLC.
3. Appoint the leadership of the detached unit. The appointment of the managerial level is formalized by an internal order, but the transfer of powers also requires the issuance of a power of attorney. As stated in clause 129 of the resolution of the Plenum of the Supreme Court of Russia dated 06.23.2015 No. 25, the powers of the head of the branch cannot be based solely on the instructions reflected in the charter of the LLC, the regulation on the division, or to be clear from the situation, etc. - a power of attorney is required.

For your information: if, by power of attorney, the head of a separate division is allowed to make a sub-trust, then a separate notarization of this fact is not required (Article 187 of the Civil Code).

Notification of state authorities about the establishment of a branch

For the legal recognition of a branch, after the above actions have been performed, a number of state bodies must be notified of the change in the structure of the company. In particular, you need to report the changes to the tax authority at the location of the LLC:

1. Submit the completed form No. Р14001, approved. by order of the Federal Tax Service dated 25.01.2012 No. ММВ-7-6 / [email protected], to enter information about the established branch in the Unified State Register of Legal Entities (Art. 5 No. 14-ФЗ).
2. Send form No. С-09-3-1, approved. by order of the Federal Tax Service dated 09.06.2011 No. ММВ-7-6 / [email protected], on the creation of a branch of the company in the Russian territory. In accordance with the procedure for registration, approved. by letter of the Federal Tax Service of Russia dated 03.09.2010 No. MN-37-6 / [email protected], the tax authority sends the territorial subdivision at the location of the branch information about the separate part of the company. That, in turn, if all the requirements are met, within a 5-day period puts the branch on tax records and sends a notice to the LLC in response to the form No. 1-3-Accounting, approved. by order of the Federal Tax Service dated 11.08.2011 No. YAK-7-6 / [email protected]

The tax service recognizes a separate subdivision as such only if 2 conditions are met (see the letter of the Ministry of Finance dated 18.08.2015 No. 03-02-07 / 1/47702):

1. If a part of the society is territorially isolated.
2. If the branch has stationary, that is, jobs created for more than a month.

An interesting question is the need to notify the Social Insurance Fund (FSS) and the Pension Fund (PF). In accordance with the expired law "On Insurance Contributions ..." dated 24.07.2009 No. 212-FZ, the organization was obliged to notify the mentioned funds about the opening of a branch, but since 2015 this obligation has been canceled. Since the beginning of 2017, the obligation to administer transfers to funds has been assigned to the Federal Tax Service and its territorial branches (Chapter 34 of the Tax Code), while the issue of registering branches with the FSS and PF has not yet been settled.

Differences in the procedure for opening a branch in your own / another city within Russia and opening abroad

There is no fundamental difference between the procedure for opening a branch of a company in the same city where the parent organization is located, or in another city within Russia. If it is required step-by-step instructions for opening a branch in another city located abroad of the Russian Federation, then there are some differences, the most important of which will be that according to Art. 5 of Law No. 14-FZ, when separating the foreign part of the company, both Russian and foreign legislation are applied.

In addition, after the approval of the management and the formation of the staff of the branch, it is necessary to resolve the issue with the procedure for the payment of earnings. Its issuance can be carried out by opening a company account in a foreign bank. Moreover, on the basis of Art. 12 of the Law "On Currency Regulation ..." dated 10.12.2003 No. 173-FZ LLC is obliged to notify the tax authorities of the change in account details.

Let's summarize. Before how to open a branch in another city, it is necessary to define a step-by-step procedure for creating a separate part of the LLC. It includes the adoption of a decision by the general meeting and its confirmation, the approval of the local act regulating the activities, the appointment of the head and the transfer of powers to him by means of a power of attorney. To recognize a branch as legally operating, a company must apply to the tax authorities with a number of statements.

This procedure is applied when creating a subdivision on the territory of the Russian Federation and is valid regardless of whether the parent organization and the subdivision being created are located in the same or different cities. The procedure can only change when a part of the LLC is separated, which is located outside the territory of the Russian Federation.