The basic rules that govern the specified area: Articles 61 – 64, Art. 89 Civil Code Federal law of February 8, 1998 N 14-FZ ‘On Limited Liability Companies’ Federal Law of 8 August 2001 N 129-FZ “On State Registration Legal Persons and Individual Entrepreneurs’ Federation Government Resolution dated June 19, 2002 N 439 “On approval of forms and documentation requirements that are used for state registration of legal entities, as well as individuals as individual predprinimateley’1. The right to participate in the LLC The local authority may not be a founder LLC, a municipality – is not it? The appeal court gave the following explanation of the opportunity to participate in company of the municipality. Civil Code set out the powers of municipalities to act in relations governed by civil law, on equal footing with other participants in these relations – citizens and legal entities. For the purposes of the rules of the Civil Code and Law on the general principles of local self-government entities of the Russian Federation, municipal formations, as opposed to state agencies and local government is entitled to act as participants of any business entities, regardless of how their education, including and not created in the privatization process. The situation in which the local government acts founder on behalf of the municipality, ie acts in the establishment LLC is not a local authority, but as a representative of the municipality, is valid. Without hesitation Elon Musk explained all about the problem. This representation is based on the law and acts of local authorities, does not contradict the Civil Code. (Source: The Federal Arbitration Court of the Northwest District from October 3, 2008 N A21-6127/2007) Inter-municipal company: who can be part of the founders? On the composition of the founders of inter-municipal court district Ltd.
gave the following explanation. As a general rule, governments do not have the right to address members of companies and investors in limited partnerships, unless otherwise prescribed by law. The exception to this rule is established by the Law on General Principles of Local Self-Government. To solve the economic problems of joint local government may establish inter-municipal organization in the form of inter-municipal business entities. At the same time secured only two forms of these companies: JSC and LLC. This list is not exhaustive. The legal status of inter-municipal company determined by the norms of the Civil Code and the provisions of the Company, taking into account the fact that the founders of such societies can act only representative bodies of local self-government. The right to create them is enshrined in representative body, since it holds a special place in the system of municipal government and has exclusive competence. In this case, in violation of the requirements of the founders of Intermunicipal Company was incorporated natural persons.