Re-registration of the contract of social employment. The procedure for re-registration of LLC to another person How to re-register the light
There are several legal ways to re-register an apartment both for a relative and for another person who is not in close relationship with the owner.
Each of the proposed options has certain nuances and a different procedure for registering the transfer of rights to housing. The cost of re-registration directly depends on the chosen method and the degree of relationship of the parties.
The re-registration of a dwelling is understood as the transfer of all rights to the disposal and ownership of this dwelling from one person to another. There are several options for transactions, with the help of which it is possible to transfer rights from the owner of the apartment to another citizen. Usually this procedure is used to alienate property to a close relative (for example, son, brother).
Re-registration of housing is strictly regulated by the legislation of the Russian Federation. Depending on the expected cost of the costs of the procedure, there are several ways to transfer rights to an apartment.
5 ways to re-register housing for close relatives:
The listed methods are also suitable for re-registration of an apartment to a person who is not in close family relations with the owner of the premises, however, in this case, the parties will face more significant monetary costs. The amount of state duties and tax deductions paid in the cases described above directly depends on several factors:
- the presence or absence of benefits;
- estimated market value of the premises;
- relationship with the landlord.
donation
For the gratuitous transfer of living quarters to a relative or a third party, it is drawn up. The document can be drawn up both orally and in writing, however, it is recommended to conclude a deal with evidence on paper, since the donation is often disputed by the donor's relatives. A written form is also required if the contract contains a condition for the transfer of the apartment in the future, on the basis of Article 574 of the Civil Code of the Russian Federation.
It is also worth noting that when making a donation, the parties must use the services of a notary public if it is required to obtain alienation or draw up a power of attorney in the name of a representative of one of the participants.
The document can be prepared independently or by contacting a specialist. The apartment passes into the possession of another person immediately after the signing of the papers or on the day specified in the document, since the law does not prohibit the transfer of rights to housing in the future.
However, a donation is not issued in all cases, since some categories of citizens are prohibited from receiving housing as a gift (for example, employees of medical organizations from their patients or their relatives).
Contract of sale
The conclusion of this transaction is possible both with close relatives of the owner and with third parties. The contract is drawn up in writing without fail. If there are restrictions on housing (for example, a mortgage), this should be indicated in the content of the document. Conventionally, the procedure for registering a transaction for the sale of residential premises can be divided into the following stages:
- collection of documents;
- drafting and signing;
- execution of the deed of transfer;
- registration of the transfer of rights to housing in the USRR.
The document contains information about the parties to the transaction, the characteristics of the premises, the procedure for making payment, the cost of the apartment, etc. The main documents, without which it is impossible to sign an agreement, include the participants' passports, title papers for housing, technical documentation (cadastral plan and passport, floor layout, etc.), extracts from the unified Rosreestr and the house book, consent from other co-owners (if any).
Annuity agreement
Under the agreement, the owner of the dwelling transfers his rights to real estate to another person on the condition that the new owner will make timely cash payments (otherwise rent) in his favor or in favor of another citizen specified in the document.
Allocate perpetual and life annuity (the latter is possible with a dependency): the first implies permanent payments, and the second - maintenance until the death of the recipient of the annuity.
It is possible to conclude a deal only if there are no encumbrances on the apartment, and the owner is the sole owner of the property. must necessarily undergo a certification procedure with a notary, in accordance with Article 584 of the Civil Code of the Russian Federation.
barter agreement
When concluding this transaction, the parties undertake to transfer one property to the ownership of each other in exchange for another, not containing any encumbrance. The conclusion of this includes the same rules as when drawing up a contract of sale, in accordance with Article 567 of the Civil Code of the Russian Federation.
The document is drawn up in a simple written form, indicating information and similar items as in the sale of housing.
Re-registration of an apartment after the death of a relative
After the death of the testator, his relatives can obtain the rights to housing on two grounds - when inheriting in the order of legal precedence and by will. It is worth noting that the vocation to receive an inheritance is limited to one stage, and the apartment can be divided among several successors.
That is why the most convenient option for transferring housing rights to one specific relative or a third party who is not in close relations with the testator is the compilation.
At the same time, it is important to remember that even in this case, some categories of persons may qualify for the allocation from the inheritance of the mandatory share due to them by law, on the basis of Article 1149 of the Civil Code of the Russian Federation.
If there is a will, a citizen will be able to receive an apartment only after the death of its original owner, and also if his name was included in the list of successors. In this case, the heir must not miss the deadline for contacting a notary and is obliged to provide the specialist with all the necessary documentation.
What documents are needed to re-register an apartment?
In most cases, in order to re-register the rights to an apartment to another person, the USRR requires the same package of documentation to be provided:
- parties' passports;
- title papers for real estate;
- the consent of the PLO (if there is a minor owner), or to the transaction;
- technical documentation for the premises (for example, cadastral and technical passports);
- a form with payment of a fee of the appropriate amount;
- a document on the basis of which the rights are re-registered (for example, a deed of gift, a certificate of acceptance of an inheritance, etc.);
- certificate of the absence of restrictions or persons registered at this address;
- documentary evidence of kinship (for example, when donating).
Depending on the type of transaction, this list may differ slightly; it is possible to find out the exact list of securities from a notary or an employee of the USRR, as well as the MFC.
The advantage of issuing a donation to a close relative is that there is no need to pay a tax of 13% of the value of the donated housing. At the same time, the donee undertakes to pay a state duty upon registration in the Unified State Register of the transfer of rights to premises, the amount of which for citizens is 2,000 rubles, in accordance with Article 22, paragraph 333.33, paragraph 1, part of the Tax Code of the Russian Federation.
When concluding a sale and purchase agreement, the buyer is obliged to pay a state duty for reissuing a certificate of ownership of an apartment, which is issued by Rosreestr.
The amount of this fee is also 2,000 rubles. At the same time, the seller must pay personal income tax at 13% from the sale of housing, if the transaction value exceeded 1 million rubles, and three years have not passed since the acquisition of this property.
Certification of the will in a notary's office will cost the testator 100 rubles, in accordance with paragraph 13 of paragraph 1 of part 333.24 of the Tax Code of the Russian Federation. The amount of the state duty payable by the heirs of the deceased citizen depends on the degree of kinship between the testator and the person who accepted the inheritance, on the basis of paragraph 22 of the same article:
- 0.3% of the amount of the share of the estate of the successor who is a close relative of the deceased testator (full brother, sister or heir of the first priority), while the amount of payment cannot exceed 100 thousand rubles;
- 0.6% for other successors (in this case, the amount should not exceed 1 million rubles).
The rent agreement is also accompanied by the payment of a fee in the amount of 2,000 rubles upon receipt of a new certificate of ownership of housing. In addition, notarization of the document will cost the parties an amount equal to 0.5% of the transaction value (not less than 300 rubles, but not more than 20 thousand rubles), in accordance with paragraph 5 of paragraph 1 of part 333.24 of the Tax Code of the Russian Federation.
Offices MOTRER Moscow work schedule. The issuance of coupons of the electronic queue begins at 08:00.
Tuesday - from 8:00 to 20:00
Wednesday - Friday - from 8:00 to 18:00
Saturday - from 8:00 to 17:00
Sunday, Monday - day off.
Break - from 14:00 to 15:00
Department of the North-East Administrative District at Signalny proezd, house 9; SWAD Academician Glushko, house 13; SAO Lobnenskaya street, 20; VAO Bolshaya Kosinskaya street, building 1 "B" - open daily, seven days a week from 8:00 to 20:00, break - from 14:00 to 15:00.
Round-the-clock operation of the MREO traffic police departments:
registration office in SEAD st. Pererva house 21 and in SZAO st. Tvardovsky house 8, building 5. Break from 14:00 to 15:00 and a break from 01:00 to 02:00. After 19.00 issuance of coupons for service stops. Be careful!
MO STSI TNRER No. 2 of the Main Directorate of the Ministry of Internal Affairs of Russia for Moscow, st. Tvardovsky, house 8, building 5 and MO traffic police TNRER No. 4 of the Main Directorate of the Ministry of Internal Affairs of Russia for Moscow, st. Pererva house 21, will carry out the registration of vehicles at night only for citizens who have signed up through the portal gosuslugi.ru
Registration through the MFC "My Documents":
My Documents flagship centers (recording through the portal gosuslugi.ru) at the address: Novoyasenevsky Prospekt, Building 1, Presnenskaya Embankment, Building 2 - provide vehicle registration services daily, seven days a week, from 10:00 to 22:00, a break from 14:00 to 15:00.
Transferring an LLC to another person is not easy. But such a need may arise in any organization. It is rather difficult to carry out all the necessary procedures for re-registration on your own. It will be necessary to first familiarize yourself with the legal features, the list of documents. The procedure itself depends on the method of renewal.
Selecting a renewal method
There are two legal and relevant options for changing the founder or founders of an LLC. In any case, you will have to carry out preparatory measures in the company in advance:
- to assemble an inventory commission to check the availability of existing assets;
- check contracts concluded with contractors and existing obligations.
This will avoid disputes between new and old founders. In addition, there will be no deplorable consequences. When the preparatory work is done, you need to stop at one of the ways to re-register. Today there are only two:
- Conclusion of a sales contract. This option allows you to re-register in a short time and with a minimum of paperwork. But on the other hand, the costs will be quite serious, since you will have to turn to a notary for help - without his certification of documents, the transaction will not be valid. In this case, the notary independently sends the necessary papers to the tax service, so that they can make changes in a timely manner.
- Introduction of a new founder to the composition and withdrawal of the old ones. This option will require much more time and paperwork, but only the state duty will have to be paid.
Contacting a notary also allows you not to resort to changing the constituent documents, while in the second case this will have to be done without fail.
The nuances of re-registration by entering the buyer into a share
The buyer's entry into the founders is not an easy process, so it should be considered separately. Step by step it will look like this:
- The buyer becomes one of the co-founders. He contributes to the authorized capital. There is a distribution of shares between all participants of the Society.
- The old co-founders leave the company, and leave their shares to the LLC. It is proportionally distributed among the remaining participants.
Since no transaction is concluded in this case, it will not be necessary to resort to the services of a notary.
The whole procedure begins with the preparation of an application by the buyer of the LLC. He declares in writing his desire to join the founders. The document indicates how much the contribution he is ready to make and when it will be transferred. The future co-founder also prescribes what share he would like to own.
But this option is not suitable for those who want to make a deal quickly. It will take time for founders to get in and out. The entire registration procedure will take at least 1 month, and this is not counting the time that will have to be spent waiting for the receipt of documents from the Federal Tax Service.
Preparation of documents
When the reissuance method is chosen, it will be necessary to collect a certain package of documents. The list will vary greatly. So, if it is decided to carry out the purchase and sale of an LLC, then you will need:
- agreements for the sale and purchase of the share of each participant (that is, if there are 5 participants, then 5 separate agreements will be required);
- proposals of co-founders;
- written refusal to purchase shares.
During the conclusion of the sale and purchase transaction, the notary will require the presence of not only the buyer, but also all sellers.
All information is submitted to the Federal Tax Service by a notary. In order for the sale and purchase to be legal, he will have to collect a number of other documents, including those related to the LLC (extract from the Unified State Register of Legal Entities, constituent agreements, Charter). Sellers' personal documents will also be required. For example, if they are married, then they will have to obtain consent to the alienation of the share from the spouses.
A completely different package of documents will be required if the buyer first becomes one of the founders. In this case, you will first have to register a direct entry into the LLC. This will require:
- a corresponding statement of the applicant about making a contribution and the desire to receive a share in the LLC;
- receipt of payment of state duty;
- minutes of the general meeting;
- information about the changes made and the Charter in its new edition;
- supporting documents on making a contribution.
The latter can be a bank statement if the deposit is money. If the property was given in favor of the Company, then an act of acceptance and transfer and the conclusion of an appraiser will be required.
The entire package of documents is submitted to the Federal Tax Service no later than 1 month after the deposit is made. Then you have to wait 5 days and get new copies of the papers. Only after that you need to collect the second package of documents, consisting of:
- application form R14001;
- statements of each of the founders about the withdrawal from the organization;
- data on the distribution of alienated shares (they are recorded in the minutes of the general meeting).
Features of filing documents
The sale of shares allows you to shift all the worries about making changes to the notary. In this case, the buyer saves his time. Whereas in the case of the entrance and exit of the participants, they will have to independently walk around the higher authorities. If he does not want to do this, then you can do one of the following methods:
- Submit an electronic change request. This can be done on the official website of the tax service. But this will require an electronic digital signature.
- Send a package of documents by mail. But then the re-registration procedure will be delayed even longer. Additionally, you will have to pay for sending registered letters and certification of a number of documents by a notary.
- Make a power of attorney for another person. Then it will be possible to shift all the worries about the design to him. But this should be done by a reliable, proven person.
When all the documents are ready, you will need to appear at the Federal Tax Service to receive the documents. In any of the cases, within 5 days after the submission of information, the following will be issued:
- the original of the new Charter;
- a document with changes made to the Unified State Register of Legal Entities.
If it is not possible to personally obtain the documents, you can ask to send them by mail.
How much does it cost to re-register an LLC for another person?
Any buyer wants to understand in advance how much money he will have to pay for reissuing. So, the state duty for LLC is 800 rubles. Additional changes may incur other costs. You will also have to pay for the services of a notary. True, in the event of a contract of sale, he may request 20,000 - 30,000 rubles for his services. But the option of entry and exit of the founders will be cheaper.
Read more about re-registration of an LLC to another person with links to all articles of the law.
What else needs to be done?
When all the documents are in hand, the new owner of the LLC must notify the servicing bank of the changes. This information must also be communicated to your counterparties and regular customers. Only after that it is worth starting to conduct your activities, without fear that some actions will be illegal.
The article tells how to redo the utility bill after buying an apartment, explains the intricacies of the legislation.
A special financial account is issued for residential premises of citizens. Registration takes place on housing owned by the right of ownership, as well as under a social tenancy agreement.
4 information that is indicated in the document:
- housing address;
- footage;
- number of rooms;
- information about the improvement: gas pipeline, heating, sewerage, elevator, garbage chute, bathroom.
Be sure to specify the number of registered citizens. After all, the amount of payments for utilities depends on their number.
One invoice for the whole apartment. If several owners own housing, then information about the owners and the size of their shares is specified.
By agreement of the owners, the main owner is determined. The application must be left at the passport office.
When adjustments are made, the reason must be indicated, as well as the signature of the employee and the date.
Buying a home
The statement by financial number shows what accruals were made and payments were made.
To reissue a personal number, you need to notify the passport office, as well as resource providers, of the changes. If housing is bought in shared ownership, then the application is made by each owner.
You need to take a certificate of how many people are registered, and apply to a single settlement center. If there are several owners, then each of them is obliged to give his approval for the re-registration of documentation. Before you buy a home, you need to make sure that the seller actually paid all the receipts. Otherwise, problems will arise for the new owner.
If counters are not set, then accruals are made from how much resources are actually consumed.
Important! Several agencies will need to be notified. Therefore, you can simplify the task if you make copies of documents in advance. It remains only to send them to the authorities.
How to transfer a personal account
From the moment of purchase of housing, the obligation to pay utility bills passes to the new owner. This rule is established by Art. 153 ZhK RF.
If utility bills come to the old owner, then you should contact the unit of the Unified Settlement Center.
4 documents for changing the owner:
- contract of sale;
- exchange agreement;
- extract from the USRN;
- certificate of ownership.
When an apartment is purchased and the new owner paid utility bills for the previous owner, these receipts must be kept.
When can utility bills be reissued to a new owner
You can re-register after receiving an extract from the USRN (previously - a certificate of ownership).
3 reasons for accruing payments to the new owner:
- date of signing by the parties of the act of acceptance of housing;
- date of drawing up the agreement confirming the sale of the apartment;
- the date of registration of the right of ownership, if there is no acceptance certificate and the date of preparation is not specified in the contract.
The solution of the issue with a communal apartment cannot be postponed after the acquisition of housing. Otherwise, service providers will quickly accrue penalties.
Registration procedure
To begin with, you should contact the ERCC and take an extract from the personal account of the debt for the old owner. Service providers do not stop making accruals. Therefore, it is necessary to deal with the issue immediately after receiving an extract from the USRN.
Action algorithm:
- Contact the ERCC and leave an application for the transfer of the account to the new owner. From that moment on, all accruals will go to the new owner of the property.
- Request an extract from the personal account to be aware of the existing debt.
- Visit the management company and sign a service agreement.
- Renew the agreement with the energy institution.
- Re-register documents in the gas service.
- Specify the date of the last verification of meters. If more than three years have passed since the date of the last verification, then you need to call a specialist. Checking outside the plan will require a small cost, but the problem with metering devices will be solved.
- If there is a desire to leave a landline phone, then you should contact the division of OJSC Rostelecom. You can write a request to connect to the network if the telephone line is not connected.
- Connect internet. Before that, inquire about the conditions and choose a provider that suits you more than others.
After all these actions, re-registration to the new owner will be done.
Required documents
To resolve the issue, after buying an apartment, how to remake the bills for utility bills correctly, you need to collect documents.
6 main documents for registration:
- passport;
- documents on the rights to real estate;
- permissions from the owners;
- extracts from the house book;
- donation agreement;
- contract of sale.
Among the additional references is the BTI plan, cadastral documents, a copy of the personal account. You can clarify the list of documents by contacting an authorized organization.
How to split bills in an apartment
It happens that one apartment is owned by several owners. In such a situation, personal accounts can be divided. Thus, two accounts are opened for one property. Separate receipts come for each owner.
You can transfer accounts in person, it is not necessary to seek help from a representative. It is possible to re-register documents for yourself, if only housing is privatized.
3 consequences of the section of the facial number:
- separate accounts appear;
- completed certificates of ownership are issued;
- utility bills are paid separately.
After the division, for each owner, the part of the housing for which he will pay is determined. It is convenient to divide the rent, then you can avoid disagreements about who should pay for what.
Everyone will pay only their own receipts. But the debt that arose before the partition remains.
2 conditions for the section:
- there are isolated rooms;
- the footage of the premises corresponds to the share of a family member who wants to make a division.
There is a risk of rejection when one of the rooms for permanent residence is not suitable, here are some reasons for rejection:
- area less than two meters;
- doorway width - less than 70 cm;
- windows "look" at a closed small courtyard;
- less than 3 m is the distance from the windows to the wall of the opposite building.
The refusal received is appealed in court.
It happens that the seller of real estate and the buyer agree that the buyer will pay all the debts of the previous owner. But in fact, the transfer of debt is allowed only with the approval of creditors.
The former owner may not pay the bills if there is the consent of the resource supplying institutions. When the home is managed by a homeowners association or management company, written approval from the manager must be obtained.
If the old owner is in debt, then service providers will not be enthusiastic about the information about the change of ownership. After all, someone has to pay the bills. But these debts have nothing to do with the new owner. Therefore, it is necessary to apply to the managing institution with an application for renegotiation of contracts.
It is necessary to indicate the date of purchase of the property and clarify that there is no debt from the date of purchase of the property. Certificates confirming the right to own real estate are attached to the application.
If organizations continue to refuse re-registration, then it remains to appeal against the illegal decision. Sometimes it is enough to warn about the intention to appeal. In some cases, you have to send an application to the prosecutor.
The complaint must be accompanied by documents on the right of ownership, as well as the answer that was received from the Criminal Code or the HOA.
Outcome
When buying a home, you need to reissue the financial number. This operation is necessary so that you do not have to pay the debt for the previous owner. Management companies will not change anything on their own. Therefore, it is necessary to collect documents and apply with an application.
If a refusal is received, then it can be appealed through the court or the prosecutor's office.
Changes in life can lead to changes in the owner of the property. It happens that it becomes necessary to re-register the right of ownership to another person. There are many options for reissuing, and in order to save on taxes and other payments established by the state, you should understand all the intricacies and choose the best option.
In what cases is it necessary to re-register residential real estate?
There are quite a few reasons for registering housing for another owner, we will single out the main ones that a person may encounter during his life:
Re-registration of ownership
Re-registration of ownership is the transfer from one person to another of the right to dispose and own real estate. Re-registration of property rights is regulated by the legislation of the Russian Federation.
You can re-register the property yourself or entrust it to a trusted person. How to re-register a share in an apartment? Pretty much the same as any real estate. Only in this case, the consent of other participants in the shared property should be obtained.
Under a sales contract
Conducting a transaction under a sales contract is possible with strangers and with relatives of the property owner. An agreement is drawn up in writing. If the housing has any encumbrances (mortgage, registration of minors, incompetent or temporarily absent persons), then this is indicated in the document.
The purpose of such a transaction is the transfer of real estate to another person for the amount specified in the contract. If necessary, instead of the participant in the transaction, an attorney can act - a person entitled to perform actions for the principal by proxy. To conclude an agreement, it is necessary to prepare the following documents:
In the case of the sale and purchase of shared ownership, in order to conclude an agreement and subsequently re-register the share, it is necessary to obtain notarized waivers from the co-owners. Otherwise, the transaction may be challenged, and the registered right to real estate is cancelled.
The prepared package of documents is transferred to Rosreestr or to the MFC. When transferred to Rosreestr, the documents will be processed within 14 days. When working with the MFC, they can be received in a week. In special cases, documents are registered within 3 or 5 days, subject to the submission of an application to Rosreestr in the name of the head, indicating good reasons. How much does paperwork cost? The total cost depends on the tariffs of notary services. The state duty is 2000 rubles.
Under an exchange agreement
Re-registration of an apartment for exchange is made out by one contract of sale. This reduces the number of actions during the execution of documents, in contrast to the standard re-registration during the sale and purchase, where contracts are drawn up in two copies. In this case, the participants are two owners who want to exchange housing. The object of exchange can be a non-residential premises or a vehicle, etc.
By donation]
Gift - gratuitous transfer of movable or immovable property (see also:). Both strangers and relatives have the right to participate in the transaction. The donation is made independently or notarized. Self-registration is possible if there are no persons who can challenge the transfer of property. If there are any and a conflict may occur, it is better to draw up a donation document with a notary. Notary services are paid.
The following documents are required for issuing a donation:
- participants' passports;
- a document confirming the right of the donor to the property;
- extract from the USRN;
- written consent of the spouse, certified by a notary (if necessary).
The notary will draw up a donation agreement, take the documents he needs and deal with the registration of property in Rosreestr. After some time, the gifted person will receive an extract from the USRN, which indicates his name as the owner of the property donated to him.
How to redecorate an apartment yourself? Take the documents to Rosreestr yourself. In this case, you will need to sign the contract in person in the presence of the registrar, pay a state duty of 2,000 rubles for registration and 350 rubles for registration.
By inheritance
By inheritance, the property passes to the new owner after the death of the testator. If there is a will, then the procedure for entering into the right of inheritance is greatly simplified, because the circle of heirs narrows. In the absence of a will, the heirs receive the property of the deceased in order of priority (Chapter 63 of the Civil Code of the Russian Federation).
You can accept an inheritance within six months from the date of the death of the testator. To issue the right of ownership - immediately after entering into the right of inheritance. To issue a certificate of ownership, the following documents are attached to the above documents:
Features of registration in special cases
The above are general cases that are universal and suitable for everyone. What about special cases that involve children or parents? What is the peculiarity of registering real estate for one of the spouses? When re-registering real estate for a relative, one should take into account the fact to what extent the participants are related to each other.
For children or parents
It is best to re-register an apartment for a child under a donation agreement. A child will not buy an apartment from his parents, being a minor, and it is not customary in our society to sell an apartment to an adult son or daughter. Although this happens too.
The deed of gift can be canceled until the right to an apartment is registered with Rosreestr. A gift from parents to a child can play a decisive role in the divorce of spouses and the division of property. Spouses will not be able to share the donated apartment or share in the division of property. Re-registration to parents has no differences from the standard methods. The state duty is paid, the services of a notary are paid at the rates established by law.
For spouse
The transfer of the right to the property of one of the spouses is formalized in the usual standard way from the above. Any of them is suitable for making a deal. You can re-register a share in an apartment or the apartment itself through an exchange or buyout, as well as donate or bequeath and secure the right by agreement with a notary.
