Acquisition commercial real estate, as a rule, is associated with fairly large costs, respectively, the amount can be very large. In such situations, legal entities need to determine whether the transaction is large. Let's consider further how to do it.
Terminology
A major transaction for an LLC is the alienation or acquisition of material assets by the company, the value of which exceeds 25% of the price of the entire property of the company. The latter is evaluated according to financial statements. In this case, the calculation is carried out for the period preceding the day on which the decision on approval was made. big deal. The charter of the company may establish a higher percentage. In accordance with the constituent document, a major transaction for an LLC may be determined according to other criteria. Thus, this category may include the sale and purchase of real estate, regardless of its value. Any transaction, the amount of which exceeds a certain figure (for example, more than a million rubles), can also be recognized as a major one.
the federal law
A major transaction is carried out in accordance with the rules established in Art. 46 Federal Law No. 14. The article also contains a detailed explanation of the definition itself. Thus, one (loan, credit, guarantee, pledge, including) or two or more interconnected transactions relating to the acquisition, alienation or the possibility of indirectly or directly alienating property worth 25% or more of the total price of the company's material assets, established according to the data financial statements for the period preceding the date of the decision to conclude them, unless the Charter of the company provides for a higher percentage.
The category under consideration does not include those committed in the course of the ordinary economic activity firms, as well as those that are mandatory for a legal entity on the basis of the Federal Law or other regulatory acts, and settlements on them are carried out at prices established in the manner determined by the Government or authorized by it executive body. The cost of acquired material assets is determined according to the company's reports, and the cost of acquired property is determined based on the amount of the offer. 
Approval of a major transaction: sample, description of the procedure
No participant can independently acquire or sell the property of a legal entity without the knowledge of the other shareholders. Approval of a major transaction is carried out by the general meeting. Discussion and documentation is carried out according to the rules provided in founding documents. The decision to approve a major transaction (a sample act is presented in the article) must contain information on:
- Persons who act as parties to the contract, beneficiaries.
- Price.
- The subject of the contract and other essential conditions.
The decision to approve a major transaction may not include information about the beneficiaries if the contract is concluded at an auction and in other cases when the parties cannot be determined by the time the act is adopted. The company's charter may provide for the establishment of a board of directors. In this case, the decision to approve a major transaction of an LLC regarding the alienation or its possibility, as well as the acquisition, indirectly or directly, of material assets worth 25% or more of the price of the company's property, may be referred by the founding documents to the competence of this body. 
Challenging
Contracts signed in violation of the requirements of the law (approval of a major transaction has not been received, an act has been drawn up improperly, etc.) may be declared invalid. A dissenting participant may file an appropriate claim in court. If the statute of limitations on a claim for recognition of the invalidity of the contract in such cases is not subject to restoration.
Court refusal
The authorized body may not satisfy the plaintiff's request to invalidate the decision on a major transaction carried out in violation of the requirements established by law, in the presence of any of the following circumstances:
- It has not been proven that the conclusion this agreement caused or may cause damage and other adverse consequences for the company or the participant who filed a claim.
- The vote of a shareholder who claims to the court to invalidate a transaction concluded after approval at a general meeting, even though he participated in it, could not affect the results.
- By the time the case is heard, evidence of the subsequent agreement of the contract according to the rules established in the Federal Law has been presented to the court.
- During the consideration of the dispute, it was proved that the other party to this transaction did not and should not have been aware of its commission in violation of the provisions of the law.
Consequences of invalidity
As the main result in this case there will be a lack of a positive legal outcome. In other words, the rights and obligations stipulated by the conclusion of the contract will not arise. Thus, an invalid transaction will not entail legal consequences, except for those that arise directly when it is recognized as such. As an exception, the court has the right to terminate the contract not from the moment of its conclusion, but for the forthcoming period - from the date of issuance of the relevant act. This provision applies to voidable transactions if it follows from their content that they can only be stopped for the forthcoming period. Basically, this refers to lasting contracts, the termination of which from the moment of their conclusion is inexpedient or impossible. 
Bilateral restitution
This is another important consequence of the recognition of a transaction, including a large one, as invalid. In the event of termination of the contract, the parties must return to their original position. Each participant is obliged to return to the other everything that he received during the transaction. Bilateral restitution takes place if the parties partially or fully fulfilled the contractual requirements. If it is impossible to return what was received in kind, the participant must reimburse its cost in monetary form unless otherwise provided by law.
It should be noted that bilateral restitution does not always work in practice. For example, you cannot return goods that have been resold to third parties. Compensation in money in such cases does not make sense, since the buyer has already paid, and the repeated deduction of money will act as unjust enrichment. Constitutional Court for such contentious issues clarified that in case of restitution, the restoration of rights should be carried out on the basis of the principle of equality, ensuring equivalence and equivalence of compensation for the value of material assets. The Supreme Court and the Supreme Arbitration Court also pointed out that when applying the consequences of the invalidity of a contract, the obligations under which are partially or completely fulfilled, it is necessary to proceed from an equal amount of obligations. In this regard, in controversial situations, restitution provisions often do not work in practice.
Important point
If an agreement is concluded, in the signing of which there is an interest, the approval of a major transaction is carried out in accordance with the provisions of Art. 45 Federal Law No. 14. An exception is the case when all members of the society have it. In such situations, a major transaction is negotiated in accordance with the procedure established by Article 46. In addition to the cases specified in paragraph 1 of this Article, the constituent documents may provide for other sizes or types of contracts to which the above requirements apply. 
Exceptions
The provisions under which a major transaction must be concluded do not apply to:
- Relations that arise when the right to property is transferred during the reorganization of a legal entity, including under agreements on accession and merger.
- Companies that consist of one participant, simultaneously performing the functions of the sole executive body in it.
- Relations that arise when a share or part of it in the authorized capital is transferred to a legal entity in the cases established in Federal Law No. 14.
Arbitrage practice
According to paragraph 2 of Art. 46 of the Federal Law No. 14, if a major transaction is concluded, the value of the property alienated by the company is determined in accordance with its accounting data. According to the explanations contained in paragraphs 2, 3 of Letters of the Supreme Arbitration Court No. 62 (a review of the practice of resolving disputes relating to the conclusion by business entities of the contracts and agreements under consideration in which there is an interest), when determining the category of legal relationship, the value of the subject should be compared with the book value of the assets of the legal entity at the last approved reporting without reduction by the amount of liabilities (debts).
The accounting period, according to Federal Law No. 129, is the calendar year from January 1 to December 31 inclusive. In the absence of a balance sheet in the company, the burden of proving that the contract being concluded is not a major transaction is placed directly on the legal entity. If there are objections from the persons participating in the case regarding the reliability of the information provided by the company, it is allowed to determine the value of material assets on the basis of the results of an accounting expert examination as ordered by the court.
Interest calculation: sample
A major transaction is determined by the ratio of the value of the existing and acquired / alienated property. Consider an example:
- The value of the property is 45 million rubles.
- The price of the property of a legal entity is 5 million rubles.
- 1% of 5 million = 50 thousand rubles.
Find the value of the transaction as a percentage of the property of the legal entity:
45 million/50 thousand = 900%
There is another option: divide the cost of the transaction by the price of the property (100%) and then multiply by 100:
45 million / 5 million x 100 = 900% 
Control
From January 1, 2012 Section V.1 came into force tax code. It regulates the exercise of control over transactions between related parties. The subject of supervision is the price of the contract. In the course of control, the compliance of the indicated value with market values is checked. This process is regulated by Art. 105.3-105.6 NK. Tax control is carried out to check the completeness of the calculation and payment of fees and taxes (on profit, VAT, personal income tax, mineral extraction tax). Any major transaction is subject to registration with the appropriate service. Contracts that meet certain pricing requirements are subject to control. The Tax Code establishes the following criteria:
- The amount of income under contracts for the corresponding period exceeds 1 billion rubles. (since 2014).
- One of the parties acts as a taxpayer of the MET, calculated at a percentage rate, and the subject of the transaction is a mineral (precious metals and stones, oil and products of its processing, ferrous and non-ferrous metals, mineral fertilizers). The cost criterion for such contracts is 60 million rubles.
- At least one member:
Acts as a UTII or UAT taxpayer (if the agreement is signed as part of this activity), and the other party does not use a special taxation regime (value limit - 100 million rubles / year);
Exempted from paying income tax, and the other does not use such relief (price threshold - 60 million rubles / year);
Acts as a participant in the Skolkovo project, while the other does not (the criterion for the amount is 60 million rubles / year);
It is a resident of the SEZ and uses a preferential taxation regime, while the second one does not, the price limit is 60 million rubles per year.
Notification
The taxpayer is obliged to notify the supervisory authority of controlled transactions that were committed during the calendar year, no later than May 20 of the upcoming period. This provision is found in Art. 105.16, clause 2. The notification is sent to the place of residence, location or registration of the legal entity as a major taxpayer. The notice should include the following information:
The notification form, the procedure for filling out, as well as the format for providing the document in in electronic format accepted and approved in accordance with the Order of the Federal Tax Service. If the transaction is not recognized as controlled, then the above requirements do not apply to it.
For large transactions in organizations, approval will be required. This is a special document that complies with the norms of Federal Law No. 44 or Federal Law No. 223; according to these legislative acts, approval is not a mandatory paper.
Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:
APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.
It's fast and IS FREE!
But the customer can at any time request the relevant document from the supplier if the goods are being purchased. Most often, representatives of small and medium-sized businesses come across the solution.
What it is
A Major Deal Approval Decision is a document that can be requested for major purchases.
Major purchases are those transactions that go beyond the standard economic activity company, while the action is associated with the sale and purchase of the property of the "LLC" or the property will be transferred for temporary use in accordance with the relevant agreement or license, as specified in paragraph 1 of Article 46 of the Federal Law No. 14. The transaction price must exceed a quarter of the book value of the company's assets.
The approval decision states maximum price one contract, as specified in clause 8 of part 2 of article 61 of Federal Law No. 44.
The document is adopted in accordance with legislative acts or the rules specified in the Charter of the Procurement Participants are used. If the third option is chosen, this issue will be dealt with by the representative of the supplier, who has sufficient authority to obtain accreditation at the ETP.
In a limited public company, a general meeting must be held, following which a document is drawn up. Also, the issue may be dealt with by the board of directors, if the Charter of the enterprise allows it.
What does 44 FZ say
Federal Law No. 44, which regulates the scope of procurement for legal entities, includes the following chapters:
- General provisions.
- Planning.
- Implementation.
- Monitoring.
- Control in the area.
- Action appeal.
- Features for some types of purchases.
- Final articles.
When required
ETP accreditation is a prerequisite for participation in electronic auction. This will require a package of documents, including the approval of the transaction. Paper is mandatory for obtaining accreditation even if the purchase is not characterized as "large".
Sometimes legislation or other regulations require information in the second part of the application. This will also be required if the contract is large for the participant.
If these data are not provided, then the candidate may be rejected, regardless of the stage of the conclusion of the contract. Verification of data is carried out by the auction commission of the customer.
But the responsibility falls only on the "LLC". Individual Entrepreneur- these are not legal entities for which it is required in without fail submit approval for accreditation at the ETP.
Approval is not required in the following cases:
- there are no contradictions to the company's charter;
- cause of occurrence property relations- reorganization;
- the company consists of one person;
- the volume of property changes in accordance with the Federal Law on "LLC".
Who makes the decision
If the transaction is made by "OOO", then the decision is made by the meeting of directors. More information about the competence of such a council can be found in the Charter of the organization. If there is no such clause in the Charter, then the decision is made by the meeting of the company's participants.
If the transaction is carried out by a joint-stock company, then confirmation of the permission to conduct the transaction is carried out at a meeting of all shareholders. Transaction confirmation will not be required only if full package shares are held by one person.
If the transaction was not approved, then the legislation defines a period of one year for challenging the decision made from the moment the relevant information was transferred. If the specified period is missed, it will be impossible to challenge the decision in any other way.
Legislation allows you to first conclude a deal, and after a while to formalize it. In some cases, due to the presence of this period, the consideration of the invalidity of the transaction within the framework of the court even begins.
But taking into account all the nuances, the application for recognition of the transaction as invalid will be rejected. Often this occurs if the conditions in Federal Law No. 14 were not met, but which were corrected by the time of the trial.
How to compose and its sample
Drawing up a permit document is an important part of the transaction. This action must take into account all valid rules and requirements.
The following information must be available:
- about the participants in the transaction;
- cost data;
- operation object data.
According to paragraph 3 of Article 46 of Federal Law No. 14, approval must include:
- details of the parties (the beneficiary may not be specified);
- the value of the property under the contract;
- the subject of the agreement;
- other conditions.
You will also need to confirm the legality of the approved approval. To do this, they resort to the services of a notary or draw up a document in another way established by the Charter of the organization or the general meeting of leaders. All this is indicated in article No. 67.1 of the Civil Code of the Russian Federation.
The list of data that needs to be transferred using the solution is indicated in paragraph 4 of Article No. 181.2 of the Civil Code of the Russian Federation:
- meeting date;
- meeting time;
- meeting place;
- list of participants;
- Voting results;
- data of those who counted the votes;
- who voted against the acceptance of the transaction, if they wished to reflect the corresponding record.
The simplest situation with confirmation is for LLCs, which have only one founder in their composition.
For IP
Individual entrepreneurs are not required to submit a decision on the approval of the transaction, since an individual entrepreneur is not a legal entity. And the legislation does not define other persons who must send approval. But the document will be required to obtain accreditation.
For LLC
In "LLC" the sole executive body is determined only if the organization has sole founder. In this case, the obligation to draw up this document is canceled, the need for approval is decided by the founder himself.
But paragraph 8 of part 2 of article 61 of the Federal Law No. 44 indicates that it is impossible to pass accreditation in the absence of approval. Information must be transferred regardless of the form of ownership. The second part of the application does not have to contain similar information.
The decision to approve a major transaction if the company has only one founder:
Validity
Legislative acts do not indicate any time period for the decision of the head regarding the transaction. But it is allowed to include such a clause that will determine the validity period of the approval.
If the time frame is not specified, then the default period is set to 1 year from the date of adoption.
What counts as a big deal
To do this, the transaction must include financial resources that are transferred to third parties in an amount exceeding 25% of the total assets of the company. The method of transferring property can be different (donations, purchase and sale, and so on). If the transaction takes place within the economic activity, then such a transaction is not taken into account.
To determine the relationship of the transaction to the concept of "large", it is necessary to calculate the ratio of the price to the total assets of the organization. All numbers must be taken from official documents- accounting reports.
The criteria for a "major" transaction are set by the companies themselves. This happens at the stage of creation of the organization. Therefore, companies are free to determine whether a permit is needed.
By "transaction" is meant a wide range of ways to transfer property. Therefore, approval may be required under an employment agreement, preliminary agreement and so on.
Since the concept of the size of the transaction is relative in this case, the same financial action can be regarded differently depending on the size of the organization.
One company can sell several cars, which is the norm for them, but for a small entrepreneur, selling one vehicle could already be a serious blow to the economy and other areas of business.
In the first case, permission will not be required, since the transaction will not be classified as a major one, and in the second case, it will be required.
Calculation of the amount
The calculation of the size is carried out in accordance with the following algorithm:
- calculation of the cost of the transaction;
- comparison of the cost with the property of the organization on the basis of accounting documents.
If the balance is calculated, then the amount of the last balance is taken. Debts are not taken into account, only net assets. Of the property, only that which is owned is calculated legal entity.
Conducting financial procedures in the company should be performed only when confirming information about the "size" of the transaction.
If it is considered large for an organization, then it is necessary to contact lawyers who will analyze the transaction, calculate the risks and give a final assessment of the operation.
In accordance with the requirement of Article 51 of Law No. 44-FZ (part 2, clause 1, subparagraph “e”), an application for participation in the tender in certain cases should contain decision to approve a major transaction. This document must be attached when such a decision is required by law or the constituent documents of the participant. At the same time, both the cost of the transaction itself, that is, the supply of goods, the provision of services or the performance of work, and the amount of security for the application or contract are assessed.
In the absence of a decision to approve a major transaction in the event that it should be presented, the contracting authority may reject the participant's application. When should suppliers and contractors submit such a decision? What needs to be checked by the customer in order not to groundlessly reject the application? Let's consider these questions in more detail.
What is the big deal
The conditions for recognizing a transaction as a major one are established by law and differ depending on the type of legal entity. It is worth noting that, regardless of the type of organization, not only one operation, but also several interconnected ones can be classified as large transactions.
Registration in ERUZ EIS
From January 1 2020 years to participate in auctions under 44-FZ, 223-FZ and 615-PP registration required in the ERUZ registry ( Single register procurement participants) on the EIS portal (Unified Information system) in the field of procurement zakupki.gov.ru.
We provide a service for registration in the ERUZ in the EIS:
For a budgetary institution (BU) a large transaction is considered, the price of which exceeds 10% of the book value of assets as of the last reporting date. Such a transaction can be carried out only with the permission of the body that has the powers and functions of the founder of the BU. Such a requirement is established by paragraph 13 of Article 9.2 of Law No. 7-FZ “On Non-Commercial Organizations”.
But for unitary enterprises a big deal is a deal worth from 5 million rubles . This rule is established by Part 1 of Article 23 of Law No. 161-FZ “On State and Municipal Unitary Enterprises”. The owner of the property of the SUE or MUP must approve a major transaction on the basis of part 3 of this article.
For joint-stock companies (JSC) and societies with limited liability(OOO) big deal is 25% or more of the value of the LLC's property or JSC's assets . The cost of property (assets) is determined according to the financial statements for the last reporting period. The legislative act establishing the conditions for recognizing a transaction as a major one for joint-stock companies is Law No. 208-FZ, and for limited liability companies - Law No. 14-FZ. Note that the charters of JSC and LLC may provide for other sizes and conditions for recognizing a transaction as a major.
With regard to joint-stock companies and LLC, the legislation makes a reservation - large transactions are not considered transactions made in the course of the ordinary business activities of companies . Because of this, the question of recognizing a transaction as a major one does not always have an unambiguous answer for them.
Major deal approval
Major deal approval joint-stock company in accordance with Article 79 of Law No. 208-FZ, is adopted board of directors (supervisory board) or general meeting of shareholders.
The decision regarding major LLC transactions must be made general meeting of participants(Article 46 of Law No. 14-FZ). At the same time, a company consisting of one participant who is the sole executive body, on the basis of paragraph 1 of part 9 of this article, is not required to submit a decision on the approval of a major transaction.
Position of officials and courts
The Ministry of Economic Development and the Federal Antimonopoly Service believe that rejecting an application on the basis of the absence of a decision to approve a major transaction is illegal.
If there is no such decision in the documents, it means that the transaction is not major for the participant. At the same time, Law No. 44-FZ does not require suppliers and contractors to document the fact that the transaction for them does not belong to the category of large ones. This position is supported by the majority of arbitration courts.
However, with regard to non-profit organizations or unitary enterprises arbitrage practice suggests that it is often legitimate to reject an application on the basis indicated. In this case, the law clearly stipulates the criteria for a transaction that is recognized as a major transaction for these organizations. And if, going to participate in such, SUE, MUP or state-financed organization does not apply its approval, then this is a violation of the law.
How to be a customer and a participant?
Before rejecting a bidder's application on the basis of a failure to approve a major transaction, the tender committee should check the following:
- whether such a requirement is established by law for this type of organization;
- whether the amount of the transaction is really large for the participant.
If from the constituent documents of JSC or LLC it is impossible clearly establish whether or not the transaction relates to their normal business activities, then on the basis of the absence of a decision on its approval rejection is not recommended.. In this case, the participant with a high degree of probability can cancel the decision of the competition commission through the FAS or the court.
To avoid such situations, participants can be advised only one thing - to attach the specified solution to the documentation. This is faster and more efficient than facing rejection of the application and challenging the decision of the competition committee. Referring the transaction to the category of large, unitary and budget organizations should be guided by its size, and commercial - to take into account also the fact whether the operation is normal for their business activities or not.
The decision of the founders to approve a major transaction is required when participating in electronic auction. In principle, all major transactions of the company require the preparation of such a paper. But when conducting electronic trading decision is requested separately and is prerequisite to complete it.
FILES
Document Types
If the organization has a single founder, he is also the head, then it is required to draw up his own decision. The document will be titled "Single Member Decision" and will not require general meeting founders.
If there are several founders and all of them came to a single decision to make a major deal, then a special protocol of the founders' meeting is drawn up. It can be called the decision of the founders to approve a major deal.
In principle, the name does not play a special role here. The main thing is the content of the paper and compliance with the requirements for the formation of the document.
What is considered a major deal?
According to paragraph 3 of Article 46 federal law 14-FZ, the value of property with which a company can conduct transactions may be 25-50% of the book value. Such a transaction can be considered a major one and requires the convening of an extraordinary meeting of the founders. Naturally, if it does not apply to the normal business activities of the organization. The book value is determined on the basis of information from last day financial reporting.
A major transaction may be a lease, a loan. Not only the sale and purchase can be considered large transactions, but they are usually the most common.
Expanding the definition, we can say that it is possible to acquire and sell in a major transaction not only goods, but also intellectual property.
Members
Decision making in an organization can take place in several scenarios. Everything will depend on the wording in the founding documents. The most common situation is when a company has one founder and several participants, but there are other forms. Each of the participants in the general meeting of founders may have a different percentage of votes. Without a quorum of all founders, the minutes of the meeting will be invalid. The decision is made by majority vote. Not all founders may agree with a major transaction.
Components of the decision of the founders
The paper should have an introductory part in the form of a heading and a stating paragraph, as well as a description of the agenda, the decision taken and signatures. The header contains standard data about the name of the organization, its details, date and city of compilation. The document must have a number. Through it, the paper is then entered into registration documents organizations.
The ascertaining part is descriptive and consists of an indication:
- Meeting places. Despite the fact that the city is already indicated, the territorial affiliation in this paragraph is specified by a specific address.
- Dates.
- Start and end times for registration of participants. This is a formal clause, but its presence indicates the conscientiousness of filling out the decision of the founders on the approval of a major transaction by the secretary.
- List of meeting participants. It is obligatory to indicate whether there is a quorum or not. Without it, all other actions and signatures will be invalid.
- Information about which of the participants has what percentage of votes. These data are taken from the founding documents.
- Meeting opening and closing times.
- Full name of the secretary who draws up the decision of the founders in the proper form.
agenda
The main part of the decision is a numbered agenda. Numbering is a prerequisite, even if there is only one item in the list. And in this case, it will be the item “On the approval of a major community transaction.” When describing a discussion, the document must indicate:
- The subject of the transaction. It can be both tangible goods and intellectual property.
- It is planned to buy, sell, rent or other type of action with a large-value commodity.
- The exact price of the transaction.
- What are the terms of the deal.
- With whom it is planned to make a major transaction for the organization.
Each of the points in the text of the document should be discussed by the participants. At a minimum, there should be information about who made the proposal, its essence and arguments. If all the other founders agree, then a unanimous decision is made. If not, then each opinion of the meeting participant is recorded in the minutes. These are the mandatory rules for maintaining these documents.
After each of the points there should be the phrase "Decided" and the results of the vote on the issue raised. These results should be expressed as a percentage. At the end, you can make a note as to whether there were other questions during the meeting.
Term
In practice, there are situations when the transaction is delayed. In order not to drown in the proceedings regarding the legitimacy of the transactions, the state authorities have approved a time period during which the decision to complete a major transaction remains in force.
Automatically, the approval period for a specific transaction will be equal to one calendar year. Unless, of course, the approval period is not specified in advance in the organization's statutory documents or in the minutes of the founders' meeting. Then the decision on this issue has already been made.
Notarization
According to paragraph 3 of article 67 of the Civil Code, a notary can certify the decision of the founders on the approval of a major transaction. The second option is approval through signing by all meeting participants. Naturally, the lion's share of organizations prefer the second scenario.
But in order for such a certificate to become possible, it must be specified in the decision of the founders as a separate paragraph. It will be legally more competent. Therefore, in addition to the first paragraph on the direct decision-making, the document may also contain the second: on the choice of a method for confirming the decision made. Each of the agenda items has a description in the attached sample of the decision of the founders on the approval of a major transaction.
komdir
When accredited for trading floors each participant is faced with the problem of providing a scan of the “Form of the decision on the approval of a major transaction on the EP”.
1. Major Deal Approval Decision for Electronic Marketplaces
At the stages of obtaining accreditation for the EP and during the action of submitting an application that is needed to participate in open competition, then the participant must provide this form. Take part in electronic competition it is possible with this permission, 44 FZ says this. Under this law, without major transaction approval decisions, then it will not be possible to participate in electronic procedures is prohibited.
2. Approval of a major transaction 44 FZ
The required document can be as different options, in this case the number of founders of the company will be of great importance. Subject to how many founders the company will have. Will it have one or two founders, or maybe more, then the document will be called “Large Deal Approval Protocol”
The decision to approve the transaction may be the main component of the application, which is needed to participate in the tender. In this case, you will also need to provide a scan of this form. That is, the procedure will be the same as with.
Still have questions about preparing a decision on the approval of a major transaction for EP?
We employ only qualified specialists who are always ready to help you!
3. Decision on the transaction
In order to be able to participate in the competition, you will need this permission. Provided that the transaction will not be large for the tender participant, then you can simply attach a certificate stating that the transaction was not large. In all other cases, decisions on a major transaction must be attached.
The most frequently asked questions that participants ask is the question of what amount should be noted in the very decision to approve a major transaction. The answer to this question is very simple. You can mark any amount, but only it should be no more than the amount for which you will be ready to conclude a contract as a result. Basically, this amount is noted in the amount of several hundred million rubles. This amount will not force you to do anything.
Provided that the amount that you indicated earlier was lower than necessary to participate in the competition. Such situations are always correctable, you can make new form, and after it is compiled, they must be placed on the ETP.
4. Decision on approval of a major transaction LLC sample
Below you can see “Form of a decision to approve a major transaction on an electronic platform”. This form fully complies with all laws and can be used in electronic procedures.