Registration of a Branch

If you already have a company, then it is likely that in time you will need to open a branch for more efficient development of your company. The procedure for registering a branch is different from the procedure for registering a company. Therefore, even if you were able to create and register your company single-handed, you need to study the nuances of these processes in relation to branches.

A branch of a legal entity: what you should know

It is important to note that, in accordance with the legislation of the Republic of Belarus, a branch of an enterprise is not a separate legal entity, but a division of a legal entity it was created by.

A branch is registered at a different address and can perform both all and part of the functions of the main company. It can also be its representative office.

When creating a branch, a legal entity vest property to a branch that is indicated separately on a balance sheet. Moreover, the branch acts on the basis of the Charter of the legal entity that created it.

The registration of a branch: plan

Step 1. To make a decision on the creation of a branch.

Such a decision should be made by an authorized governing body. Depending on the type of a legal entity, this may be, for example, a board of directors, or a meeting of founders. The decision is recorded in the protocol.

Step 2. To make amendments in the Charter of the company to establish a branch.

In accordance with the legislation of the Republic of Belarus, this step is mandatory, a branch will be created based on it .

Step 3. To register amendments to the Charter.

In order to do this, it is necessary to contact the registration authority and provide a package of documents (an application on approval of amendments to the Charter; copies of these amendments, drawn up as an appendix to the Charter; a receipt of payment of the official fee).

Step 4. To draft and approve the regulations on the establishment of the branch.

This provision is not officially registered, while there are no specific requirements regarding the information that should be included there. But, as a rule, it indicates the name of the branch, its address, functions, etc.

Step 5. To issue a power of attorney addressed to the head of the branch.

The head of the branch is appointed by the management of the main legal entity and carries out activities on the basis of the power of attorney received.

Step 6. To register with the relevant authorities.

Within the established period, it is necessary to register the branch with the tax authorities, the Social Protection Fund and Belgosstrakh.

Step 7. To open a bank account.

This step is not mandatory when registering a branch; accordingly, a branch may operate without its own bank account.

The legal advice in registering a branch

Do you want to create a branch of your company? Our lawyers will be able to provide you with comprehensive assistance in this matter. Extensive practical experience and rich knowledge in the field of legislation are the main advantages of our professionals.

If you need competent legal advice, you can contact us at the phone numbers indicated on the website or leave a request online.