Letter of guarantee to the legal address from the owner of the premises for registration of LLC sample 2021

A letter of agreement on cooperation is drawn up in cases where one organization gives preliminary “go-ahead” to another company to form long-term partnerships or conclude an agreement on any transaction.

Examples of letters of consent:

— to conclude an agreement — to use a trademark — to participate in a tender — to conduct an audit

Is it necessary to write a letter of consent?

Today, when there is a huge number of different means of communication, representatives of some enterprises consider the formation of such letters inappropriate. However, this is a misconception. The fact is that business etiquette implies, when receiving a letter of offer of cooperation, that the response must also be prepared in writing. Thus, the company expresses its respectful attitude towards a potential partner, client, customer.

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Who should be responsible for drafting the consent letter?

Typically, such letters are written in the secretariat, on behalf of the director of the organization. The head of any structural unit or a lawyer can also undertake their preparation. But regardless of who exactly is involved in creating a letter of agreement on cooperation, this person must have business correspondence skills and be fluent in the rules of the Russian language in terms of vocabulary, grammar, spelling, stylistics and speech culture. At the same time, you should be scrupulous and extremely careful when drafting a letter, without violating not only your own interests, but also the interests of the potential counterparty.

What is it for?

The tax office verifies the authenticity of the information submitted for LLC registration . This requirement also applies to the legal address of the organization that is being created. To confirm its authenticity, you must provide a letter of guarantee confirming the provision of a legal address.

Thus, the preparation of such a paper is carried out to achieve the following tasks:

• is proof that the address under which the LLC is registered is real;
• acts as a guarantee that in case of successful registration, the owner of the premises will lease it to a new organization;
• confirms the fact that the landlord is the legal owner of the premises and does not violate the interests of third parties.

Tax authorities check the authenticity of the letter of guarantee over the phone . The lessor must confirm the information reflected in the letter of guarantee.

Formatting a letter

The letter can be written on a simple plain sheet of paper or on a letterhead with a company logo and details. The second option is preferable because it gives the message credibility and significance. In addition, the letter can be written by hand or printed (with mandatory further printing). A handwritten message will indicate a warmer, more friendly attitude of the sender towards the recipient.

The letter is written in one original copy, information about it must be entered in a separate log of outgoing correspondence (here you should put a note about the date and number of the message).

Contents of the meeting message

The content of the notice of the meeting must meet the requirements of Part 5 of Art. 45 Residential Complex of the Russian Federation .

The message must contain:

• Information about the OSS initiator. For an individual: full name, address of the premises that belong to him as property, details of the title document. For a legal entity: OGRN, name, address of the premises owned by it, details of the title document.
• Form of conducting OSS: full-time, part-time or part-time.
• The date and place of the in-person meeting, the deadline for taking decisions and the reception location for the absentee meeting. For full-time and part-time forms, both are indicated.
• Meeting Agenda: All issues that will be raised at the OCC must be listed and numbered.
• The procedure for familiarizing yourself with the information and materials that will be presented at the OSS: what documents, where and when you can view them.

Template for a message about holding a meeting.docx
Source: RosKvartal® - Internet service No. 1 for management organizations

Who should sign the consent letter

The letter must be signed by a representative of the sending company. It is best, of course, if the director of the company (as the only authorized executive body of the enterprise) or a person temporarily performing his functions puts his autograph on it.

However, in cases where this is not possible (for example, in organizations with a large number of structural divisions and number of personnel), it is allowed to sign outgoing correspondence from the heads or specialists of the departments in which it is generated (provided, of course, that they are authorized to sign) . There is no need to put a stamp under the letter (unless the director of the enterprise expresses his will).

Letter from the owner of the premises for registration of a legal entity

Despite the fact that the legislation of the Russian Federation does not require the execution of a letter of guarantee from the owner of the building when registering a company, in real life registration is not carried out without such a document. In this way, the Federal Tax Service insures itself against registering institutions at false addresses.

What is required, in this case, from the building owner?

• A photocopy of the title deed (certified by a notary).
• Photocopy of the rental agreement (showing the original).
• A guarantee document that this premises is leased to this particular institution.
• When subleasing, such a condition must be reflected in the letter of guarantee (the same must be reflected in the rental agreement).
• When subletting a building, a letter from the main tenant is provided.

The question often arises: is the owner of the building, who has issued a letter of guarantee to the institution before registration, required to sign a lease agreement for the building at the specified address? It should be noted that the agreement is concluded with the free will of the participants, therefore it is impossible to force the landlord to lease the building.

Such a letter is only a document informing the owner that it is planned to register an institution in the building owned by him, and he agrees with this. The tenant who has registered the institution at this location also has the right to refuse the lease agreement.

Any owner of a building, both an individual and a commercial person, has the right to issue a letter of guarantee.

The legislation does not provide for a unified form for such a letter. Therefore, the letter of guarantee is drawn up in a business style in compliance with generally accepted rules for writing business letters. For a legal entity, it is advisable to draw up such a document on company letterhead, for an individual - on an A4 sheet.

The warranty form must display the following information:

• Details of the property owner who signed the guarantee.
• Name of the tax authority registering the institution.
• Full address of the rental location, property characteristics.
• FULL NAME. leader and name of the future institution.
• A promise to lease the building upon request.

The document is accompanied by a photocopy of the certificate of ownership of the property at the specified legal address. The owner of the building, after submitting materials for registration of the institution, must be available for communication using the displayed contact information. It is possible that Federal Tax Service employees will contact the property owner to confirm registration information. In the absence of such confirmation by the owner, the Federal Tax Service may refuse to register the institution at the specified address.

Basic rules for drawing up a letter of consent and a sample

The rules for drawing up a letter of agreement on cooperation are practically no different from the rules relating to all other corporate letters. In particular, when composing such a message, it is necessary to maintain a business style, that is, restrained intonation, polite greeting and address, and a laconic, focused essence. Everything should be to the point, extremely correct, clear and understandable.

In a letter of consent, familiarity and familiarity are completely unacceptable, and even more so rudeness and profanity. Overly “loaded” long phrases and complex terminology should be avoided. It is important that the answer is not too lengthy (it will be enough if it contains only a few lines or sentences), since hardly anyone will want to read a multi-page message.

When composing a letter, the name of the sending company and its details, a link to the letter of offer, as well as the signature of a representative of the enterprise must be indicated.

It should be noted that, despite the official style of the message, this type of letter is not an absolute guarantee that a cooperation agreement will be concluded, but serves as nothing more than a preliminary consent to the possibility of further business relations or concluding a deal.

How to send a letter

A letter can be sent in several different ways.

1. The simplest and most accessible, although time-consuming: through regular Russian mail - here you need to choose registered mail with return receipt requested (this method guarantees that the message will reach the addressee). You can also send a letter through a representative or courier.
2. If for some reason these methods are not suitable, then it is acceptable to send a letter via electronic means of communication (official email), as well as fax.
3. As a last resort, you can use a messenger or social network, but it is still better to first make sure that the potential partner accepts this way of business communication.

Letter of consent to use the trademark

Trademarks are protected by copyright. To use someone else's trademark, an entrepreneur or organization needs to formalize a contractual relationship with its legal owner. There are 2 ways to do this, each of which requires writing a letter of consent from the trademark owner.

1. If the cooperation is planned to be long-term, a special agreement is concluded for this purpose - a license agreement, which must be registered with a notary. In this case, as before concluding any contract, the owner of the trademark is sent an offer, to which he must respond - acceptance. If the answer is positive, a license agreement is concluded on the announced terms.
2. Official permission of the trademark owner for certain purposes indicated in it. It is also written in response to a sent offer.

Registration of a similar trademark

Trademarks are registered with Rospatent. If another company submits for registration a mark similar to one already registered for certain items, the government agency does not have the right to simply register it. But if the copyright holder company, at the request of a company trying to register a similar mark, writes a letter of consent addressed to Rospatent, registration will no longer be refused.

So, writing a letter of consent will be mandatory for all of the above cases related to the use of trademarks.

Limited Liability Company "Nikanora" LLC "Nikanora" Russia, 108807, Moscow, 1st Rogozininsky Lane, 18 Tel., fax, e-mail: nika [email protected] OKPO XXXXXXXXX, OGRN XXXXXXXXXXXXXXX, INN/ Checkpoint XXXXXXXXX 07/16/2017 No. 767-12/6543 On No. 17-14/1346 dated 07/15/2017

In Rospatent of the Russian Federation On consent to use a trademark

Nikanora LLC (copyright holder), represented by General Director A.P. Romashkina, acting on the basis of the Charter, hereby confirms:

• the copyright holder is the legal owner of the trademark “Emblem” on the basis of state registration certificate No. 14/67 dated July 12, 2015;
• copyright holder based on a request from LLC “Old City” represented by General Director M.S. Rysko, acting on the basis of the Charter, does not object to the use of Old City LLC (OKPO XXXXXXXXX, OGRN XXXXXXXXXXXXXXX, INN/KPP XXXXXXXXXXX, legal address: 125252, Moscow, 1st Rushnikovsky Lane, 41, office 2) elements of the trademark “Emblem” for registration in the following positions:
• packaging of goods;
• storage of goods in a warehouse.

General Director of Nikanora LLC /Romashkina/ A.P. Romashkina

When is a letter of guarantee sent to your home address required?

According to the Federal Law “On Registration of Legal Entities and Individual Entrepreneurs”, when registering a company at the home address of the director or member of the LLC (primary or “relocation”), nothing needs to be provided. The official position of the Federal Tax Service, stated on their website, says the same thing.

However, in fact, in the regions they may require this, although this document looks like “the consent of other owners to register. It is better for those who specifically need to find out before starting the registration procedure in order to avoid costly refusals and loss of time.

Letter of consent to participate in the tender

Tender – implementation of a transaction on the basis of a competition announced by the customer company. Companies applying to become a contractor send a package of documents to participate in the tender.

It is important to distinguish what kind of consent we are talking about and, accordingly, the documents that formalize it. Each company that submits an application for participation thereby documents its consent to participate in the tender. This application is a documentary expression of the consent of the future tender participant. Requirements for it, in addition to the general ones for office work:

• drawing up in two copies - for registration as a participant and for supplementing the tender proposal;
• email address of the potential contractor;
• indication of contacts of the curator for the declared participation in this tender (telephone, email address)

If we mean the consent of the customer company, with which it must confirm in writing the right of the potential contractor company to participate in the tender, this document is also drawn up according to certain rules.

Limited Liability Company "Summer Freshness" LLC "Magnificum" Russia, 644039, Omsk, st. 1 May, no. 67 Tel., fax, e-mail: [email protected] OKPO XXXXXXXXX, OGRN XXXXXXXXXXXXXXX, INN/KPP XXXXXXXXX 07/10/2017 No. 87-14/4908 To No. 17-10/8903 dated 07/03. 2017 To the General Director of Metallurg LLC K.M. Extremely

Application for consent to participate in the tender for the protection of the territory of the Metallurg sports complex

Dear Konstantin Mikhailovich!

Magnificum LLC, represented by General Director N.A. Stetsenko, acting on the basis of the Charter, announces his interest in participating in the tender for the announced facility. Please send tender documentation by mail or email to prepare a tender proposal.

Sincerely, General Director of Magnificum LLC / Stetsenko / N.A. Stetsenko

Who composes?

The preparation of a written guarantee is carried out by the lessor, who is ready to lease his property to a new organization.

Current legislation does not contain restrictions regarding who the owner of the leased property should be. In other words, not only a legal entity, but also an individual can act as a lessor. A letter of guarantee for the provision of a legal address can be prepared :

1. an individual;
2. legal entity.

Letter of consent to conduct an audit

Such a letter is the audit organization’s response to a previously sent invitation to perform an audit. This document is standard. Its writing is regulated by the Rule (Standard) of auditing activities, approved by the Commission on Auditing Activities under the President of the Russian Federation on December 25, 1996, Protocol No. 6. The requirements for drawing up such a letter are uniform and mandatory for all auditors. You can avoid writing it if a long-term contract for conducting audits has already been concluded.

ATTENTION! It is permissible to deviate from the Standard in a letter, but then this circumstance must be specifically stipulated in the audit contract.

This document is sent to the company before concluding an audit contract with it in order to clarify and clarify the conditions of the upcoming audit, that is, from a legal point of view, this is an offer.

Required elements of a letter of consent for an audit

1. Clarification of audit conditions:
   purpose and object of the audit;
2. only the head unit or also the accounting records of branches are checked;
3. references to laws and regulations on which the audit will be based;
4. what will be checked additionally, in addition to the standard procedure.
5. Clarification of audit obligations:
   what audit reporting will be;
6. degree of responsibility of auditors;
7. protection of trade secrets;
8. justification of audit risk.
9. Obligations of the audited organization:
   imposing responsibility for the accuracy of the data provided for verification;
10. availability of free access to inspected objects (information);
11. the possibility of audit requests from counterparties;
12. inadmissibility of influencing auditors in order to distort the results of the audit.

Additional elements of a letter of consent

They can be included in the text if desired. The role of additional conditions is to clarify all the important points, obligations and responsibilities of the economic entity and the audit organization. Among them may be:

• transfer of audit services;
• description of verification methods;
• composition of the audit committee;
• remuneration issues;
• consent of the audited company to apply the results of previous audits;
• limitations and recommendations regarding the auditor's report;
• proposals for further cooperation, etc.

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