Documents to be requested from a foreign counterparty

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subornaakter40
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Joined: Tue Jan 07, 2025 4:21 am

Documents to be requested from a foreign counterparty

Post by subornaakter40 »

In order to minimize possible legal risks when doing business with foreign organizations, it is necessary to obtain (by request) statutory or other title documents that guarantee the ability to conclude transactions even before signing a contract.

In order to understand the documents fast food email list of a foreign counterparty provided in response to a request, you should have some understanding of the intricacies of working with non-residents of the Russian Federation.

According to the law, the charter, the memorandum of association, the certificate of incorporation and other legal documents of a foreign company are provided in Russian and are legalized according to the established scheme. Or an apostille can be affixed if this simplification of the confirmation procedure is prescribed by law.

Documents for recording beneficiaries

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Article 1 of the Hague Convention (October 5, 1961) annuls the requirement for mandatory legalization of official documents of foreign companies. The provisions of the article came into force in Russia (since May 31, 1992), as a member country. It lists the documents on which an apostille may be affixed.

Contracting parties originating from countries that are not parties to the convention are required by law to have all their official documentation legalised.

Any documents, including a personal power of attorney issued to a person to conduct negotiations and conclude transactions, are subject to mandatory legalization. There are examples when a foreign counterparty, citing the high cost and complexity of the process, refused to legalize or apostille the documentation. It is possible (but with great risk for your own company) to agree to provide copies of documents that are not properly certified.

It is good if a foreign company provides (upon request) an extract from the trade register of its country of origin. The organization must be designated there as "active". You should not start a business relationship with a counterparty with the status "terminated" or if it does not provide an extract upon request. Because it will be impossible to recover damages from a company that has ceased its commercial activity if the case goes to court.

There are some nuances here too. For example, in Great Britain (as in many other countries) trade registers are not maintained. Then the company requests a certificate from the foreign counterparty for the activity carried out, which acts as a guarantor of its well-being.
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