Наталья Ключевская
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Об оптимизации процедуры получения документов о госрегистрации юрлиц и ИП сегодня сообщается на официальном сайте налоговой службы.
Так, возможность получения документов о регистрации юрлиц и ИП больше не зависит от способа подачи документов – на бумаге или в электронном виде. Если ранее соответствующие документы направлялись по электронной почте, только если они были представлены на регистрацию в виде электронных документов, то теперь при подаче документов в регистрирующий орган на бумаге или их направлении через МФЦ или нотариуса документы о регистрации юрлица или ИП также будут доступны для направления по электронной почте. Обязательным условием для этого является указание в заявлении о регистрации адреса электронной почты.
При этом, если заявителю потребуется продублировать на бумаге документы, полученные по электронной почте, то ему необходимо будет обратиться в регистрирующий орган (в МФЦ или к нотариусу, направившему документы на регистрацию) с соответствующим запросом. В этом случае ему будут выданы на бумаге документы, аналогичные по содержанию тем, которые были получены по электронной почте.
Должен ли процесс подачи документов на регистрацию в электронном виде исключать отказ регистрирующего органа в регистрации по основанию, обусловленному техническими проблемами? С правовыми позициями судов по данному вопросу ознакомьтесь в «Энциклопедии судебной практики» системы ГАРАНТ. Получите полный доступ на 3 дня бесплатно!
Напомним, в соответствии с п. 3 ст. 11 Федерального закона от 8 августа 2001 г. № 129-ФЗ «О государственной регистрации юридических лиц и индивидуальных предпринимателей» документы, связанные с госрегистрацией (документ, подтверждающий факт внесения записи в соответствующий госреестр, учредительный документ юрлица или изменения, внесенные в учредительный документ юрлица, с отметкой регистрирующего органа, документ о постановке на учет в налоговом органе), направляются регистрирующим органом не позднее одного рабочего дня, следующего за днем истечения установленного для госрегистрации срока. Они направляются в форме электронных документов, подписанных усиленной квалифицированной электронной подписью, по включенному в соответствующий госреестр адресу электронной почты юрлица или ИП, а также по адресу электронной почты, указанному заявителем при представлении документов в регистрирующий орган.
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