Viktor Viktorovich Bondyakov, the head of the Legal Assistance Center of LLC SME "New Formation", Chairman of the Stavropol Regional District, Chairman of the Bar Association of IC "Bondyakov and Partners", member of the CCRC, shared his expert opinion:
Managing a business remotely and while mobilizing: what entrepreneurs need to know
The government has approved a support plan for companies and entrepreneurs during mobilization. It has several innovations:
✔️ Mobilized entrepreneurs will be able to remain the owners of their business and engage in entrepreneurial activities both personally and through third parties. According to current laws, military personnel are prohibited from engaging in business, even through a power of attorney.
✔️ Business owners, company managers or individual entrepreneurs will receive a 5-day deferment from conscription in order to have time to issue all the necessary powers of attorney and transfer affairs to new managers.
✔️ Businessmen will also be able to apply for credit holidays, deferred rent payments and write off penalties incurred due to mobilization. There will be no penalties or inclusion in the register of unscrupulous suppliers.
How can an entrepreneur transfer the affairs of his company to another person?
1️⃣ Come to the notary. You need to issue a power of attorney for the selected person. This could be a company employee or any other person.
2️⃣ Don’t forget about the documents. The most necessary thing is a passport. Depending on the type of power of attorney, other documents may be needed — SNILS, INN, extract from the Unified State Register of Legal Entities for the last 30 days. It is better to check the full list with a notary before your visit.
3️⃣ Describe the details. In the power of attorney, it is important to indicate that the entrepreneur transfers to another person the right to manage the company or conduct business. Separately, it is worth registering the right to submit reports to the tax office, the right to sign documents within the framework of labor relations and other documents, as well as the authority to represent the interests of an individual entrepreneur or company in court. This may be several separate powers of attorney.
4️⃣ Think about money and loans. It is also worth taking care of the access of a trusted person to a bank account — an individual entrepreneur or a company. A general power of attorney is suitable for this: it is important to indicate in it exactly what banking operations the manager allows to conduct on his own behalf. For example, taking out or refinancing a loan.
5️⃣ Specify deadlines. As a general rule, a power of attorney is valid for one year. But you can specify any terms — there are no duration restrictions for powers of attorney.
These rules are suitable not only for mobilized entrepreneurs or managers, but also for those who have left and prefer to conduct business remotely.