Frequently Asked Questions About Legal Services
How to establish a company?
The opening of companies is carried out in tax authorities. Charter, legal address document - a copy of a document proving ownership, the consent of the owner and a copy of an identity document are notarized. If there are two founders, a memorandum of association and shares are determined. The decision to create a company and state duty - 11 (eleven) manats with other documents will be submitted to the tax office for verification and will be registered in the second stage. The registration procedure lasts 3 (three) business days. After registration, the procedure for opening an account with a bank at the client’s choice begins: a seal is prepared, a copy of all the constituent documents of the company is notarized, as well as an order from the director (must be original), a signature and stamp on cards provided by the bank, tax and a duplicate of a certificate from the State Social Protection Fund ( State Social Protection Fund) to open accounts.
After all these documents are ready, the bank will provide a customer account. By following these procedures, a company can start working in full compliance with local laws.
How to conclude a sales contract?
The form of sale contract is not particularly regulated by the Civil Code of the Azerbaijan Republic. Sales contracts can be concluded in oral, written notarial form, depending on the mutual consent of the parties and the instructions specified in the law. The form for concluding a contract does not depend on its subject and price.
How to draft a company charter?
The charter should contain such clauses as general provisions, the activities of the institution, the authorized capital of the institution, management rules, liquidation of the institution and other provisions.
How to form a tender?
The company forms a tender commission, then prepares a basic set of tender conditions and, finally, after the tender commission approves the basic conditions of the tender, publishes a tender announcement or sends a personal invitation to suppliers (contractors) to participate in the tender. An open tender announcement must be placed at least 30 banking days before the opening of the envelope and a second time 20 days before the opening of the envelope, in state newspapers and international media, as well as on the official website. The announcement of the two-stage tender should be published in state newspapers and international mass media, as well as on the official website at least 60 banking days before opening the envelope and at least 40 banking days for the second time. In addition to announcing an open tender, the procurement organization may send a personal invitation to suppliers (contractors) to participate in the tender.
Where should I pay taxes?
The place is indicated in the taxpayer’s tax notification, unless otherwise provided by the Tax Code of the Azerbaijan Republic, at the place of registration, if the Tax Code does not indicate where the tax is paid, the taxpayer can pay tax at the place of residence of the individual or at the location of the legal entity.
What documents are required to register with the tax authority?
The application is submitted by the taxpayer (with the exception of commercial legal entities, public legal entities, as well as representative offices and branches of a foreign commercial legal entity) for registration with the tax authority. Legal entities that are a taxpayer, their branches and representative offices, when submitting an application for registration to the tax authority, must provide a copy of the state registration certificate, charter (or regulation), appointment of the head and address of the legal entity, as well as a copy of the identity document of the head and location (address ) certified in the prescribed manner.
What is the liability for tax violation?
Taxpayers defined by the Tax Code of the Republic of Azerbaijan, tax agents and their representatives, as well as tax officials for violation of tax laws are liable in the manner prescribed by the Tax Code of the Republic of Azerbaijan, Code of Administrative Offenses of the Republic of Azerbaijan, Criminal Code of the Republic of Azerbaijan and other laws of the Republic of Azerbaijan. For violation of tax legislation, taxpayers and tax agents are subject to financial sanctions and interest established by the Tax Code of the Republic of Azerbaijan.
After the decision is made to hold the taxpayer liable for violation of tax legislation, the relevant tax authority in the manner established by the Tax Code of the Republic of Azerbaijan or in a court of law levies the financial sanctions imposed on the person, determined by this Tax Code of the Republic of Azerbaijan.
What is the procedure for appealing against decisions of tax authorities or actions of officials?
An appeal of decisions of tax authorities, as well as actions (inaction) of tax officials, shall be submitted to a higher tax authority (higher official) or to a court in the manner established by law. Filing a complaint to a higher tax authority (superior official) does not preclude filing a complaint to the court at the same time or later. A complaint against decisions of the tax authorities shall be brought by the taxpayer or other obligated person to a higher tax authority (higher official) within 3 months from the day when they learned or should have learned about the violation of their rights. If the taxpayer or other obliged person missed the appeal period for a good reason, this period can be restored by a higher tax authority or its official upon request of the complainant.
How is the company reorganized?
The reorganization of the company is carried out in accordance with the Civil Code of the Republic of Azerbaijan and other legislative acts. Reorganization (merger, accession, separation, separation, transformation) of a legal entity may be carried out by the decision of its founders (participants) or the authorized body of the legal entity. In cases stipulated by law, the separation or reorganization of a legal entity in the form of separation of one or more legal entities is carried out by court decision.
What is inheritance by law?
Inheritance by law - the transfer of property of the deceased to persons specified in the law. Inheritance by law takes effect if the testator does not give a will or testament is fully or partially invalid.
How to write a will?
A will is made in writing. A will certified in a notarial form must be drawn up by the testator. Where there is no notary public, the relevant executive authorities approve it.
What documents are needed to acquire a work permit?
To obtain a work permit, the employer must present the following documents:
- application form approved by the Cabinet of Ministers of the Republic of Azerbaijan;
- A copy of a passport or other travel document of a foreign citizen and a stateless person;
- a notarized copy of a document confirming that the foreign citizen and stateless person have the necessary professions to carry out the intended work;
- a certificate to justify the need to attract foreigners and stateless persons to the proposed workplace;
1. in the case of a legal entity - notarized copies of the charter and certificate of state registration of a legal entity;
2. in the case of an individual - notarized copies of an identity document of an individual and a certificate of registration of a taxpayer issued to an individual;
3. a certificate stating that a foreign citizen and a stateless person are not carriers of the disease virus (human immunodeficiency virus infection and hepatitis B and C) indicated in the list of dangerous infectious diseases approved by the relevant executive authority.
How can I get a work permit in the Republic of Azerbaijan?
The main conditions for foreign citizens and stateless persons when hiring for paid work in the Azerbaijan Republic are the availability of vacancies that are not applied by a citizen of the Azerbaijan Republic who has professional training or qualifications that meet the requirements of this workplace, as well as the inability of employers to meet the needs of employers labor at the expense of local labor resources.
How to apply for citizenship in Azerbaijan?
In order to obtain citizenship of the Azerbaijan Republic, foreign citizens and stateless persons apply to the State Migration Service of the Azerbaijan Republic with an application form, a sample of which is approved by the President of the Republic of Azerbaijan, addressed to the President of the Republic of Azerbaijan. This requires 4 photos 3x4 cm in size, a document on the payment of the state duty, a certificate from the Ministry of Education of the Azerbaijan Republic on knowledge of the state language, a copy of the certificate of permanent residence in the Republic of Azerbaijan or a copy of the refugee certificate issued to persons who have received refugee status, a copy of the passport or other travel document (with the exception of those who do not have these documents who have received refugee status), a document confirming the existence of a lawful source income nickname.
How do I register at the place of my residence?
Foreign citizens or stateless persons who wish to stay in the Republic of Azerbaijan for more than 15 days must be registered at their location.
For this, the owner of an apartment or other residential premises (“host in the country”) where a foreign citizen or stateless person lives, within 15 days from the moment a foreign citizen or stateless person arrives in the country, must provide the State Migration Service application form for registration of a person at the place of residence and a copy of his passport (other travel documents) (including the visa page and the page with the last entry into the country)
How is a real estate gift agreement prepared?
In case of donation of real estate or rights to these items, a donation agreement must be notarized. A deed of a gift must also be notarized for the donation of movable items that must be registered in official registries.
How to get a banking license?
A preliminary application for a banking license must be signed by all the founders of the bank or their authorized representative in a certain form, and signature (s) must be notarized. The initial application no less than 90 calendar days and no later than 180 calendar days with the participation of foreign founders, the final application within 30 calendar days is considered and a decision is made.
What is a warranty period?
Warranty period - this is the period during which goods are covered by the warranty obligations provided for in the relevant provisions. According to Art. 6 of the Law of the Republic of Azerbaijan "On Protection of Consumer Rights", the warranty period begins from the moment of delivery of the goods to the buyer, unless otherwise provided by the contract of sale. The warranty period is indicated in the warranty card, in the passport of the goods (work, service), in marking paper (on the label) or in another document attached to the goods (work, service).
What is the time period for the customer to file a claim?
The time interval is provided to the consumer for filing a lawsuit against the manufacturer (contractor) in case of defects. If the warranty period is not specified, the consumer can file a lawsuit against the manufacturer (contractor) within one year.
What is the seller responsible for?
According to Article 588 of the Civil Code of the Azerbaijan Republic, the Seller is liable for the defects of the product if the buyer proves that the defects of the product arose before its transfer to the buyer or for reasons arising up to this point.
How to get divorced?
When a couple has common minor children or the husband or wife disagrees with the divorce, the divorce has to go through the court of law. In the absence of common minor children, the marriage can be terminated by the State Registration of Acts of Civil Status (SRACS) on the basis of their joint application.
How can I take a child to another country without the permission of the father (mother)?
A citizen of the Republic of Azerbaijan who has not reached the age of majority may leave the country with the consent and concurrent approval of the parents or legal representative in notarial form or in the manner prescribed by law. If there is no consent of one of the parents, the issue of the departure of a minor citizen from the country is decided on the basis of a court decision.
What documents do I need to get divorced?
At the time of divorce, a copy of the marriage certificate, copies of the birth certificates of the children, a certificate of the amount of the salary and other sources of income of both spouses, a certificate of residence, a document confirming the payment of state duty and other necessary documents are attached to the statement of claim.
Where do I go to get divorced?
A person who wants to get a divorce submits a statement of claim and necessary documents to the court at the place of registration of the defendant. Unless there are minor children or when it is difficult for the plaintiff to come to the respondent’s place of residence due to health reasons, a lawsuit may be filed at the plaintiff’s place of residence.
How to receive alimony?
Alimony can be paid by agreement of the parties on the basis of an agreement, or by a court decision. Child support is one of the issues that the court decides when deciding on a divorce. A child support lawsuit may be filed with a divorce lawsuit. At this time, the case is considered as one trial.
How is property divided after a divorce?
Property acquired by spouses during the marriage is their common property. Note that deposits in the proper name of each of the parties in credit bureaus are considered to be their personal property and are not divided as common property. The common property of the spouses may be divided in accordance with their agreement. Such an agreement may be notarized at the request of the spouses. In the event of a dispute, the division of the common property of the spouses, as well as the determination of the share of the spouses in the property, are carried out in court.
How to adopt a child?
Adoption is carried out by the court on the basis of the application of a person who wants to adopt a child (children). The adoption procedure in court is carried out in a special manner prescribed by civil procedural legislation, with the participation of the relevant executive authority. The court must, within 3 days from the entry into force of the decision on adoption, send an extract on the decision of the court to the relevant executive authority.
Who can be the representative of the victim?
A lawyer who has a notarized power of attorney to represent the legitimate interests of the victim during the criminal process, as well as close relatives of the injured individual, as well as in accordance with laws, other legal acts or constituent documents of the legal entity, authorized persons of the injured legal entity, or employees in the proper manner authorized and the main place of business of which this legal entity is.
Do I have to testify against a close relative?
No. According to article 20 of the Code of Criminal Procedure, no one can be forced to testify against himself and his close relatives and cannot be subjected to any prosecution for this.
Is it a crime if our organization is denied registration for no reason?
Yes. According to Article 190.1 of the Criminal Code of the Republic of Azerbaijan, an unlawful refusal to register an individual entrepreneur or commercial organization, or evasion of their registration, an unlawful refusal to issue a special permit (license) to carry out certain activities, or to evade its issuance, restriction of the rights and legitimate interests of an individual entrepreneur or commercial organizations regardless of legal form or form of ownership, as well as limitation of an independent or any other unlawful interference in the activities of an individual entrepreneur or commercial organization, if these acts were committed by an official using his official position, shall be punishable by a fine in the amount of from two thousand to four thousand manats or by correctional labor for a term of up to one year.
When is the forensic examination done?
The decision of the person conducting the inquiry, investigator, prosecutor, judge or court ruling, as well as the appeal of the defense, if the criminal prosecution is carried out as a private prosecution, are considered grounds for a judicial examination. The body that appointed the forensic examination or the person to conduct the inquiry and issue an opinion shall provide the necessary items of inquiry and case materials to the forensic court.