C. For the founders of foreign legal entities
- Statute bearing a stamp pursuant to Article 4 of the Hague Convention of 5 October 1961 (apostille) officially translated or, if the country of origin has not acceded to the above convention, endorsed by a consular authority.
- Certificate of Competent Authority of the country of residence of the legal entity for the existence of the company.
- A certified copy of the power of attorney for the appointment of a legal representative or representative in Greece.
- Συμπληρωμένα, από τον υπόχρεο, τα έντυπα «Δήλωση έναρξης/μεταβολής εργασιών μη Φυσικού Προσώπου» Μ3, και «Δήλωση Σχέσεων Φορολογούμενου» Μ7, προκειμένου να τους χορηγηθεί ΑΦΜ.
D. Other Documents:
- Provided that the process of setting up is by a representative, authorization of the founders, in accordance with paragraph 1 of article 3 of K1-802 / 2012 with the authenticity of their signature.
- If there has been a bank deposit of the amounts due for the incorporation of the company and its registration with GEMI, as defined in paragraph 1 of article 13 of K1-802 / 2012, the bank’s proof of deposit.
- Υπεύθυνη Δήλωση του άρθρου 8 του ν. 1599/86 για την έδρα της υπό σύσταση εταιρίας.
E. Forms completed under the responsibility of the person responsible for issuing a VAT tax to the company after its establishment.
- “Statement of commencement / change of operations of a non-natural person” M3
- Business Statement M6, where required
- “Taxpayer Relations Statement” M7
- “Statement of Non-Natural Members” M8, where required
The application forms are available in hard copy on the website of the Ministry of Finance’s General Information Systems Secretariat, which can also be accessed by the One Stop Shop founders.
SHOULD I TAKE YOUR PERSONALITY? CAN I REPRESENT A REPRESENTATIVE
Required documents, applications, statements of responsibility and other supporting documents shall be signed and submitted to the One Stop Shop by the founders of the company as set forth in its Articles of Association or by a representative thereof, provided it has a written authorization to do so signed by them ( model 1 of Annex I to K1-802 / 2012). This authorization shall also include the supply of additional information and the provision of clarifications to the One Stop Shop on request. In addition, authorization gives the delegate authority να δώσει εντολή προς την Υπηρεσία One Stop to search and obtain the data and certificates necessary to set up the company. The founders’ representative signs the required statutory applications and declarations and makes the necessary payments on behalf of and on behalf of the company and / or founders. Proof of payment shall be issued in the name of the person on whose behalf the payment was made.
This authorization does not include the signature of the act of incorporation by the founders or by having special notarial power of attorney.
DO I NEED A REPRESENTATIVE AND IF WE ARE PRESENT? WHY?
If all founders have come to One Stop Service, one of them shall be stated in writing as a representative (model 5 of Annex I of K1-802 / 2012) to whom the One Stop Service communicates, provided the supporting documents are defective or incomplete, or any clarification or additional information is required. The representative is required to submit the requested documents within the prescribed time limit and to provide the necessary clarifications.
WHAT ELSE WILL ONE STOP SERVICE REQUIRE FOR ME?
The founders of the company or their representative, by submitting the documents to the One Stop Shop, designate a bank account to which the amounts refunded should be deposited if the company is not fully established.
In addition, applicants for the incorporation and registration of the company at GEMI, or a third party authorized to do so, shall complete and submit to the One Stop Shop a written mandate and authority (model A of K1-1084 / 24-5-12) the One Stop Shop to take the necessary steps to set up the company in accordance with Law 3853/2010. The issuance of the order presupposes the consent of the founders of the company being formed to seek and obtain from the One Stop Shop the certificates and certificates necessary for the establishment of the company. This command includes and incorporates the following applications:
- Application for Pre-Audit of Brand and Trademark Title and Registration with the Chambe
- Application for Registration with the relevant Chamber and
- Application for Registration at GEMI
- Request for Granting a Tax Registration Number to the founders of the company they do not have and to the company after its establishment
- Request for a copy of the Tax Information of the Founders, if not provided
- Request to send a notice to the relevant insurance agencies on a case by case basis of the Private Capital Company and send the details of the partners and/or manager(s) to the relevant social security organizations where appropriate.
DO I NEED TO PAY ANYTHING?
Yes. At this stage, the Company Costing Line (70 €) is paid. If the founders are more than 3, the cost is increased by 5 euros for each additional founder.
The Company’s Cost Recommendation Secretariat is non-refundable.
WHAT ELSE CAN I REQUEST?
Regarding the name and / or distinctive title
The One Stop Shop, through the GEMI system, electronically checks and approves the use of the name and distinctive title of the company being formed (same day or no later than the next business day). Where the proposed name and distinctive title of the company being incorporated conflicts with an earlier registration, the One Stop Shop in consultation with the founders or the legal representative or an authorized third party shall make appropriate modifications to the application and its Articles of Association. , since this is a private document and has already been compiled.
WHAT HAPPENS IF THE DOCUMENTS ARE INCOMPLETE OR IMPROVED
The One Stop Shop (on the same day or at the latest on the following business day) checks the completeness of the above documents and, if they are not completed correctly; show deficiencies or inconsistencies or their details are not clear, stipulate two working days, and if justified by the circumstances of ten (10) business days, starting from the date of receipt (by fax or email) of the representative set up company of the relevant invitation to fill in these items. Successful sending of faxes or emails from the One Stop Shop in working days and hours presupposes receiving the relevant invitation from the customer. If the invitation has been dispatched on a non-working day and time, the next business day shall be considered the time of receipt of the relevant invitation.
WHAT WILL HAPPEN IF I DO NOT COMPLETE OR CORRECT THE DETAILS REQUIRED BY ONE STOP SERVICE AT THE TIME THAT I HAVE DONE?
The untimely expiry of the deadlines set by the One Stop Shop for additions or corrections shall entail the automatic termination of the constitution procedure and the release of the brand and distinctive title. Re-initiation of the registration process requires the submission of a new application and supporting documents, as well as the cost of setting up a company.
Are the deadlines set by my one-stop service binding?
Yes. For example, if the audit finds that there are tax liabilities on the faces of some of the founders and therefore no tax information can be provided, the One Stop Shop requests for that founder to settle the liabilities and to provide tax information within a specified time limit may exceed ten (10) business days. If the deadline expires, this will automatically lead to the termination of the constitution process and the release of the brand and the distinctive title. Re-initiation of the registration process requires the submission of a new application and supporting documents, as well as the cost of setting up a company.
DO I NEED TO REGISTER IN THE OAEE? WHAT DO I NEED TO REGISTER IN THE OAEE
The mandatory insurance of the OAEE includes: which were defined by the Articles of Association or by decision of the partners and the sole sole partner for PCs. The other IKE partners OPTIONALLY come under the insurance of the OAEE. The One Stop Shop sends a statement recommending the PCI to the relevant insurers on a case-by-case basis, as well as the details of the partners and the manager (s). You are therefore directed to the UAE for further action.
WHAT DO I NEED TO GET INFORMED TAX INFORMATION
One Stop Shop ensures that tax information is provided to each of the founders of a company that is set up.
However, if one of the founders is not tax aware, the One Stop Shop shall set a time limit of up to ten (10) business days within which any tax liabilities are settled and tax information provided by the taxpayer.
WHAT DO I NEED TO GIVE TO THE FOUNDERS?
If the founder, national or foreign natural person or foreign legal entity does not have a Tax Identification Number (VAT), he or she shall complete and sign the following statements:
- In the case of a natural person, form “Tax Return Statement / Change of Individual Data” M1 and “Taxpayer Relationship Statement” M7, where required, which are sent by the One Stop Shop to the competent tax office, by fax or electronically.
- In the case of a foreign legal entity, the data of the forms “Statement of commencement / change of business of a non-natural person” M3, and “taxpayer relationship statement” M7 are registered and sent electronically to the Ministry of Finance.
The responsibility for the truthfulness of the information provided and for the correct completion of the forms is borne by the applicants. The original statements are recorded in the company file and may be forwarded to the relevant DOJ. originals or copies upon request.
WHEN IS A COMPANY CONSOLIDATED ACT
Once the previous procedures have been completed (pre-checking, pre-authorization, tax informing of the founders, issuing VAT IDs to the founders if required) and a company is required to be established by law or the parties agree to make a notary, , which acts as a One Stop Shop, draws up the notarial deed in the presence of their founders or their special representatives.
WHAT PAYMENTS ARE AT THIS STAGE?
At this stage you pay the following:
- Το τέλος καταχώρησης Γ.Ε.Μ.Η (10 ευρώ)
- The cost of registering with the Chamber, which is determined by each Chamber
- The Fee for the Athens Bar Provident Fund, which amounts to 5.80€
- Fee in favor of the Legal Fund, which amounts to 0.5% of the capital (capital contributions) if set up by private agreement.
WHEN IS THE COMPANY REGISTERED?
The One Stop Shop automatically registers the company data and its statute in the GEMI database, which assigns the GEMI number and returns it automatically electronically, as well as the Registration Code Number.
The above registration is announced electronically to the responsible GEMI office, with a notice compiled by the One Stop Shop.
WHEN DOES THE COMPANY GET OFF?
The One Stop Shop, after registering the company with GEMI, transmits electronically to the Ministry of Finance the information referred to in Article 8, paragraph 1 of Law 3853/2010 (90 A)
- the GEMI Code. and Registration Number
- the identification of the head office and other premises of the business (statement of responsibility for the business address) and
- the relevant forms submitted to the One Stop Shop by the applicant for the issue of VAT (), as well as the details of the Statement of Initiation / Change of Non-natural Work (Form M3), the Taxpayer Relationship Statement (form M7) ), the Statement of Members of a Non-Natural Person (Form M8), where applicable, and the Statement of Business Activities (Form M6), where applicable, for the issuance of VAT to the incorporated company. The VAT is directly assigned by the Ministry of Finance and is sent electronically to the One Stop Shop. The Declarations remain and are kept in the Company’s file at the relevant GEMI Office and may be forwarded in original or copies to the competent DOY. on request.
WHEN ARE THE PARTNERS / SHAREHOLDERS REGISTERED IN THE INSURANCE REGISTER
The One Stop Shop, after registering the company at GEMI, sends to the relevant OAEE Regional Department a notice of incorporation and the details of its partners and managers to their respective social security organizations for further action. We note here that mandatory insurance of the UAE is subject to insurance:
- the managers of the Private Equity Company appointed by the Articles of Association or by decision of the partners, and
- the sole partner of a one-person Private Equity Company.
The other Private Equity Partners are optionally subject to UAE insurance (see par. 2 of article 1 and par. 1 of article 3 of Presidential Decree 258/2005 as amended by par. 9 of article 116 of law 4072/2012 ).
WHEN IS THE COMPANY REGISTERED IN THE HOME CHAMBER?
The One Stop Shop, after registering the company at GEMI, sends a request for registration of the company electronically or by fax to the Registries of the competent chamber (model 5 of Annex III of K1-802 / 2012). On the same day or at the latest on the following business day, the Chamber sends a registration certificate to the relevant Registries electronically, automated or by e-mail, or by fax to the One Stop Shop.
WHAT OTHER ACTIONS DOES ONE STOP SERVICE DO?
Since One Stop Shop is a notary or GEMI service. other than that which is responsible for keeping the register of the incorporated company, draws up a notice on the establishment of PCE. and sends it electronically, by e-mail or by fax to the GEMI Registrar. (see model D).
2) Registers the newly established company VAT number at GEMI.
WHEN IS THE COMPANY ESTABLISHMENT COMPLETED?
The process of setting up the company is completed at this stage.
Further actions
Upon completion of the process of setting up the company, the One Stop Shop gives a free certificate stating the actions they took and the result they had. In particular, the certificate shall at least indicate: the date of incorporation of the company, its corporate form, its name and distinctive title, the GEMI number and Registration Code, the company’s VAT number and the relevant JHA and registration of the company in the relevant registries of the Chamber.
Subsequently, the One Stop Shop, if a notary, transmits the complete physical file within 15 working days of the establishment to the competent GEMI location based on the company’s registered office. The physical file to be transmitted shall consist of a simple copy of the articles of association and the documents annexed thereto and the original of the other documents and statements.
HOW CAN I HAVE ELECTRONIC ACCESS TO MY DOCUMENTS DATA?
Access to the dossier data via the GEMI website is possible using the one-time password and password provided by the One Stop Services upon request and the payment of the relevant annual fee. 15 euros. In the case of a legal person, the codes are issued in the name of its legal representative. These codes only allow access to the folder corresponding to a specific GEM number. With these codes, the obliged parties can request and receive electronic copies of the contents of the file (at a cost of € 5 per copy), as well as certificates and certificates (at a cost of € 3 each).
Alternatively, the code number and access number may be sent by the GEMI Central Office to the legal representative of the company at the head office of the company within fifteen (15) days of the registration in GEMI. In this case, the codes must be dispatched in a way that ensures that they are delivered to the legitimate recipient and that the codes are kept confidential. The Licensee is responsible for the secrecy of the codes and their use by the collector.
