"One-Stop Service" for Company Establishment

Συμβολαιογραφικές & Νομικές Υπηρεσίες

 

Procedure for the establishment of companies in accordance with Law 3583/2010:
As of the 4-4-2011 shall apply the provisions of Law 3853/2010 "Simplification of the procedures for establishing personal and capital companies" (GGI 90A/17-6-2010) and the procedure for establishing companies has been simplified and is accomplished through Notary Public, which with regard to this procedure are so called "One-Stop Services":

1. In order to establish a personal company (general or limited partnership company) by notary public deed, or of a capital company (limited liability company or societe anonyme), the parties proceed, before the "One-Stop Service", that is Notary Instruments entered in the Register of the General Commercial Register (G.E.MH.) that handle the entire establishment procedure electronically (by computer), with the following actions:
a)    The company's articles of association is filed, which must then be included in the format of the notary instrument.
b)    An order is submitted by the partners/ shareholders to the One-Stop Service for the registration of the company with the General Commercial Register (G.E.MH.).
c)    A power of attorney of the partners/ shareholders is submitted, by which they appoint their representative in order to be represented before the One-Stop Service, which also includes the request of the partners/ shareholders for the registration of the company name  with the familiar chamber and the registration of the Company with it as a member.
d)    The Single Cost Company Establishment Note is paid to the One-Stop Service.
e)    The lease agreement of the company's place of establishment or its ownership title deed or solemn statement on grant of such free of charge is to be submitted to the One-Stop Service validated by the D.O.Y.
f)    All of the necessary forms regarding the allocation of a company tax registration number are submitted to the One-Stop Service completed by an accountant and signed by the partners/ shareholders.
g)    Submission to the One-Stop Service of the social security clearance certificates by OAEE (Freelancers Social Security Organisation) and IKA (Social Security Foundation) for the partners / shareholders and for those members of the Board of Directors of Societe Anonyms participating in its capital with a percentage over 3%, in accordance with the instructions of the OSS, and the in the case that they are not registered with the respective Social Security Organisations, or they shall be registered for the first time by the OSS, or they shall submit a solemn statement on their non obligation for registration wit the respective Social Security Organisation, as the case may be.

2. The One-Stop Service, on the same date or at the latest in the next business day and after the completion of the actions described above, is required to:
a)    Proceed with the review of the registration application and the establishment agreement, regarding the legality of the applicant and the completeness of the details and documents submitted by such applicant.
b)    Proceed, through its access to the electronic files of G.E.MH., with a cross check of the name and the registration of the company with the competent Chamber and, when the proposed name conflicts with a previous entry, the One-Stop Service notifies the interested parties and, following consultation with them, proceeds with the amendment of the name.
c)    Proceed with the collection of the Single Cost Company Establishment Note, the fee for registration with G.E.MH., the fee for registration with the competent Chamber and the fee in favour of the Competition Committee (for Societe Anonyms), as well as with the issue of the relevant receipts.
d)    See to the allocation of a T.R.N. to the partners, where required, as well as the issue of the necessary certifications for social security and tax clearance that are required.
e)    See to the registration and entry of the company with the G.E.MH. Department as well as to the allocation of a G.E.MH. Number and Registration Code Number.
If from the review provisioned in case a' of paragraph 2, it is evidenced that the application, the documents produced or the establishment agreement fail to meet the conditions of the legislation laid down, the interested parties are invited, by fax or e-mail, to proceed in writing with the necessary clarifications, corrections or supplements within two (2) business days or, when justified by circumstances, within ten (10) business days from receiving the relevant notice. If the deadline of two (2) or ten (10) business days lapses idle or the details, despite their submission within the prescribed term, continue to fail to meet the conditions of the Law, the establishment of the company is not registered with the G.E.MH. and the Single Cost Company Establishment Note  that was paid is returned in whole or in part.