A legal address is the official address where a legal entity is registered and which is used for interaction with government authorities, counterparties, and other interested parties. The legal address is specified in the charter when an organization is created (except for model charters).
Important administrative and legal aspects depend on the legal address, including where documents will be sent, where inspections concerning the organization will be conducted, and in which region the organization will be registered. Mistakes or a careless approach in choosing a legal address can lead to refusal of registration, difficulties with tax authorities, or even risks of having the activity recognized as fictitious.
In this article, we will analyze how a legal address differs from an actual and mailing address, what requirements are imposed on its registration, what methods of obtaining it are possible, as well as what risks and nuances should be considered when using it.
What is meant by a legal address
The concept of “legal address” is not directly fixed in the rules for registering organizations in Belarus, but this term is widely used both in business practice and in a number of official documents.
A legal address is generally understood as the location of the permanently functioning executive body or head of the organization. It is this address that is entered in the Unified State Register of Legal Entities and Individual Entrepreneurs and is considered the official location of the company.
In practice, the legal address often coincides with the actual place of work of the organization — an office, administrative premise, or production site if there is no separate office. At the same time, warehouses, branches, and other facilities may be located at different addresses.
Using residential premises as a legal address is allowed only in limited cases — for example, for private unitary enterprises or farms.
The legal address is indicated in the organization’s charter, which is submitted when registering it (except for model charters). It is necessary to specify in detail the region, settlement, street, building and room number, as well as the specific office — if applicable.
Types of legal addresses
Choosing a legal address is an important step when registering a company. It affects not only the registration procedure but also the further organization of work, and interaction with government authorities, counterparties, and clients. In Belarus, the legal address may be formed based on different options — depending on the form of ownership, type of activity, and available resources.
1. Address based on the founder’s place of residence
This option is allowed for private unitary enterprises and is used by individuals.
2. Address in a rented premises
The most common way to choose a legal address is to conclude a lease agreement with the owner of a non-residential premises intended for use as an office or administrative site. This address is suitable for most business forms. Usually, before the registration of the company itself, a lease agreement is not signed. Instead, a letter of guarantee from the premises owner about the intention to provide it for use is submitted to the registering authority. After registration, the parties sign a full-fledged agreement.
3. Address at the location of the production facility
Companies that do not have a separate office may use the production premise as the legal address if the management of activities is concentrated there. This is allowed if the governing body is actually located on-site, not nominally. This approach is often used in manufacturing, logistics, and agriculture.
4. Address at the location of a rented coworking or business center
Some companies, especially in IT and services, rent workspaces in coworkings or business centers. In this case, companies may use the legal address of the rented office or provided by the lessor – the owner of the coworking. It is important, for the landlord to issue a guarantee letter.
Features of the legal address of a private unitary enterprise
A private unitary enterprise is a form of organization that can be established by a single founder. When the founder is an individual, registration of the enterprise at the founder’s permanent residence address is allowed.
This is possible if the residential premises belong to the founder by ownership rights. At the same time, it will be necessary to obtain written consent from all adult family members, other owners (if any), as well as members of their families. A mandatory condition is the actual residence of the owner at the specified address.
It should be noted that when using residential premises as the legal address of a private enterprise, utility services are most often paid at rates set for legal entities. In addition, if business activities are planned on the premises — producing goods, performing work, or providing services — it will be necessary to change its status from residential to non-residential.
How to specify the legal address for company registration
Information about the company’s location is indicated in the application submitted to the registering authority during the state registration of the company. The authority to which the application is sent is determined based on the territorial location of the premises chosen as the legal address.
Before state registration, the company is not entitled to conclude a lease agreement or purchase premises. Therefore, to complete registration, it is required to provide the registering authority with a guarantee letter from the real estate owner where the legal address is planned to be located. This address is also indicated in the company’s charter (except for the model charter).
The application for state registration must include the following data:
- postal code.
- Region, district, rural council (if applicable).
- Name of the locality.
- Name of the street, lane, avenue, or another addressing unit.
- House number, building (if available).
- Type of premises (office, apartment, room) and its number.
- Status of the premises — residential or non-residential.
After registration is completed, the registering authority sends information about the legal address to the Unified State Register of Legal Entities and Individual Entrepreneurs, as well as to the tax authorities, Social Protection Fund (SPF), and Belgosstrakh. From that moment, the address indicated in the USR is considered official — the organization receives correspondence and other legally significant documents at this address.
What risks to consider when choosing a legal address
The legal address is not just a formality for business registration. It is the company’s official communication channel with the state, counterparties, and clients. An incorrectly chosen or unreliable address can lead to legal, tax, and organizational consequences. Below are the main risks to consider when choosing a legal address.
1. Inaccessibility at the address
Government control bodies, counterparties, or clients have the right to send correspondence to the legal address. If letters are returned marked “addressee not found” or “not at the indicated address”, the company may face reputational risks, as well as formal claims from tax and other authorities. In some cases, this can be grounds for exclusion from the USR as an inactive legal entity.
2. Refusal by the premises owner
If the legal address is based on a guarantee letter or rented premises, there is a risk that the owner may refuse to renew the lease or revoke their consent. In this case, it will be necessary to promptly find a new address and inform the registering authority. Failure to confirm the legality of the address can complicate tax reporting or inspections.
3. Residential premises with restrictions
When registering a company at the owner’s place of residence, it is necessary to take into account the restrictions related to the use of residential premises for business activities. Without converting the premises to non-residential status, disputes with utilities, neighbors, and administrative bodies are possible. In addition, payment of utility bills at organizational rates may be required.
4. Mass Legal Addresses
Using addresses where several dozen companies are registered (so-called “mass addresses”) may attract increased attention from tax authorities. Such addresses are often associated with fictitious activities and can complicate bank compliance checks, account openings, and cooperation with major contractors.
5. Technical Errors When Specifying the Address
Incorrectly specified postal codes, office numbers, or other details can lead to incorrect registration, document returns, or errors in the Unified State Register (USR). Such discrepancies will later require corrections and additional interaction with government agencies.
How to Correctly Choose a Legal Address
Choosing a legal address is an important organizational step that affects not only the successful registration of a company but also its reliable operation afterward. The address must comply with legal requirements, be legally confirmed, and be accessible for contact.
Here’s what to pay attention to when choosing:
1. Check the Legal Status of the Premises
Make sure the premises where the company will be registered have non-residential status. The use of residential premises is only allowed in certain cases (for example, for private unitary enterprises) and only when several conditions are met: ownership rights, consent of all interested parties, and actual residence.
2. Prepare Documents Correctly
Proof of rights to the premises will be required for registration. If you plan to rent the premises, a guarantee letter from the owner is sufficient. After registration, a lease agreement must be concluded. All documents must be correctly prepared, with accurate address details including postal code, room number, and purpose.
3. Take the Stability of the Address into Account
It is advisable to choose premises that will be available to the company for a long period. Frequent address changes require notifying the registering authority, tax authorities, and partners, as well as adjusting internal and external documents.
4. Avoid Disputed or Mass Addresses
The legal address should not raise doubts with controlling bodies and banks. Mass addresses or addresses where no management body is present may result in registration refusal, complications with account openings, or tax audits.
5. Consider Practical Aspects
The management body of the company should actually be located at the legal address, where correspondence is received, and some documentation is stored. This confirms the reality of the organization’s activities and simplifies interaction with government agencies.
If you are not sure whether the chosen address is suitable for company registration or how to properly prepare documents, contact the Ambylegal.by team.
Our lawyers will advise you on legal requirements, prepare the necessary documents, and, if needed, will fully handle the registration process and interaction with registering authorities.
Is It Necessary to Amend the Charter When Changing the Legal Address?
If a company changes the location of its office or other premises where the management body is situated, this does not require amending the charter.
However, the registering authority must be notified of the legal address change. This should be done within 10 working days of the move. Based on the notification, the authorized body will make corresponding changes in the Unified State Register.
The company’s legal address is usually mentioned not only in the charter but also in external communications — on the website, in contracts, commercial offers, job advertisements, promotional materials, as well as in employment and civil law agreements. Therefore, when changing the address, it is recommended to update the information in these sources and promptly inform your partners.
If you have questions about changing the legal address, we recommend consulting the lawyers on our team. We can prepare the necessary documents and, if needed, represent your interests in government agencies.
Conclusion
The legal address is not just a formal requirement when registering a company but an important element of its legal status and official communication with the state, counterparties, and clients. Errors in selecting or registering an address can lead to difficulties in registration, tax risks, and reputational damage.
To avoid misunderstandings, it is important to approach the choice of a legal address consciously: check the legal status of the premises, properly prepare the documents, and ensure the address complies with legal requirements.
The Ambylegal.by team is ready to support you at every stage — from consulting on address selection to preparing documents and representing your company’s interests in government bodies. We will accompany the registration of your business without unnecessary complications and ensure the legal integrity of all processes.
Contact us
If you have any questions related to a legal address in Belarus, we will be happy to help! Our long-term experience will help you choose a lawyer to represent your interests.
- +37529142-27-19 (WhatsApp, Viber, Telegram);
- info@ambylegal.by.
