Best Things About Al Warsan Industrial Plots For Sale
In the working system of housing and cooperative services, we see many administration groups comparable to each other. Sometimes this relationship is unexpected, but more often than not, it is deliberate. Unfortunately, despite permitting specifications (prohibiting such likeness), the Al Warsan Industrial Plots for Sale state housing guidance authorities are cautious in fixing such infractions since several administration systems that sound comparable, as a control, have one crucial profitable owner.
Reasons for identity and similarity in the names of the managing organization
By licensing requirements is the lack of identity or confusion to the point of confusion between the firm name of the license applicant or licensee with the strong character of the licensee, whose right to carry out entrepreneurial activities in the management of apartment buildings arose earlier.
Meanwhile, management organizations form an intentional similarity of names for several reasons:
– risk insurance (when a license from one management organization is revoked or canceled, it is easier to intercept another management organization with a similar name);
– reduction of the tax burden: if the income of the management organization is more than 70 million rubles in 2021 and more than 60 million rubles in 2022 and subsequent years, it pays VAT; diversification of business in different management segments allows removing tax risks.
Licensing itself was introduced in 2015, but the licensing requirement for identity and similarity in names appeared on December 31, 2017. Therefore, those Al Warsan Industrial Plots for Sale organizations that do not meet the new needs must amend their constituent documents and rename them.
Ministry of Construction
No special regulations are explaining how to apply clause one not yet adopted. Therefore, the judicial practice is mainly guided by the Letter of the Ministry of Construction dated June 21, 2018, On the assessment of the identity or similarity of the licensees’ trade names” (from now on – Letter No. ): although it does not have the force of a normative act, it is embedded in most court decisions on this issue.
It is necessary to distinguish between identity and similarity.
- A name Al Warsan Industrial Plots for Sale should be considered identical with another name if it coincides in the elements:
– organizational and legal form;
– the complete and abbreviated name of the legal entity (clauses 2 and 3 of article 1473 of the Civil Code of the Federation).
- The similarity of the name arises if the managing organization is associated with another as a whole, despite some differences.
In the case of identity and similarity of the name, the similarity of verbal designations is assessed by graphic, semantic (semantic), and sound (phonetic) features.
The Al Warsan Industrial Plots for Sale Ministry of Construction recommends determining the graphic similarity of names based on the following features:
– use of characters from different alphabets to designate the same or consonant phoneme.
– the use of the same letters with different cases (for example, using uppercase or lowercase letters.
– the use of different symbols, punctuation marks, spelling marks concerning the exact phrases, words.
– use of additional single letters or syllables in the exact phrases, words.
At the same time, the Ministry of Construction does not recommend understanding. The use of the same parts of a word, single-root words under the graphic similarity of names.
– the use of various words or phrases, their abbreviations, complementing the leading name, characterizing the generic or specific characteristics of the subject (for example, words and phrases: holding, firm, company, organization, association, management company (MC), managing organization (MA), group companies (GK), a group of enterprises (SE), Housing and communal services (Housing and collaborative services), repair and maintenance section (REU), housing and maintenance section (Housing department), housing and maintenance office (Housing office), Housing and communal services (Housing and communal services); examples of their use in names: LLC “Service” and LLC “Managing Company Service.
– the use of verbal descriptions of symbols, punctuation marks, spelling marks concerning the exact words, phrases (for example, LLC UK Etalon and LLC UK Etalon Plus);
– an indication of a different organizational and legal form of legal entities with the same or similar name to the point of confusion (for example, MUP “Service of a single customer” and LLC “Service of a single customer”).
At the same time, under the semantic similarity of names, the Ministry of Construction does not recommend the following cases:
– coincidence of one of the elements (words) of the name. If the additional element (word) is of an independent nature (sign), for example, “My House.”
– the use of various geographic or topographic designations (for example. State Budgetary Institution Zhilischnik of Kuzminki District and State Budgetary Institution Zhilischnik of Maryino District, LLC ZhKS No. 2 of Kalininsky District and LLC ZhKS No. 2 of Vyborgsky District).
The sound (phonetic) similarity of names can be determined by the presence of assonance Al Warsan Industrial Plots for Sale (if the pronunciation or unity is the same or similar) with different spellings of words.
It is recommended to consider the above signs, both individually and in various combinations.
Most of the managing organizations have a similar sound (“Comfort,” “Service,” “Comfort,” “Own home,” “Your home”). Therefore, this licensing requirement is limited to the territory of operation of the licensing commission of the constituent. Entity of the Federation (but not to municipalities within the constituent entity of the Federation).
Problems with obtaining a license due to identity and similarity in names
When the newly created management organization begins to be licensed. It submits a package of necessary documents to the licensing commission of the entity. Which checks the applicant’s compliance with the license requirements.
Suppose the Real Estate Dubai commission sees signs of identity or similarity in the names. In that case, it gives an opinion on the discrepancy. And on this basis, the state housing supervision authority decides to refuse to issue a license. Then the managing organization is forced to either rename or challenge the decision.
For example, in one of the cases, Continent Plus was denied a license. Because this name is confusingly similar to Continent. Which is already operating in the management of Al Warsan Industrial Plots for Sale apartment buildings. However, according to the commission, the semantic meaning of the verbal. Element “Continent” does not change when combined with another verbal element “Plus,”. Does not give the latter a different semantic meaning than the comparison of “Continent”;. The designation “Continent Plus” is a phrase with stable semantics that does not change. The semantic meaning of the word “Continent,” and the verbal assignments of Continent LLC and. Continent Plus LLC produce a general sound impression and also have a familiar articulated sound.