In 2023, the amendments to the legislation, significantly affecting the Russian business, will come into force. First of all, these amendments are caused by the sanctions pressure and the desire of regulators to ensure stability in all sectors of the economy. The measures, in particular, will affect the taxation, procurement, control and supervision activities, and licensing.
Sanctions compliance is also firmly established in the activities of Russian companies: corporate rules and regulations are being introduced into business processes to help reduce the risk of violating sanctions restrictions. Large-scale sanctions, the recognition of states as "unfriendly", the complication of the structure of settlements with foreign partners - all these force business owners to explore new markets. There is a global reorientation towards the East and the Near Abroad. At the same time, there is a growing need for check of foreign partners before concluding international contracts.
Understanding the needs of the business, Credinform experts have developed a unified assessment of cooperation risks for reports on foreign companies, which takes into account such important facts as status, field of activity, financial condition, inclusion in the sanctions lists and more. You can check a foreign partner for possible risks by sending a request on office@credinform.ru or order a report in Globas.
Moratorium on inspections continues
The mode of canceling scheduled business inspections will be extended to 2023 (Government of the Russian Federation of October 1, 2022 No. 1743). The exemption applies to organizations the facilities of which are classified as of moderate, medium and significant risk, however, this moratorium does not apply to tax audits: they will be carried out in accordance with the approved plan.
In addition, if there is a threat to the life or health of citizens, they can be unscheduled inspected, and, at the request of the business owner, be the subject to a preventive visit. The main difference between a visit and an inspection is that for visit there are no fines or punishments based on the results of such a measure. The main purpose of such measures is to prevent the commission of offenses.
Information on the results of inspections can show how the company meets certain requirements in the course of business activities. You can analyze the results of scheduled and unscheduled inspections, as well as preventive measures in Globas, where the relevant information will be displayed, if violations were detected or warnings were announced.
Restriction on disclosure of "sensitive" information
The Government of the Russian Federation has extended for six months the effect of the regulation on protecting companies from sanctions pressure: companies will still have a right not to disclose annual and interim consolidated financial statements, as well as audit reports and explanatory notes (Decree of the Government of the Russian Federation dated December 8, 2022 No. 2249). Previously, the rule was limited to December 31, 2022.
Also, until July 1, 2023, the right of banks not to disclose corporate information that is sensitive to sanctions risk is extended. (Decision of the Board of Directors of the Bank of Russia dated December 23, 2022). Such information includes: reorganization of the company, shareholding structure, management, controlling persons, significant facts affecting financial and economic activities.
All information containing in Globas fully corresponds to the information that is open for publication by official resources. The publication of hidden data is a direct violation of the legislation of the Russian Federation and entails the imposition of an administrative fine.
Conflict of interest is not of interest
Conflict of interest in procurement arises when self-interest prevents a tender from being conducted in good faith and transparency.
From January 1, 2023, the requirements for procurement participants in terms of conflicts of interest are expanding (Federal Law dated June 11, 2022 No. 160-FZ). The amendments specify that the representatives of the customer, as well as their relatives, are prohibited from being:
- tender participants, including as an individual entrepreneur or self-employed person;
- shareholders or executives of the supplier;
- beneficiaries of the procurement participant owning more than 10% of the shares or stakes of the company.
To assess the possibility of a conflict of interest at the initial stage of the procurement, you can use Globas, the possibilities of which make it possible to compile a dossier on each of the applicants, including information on the composition of the shareholders and executives.
The functionality of Globas User Lists allows to identify direct and indirect connections with employees, and the Links tool allows to build a chain of affiliation to the ultimate beneficiary.
New terms for the publication of open data by the Federal Tax Service
The Tax Service has adjusted the procedure for posting public data on companies on its official website (Order of the Federal Tax Service of Russia dated September 13, 2022 No. ED-7-14/830@).
Starting April 1, 2023, no later than the 25th of every month, data on the amounts of debts in payment of taxes, fees and insurance premiums as of the first day of the month of placement will be published. Information on special tax regimes will also be posted at the same time. Previously, information on arrears and debts on penalties and fines was published once on December 1 of each year, and tax regimes - on August 1.
Data on the average number of employees of the company for the calendar year will be published on April 1, 2023, then every month, on the 25th. A set of open data on the amounts of income and expenses for the year will be prepared by May 1, but in the future it will also be published monthly, the publication date is the 25th.
The terms for publishing information about participation in a consolidated group of taxpayers and about tax offenses will remain the same. They will also be placed on August 1 and December 1, respectively.
As the Federal Tax Service publishes open data, they will be added to Globas, so that you do not miss essential information and always know whether the counterparty is meeting its tax obligations.
Globas
Check of counterparties in Russia and around the globe
Globas helps to analyze business partners, removes routine work from specialists conducting checks, and uses only reliable and official sources of information.