Herald
What does 2023 hold for business?
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Photo: smarterpix.com
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

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.

Herald
New company profile in Globas: quick assessment of cooperation risks
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Photo: Unsplash.com
Choosing a counterparty is one of the business risks for any organization. Entering into contract with an unreliable organization can threaten financial losses, fines from the tax service, refusal to refund VAT and other troubles. In order to avoid negative consequences, it is necessary to check all companies with which contracts are concluded.
It is necessary to check the entire pool of incoming applications in a short time, identifying unreliable partners at the initial stage of acquaintance with them. Such express check can be provided only if there is a clear procedure for the analysis and a convenient tool for the rapid identification of risk factors.
Understanding the tasks of Globas users, daily solving the issues of checking business partners, the experts of the Information Agency Credinform have developed a new structure of the company profile, based on knowledge of sources' features and expert experience.
All the main information about the company is collected in a convenient dashboard, where statistical data, risk factors and infographic elements are presented. End-to-end navigation in blocks, instantly transfers to detailed information on the section of interest. Such data placement allows you to quickly navigate a large amount of information and make decisions about cooperation.
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Types of risks when interacting with counterparties

Interacting with business partners, companies may face contractual, tax and reputational risks. The main task of Globas is to help the users to identify such risks quickly.
Tax risks. The Federal Tax Service requires businesses to confirm commercial due diligence when concluding transactions (Letter No. BV-4-7/3060@ of the Federal Tax Service of Russia dated 10.03.2021). If the company does not check the counterparty, thereby not showing commercial due diligence, there is a risk of falling under tax sanctions, and these are additional taxes, refusal of tax deduction, fines and inspections.
Reputational risks. Lost profits, loss of customers and partners due to a negative attitude towards the company. Such risks are dangerous by reducing the level of trust in the organization, which spoils its business reputation.

Сriteria of unreliability

When choosing business partners to conclude a transaction, it is necessary to focus on a set of criteria that determine dubious counterparties. Part of these criteria is determined by the Federal Tax Service (Order of the Federal Tax Service of Russia dated 30.05.2007 N MM-3-06/333@). Let's take a look at the main signs of unreliable companies and ways to identify them using the new functionality of the company profile in Globas.
1. Liquidation, reorganization and bankruptcy
As long as the organization is not excluded from the Unified State Register of Legal Entities, it has the right to carry out business activities. However, cooperation with a counterparty in liquidation, reorganization or bankruptcy may entail negative consequences. Firstly, there are no guarantees that the counterparty will be able to fulfill its obligations before the ceasing operations. Secondly, the court may declare the transaction invalid, and the tax service may accuse of attempting of trying to obtain unjustified tax benefits.
In Globas: if the counterparty is in liquidation, reorganization or bankruptcy, information about this is displayed in the main block of the company profile. Additionally, the liquidation process's initial date, the form of reorganization and the stage of bankruptcy are shown.
2. The discrepancy between the tax burden and the industry average values
A low tax burden is one of the criteria by which the Federal Tax Service can include a company in the plan of on–site tax audits.
In Globas: the actual values of the company's tax burden are compared with the average industry data of the Federal Tax Service. If the figure does not match the indicator for its industry, the deviation is displayed with a color indicator. The "Taxes and Fees" section displays the conclusion, information about paid taxes and fees , as well as arrears. The information will help to estimate the volume of payments made to the budget, and to check whether the company fulfills its tax obligations.
3. Unprofitable activity
In order to minimize contractual risks, it is necessary to check the financial condition and the level of solvency of the counterparty in timely. For example, if a company has sustained losses for several years or expenses exceed revenues, this may indicate inefficient cash management, which, in the future, may lead to bankruptcy.
In Globas: for a quick assessment of the counterparty's solvency, key indicators of financial condition are displayed in the "Financial Indicators" section. Now, based on data on revenue, profit, assets, liabilities, total income and expenses, as well as having studied these indicators in dynamics, we can conclude whether the counterparty is financially stable or it is better to drop the cooperation.
4. Arbitration
The very fact of participation in a large number of trials does not indicate unreliability. The company can collect debts, defending itself from unfair charges or challenging fines. To analyze the information, it is necessary to understand cases and role the counterparty participates in.
In Globas: all arbitration cases are grouped by the party to the case: the defendant, the plaintiff, other. The "Arbitration proceedings" section provides an assessment of the level of the claim load, statistics and the amount of cases for each of the parties, as well as an interactive scale that shows the volume of cases and the result of their consideration.
5. Enforcement proceedings
The analysis of enforcement proceedings is an integral part of a comprehensive check of the counterparty. The check may reveal significant amounts of foreclosure or arrest of property, which affects its further activities and creates bankruptcy risks.
In Globas: the "Enforcement proceedings" section contain all important information for assessing the risk of cooperation: an indicator of the level of outstanding debt, statistics and the amount of writ of execution that remained for collection or have already been closed.
This is not a complete list of criteria necessary for analysis before concluding a transaction. In the updated company profile, you can view in one window the most important information about any company: data from EGRUL/EGRIP, arbitration, bankruptcy, debts, intellectual property, licenses, SRO, checking by sanctions lists and many other important sources.
Globas

Globas

Checking counterparties in Russia and worldwide

Globas helps to analyze business partners, removes routine work from specialists conducting checks, and uses only reliable and official sources of information.