New data in the Unified Federal Register of legally significant data about the facts of the activities of legal entities

Since October 1, 2016 legal entities are obliged to enter additional information about their activities to the Unified Federal Register of legally significant data about the facts of the activities of legal entities, individual entrepreneurs and other subjects of economic activities (Register). The duty to publish data is obligated by the Federal Law of July 3, 2016 №360-FL «On amendments to legislative acts of the Russian Federation».

Among such data is the following information:

• membership in the self-regulated organization;
• leasing and factoring agreements;
• independent guarantee issuing;
• execution upon property used in the production cycle;
• signs of insufficiency of assets for a company or an entrepreneur, according to the bankruptcy legislation;
• results of compulsory audit;
• financial and accounting statements

In this regard, it worth mentioning that , according to the paragraph 7 article 7.1 of the Federal Law of 08.08.2001 №129-FL (edit. of 03.07.2016) «On state registration of legal entities and individual entrepreneurs» (with amendments and additions came into force 01.09.2016), some information is obliged for compulsory publication in the above-mentioned register:

1) data placed by the registered body not later than 5 work days after placement of these data in the Unified State Register of Legal Entities (EGRUL):

• incorporation (which includes reorganization);
• a legal entity being in the process of reorganization or liquidation;
• upcoming and accomplished dismissal of a legal entity from the EGRUL and its liquidation;
• termination of the unitary enterprise, that property is sold by way of privatization or is invested in the authorized capital of the open join-stock company;
• decrease or increase of the authorized capital;
• appointment or termination of powers of the chief executive officer of a legal entity;
• change of address or location of a legal entity;

2) data placed by the legal entities and individual entrepreneurs during 3 work days beginning the date of the fact:

• net worth of joint-stock company or limited liabilities company on the closing date, in cases provided by the Federal Law of February 8, 1998 №14-FL «On Limited Liabilities Companies»;
• issue, suspension, revival of the license for the certain activities type, its reissuance, annulment or termination on other grounds;
• decision on the initiation of supervision made by the arbitration court;
• charge of movable property of a legal entity;

It is defined by the same Federal Law of 08.08.2001 №129-FL that the Unified Federal Register of legally significant data about the facts of the activities of legal entities is the federal information source formed by entering of the data provided by the legislation. The data contained in the Register are open and generally available (excluding the confidential data according to the legislation) and liable for online publishing.

Formation and maintenance of the Register made by an operator and regulated by the Order of the Ministry of economic development and trade of Russia of 05.04.2013 №178 «On adoption of formation and maintenance rules of the Unified Federal Register of legally significant data about the facts of the activities of legal entities and the Unified Federal Register of bankruptcy data and the List of data liable for including on the Unified Federal Register of bankruptcy data».

Procedure for holding a competitive tender for the Register operator is settled by the federal executive authority authorized by the Government of the RF and obliged to provide the possibility to participate for all subjects corresponding to the criteria regulated by that authority (in the edition of the Federal Laws of 29.12.2014 №457-FL, of 30.03.2015 №67-FL).

For the veracity and accuracy of data entering to the Register is responsible the body (entities) provided that data. Data publishing is on a paid basis.