New data in official registers

The Federal law of November 12, 2019 No. 377-FL adopted amendments to legislative acts relating to the entry of information into the Unified State Register of Legal Entities (EGRUL), the Unified State Register of Sole Entrepreneurs (EGRIP), the Unified Federal Register of Information on the Facts of the Activities of Legal Entities (Fedresurs).

From November 12, 2019, legal entities are obliged to disclose information in Fedresurs concerning sale and transfer of the company for rent, liquidation, reorganization and reduction of the amount of the authorized capital. At the same time, the state duty for publication of information is 860 RUB. In case of failure to disclose, there are penalties from 5 to 50 thousand RUB in accordance with Art. 14.25 of the Administrative Code of the Russian Federation. The information mentioned above can be published by notaries on behalf of legal entities.

In addition, state registration authorities are now obligated to enter the following information in Fedresurs:

• on establishment of legal entities,
• on reorganization and liquidation,
• on removal from the registry,
• on reduction of the authorized capital,
• on appointments and dismissals of the sole executive body,
• on unreliability of information,
• on change the location and address.

If such information is available in Fedresurs, third parties can no longer refer to their ignorance.

Starting April 1, 2020, the following information about individuals must be entered in Fedresurs: last name, name and patronymic, place of birth, country of residence, tax number (INN); and full and short name, INN and state registration number (OGRN) in relation to legal entities.

From the same date, legal entities on their own initiative can add in Fedresurs information about the guarantee, restrictions on rights under the agreement. It is possible to request an extract of information from Fedresurs.

From September 1, 2020, EGRUL will contain data on legal entities acting as the sole executive body. If several persons have the authority to act without a power of attorney on behalf of the company, relevant information will be given in relation to each of these individuals or legal entities, as well as information on joint or independent actions.

When making entries on removal of legal entities from EGRUL by decision of the registering authorities, the interested parties whose rights are affected by such a decision will be able to send the relevant applications to the registering authorities. Upon receipt of applications within 3 months from the date of publication of information, decisions on removal from EGRUL cannot be taken.

From the same date, individuals cannot be registered as individual entrepreneurs if 1 year has not expired since the court made a decision to forcibly terminate their activities or 3 years have not expired since the day they were removed by decision of the registering authority.

Individual entrepreneurs shall be declared dissolved by decision of the registering authorities while meeting the following conditions:

• it’s been 15 months from the patent expiration date;
• it’s been 15 months from the date of submission of the latest reporting, information on calculations;
• outstanding debts and arrears of taxes and fees.

Decisions on the forthcoming removal from EGRUL are added to the register by the registering authorities within three business days. Individual entrepreneurs, their creditors and other persons whose interests are affected by the removal, are allowed to send appropriate statements within 1 month from the date of publication of the decision. Failing any, individual entrepreneurs are removed from the register.

Решения об исключении ИП из реестра могут быть обжалованы в течение 1 года с момента, когда заинтересованные стороны узнали или должны были узнать о нарушении этими решениями своих прав.

Decisions to remove the individual entrepreneur from the register may be appealed within 1 year from the moment the parties knew or supposed to know about the violation of their rights by these decisions.

The subscribers of the Information and Analytical System Globas have access to online and comprehensive monitoring of changes in information about legal entities and individual entrepreneurs in EGRUL, EGRIP and Fedresurs.