Legal opinions of courts concerning record on unreliability of data, on closing of bankruptcy proceedings, on name with using the word «state» come to conclusions on justification of operations of the Federal Tax Service inspections on refusal of state registration or making an entry on termination of activity. However, the Constitutional Court of the Russian Federation considered illegal the striking-off of the garage cooperative as an inactive legal entity from the Unified State Register of Legal Entities (EGRUL).
- a conclusion on availability of arguments for refusal of state registration of the legal entity is considered correct by the court, when EGRUL contained a record on unreliability of data and reliable data wasn’t presented. It relates to the data on its management company, whose CEO acted as an applicant while registration;
- law violations were not found, while making an entry on termination of activity based on a court decision on closing of bankruptcy proceedings;
- the court determined that the name of company having the word «state», stated in the documents, presented for registration, doesn’t meet the requirements of the article 1473 of the Civil Code of Russia. This name may deceive the potential customers on content and quality of the offered services and relation of this company to government authorities.
At the same time, the Constitutional Court of Russia addressed the matters on the striking-off of the garage cooperative as an inactive legal entity from EGRUL.
The Resolution of the Constitutional Court of Russia as of 02.12.2021 №51-P declared that the inter-related provisions of paragraphs 1-4 of the article 21.1 and paragraph 7 of the article 22 of the Federal law «On State Registration of Legal Entities and Sole Entrepreneurs» do not correspond with the Constitution of Russia. According to the judicial interpretation, the mentioned regulations make it impossible to consider the specific features of this certain type of legal entity as citizen groups, intended to provide them with the possibility to use the property for the personal purposes without taking part in the civil transactions, carrying out non-profit activities and professional management of company. It happens when they are used in order to recognize garage construction co-operatives inactive and remove them from EGRUL just on the ground of such formal matters as absence of the bank account transactions and failure to present obligatory reports.
According to the Information and Analytical system Globas as of 14.12.2021, there are 335 garage construction co-operatives, in relation to which the decision about forthcoming striking-off of the inactive legal entity from the EGRUL was made. Totally, more than 4 thousand garage construction co-operatives have already been removed from EGRUL for this reason.
Dear Users, dear Friends!
Following the tradition, we sum up the RESULTS of 2021 and share our plans with you.
During 2021, we worked at Globas services, taking into account the main development trends, as well as negative factors affecting the economy.
Every day we were by your side, released 50 updated versions of Globas, held 70 webinars, and participated in online events.
In this Newsletter, we would like to remind you of the main tools and sources implemented in Globas in 2021.
NEW TOOLS AND FUNCTIONS
- Persons check
We have created a service for online gathering and analysis of information about an applicant, employee or business partner from verified official sources: validity of a passport and tax number (INN), debts, bankruptcy, ban on entrepreneurial activity and much more.
- Functions to prepare AML / CFT reports and compliance
Reports help create a reliable risk management system that will reduce the likelihood of claims from regulators. All checking criteria comply with the requirements of the Federal Tax Service, AML / CFT (Anti-Money Laundering and Terrorist Financing) legislation, 115-FL Federal Law, letters of the Central Bank and Rosfinmonitoring.
We have improved the GLOBAS.API Service in order to accelerate the integration into user systems, quickly find the necessary information and expand the filter capabilities. We have also added new sections and statements for companies and persons.
In 2021, we added data from courts of general jurisdiction, patents, bankruptcy tenders to Globas. New lists have been added to Globas, the verification of which is regulated by the AML / CFT legislation, mandatory for compliance control and verification in accordance with 115-FL Federal Law.
2,3 million companies have submitted financial statements for 2020 to the Federal Tax Service of the Russian Federation. Despite the 5% increase in total revenue by the sectors of the economy, the 21% decrease in net profit was recorded, showing a record drop compared to the results of 2008. In January 2022, we expect to obtain the information from the annual financial statements for 2021.
In 2022, we will continue to work on data, develop functions and new Globas tools. We plan to update the structure of the company’s report, a module for a deep check on sanctions lists, additional features of the link map, the Reports section and other improvements to Globas, taking into account changes in legislation, disclosure of new sources and your wishes!
Follow the news and participate in our webinars!
Information agency Credinform wishes you a Happy New Year 2022! We wish you well-being, health, success, reliable partners and profitable deals!