Changes in state registration procedure of legal entities

By the Federal Law as of 30.03.2015 N 67-FL “On introducing amendments to certain legislative acts of the RF in terms reliability of data filed under the state registration of legal entities and sole entrepreneurs” the amendments are inserted to the Criminal Code of the RF, Administrative Violations Code of RF, Fundamental Principles of the Legislation of the RF on the Notaries, Federal Laws “On limited liabilities companies”, “On state registration of legal entities and sole entrepreneurs”.

The made adjustments will significantly influence on the day-to-day operations of business entities.

On the whole, the amendments are designed to tighten the control of the firms incorporated by dummy entities. It is referred to figure-head managers which occupy the position on paper only. They don’t take part in administration of the company. After the introduction of amendments, making any entries on dummy entities into Unified State Register of Legal Entities (EGRUL) is now criminally liable. Delivery and appropriation of documents for incorporation through a counterfeit is treated as a crime apart from comprehending the consequences of the further use of this legal entity.

The verification procedure of add-in or already contained in EGRUL data will be introduced starting January 1, 2016. Corresponding examination will be initiated by reasonable distrust of registration authority in its verification, including delivery of protests of concerned parties in reference to the future amendments registration. In such cases the termination of registration proceedings for less than 1 month is provided.

The general reason for abandon of registration will be failure to follow the procedure of liquidation or reorganization of legal entities or other statutory requirements, set by regulation of the RF for state registration.

Moreover the registration authority is authorized to make entries concerning unreliable data about legal entity by itself excluding notification of legal entity and performance of judicial act.

Change of legal address will put dishonest entrepreneurs to certain troubles. The registration of the new address will be carried out by the Federal Tax Service Inspection at the new place of company’s registration and upon prior notice. Introducing of changes in location of the legal entity will be possible in 20 days from the date of making corresponding entry in EGRUL. In such a case it will be necessary to represent the decision on change of legal entity location as well as documents giving right to use a real estate item situated at the new address.

From the moment of law coming into effect, i.e. from March 30, 2015 it is possible to make entry on liquidation into EGRUL only after 2 months from the moment of making entry on liquidation process beginning. It is forbidden to make state registration of company’s liquidation before termination of court case on the corresponding claim or before the moment of irreversible decision based on results of field tax inspection.

Besides, it became possible to prosecute administrative investigations against violation of state registration law. In addition, the period of limitation for the institution of proceedings is raised up to 1 year. The possibility to disqualify the violator for the term from 1 to 3 years for delivery of unreliable data to EGRUL or repeated failure to deliver the data is enacted by the Code of Administrative Procedure. Fine at the rate of RUB 5 to 10 thousand is charged for a single violation. Furthermore the shareholders (participants) of legal entities might be held administrative liable.

Customers of Information and Analytical System Globas-i® have an opportunity to control the changes concerning contactors, including their registration documents, with the help of «Monitoring service».