Federal Law of 03 July 2016 No. 360 FZ “On Amendments to Certain Legislative Acts of the Russian Federation” introduced amendments inter alia into the Federal law of 8 August 2001 No. 129-FZ “On State Registration of Legal Entities and Sole Entrepreneurs” (hereinafter - the “Law”). The amendments comprise establishment of the Unified Federal Register of Information about Facts of Activities of Legal Entities (hereinafter - the “Register”)1. The Register supplemented the existing Unified State Register of Legal Entities and Sole entrepreneurs (hereinafter - the “EGRUL”).
According to the Law the following information has to be published in Register by the legal entity:
Federal tax authority undertakes to introduce other information in the Register. Such information includes:
The information shall be published in the Register within three working days starting from the date, when the legal entity discovered the relevant facts4.
Since 01.10.2016 amendments were also introduced to the Federal Law dated 29.10.1998 No. 164-FZ “On Financial Rental (Leasing)”, according to which the lessor shall post messages in Register on conclusion of each lease contract. The requirements on the mandatory publication of reports of the lessor on the lease agreement apply to agreements concluded since 01.10.2016.
The legal entity shall disclose information on imposed bankruptcy proceedings, namely: information about the introduction of supervision, external control, on adjudication of bankruptcy of the debtor and the opening of bankruptcy proceedings, which are included in the Unified Federal Register on Bankruptcy Information and published in the official gazette. Such Unified Federal Register on Bankruptcy is an integral part of the Register.
Publishing information in the Register is performed on a paid basis, and the applicable fee amounts to 805 (eight hundred and five) rubles for any publication. Monthly subscription fee of 11 800 (eleven thousand eight hundred) rubles is also applicable in respect of specific groups of publications, i.e. on entering into lease agreement, conclusion by the financial agent of the financing contract under assignment of claims, issuance of independent guarantee.
Non-publishing or untimely publishing of information in the Register entail administrative liability provided in article 14.25 of the Code of Administrative Offences (hereinafter - the “Administrative Code”):
For repeated violation, administrative fine for officials increases up to fifty thousand rubles or leads to the disqualification for a period of one to three years.
There is also criminal liability, established in Article 170.1 of the Criminal Code of the Russian Federation, relating to the failure to publish information about:
For submitting to the registering authority or organizations, registering rights to securities, of documents containing false data, for the purposes of their entering in the EGRUL, in the register of securities’ holders or in the depository account established criminal liability provides:
It should be stressed that obligations of legal entities on entering data into the Register are cover situations, which occurred starting from 01.10.2016.
231 December of the current financial year
3Letter of Bank of Russia dated 26.09.2016 No. 41-2-8/1330
4p. 3.1 Order of the Ministry of Economic Development of Russia dated 05.04.2013 No. 178 “On approval of the formation and maintenance of the Unified Federal Register of information about the facts of legal entities and the Unified Federal Register of information about bankruptcy and the list of information to be included in the Unified Federal Register of information about bankruptcy”
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