The Bank of Russia’s Letter on Dividend Policy Was Published
The Procedure for Carrying Out Deals with Companies of Strategic Importance May Be Changed
On 16 February 2024, a draft law No. 554499-8 “On Amending Article 10 of the Federal Law ‘On the Procedure for Foreign Investments in Business Entities of Strategic Importance for Ensuring National Defense and State Security’” (the “Draft Law”) was submitted to the State Duma of the Russian Federation. The Draft Law provides for assessment of the economic and social consequences of foreign investments in Russian business entities of strategic importance.
Exemptions for Intergroup Deals and Other Amendments to the Rules for Obtaining Permissions for Deals with “Unfriendly” Shareholders of Russian Companies
Resolution of the Government of the Russian Federation No. 295 dated 6 March 2022, which establishes the general procedure for issuing permissions for deals prohibited by presidential decrees, was amended by Resolution of the Government of the Russian Federation No. 40 dated 22 January 2024 (“Resolution No. 40”).
The amendments concern the list of documents and information that should be submitted to the subcommission of the Government Commission for Control over Foreign Investments in the Russian Federation (“Commission”) to obtain permission for deals with securities (shares, contributions) of Russian legal entities.
The Central Bank of the Russian Federation May be Authorized to Restrict the Granting of Risky Mortgage Loans
On 24 January 2024, the State Duma Committee for the Financial Market proposed to adopt for consideration Draft law № 531412-8 “On Amending Article 45-6 of the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)"” (hereinafter - the “Draft law”).
The authors of the Draft law were a group of senators and deputies led by Anatoly Aksakov, Chairman of the State Duma Committee on the Financial Market.
The Draft law proposes to authorize the Bank of Russia to limit the share of loans secured by a pledge of buildings, structures, land plots, construction in progress, residential and non-residential premises and parts of buildings or structures (parking spaces) intended to accommodate vehicles.
The Draft Law on Consumer Market Researchers Was Adopted in the First Reading
On 16 January 2024 the State Duma adopted in the first reading the draft law No. 412669-8 “On Amendments to Chapter 4 of the Federal Law “On the Basics of State Regulation of Trade Activities in the Russian Federation” (“Draft law”). The Draft law proposes to introduce a number of changes to the regulation of companies engaged in consumer market research, provided they receive revenue in the amount of more than 30 million rubles per year.
Encumbrances on Assets in Special Accounts of Type “C” and Type “I” Are Prohibited
On 3 January 2024 a new Presidential decree No. 8 (“Decree No. 8”), which supplements Presidential decrees No. 95 dated 5 March 2022 and No. 665 dated 9 September 2023 regarding the regulation of special accounts of type “C” and type “I”, entered into force.
Restrictions On Certain Types of Deals With “Unfriendly” Persons Have Been Extended
On 18 December 2023 the President of the Russian Federation issued decree No. 958 “On Amendments to Certain Decrees of the President of the Russian Federation”, according to which restrictions on certain types of deals with persons from “unfriendly” countries were extended.
Decree On “Exchange of Blocked Assets” and Other Updates for Deals With Foreign Securities Has Been Signed
Over the past two years, the number of arbitration disputes on the recovery of unjust enrichment from foreign IT-companies has increased significantly. For the period from 2022 to 2023, according to the Arbitration Case File, dozens of claims were filed by Russian legal entities against the largest foreign software manufacturers: IBM Eastern Europe/Asia LLC, Dell LLC, Hewlett Packard Enterprise LLC, and HP Inc LLC.
Changes of Control Criteria on EU Regulation
On October 23, 2023, the European Commission issued updated Consolidated FAQs on the implementation of Council Regulation No 833/2014 and Council Regulation No 269/2014 regarding the definition of criteria for control of companies.