August 2, 2019 , Budgets of the subjects of the Federation. Interbudgetary relations The President of Russia signed the federal law developed by the Government aimed at improving the system of interbudgetary relations Federal Law of August 2, 2019 No. 307-FZ. The draft federal law was submitted to the State Duma by Government Decree No. 2288-r dated October 24, 2018. The federal law specifies the conditions and procedure for the distribution and provision of interbudgetary transfers. The provisions regulating the issues of granting subventions to the budgets of the constituent entities of the Federation from the federal budget, including in the form of a single subvention, are being clarified.
August 2, 2019 , Population policy The President of Russia signed the federal law developed by the Government on changing the procedure for establishing a monthly payment in connection with the birth or adoption of the first or second child Federal Law of August 2, 2019 No. 305-FZ. The draft federal law was submitted to the State Duma by Government Decree No. 1092-r dated May 28, 2019. The federal law changes the criterion of need, according to which citizens will be assigned a monthly payment in connection with the birth (adoption) of the first or second child. From January 1, 2020, families whose average per capita income does not exceed twice the subsistence level of the able-bodied population established in the subject of the Federation will be eligible to receive such a payment. In addition, such a monthly payment will be made to citizens until the child reaches the age of three.
August 2, 2019 , Circulation of medicines, medical devices and substances The President of Russia signed the Federal Law on Clarifying the Rules Concerning the Circulation of Medicinal Products for Veterinary Use Federal Law of August 2, 2019 No. 297-FZ. The federal law, in particular, gives the Rosselkhoznadzor the right to conduct a test purchase of drugs for veterinary use that are in circulation. The Ministry of Agriculture of Russia is vested with the authority to approve the procedure for prescribing medicinal products for veterinary use, approve the form of prescription forms for these medicinal products, and the procedure for their accounting and storage.
August 2, 2019 , Anti-terrorism security The President of Russia signed the Federal Law on changes in the legal regulation of transport security issues developed by the Government Federal Law of August 2, 2019 No. 270-FZ. The draft federal law was submitted to the State Duma by Government Decree No. 469-r dated March 21, 2015. The federal law, in particular, establishes that among the main tasks of ensuring transport security is the categorization of transport infrastructure facilities, as well as the assessment of the vulnerability of transport infrastructure facilities subject to categorization, and icebreaking ships used for escort along sea routes, ships in respect of which the rules of merchant shipping and the requirements in the field of protection of ships and port facilities established by international treaties are applied.
August 2, 2019 , General issues of industrial policy The President of Russia signed the federal laws developed by the Government on improving the mechanism of special investment contracts Federal Laws of August 2, 2019 No. 290-FZ, No. 269-FZ. Draft federal laws were submitted to the State Duma by Government Decrees No. 722-r, No. 723-r dated April 13, 2019. In order to develop high-tech production and improve the mechanism for concluding a SPIC, the requirements for the contract and its parties, the subject and content, the procedure for concluding, amending, terminating and terminating the contract are specified. For taxpayers participating in a SPIC, the corporate income tax rate payable to the federal budget is set at 0%.
August 2, 2019 , Taxes and non-tax payments. Financial reporting and audit The President of Russia signed the Federal Law on expanding the list of food products subject to VAT Federal Law of August 2, 2019 No. 268-FZ. The list of food products subject to value added tax when they are sold at a tax rate of 10% includes fruits and berries, including grapes.
August 2, 2019 , Land relations. cadastral system. Real estate. Appraisal activity The President of Russia signed the Federal Law on clarifying the procedure for registration of rights to garden houses and other real estate Federal Law of August 2, 2019 No. 267-FZ. Until March 1, 2021, it is allowed to carry out state cadastral registration or registration of rights to a residential or garden house created on a land plot intended for gardening, based only on a technical plan prepared in accordance with the declaration of the object drawn up by the owner of the land plot, and establishing the title a document for a land plot, if the applicant's right to a land plot on which this property is located is not registered in the Unified State Register of Real Estate.
August 2, 2019 , Monetary policy. Financial markets The President of Russia signed the Federal Law on clarifying the requirements for foreign payment systems Federal Law of August 2, 2019 No. 264-FZ. The federal law establishes requirements for foreign payment systems operating in Russia and for the rules of a foreign payment system, including a risk management system and information security requirements.
August 2, 2019 , Business environment. Development of competition The President of Russia signed the Federal Law on the legal regulation of the activities of investment platform operators Federal Law of August 2, 2019 No. 259-FZ. The federal law regulates relations arising in connection with investing and attracting investments using investment platforms, and also establishes the legal basis for the activities of operators of such platforms. At the same time, an investment platform is understood as an information system on the Internet, which is used to conclude investment agreements.
The President of Russia signed the Federal Law on Changes in Legislation in the Field of Energy Saving and Increasing Energy Efficiency Federal Law of July 26, 2019 No. 241-FZ. The federal law in relation to apartment buildings, the physical wear of the main structural elements of which exceeds 70% and which are not included in the regional program for the overhaul of common property, as well as in relation to houses included in the renovation program, excludes the requirements for mandatory accounting of produced, transmitted, consumed energy resources using metering devices. 1Overview of key legislative developments prepared as part of the Decade of Legal Awareness for Older Persons 2018
Amendments have been made to certain legislative acts of the Russian Federation on the appointment and payment of pensions
Federal Law No. 350-FZ dated October 3, 2018 “On Amendments to Certain Legislative Acts of the Russian Federation on the Issues of Assignment and Payment of Pensions”
The federal law provides for a gradual (from January 1, 2019) increase in the age at which an old-age insurance pension is granted. Women will retire at 60 and men at 65.
At the same time, mothers with many children will be given the right to retire earlier. Thus, women who have given birth and raised three children will receive pensions at the age of 57, women who have given birth and raised four children - at 56 years old, women who have given birth and raised five or more children, pensions will continue to be assigned at 50 years. The length of service for early retirement is also set: 37 years for women and 42 years for men.
The federal law establishes a new procedure for indexing insurance pensions (it is assumed that the size of pensions will be indexed above the inflation rate).
In addition, it provides for an increase in unemployment benefits for persons of pre-retirement age (that is, within five years before the age of entitlement to an old-age insurance pension, including early retirement). Allowances for this category of citizens will be paid for up to 12 months, and its maximum amount will be 11,280 rubles. per month.
The right to early retirement is provided - people who were supposed to retire in the next two years (in 2019 and 2020) will be able to apply for it six months earlier.
From January 1, 2019, the fixed payment to the insurance pension has been increased (by 25% percent) for pensioners with at least 30 years of experience in agriculture.
The federal law retains the right for citizens recognized as unemployed to early appointment of an old-age pension (two years before the age giving the right to receive such a pension, including ahead of schedule).
The federal law comes into force on January 1, 2019, with the exception of certain provisions that come into force on January 1, 2025.
Criminal liability has been introduced for unjustified refusal to hire or unjustified dismissal of persons who have reached the pre-retirement age
the federal law dated 03.10.2018 No. 352-FZ "On Amendments to the Criminal Code of the Russian Federation"
The Federal Law was adopted simultaneously with the Federal Law “On Amendments to Certain Legislative Acts of the Russian Federation Concerning the Appointment and Payment of Pensions”.
In connection with the change in the retirement age of citizens and in order to exclude cases of unreasonable refusal to hire or unjustified dismissal of persons who have reached the pre-retirement age, the Federal Law introduces criminal liability for such acts - a fine of up to 200 thousand rubles. or in the amount of the salary or other income of the convicted person for a period of up to 18 months or compulsory work up to 360 hours.
Pre-retirement age - a period of time up to five years before the appointment of a pension.
The federal law comes into force on October 14, 2018.
The working days spent on medical examination will be paid
Federal Law of October 3, 2018 No. 353-F3 "On Amendments to the Labor Code of the Russian Federation"
In accordance with the Federal Law, employees, when undergoing a medical examination, have the right to be released from work for one working day once every three years, while retaining their place of work (position) and average earnings, and employees who have not reached the age that gives them the right to assign a pension according to old age, including ahead of schedule, within five years before the onset of such age and employees who are recipients of an old-age or superannuation pension - for two working days once a year.
Days of release from work for medical examination are agreed with the employer.
On the ratification of the Social Security (Minimum Standards) Convention Ratification of the Social Security (Minimum Standards) Convention(Convention No. 102)
Federal Law No. 349-FZ of October 3, 2018 “On Ratification of the Convention on Minimum Standards for Social Security (Convention No. 102)”
The Federal Law ratified the Social Security Minimum Standards Convention (Convention No. 102), which is the fundamental document of international law in the field of social security.
Convention No. 102 establishes minimum standards for all major branches of social security. One of the key issues of the Convention is the rate of replacement of previous earnings by pensions. It provides that the coefficient of replacement of lost earnings by old-age labor pension should reach 40 percent.
The federal law should create additional guarantees for ensuring, protecting and exercising the pension rights of citizens, and also serve as a guide for further improvement of legal regulation and practical activities in the field of social security, including pensions, of citizens.
The Convention has its own control mechanism. The mechanism involves regular (once every five years) submission to the International Labor Office of reports on the fulfillment of the obligations assumed by the state when ratifying the Convention. At the same time, the fulfillment of these obligations will be assessed according to the methodology of the Convention itself.
Law of the Moscow Region dated09/25/2018 No. 153/2018-OZ"On Amendments to Certain Laws of the Moscow Region Regulating the Provision of Social Support Measures"
The law for the transitional period (from January 1, 2019 to December 31, 2023) establishes additional measures of social support for persons of pre-retirement age (women 55 years old, men 60 years old), similar to social support measures for pensioners, including those who are veterans of labor, veterans of military service and persons awarded with the badge "Honorary Donor of the USSR" or "Honorary Donor of Russia".
In addition, these categories of citizens are provided with additional measures of social support in the form of free travel on suburban railway transport (except for fast and high-speed trains of increased comfort on the social card of a resident of the Moscow Region.
Law of the Moscow Region dated September 25, 2018 No. 154/2018-OZ “On Amendments to Certain Laws of the Moscow Region Regulating the Provision of Social Support Measures to Certain Categories of Citizens Residing in the Moscow Region for Free Transportation in the City of Moscow”
The law establishes additional measures of social support for free travel in the city of Moscow on the Small Ring of the Moscow Railway for the following categories of citizens who have a place of residence in the Moscow Region:
1) persons who worked in the rear from June 22, 1941 to May 9, 1945 for at least six months, excluding the period of work in the temporarily occupied territories of the USSR, or who were awarded orders or medals of the USSR for selfless labor during the Great Patriotic War;
2) rehabilitated persons;
3) persons recognized as victims of political repressions;
4) parents, other legal representatives of disabled children under the age of 18;
5) children receiving a survivor's pension;
6) persons accompanying disabled people with I disability group, or disabled children under the age of 18;
7) children from large families;
8) persons awarded with the badge "Honorary Donor of the USSR" or "Honorary Donor of Russia";
9) one of the parents of a large family, which includes a child under the age of 7 years;
10) the legal representative of a child under the age of 7 from a large family.
The law entered into force on September 28, 2018 and applies to legal relations that arose from September 1, 2018.
Law of the Moscow Region dated August 28, 2018 No. 149/2018-OZ"On the provision of additional measures of social support for free travel on transport in the city of Moscow to persons who have reached the age of 60 years and older, who have a place of residence in the Moscow region"
The law regulates relations related to the provision of additional measures of social support for free travel in the city of Moscow by bus, tram, trolleybus, on the Moscow Metro and on the Small Ring of the Moscow Railway using the social card of a resident of the Moscow Region.
It has been established that additional measures of social support for travel are provided to citizens of the Russian Federation who have reached the age of 60 years and older and have a place of residence in the Moscow region.
The law came into force on September 1, 2018 and is valid until August 31, 2021.
State Duma
Federation Council
Article 1
Part Five of Article 11 of the Federal Law "On Banks and Banking Activity" (as amended by the Federal Law of February 3, 1996 N 17-FZ) (Bulletin of the Congress of People's Deputies of the RSFSR and the Supreme Soviet of the RSFSR, 1990, N 27, Article 357; Collection of Legislation Russian Federation, 1996, N 6, item 492; 1999, N 28, item 3469; 2001, N 26, item 2586; 2006, N 19, item 2061; 2007, N 1, item 9; 2009, N 9, article 1043) shall be stated as follows:
"Money raised cannot be used to form the authorized capital of a credit institution. Payment of the authorized capital of a credit institution when its authorized capital is increased by offsetting claims against a credit institution is not allowed. The Bank of Russia has the right to establish the procedure and criteria for assessing the financial position of the founders (members) of a credit institution .".
Article 2
Introduce the following amendments to part one of the Civil Code of the Russian Federation (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 1994, No. 32, Art. 3301; 1999, No. 28, Art. 3471; 2009, No. 1, Art. 20):
1) Paragraph 2 of Article 90 shall be stated as follows:
"2. It is not allowed to release a participant in a limited liability company from the obligation to pay a share in the authorized capital of the company.
Payment of the authorized capital of a limited liability company when increasing the authorized capital by offsetting claims against the company is allowed in cases provided for by the law on limited liability companies.
2) in Article 99:
a) point 2 shall be stated in the following wording:
"2. It is not allowed to release a shareholder from the obligation to pay for the company's shares.
Payment for additional shares placed by the company by offsetting claims against the company is allowed in cases provided for by the law on joint-stock companies.";
b) clause 4 shall be stated in the following wording:
"4. If, at the end of the second or each subsequent financial year, the value of the company's net assets is less than its authorized capital, the company is obliged to take the measures provided for by the law on joint-stock companies.";
3) the second sentence of paragraph 2 of Article 100 shall be deleted;
4) the second sentence of the second paragraph of clause 1 of Article 101 shall be stated as follows: "The rights of creditors in the event of a decrease in the authorized capital of a company or a decrease in the value of its net assets are determined by the law on joint-stock companies.".
Article 3
Include in the Federal Law of December 26, 1995 N 208-FZ "On Joint Stock Companies" (Collected Legislation of the Russian Federation, 1996, N 1, item 1; 2001, N 33, item 3423; 2003, N 9, item 805 ; 2006, N 31, item 3445) the following changes:
1) Article 30 shall be stated in the following wording:
"Article 30. Protection of the rights of creditors in the event of a decrease in the authorized capital of a company
1. Within three working days after the company makes a decision to reduce its authorized capital, it is obliged to report such a decision to the body that carries out state registration of legal entities, and twice with a frequency of once a month, place it in the media that publish data on state registration of legal entities, notification of a decrease in its authorized capital.
2. The notice of the decision to reduce the charter capital of the company and the notification of such a reduction shall indicate:
2) the amount of the authorized capital of the company and the amount by which it is reduced;
3) the method, procedure and conditions for reducing the authorized capital of the company;
4) a description of the procedure and conditions for the company's creditors to submit claims provided for in paragraph 3 of this article, indicating the address (location) of the permanent executive body of the company, additional addresses at which such claims can be filed, as well as ways of contacting the company (telephone numbers , faxes, e-mail addresses and other information).
3. The creditor of the company, if its rights of claim arose before the publication of a notice of a decrease in the authorized capital of the company, no later than 30 days from the date of the last publication of such notice, has the right to demand from the company early performance of the relevant obligation, and if it is impossible to fulfill it ahead of schedule, termination of the obligation and compensation for related with this loss. The limitation period for applying to the court with this requirement is six months from the date of the last publication of a notice of a decrease in the authorized capital of the company.
4. The court has the right to refuse to satisfy the claim provided for in paragraph 3 of this article, if the company proves that:
1) as a result of a decrease in its authorized capital, the rights of creditors are not violated;
2) the first paragraph of paragraph 2 of Article 34 shall be stated as follows:
"2. Payment for shares distributed among the founders of the company upon its establishment, additional shares placed by subscription may be made in money, securities, other things or property rights or other rights having a monetary value. Payment for additional shares by offsetting monetary claims against the company allowed in the event of their placement through a closed subscription. The form of payment for the company's shares upon its establishment is determined by the agreement on the creation of the company, additional shares - by the decision on their placement. Payment for other issue-grade securities can only be made in cash. ";
3) in Article 35:
a) point 4 shall be stated in the following wording:
"4. If at the end of the second financial year or each subsequent financial year the value of the company's net assets turns out to be less than its authorized capital, the board of directors (supervisory board) of the company, when preparing for the annual general meeting of shareholders, must include in the company's annual report a section on the state of its net assets.";
b) clause 5 shall be stated in the following wording:
"5. The section on the state of the company's net assets must contain:
1) indicators characterizing the dynamics of changes in the value of net assets and authorized capital of the company for the last three completed financial years, including the reporting year, or, if the company exists for less than three years, for each completed financial year;
2) the results of an analysis of the reasons and factors that, in the opinion of the board of directors (supervisory board) of the company, led to the fact that the value of the company's net assets turned out to be less than its authorized capital;
3) a list of measures to bring the value of the company's net assets in line with the amount of its authorized capital.";
c) clause 6 shall be stated in the following wording:
"6. If the value of the company's net assets remains less than its authorized capital at the end of the financial year following the second financial year or each subsequent financial year, at the end of which the value of the company's net assets turned out to be less than its authorized capital, including in the case provided for in clause 7 of this article, the company, no later than six months after the end of the relevant financial year, is obliged to take one of the following decisions:
1) on reducing the authorized capital of the company to an amount not exceeding the value of its net assets;
2) on the liquidation of the company.";
d) clause 7 shall be stated in the following wording:
"7. If the value of the net assets of the company turns out to be less than its authorized capital by more than 25 percent at the end of three, six, nine or twelve months of the financial year following the second financial year or each subsequent financial year, at the end of which the value of the net assets of the company turned out to be less than its authorized capital, the company twice with a frequency of once a month is obliged to place in the media, in which data on state registration of legal entities are published, a notice of a decrease in the value of the company's net assets.
e) clause 8 shall be stated in the following wording:
"8. The notice of the decrease in the value of the company's net assets shall indicate:
1) full and abbreviated name of the company, information about the location of the company;
2) indicators characterizing the dynamics of changes in the value of net assets and authorized capital of the company for the last three completed financial years, or, if the company exists for less than three years, for each completed financial year;
3) the value of the net assets of the company at the end of three, six, nine and twelve months of the financial year following the second financial year or each subsequent financial year, at the end of which the value of the net assets of the company turned out to be less than its authorized capital;
4) a description of the procedure and conditions for the company's creditors to submit claims provided for in paragraph 9 of this article, indicating the address (location) of the permanent executive body of the company, additional addresses at which such claims can be filed, as well as ways of contacting the company (telephone numbers , faxes, e-mail addresses and other information).";
f) add paragraph 9 with the following content:
"9. The creditor of the company, if its rights of claim arose before the publication of a notice of a decrease in the value of the company's net assets, no later than 30 days from the date of the last publication of such a notice, has the right to demand from the company early performance of the corresponding obligation, and if it is impossible to fulfill it ahead of schedule, termination of the obligation and compensation for related losses.The statute of limitations for applying to the court with this requirement is six months from the date of the last publication of a notice of a decrease in the value of the company's net assets.";
g) add paragraph 10 with the following content:
"10. The court has the right to refuse to satisfy the claim specified in paragraph 9 of this article, if the company proves that:
1) as a result of a decrease in the value of its net assets, the rights of creditors are not violated;
2) the security provided for the proper performance of the relevant obligation is sufficient.";
h) add paragraph 11 with the following content:
"11. If at the end of the second financial year or each subsequent financial year the value of the company's net assets turns out to be less than the minimum authorized capital specified in Article 26 of this Federal Law, the company, no later than six months after the end of the financial year, must decide on its liquidation .";
i) add paragraph 12 with the following content:
"12. If, within the time limits established by paragraphs 6, 7 and 11 of this article, the company does not fulfill the obligations provided for by these paragraphs, creditors have the right to demand from the company early performance of the relevant obligations or, if it is impossible to fulfill them ahead of schedule, termination of obligations and compensation for losses associated with this , and the body carrying out state registration of legal entities, or other state bodies or bodies of local self-government, to which the right to present such a claim has been granted by federal law, has the right to file a claim with the court for the liquidation of the company.
j) add paragraph 13 with the following content:
"13. The rules established by paragraphs 4-12 of this article do not apply to credit institutions established in the form of joint-stock companies. The procedure for bringing the authorized capital of a credit institution into conformity with the value of its net insolvency (bankruptcy) of credit institutions.";
4) in the second sentence of paragraph 1 of Article 62 the words "not later than 15 days" shall be replaced by the words "not later than three working days";
5) in paragraph 1 of Article 63 the words "not later than 15 days" shall be replaced by the words "not later than three working days".
Article 4
Include in Federal Law No. 39-FZ of April 22, 1996 "On the Securities Market" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1996, No. 17, Art. 1918; 1999, No. 28, Art. 3472; 2002, No. 52, Art. 5141; 2004, N 27, item 2711; 2005, N 11, item 900; N 25, item 2426; 2006, N 1, item 5; N 31, item 3437; 2007, N 1, item 45; N 50, item 6247; 2009, N 1, item 28; N 29, item 3642) the following changes:
1) article 27.4 shall be stated in the following wording:
"Article 27.4. Bonds secured by a guarantee
1. A suretyship agreement that secures the fulfillment of obligations under bonds is considered concluded from the moment their first owner acquires the rights to such bonds. In this case, the written form of the guarantee agreement is considered to be observed.
2. A guarantor under a suretyship agreement, which ensures the fulfillment of obligations under bonds, may act as:
1) commercial organizations whose net asset value is not less than the amount (amount) of the guarantee provided;
2) state corporations or a state company, if the provision of a guarantee by them is permitted by federal law;
3) international financial organizations specified in subparagraph 3 of paragraph 2 of Article 51.1 of this Federal Law.
3. The suretyship agreement, which ensures the fulfillment of obligations under bonds, must provide for:
1) joint and several liability of the guarantor and the issuer for non-performance or improper performance by the issuer of these obligations;
2) the period of validity of the guarantee, which must exceed the period of performance of these obligations by at least one year.";
2) Chapter 5 shall be supplemented with Article 27.5-4 as follows:
"Article 27.5-4. Features of the issue of bonds by a business entity
1. The issue of bonds by a business company is allowed after full payment of its authorized capital.
2. The nominal value of all bonds of a business company must not exceed the amount of its authorized capital and (or) the amount of security provided to the business company for these purposes by third parties. In the absence of collateral provided by third parties, the issue of bonds is allowed not earlier than the third year of the existence of a business entity and subject to the proper approval of the annual financial statements for two completed financial years.
3. The restrictions provided for in paragraph 2 of this article do not apply to:
1) mortgage-backed bonds;
2) business entities whose equity securities are included in the quotation list (passed through the listing procedure) on the stock exchange;
3) business entities and (or) bonds that have a credit rating of one of the rating agencies accredited by the federal executive body authorized by the Government of the Russian Federation, not lower than the level established by the federal executive body for the securities market;
4) bonds intended for qualified investors.
4. Notes intended for qualified investors may not:
1) be included in the assets of open-end mutual investment funds;
2) be included in the assets of joint-stock investment funds, with the exception of joint-stock investment funds intended for qualified investors;
3) be an object for placement of funds of pension reserves and investment of pension savings of non-state pension funds;
4) be an object for placement of funds of insurance reserves of insurance organizations.".
Article 5
Introduce the following changes to Federal Law No. 14-FZ of February 8, 1998 "On Limited Liability Companies" (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 1998, No. 7, Art. 785; 2009, No. 1, Art. 20) the following changes:
1) in the second paragraph of clause 1 of Article 16 the words "including by offsetting his claims against the company" shall be deleted;
2) article 19 shall be supplemented with paragraph 4 of the following content:
"4. By decision of the general meeting of participants in the company, adopted by all participants in the company unanimously, the participants in the company on account of making additional contributions by them and (or) third parties on account of making contributions by them have the right to set off monetary claims against the company.".
Article 6
Include in Federal Law No. 129-FZ of August 8, 2001 "On State Registration of Legal Entities and Individual Entrepreneurs" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2001, No. 33, Art. 3431; 2003, No. 26, Art. 2565; No. 52, 5037; 2005, N 27, item 2722; 2007, N 7, item 834; N 30, item 3754; N 49, item 6079; 2008, N 30, item 3616; 2009, N 1, 20, 23) the following changes:
1) in Article 5:
a) in paragraph 1:
add subparagraph "y" with the following content:
"y) information that a legal entity that is a joint-stock company is in the process of reducing its authorized capital;";
add subparagraph "f" of the following content:
"t) the value of the net assets of a legal entity that is a joint-stock company, as of the end date of the last completed reporting period.";
b) the first sentence of paragraph 5 shall be amended as follows: "Unless otherwise established by this Federal Law, a legal entity, within three working days from the date of change in the information specified in paragraph 1 of this article, with the exception of the information specified in subparagraphs "m", " o" - "c", and an individual entrepreneur, within three working days from the date of the change in the information specified in paragraph 2 of this article, with the exception of the information specified in subparagraphs "m" - "p", are obliged to report this to the registering authority at the place their respective location and residence.";
2) in Article 17:
a) add paragraph 4 with the following content:
"4. In order to make changes to the unified state register of legal entities regarding information that a legal entity that is a joint-stock company is in the process of reducing the authorized capital, a decision to reduce the authorized capital shall be attached to the application for making such changes to the unified state register of legal entities. the capital of such a legal entity.
To make changes to the Unified State Register of Legal Entities provided for in this paragraph, the documents shall be submitted to the registering authority within three working days after the date of the decision to reduce the authorized capital of a legal entity that is a joint-stock company.
b) add paragraph 5 with the following content:
"5. In order to make changes to the unified state register of legal entities regarding information on the value of the net assets of a legal entity that is a joint-stock company, an application for making such changes is submitted quarterly to the registering authority within the period established by the legislation of the Russian Federation on accounting for the submission of an annual or quarterly financial statements.";
3) paragraph 1 of Article 20 shall be stated in the following wording:
"1. The founders (participants) of a legal entity or the body that made the decision to liquidate the legal entity, within three working days after the date of the decision to liquidate the legal entity, are obliged to notify in writing the registration authority at the location of the liquidated legal entity with the application of the decision on the liquidation of a legal entity.
Article 7
The president
Russian Federation
D. MEDVEDEV
Moscow Kremlin
Federal Law No. 352-FZ of December 27, 2009 (as amended on July 18, 2011) "On Amendments to Certain Legislative Acts of the Russian Federation in Respect of Revision of Restrictions for Business Companies in the Formation of Authorized Capital, Revision of Methods for Protecting Creditors' Rights in the Event of a Decrease in Authorized Capital, changes in requirements for business companies in the event of a discrepancy between the authorized capital of the value of net assets, revision of restrictions related to the issue of bonds by business companies"
State Duma
Federation Council
Judicial practice and legislation - 352-FZ On amendments to certain legislative acts of the Russian Federation in terms of revising restrictions for business entities in the formation of authorized capital, revising ways to protect the rights of creditors when the authorized capital is reduced, changing requirements for business entities in the event of a discrepancy between the authorized capital of the value net assets, revision of restrictions related to the issue of bonds by business entities
The FFMS of Russia informs the participants of the securities market that as of December 31, 2009, Federal Law No. 352-FZ of December 27, 2009 "On Amendments to Certain Legislative Acts of the Russian Federation with regard to Revision of Restrictions for Business Companies in the Formation of Authorized Capital, revising the methods of protecting the rights of creditors in the event of a decrease in the authorized capital, changing the requirements for business companies in the event of a discrepancy between the authorized capital of the net asset value, revising the restrictions associated with the issue of bonds by business companies" (hereinafter - Federal Law N 352-FZ).
Active Edition from 18.07.2011
| Document name | Federal Law of December 27, 2009 N 352-ФЗ (as amended on 07/18/2011) "On amendments to certain legislative acts of the Russian Federation in terms of revising restrictions for business companies in the formation of the authorized capital, revising the methods of protecting the rights of creditors when reducing the authorized capital, CHANGES IN REQUIREMENTS FOR BUSINESS COMPANIES IF THE AUTHORIZED CAPITAL DOES NOT MATCH WITH THE NET ASSET VALUE, REVISION OF THE RESTRICTIONS RELATED TO THE ISSUE OF BONDS BY BUSINESS COMPANIES" |
| Type of document | law |
| Host body | president of the rf, cd rf, sf rf |
| Document Number | 352-FZ |
| Acceptance date | 31.12.2009 |
| Revision date | 18.07.2011 |
| Date of registration in the Ministry of Justice | 01.01.1970 |
| Status | valid |
| Publication |
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Federal Law of December 27, 2009 N 352-ФЗ (as amended on 07/18/2011) "On amendments to certain legislative acts of the Russian Federation in terms of revising restrictions for business companies in the formation of the authorized capital, revising the methods of protecting the rights of creditors when reducing the authorized capital, CHANGES IN REQUIREMENTS FOR BUSINESS COMPANIES IF THE AUTHORIZED CAPITAL DOES NOT MATCH WITH THE NET ASSET VALUE, REVISION OF THE RESTRICTIONS RELATED TO THE ISSUE OF BONDS BY BUSINESS COMPANIES"
a) add paragraph 4 with the following content:
"4. In order to make changes to the unified state register of legal entities regarding information that a legal entity that is a joint-stock company is in the process of reducing the authorized capital, a decision to reduce the authorized capital shall be attached to the application for making such changes to the unified state register of legal entities. the capital of such a legal entity.
To make changes to the Unified State Register of Legal Entities provided for in this paragraph, the documents shall be submitted to the registering authority within three working days after the date of the decision to reduce the authorized capital of a legal entity that is a joint-stock company.
Subparagraph b) - Repealed
3) paragraph 1 of Article 20 shall be stated in the following wording:
"1. The founders (participants) of a legal entity or the body that made the decision to liquidate the legal entity, within three working days after the date of the decision to liquidate the legal entity, are obliged to notify in writing the registration authority at the location of the liquidated legal entity with the application of the decision on the liquidation of a legal entity.
President of Russian Federation
D. MEDVEDEV
Moscow Kremlin
The Zakonbase website presents the FEDERAL LAW of December 27, 2009 N 352-FZ (as amended on July 18, 2011) "ON INTRODUCING AMENDMENTS TO CERTAIN LEGISLATIVE ACTS OF THE RUSSIAN FEDERATION IN PART OF THE REVIEW OF LIMITATIONS FOR BUSINESS COMPANIES DURING THE FORMATION OF THE STATUTORY RIGHTS, CHARTER CAPITAL CREDITORS WHEN THE AUTHORIZED CAPITAL IS DECREASED, THE REQUIREMENTS FOR BUSINESS COMPANIES ARE CHANGED IN THE EVENT THE AUTHORIZED CAPITAL DOES NOT MATCH WITH THE NET ASSET VALUE, REVISION OF THE RESTRICTIONS RELATED TO THE IMPLEMENTATION BY BUSINESS COMPANIES IN THE LATEST VERSION OF THE MOST EMISSIONS. It is easy to comply with all legal requirements if you familiarize yourself with the relevant sections, chapters and articles of this document for 2014. To search for the necessary legislative acts on a topic of interest, you should use convenient navigation or advanced search.
On the website "Zakonbase" you will find the FEDERAL LAW dated December 27, 2009 N 352-FZ (as amended on July 18, 2011) "ON AMENDING CERTAIN LEGISLATIVE ACTS OF THE RUSSIAN FEDERATION IN PART OF THE REVISION OF LIMITATIONS FOR BUSINESS COMPANIES DURING THE FORMATION OF A STATUTORY COMPANY The rights of creditors when reducing the authorized capital, changes in claims to business companies in the case of non -compliance of the authorized capital of the value of net assets, revising the restrictions related to the implementation of economic units of bonds "in the fresh and full version, which made all changes and amendments. This guarantees the relevance and reliability of the information.
At the same time, download the Federal Law of December 27, 2009 N 352-ФЗ (as amended on 07/18/2011) "On amendments to certain legislative acts of the Russian Federation in terms of revision of restrictions for business companies in the formation of the authorized capital, revising methods of protecting the rights of creditors when reducing reducing OF THE AUTHORIZED CAPITAL, CHANGING THE REQUIREMENTS FOR BUSINESS COMPANIES IN THE EVENT OF THE AUTHORIZED CAPITAL DOES NOT MATCH WITH THE NET ASSET VALUE, REVISION OF THE RESTRICTIONS RELATED TO THE ISSUE OF BONDS BY BUSINESS COMPANIES, as well as completely free of charge, as well as completely free of charge, as well as completely free of charge.
