Amending The Legislative Acts Of The Russian Federation With Regard To Improving Procedures For State Registration And The Registration Of Legal Entities And Individual Entrepreneurs

Original Language Title: О внесении изменений в законодательные акты Российской Федерации в части совершенствования процедур государственной регистрации и постановки на учет юридических лиц и индивидуальных предпринимателей

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RUSSIAN FEDERATION FEDERAL LAW on amendments to legislative acts of the Russian Federation with regard to improving procedures for State registration and the registration of legal entities and individual entrepreneurs of the year November 28, 2003 adopted by the State Duma approved by the Federation Council of the year December 10, 2003 (as amended by the federal laws on 27.07.2010 N 227-FZ;
from 29.11.2010 N 313-FZ; from 29.11.2010 N 326-FZ;
from 25.05.2011 N 99-FL; from 29.12.2015 N 394-FZ), Article 1 (repealed federal law from 29.11.2010 N 326-FZ) Article 2 amend the Federal law dated July 24, 1998 N 125-FZ "on compulsory social insurance against industrial accidents and occupational diseases" (collection of laws of the Russian Federation, 1998, N 31, art. 3803; 2002, N 1, art. 2; 2003, N 17, art. 1554; N 28, art. 2887) as follows: 1) article 6 shall be amended as follows: "article 6. Registration Registration is carried out by insurers insurers in the executive bodies of the insurer: insurers are legal entities in the five days since the insurer's Executive Branch federal executive body engaged in State registration of legal entities, the information that is contained in the unified State Register of legal entities and submitted in the manner prescribed by the Government of the Russian Federation;
insured-legal persons at the location of their separate units with a separate balance account and impose payments and other remuneration in favour of individuals, on the basis of an application for registration as a policyholder submitted not later than 30 days from the date of the establishment of such a separate subdivision;
insured individuals who have signed an employment contract with the employee, on the basis of an application for registration as a policyholder submitted not later than 10 days from the date of the first contract of hired workers;
insured individuals obliged to pay insurance premiums in connection with the conclusion of the civil contract, on the basis of an application for registration as a policyholder submitted not later than 10 days from the date of conclusion of the Treaty.
Procedure for registration of policyholders referred to in paragraphs third, fourth and fifth parts of the first paragraph of this article shall be established by the insurer ";
2 paragraph 1) subparagraph 2 article 17 shall be amended as follows: "1) provide timely and in executive bodies of the insurer the documents required for registration as an insured person, in the cases provided by paragraphs third, fourth and fifth of the first paragraph of article 6 of this federal law;";
3), in subparagraph 1 of paragraph 2 of article 18, the word "(reregister)" should be deleted;
4) (repealed-federal law 29.12.2015 N 394-FZ) 5) in article 22-2: a) paragraphs 1 and 2 shall be declared null and void;
b) in paragraph 4 the words "and penalties" should be deleted.
Article 3 to amend the first part of the tax code of the Russian Federation (collection of laws of the Russian Federation, 1998, no. 31, p. 3824; 1999, N 28, art. 3487; 2003, no. 22, art. 2066; N 23, art. 2174; N 27, art. 2700) as follows: 1) in article 11, paragraph 2: a) in the paragraph, the words "fourth private security guards, private investigators" were replaced by the words "lawyers, lawyers ' offices had established";
b) thirteenth paragraph worded as follows: "the certificate of registration with the tax authority-a document issued by the tax authority of an organization or an individual with the registration with the tax authority at the place of location of the organization or according to the place of residence of a natural person";
in new paragraph fourteenth supplement) as follows: "notification of registration with the tax authority-a document issued by the tax authority of the organization or individual, including an individual entrepreneur, when registration with the tax authority on other grounds, except for the grounds on which this code provides for the issue of a certificate of registration with the tax authority";
g) fourteenth paragraph considered paragraph fifteenth;
d) paragraph fifteenth considered paragraph sixteenth and recognize it as null and void;
(e)) paragraph sixteenth seventeenth paragraph count;
f) paragraph 17th take it eighteenth paragraph to read: "the place of residence of a natural person-address (the name of a constituent entity of the Russian Federation, area, city, town, street, house number, flat), in which an individual's place of residence registered in the order established by the legislation of the Russian Federation";
w) paragraph 18th considered paragraph nineteenth;
2) Article 23, paragraph 2: a) in the first subparagraph the words "in place of" should be replaced by the words "respectively on the location of the Organization, the place of residence of an individual entrepreneur";
b) fifth paragraph the words "on the Declaration of insolvency (bankruptcy)", "eliminate or exclude;
in the sixth paragraph) shall be invalidated;
3) in subparagraph 3 of paragraph 1 of article 32, the word "taxpayers" should be replaced by the words "organizations and individuals";
4) article 83: a) in the title, the word "taxpayers" should be replaced by the words "organizations and individuals";
b) in paragraph 1:

in the first subparagraph, the words "subject to taxation" were replaced by the words "and on other grounds stipulated by the present Code";
second paragraph worded as follows: "an organization composed of separate units located on the territory of the Russian Federation is obliged to register with the tax authority at the location of each separate division.";
in) paragraph 3 shall be amended as follows: "3. The registration of an organization or an individual entrepreneur in the tax authority at the place of location or place of residence is carried out on the basis of the information contained, respectively, in the unified State Register of legal entities, the unified State Register of individual entrepreneurs, in the manner prescribed by the Government of the Russian Federation.";
g) in operative paragraph 5: the first paragraph shall be invalidated;
second paragraph worded as follows: "registration, deregistration of the organization or individual in the tax authority at the place of location of the owned real estate and (or) vehicles are based on information reported to the authorities referred to in article 85 of this code. The organization is subject to registration in tax bodies at the location of the immovable property owned by it at the right of ownership, right of economic management or operative administration. ";
d) paragraph 6 shall be amended as follows: "6. The registration of private notary is carried out by the tax authority at the place of his residence on the basis of the information reported to the authorities referred to in article 85 of this code.
Rregistration lawyer is performed by the tax authority at the place of his residence on the basis of the information reported by the Council of lawyer Chamber of the subject of the Russian Federation, in accordance with article 85 of this code. ";
(e)) paragraph 10 shall be amended as follows: ' 10. Tax authorities on the basis of available data and information about the taxpayers must ensure the placing their registration. ";
5) article 84: a) name shall be reworded as follows: "article 84. The procedure for registration and deregistration of organizations and individuals.
Taxpayer identification number ";
b) items 1-5 shall be amended as follows: "1. The registration of the Organization at the location of its separate units is carried out on the basis of the application, the form of which is set by the Ministry of the Russian Federation under taxes and tax collections. When applying for registration of the Organization at the location of its standalone business unit Organization simultaneously with the application for registration represents one copy copies certified in the prescribed manner of the certificate of registration with the tax authority of the Organization at the place of its finding, documents confirming the creation of a separate Division (if available).
The registration of organizations and individuals on grounds not covered by paragraph 3 of article 83 of this code, shall be as prescribed by the Ministry of the Russian Federation under taxes and tax collections.
When the registration of individuals in the information about specified individuals also include their personal data: surname, name, patronymic;
date and place of birth;
place of residence;
the data of the passport or other identity document to the taxpayer;
data on nationality.
Features of the order for registration of foreign organizations, depending on the types of income shall be established by the Ministry of the Russian Federation under taxes and tax collections.
2. Tax Authority shall implement registration organizations according to the location of the separate division, as well as organizations and individuals on grounds not covered by paragraph 3 of article 83 of this code, within five days from the date of submission of all required documents and in the same period to give them notice of registration with the tax authority. Form such notifications shall be established by the Ministry of the Russian Federation under taxes and tax collections.
The tax authority fulfills the registration of the newly established organization or individual entrepreneur is obliged to issue them a certificate of registration with the tax authority. The form of such evidence shall be established by the Ministry of the Russian Federation under taxes and tax collections.
The tax authority is required to carry out the registration of the organization or individual person at the location of the owned real estate and (or) vehicles, as well as private notaries and lawyers at their place of residence within five days from the date of receipt of the information from the bodies referred to in article 85 of this code. The tax authority in the same period must give or send by mail certificate of registration with the tax authority and (or) notice of registration with the tax authority on forms and in a manner that establishes the Ministry of the Russian Federation under taxes and tax collections.

3. changes in the information about organizations or individual entrepreneurs shall be accounted for by the tax authority at the place of location of the organization or according to the place of residence of the individual businessman on the basis of the information contained, respectively, in the unified State Register of legal entities, the unified State Register of individual entrepreneurs, in the manner prescribed by the Government of the Russian Federation.
Changes in information on natural persons, not related to individual entrepreneurs, as well as of private notaries and attorneys shall be accounted for by the tax authority at the place of their residence on the basis of the information reported to the authorities referred to in article 85 of this code, in the manner prescribed by the Ministry of the Russian Federation under taxes and tax collections.
4. If the taxpayer changed location or place of residence, the deregistration of the taxpayer shall be carried out by the tax body, in which the taxpayer was registered: the organization or individual entrepreneurs on the basis of the information contained, respectively, in the unified State Register of legal entities, the unified State Register of individual entrepreneurs, in the manner prescribed by the Government of the Russian Federation;
private notary, counsel within five days from the date of receipt of the information about the fact of registration from the authorities responsible for the registration of individuals by place of residence, in the manner prescribed by the Ministry of the Russian Federation under taxes and tax collections;
physical persons who are not related to individual entrepreneurs, within five days from the date of receipt of the information about the fact of registration from the authorities responsible for the registration of individuals by place of residence, in the manner prescribed by the Ministry of the Russian Federation under taxes and tax collections.
Registration of the taxpayer in the tax authority on a new location or new residence is carried out on the basis of documents received from the tax authority still location or previous place of residence of the taxpayer.
5. In case of liquidation or reorganization of the Organization, or cessation of activity as an individual businessman withdrawing their registration is carried out on the basis of the information contained, respectively, in the unified State Register of legal entities, the unified State Register of individual entrepreneurs, in the manner prescribed by the Government of the Russian Federation.
In the case of adoption of the decision on the termination of the activities of the Organization through its separate subdivision of deregistration are carried out by the tax authority, upon application by the taxpayer within 14 days from the date of the filing of such a statement.
In case of termination of the private notary, termination status lawyer deregistration is effected by the tax authority on the basis of the information reported to the authorities referred to in article 85 of this code, in the manner prescribed by the Ministry of the Russian Federation under taxes and tax collections ";
in) paragraph 11 shall be invalidated;
6) in article 85: (a)) the name shall be reworded as follows: "article 85. Responsibilities of agencies, institutions, organizations and officials to report to tax authorities the information that is associated with the view of taxpayers ";
b) items 1 and 2 shall be amended as follows: "1. The judiciary, issuing licenses for notarial activities and conferring powers notaries are required to report to the tax authority at the place of his stay of natural persons who have obtained the license for notarial activities and (or) assigned to the post of notary, engaged in private practice, or excepted from it, within five days from the date of publication of the corresponding order.
2. Advice lawyer Chambers of subjects of the Russian Federation are required to not later than 30th of each month, notify the tax authority at the place of location of lawyer Chamber of the subject of the Russian Federation for information about lawyers, members of lawyer Chamber of the subject of the Russian Federation, about their chosen form of lawyer formation, as well as decisions on suspension (renewal) or termination of the status of the lawyer. ";
in) paragraph 3 after the words "on the facts" add the words "natural person's place of residence";
g) paragraph 4 shall be amended as follows: "4. the bodies carrying out the State registration of rights to real estate and transactions with it, registration of vehicles, are required to report information about their territory, situated on the immovable property of vehicles registered in those bodies (rights and transactions registered in those bodies) and their owners to the tax authorities at the place of its finding within 10 days from the date of the registration concerned.";
d) supplement paragraph 8 to read as follows: "8. The bodies issuing and replacement of identity documents of a citizen of the Russian Federation on the territory of the Russian Federation are required to report to the tax authority at the place of residence of the citizen information:

the facts about the replacement of the identity document of a citizen of the Russian Federation on the territory of the Russian Federation and the changes of personal data contained in a newly-issued document, within five days from the date of issuance of the new document;
the facts about filing a citizen in these bodies of statements on the loss of the identity document of a citizen of the Russian Federation on the territory of the Russian Federation, within three days from the date of its filing.
Article 4 subparagraph 2 paragraph five of paragraph 19, subparagraph 1, paragraph 9, article 75 of the Federal law dated July 9, 1999 N 154-ФЗ "about entry of changes and additions in the first part of the tax code of the Russian Federation (collection of laws of the Russian Federation, 1999, no. 28, p. 3487) void.
Article 5 to amend the Federal law dated July 16, 1999 N 165-ФЗ "about fundamentals of obligatory social insurance" (collection of laws of the Russian Federation, 1999, no. 29, art. 3686; 2003, N 1, art. 5) as follows: 1 article 2) paragraph 9 shall be amended as follows: "2. the registration of the insured in the executive bodies of the insurer shall be carried out in cases stipulated by federal laws on certain compulsory social insurance. The order of registration and liability for failure to register shall be established by federal laws on certain compulsory social insurance ";
2) in subparagraph 1 of paragraph 2 of article 12 the words "deadlines" were replaced by the words "in the manner prescribed".
Article 6 to amend the Federal law dated August 8, 2001 N 129-ФЗ "about the State registration of legal entities and individual entrepreneurs" (collection of laws of the Russian Federation, 2001, no. 33, p. 3431; 2003, N 26, art. 2565) as follows: 1) in article 5: (a)) in paragraph 1, subparagraphs: "d" and "e" shall be amended as follows: "d) information about the founders (participants) of a legal person in respect of joint-stock companies information about holders of their shareholders ' registers;
e) original or certified notarized copies of constituent documents of a legal entity; ";
complement the sub-items "n"-"with" read: "n) information about the branches and representative offices of legal entities;
about) taxpayer identification number, reason code and date of registration of a legal entity in the tax authority;
p) codes for Obshherossijskomu classifier of types of economic activity;
r) number and date of registration of the legal person as the insured: a territorial body of the Pension Fund of the Russian Federation;
in the executive body of the social insurance fund of the Russian Federation;
(The paragraph twelfth subparagraph "and" ineffective federal law from 29.11.2010 N 313-FZ)
(Thirteenth paragraph of subparagraph "and" ineffective federal law from 27.07.2010 N 227-FZ) b) item 2 complement the sub-items "n"-"r" to read: "n) taxpayer identification number, date of registration of an individual entrepreneur in the tax authority;
about) codes for Obshherossijskomu classifier of types of economic activity;
p) number and date of registration of an individual entrepreneur as the insured: a territorial body of the Pension Fund of the Russian Federation;
in the executive body of the social insurance fund of the Russian Federation;
(Paragraph seven subparagraph "b" ineffective federal law from 29.11.2010 N 313-FZ)
(Eighth paragraph of subparagraph "b" ineffective federal law from 27.07.2010 N 227-FZ)) paragraph 4 supplement paragraphs read as follows: "the information referred to in subparagraph" p "paragraph 1 and subparagraph" p "of paragraph 2 of this article shall be submitted to a registering body organs of State non-budgetary funds in the manner prescribed by the Government of the Russian Federation, not later than five days from the date of registration of legal entities and individual entrepreneurs as policyholders.
The information referred to in subparagraph "c" of paragraph 1 and subparagraph "p" of paragraph 2 of this article shall be submitted to the registration authority banks in the manner prescribed by the Government of the Russian Federation, not later than five days from the date of opening of the current (settlement) accounts of a legal entity or an individual entrepreneur. ";
g) in paragraph 5, the words "in paragraph 1 of this article, information, except for the information referred to in subparagraph" m "should be replaced by the words" in paragraph 1 of this article, information, except for the information referred to in subparagraphs "m", "o"-"with", the words "in paragraph 2 of this article, information, except for the information referred to in subparagraph" m "should be replaced by the words" in paragraph 2 of this article, information, except for the information referred to in subparagraphs "m"-"r";
2) in paragraph two of article 6, paragraph 1, the words "information about the passport and other personal data of natural persons" shall be replaced with the words "number, the date of issuance and the authority issuing the document proving the identity of the natural person, information about the bank accounts of legal entities and individual entrepreneurs";
3) article 11 shall be amended with paragraph 3-1 as follows:

"3-1. The registering body within a period of not more than five working days from the moment of State registration is in the order established by the Government of the Russian Federation, the information contained, respectively, in the unified State Register of legal entities, the unified State Register of individual entrepreneurs in the State budget funds for registration of legal entities and individual entrepreneurs as insurers.";
4) Subparagraph d of paragraph 1 of article 14 shall be amended as follows: "g) the merger agreement in the cases provided for by federal laws";
5) article 17 shall be amended with paragraph 3 to read as follows: "3. The reorganization of a legal entity in the form of accession by another entity in the registering body at the location of the legal entity to which you are attaching, request for recordal shall be presented to cease the activity of the attached legal entity approved by the Government of the Russian Federation, the decision about reorganization of a legal entity, the accession agreement and deed."
Article 7 amend the Federal law of December 15, 2001 N 167-FZ "about obligatory pension insurance in the Russian Federation" (collection of laws of the Russian Federation, 2001, N 51, art. 4832) as follows: 1) article 11 shall be amended as follows: "article 11. Registration of insurers in the organs of the insurer 1. Registration of insurers is mandatory and is carried out in the territorial bodies of the insurer: employers ' organizations, peasant (farmers ') holdings, individuals registered as individual entrepreneurs and self pay insurance premiums to the budget of the Pension Fund of the Russian Federation, in the five days since the territorial bodies of the Federal Executive authority of the insurer which carries out State registration of legal entities and individual entrepreneurs, information contained, respectively, in the unified State Register of legal entities , the unified State Register of individual entrepreneurs and submitted in the manner prescribed by the Government of the Russian Federation;
private notaries at their place of residence (in the case of the exercise of their activities elsewhere in place to implement such activities) on the basis of submitted not later than 30 days from the date of receipt of the licence application for the registration of notarial activities as the insured and simultaneously with the application copies the license for notarial activities, identity documents of the insured and confirming his registration by place of residence as well as its registration with the tax authority;
lawyers at their place of residence on the basis of submitted not later than 30 days from the date of issue of the identity of the lawyer as an application for the registration of the insured and simultaneously with the application submitted copies of the identity of the lawyer, the identity documents of the insured and confirming his registration by place of residence;
individuals who have signed labor contracts with employees, as well as paying on agreements civil legislation on remuneration in accordance with the legislation of the Russian Federation awarded premiums, at the place of residence referred to individuals on the basis of an application for registration as a policyholder submitted not later than 30 days from the date of conclusion of the respective contracts.
2. The procedure for registration of policyholders referred to in paragraphs third, fourth and fifth paragraph 1 of this article, and persons equated for purposes of this federal law to insured, the insurer shall be established. ";
2 article 14, para. 3) shall be invalidated.
Article 8 (repealed-the Federal law dated 04/N 99-FL) Article 9 Article 5 of the Federal law "on banks and banking activities" (as amended by federal law from February 3, 1996 N 17-ФЗ) (statements of the RSFSR Congress of people's deputies and the Supreme Soviet of the RSFSR, 1990, no. 27, art. 357; Collection of laws of the Russian Federation, 1996, no. 6, art. 492; 1998, N 31, art. 3829) as follows: 1) supplemented by a new part of the second reading: "opening credit organizations the bank accounts of individual entrepreneurs and legal entities, with the exception of bodies of State power, bodies of local self-government is carried out on the basis of certificates of State registration of physical persons as individual entrepreneurs, certificates on State registration of legal entities, as well as evidence of registration with the tax authority.";
2) part of the second to fifth take third to sixth instalments respectively.
Article 10 part 1 of article 15.7 code of the Russian Federation on administrative offences (collection of laws of the Russian Federation, 2002, N 1, art. 1), the words "or an organ of the State non-budgetary Fund" should be deleted.
Article 11 this federal law shall enter into force on January 1, 2004 year.

The President of the Russian Federation v. Putin in Moscow, the Kremlin December 23, 2003 N 185-FZ

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