On Amendments And Additions To The Federal Act "on State Registration Of Legal Entities"

Original Language Title: О внесении изменений и дополнений в Федеральный закон "О государственной регистрации юридических лиц"

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RUSSIAN FEDERATION FEDERAL LAW on amendments and additions to the Federal Act "on State registration of legal persons", adopted by the State Duma June 4, 2003 year approved by the Federation Council June 11, 2003 year (as amended by federal law from 03.12.2011 N 383-FZ), Article 1. To amend the Federal law dated August 8, 2001 N 129-ФЗ "about the State registration of legal entities" (collection of laws of the Russian Federation, 2001, no. 33, p. 3431) the following changes and additions: the name should read as follows: "on State registration of legal entities and individual entrepreneurs";
the first and second part of article 1 shall be amended as follows: "this federal law regulates relations arising in connection with the registration of legal entities at their creation, reorganization and liquidation, when amending their constituent documents, registration of physical persons as individual entrepreneurs and State registration upon termination of individuals as individual entrepreneurs, as well as in connection with the maintenance of the public registry-the unified State Register of legal entities and unified State Register of individual entrepreneurs.
The State registration of legal entities and individual entrepreneurs (hereinafter registration)-acts of the authorized federal body of executive power, carried out through the State registers information on establishment, reorganization and liquidation of legal entities, natural persons acquire the status of an individual entrepreneur, cessation of individuals as individual entrepreneurs, other information on legal persons and individual entrepreneurs in accordance with this federal law. ";
in the name of article 2 the words "legal persons" should be deleted;
title of chapter II shall be amended as follows: "chapter II. PUBLIC REGISTRIES ";
Article 4: in the name of the words "State Register" should be replaced by the words "public registries";
in paragraph 1: in the first paragraph, the words "the State register is maintained that contains" be replaced by the words "maintained State registers, containing, respectively," after the words "Elimination of legal persons", add the words ", the acquisition of the status of individuals as private entrepreneur, cessation of individuals as individual entrepreneurs, other information concerning legal persons, individual entrepreneurs";
in the second paragraph, the words "State Register" should be replaced by the words "public registries";
the third paragraph shall read as follows: "the State registers are federal information resources.";
in the fourth paragraph, the words "the State registry shall" should be replaced by the words "public registries", the words "State Register" should be replaced by the words "public registries";
in the fifth paragraph, the words "State Register" should be replaced by the words "public registries";
in paragraph 2 the words "the public registry" shall be replaced with the words "public registries";
Article 5: in the name of the words "State Register" should be replaced by the words "public registries";
in the first paragraph and sub-paragraph (a) of paragraph 1, the words "the public registry" were replaced by the words "the unified State Register of legal entities": to complement the new paragraph 2 as follows: "2. In the unified State Register of individual entrepreneurs provides the following information about an individual entrepreneur: a) the name and (if applicable) patronymic in Russian (for foreign citizens and stateless persons such information additionally specified using the letters of the Latin alphabet based on the information contained in document identification in accordance with the legislation of the Russian Federation);
b) gender;
in) date and place of birth;
g) nationality (if a sole proprietorship nationality stipulates: "a person without citizenship");
d) place of residence in the Russian Federation (the address of the name of a constituent entity of the Russian Federation, area, city, town, street, house number, apartment, on which an individual businessman registered according to the place of residence in accordance with the legislation of the Russian Federation (hereinafter referred to as the address of the place of residence);
(e)) of the core document, verifying the identity of a citizen of the Russian Federation on the territory of the Russian Federation (hereinafter referred to as underlying document) (if an individual entrepreneur is a citizen of the Russian Federation);
f) view and the document data, established by federal law or recognized in accordance with an international agreement of the Russian Federation as an identity document of a foreign citizen (if the individual is a foreign citizen);

w) view, and the document's data, as provided by federal law or recognized in accordance with an international agreement of the Russian Federation as an identity document of a stateless person (in case an individual entrepreneur is a person without citizenship);
and data and view) the validity of the document confirming the right of an individual entrepreneur temporarily or permanently reside in the Russian Federation (in case an individual entrepreneur is a foreign citizen or person without citizenship);
k) date of State registration as an individual entrepreneur and the data document confirming depositing in the unified State Register of individual entrepreneurs write the State registration;
l) date and method of terminating an individual activity as an individual businessman (on the statement either in connection with the death of, or in connection with the adoption of a decision by the Court concerning recognition of insolvent (bankrupt) or on the cessation of the activity as an individual businessman forced to, or in connection with the entry into force of the court verdict, which punished by deprivation of the right to engage in entrepreneurial activity for a certain period of time or in connection with the cancellation of the document confirming the right to temporarily or permanently reside in the Russian Federation, or expiry of the document);
m) licensing information received by individual entrepreneur. ";
paragraph 2 take it paragraph 3 to read: "3. In case of changes contained in the public registers of information previously made information is saved. The order and terms of storage of registration authority contained in the public registers of documents, as well as their transfer to permanent storage in State archives shall be determined by the Government of the Russian Federation. ";
paragraph 3 as subclause 4 and it: the first paragraph shall be reworded as follows: "4. the records shall be entered in State registers on the basis of the documents presented for the State registration. Each record is assigned a registration number and for each entry specifies the Insert date her in the corresponding State Register. When there is a mismatch between the specified in paragraphs 1 and 2 of this article, information of public registers of information contained in the documents submitted at the State registration, the information referred to in paragraphs 1 and 2 of this article shall be deemed to be authentic before making the appropriate changes. ";
second paragraph, after the words "paragraph 1" add the words "and" m "paragraph 2";
paragraph 4 as subclause 5 to read as follows: "5. a legal person within three days from the date of the changes referred to in paragraph 1 of this article, information, except for the information referred to in subparagraph" m ", and individual entrepreneur within three days from the date of the changes referred to in paragraph 2 of this article, information, except for the information referred to in subparagraph" m "are required to notify the registration authority at the place of their residence and, respectively. If a change referred to in paragraph 1 of this article the information occurred in connection with changes in the constituent documents, making changes in the uniform State Register of legal persons shall be as provided for in chapter VI of the present Federal Act. ";
item 5 and 6 as subclause in it: in the first paragraph, after the word "persons", add the words "or an individual entrepreneur", the word "which" should be replaced by the word "which" should be inserted after the words "made in" supplement the word "appropriate";
in the second paragraph after the word "persons", add the words "and individuals", the words "State Register" should be replaced by the words "the unified State Register of legal entities and unified State Register of individual entrepreneurs";
articles 6 and 7 shall be amended as follows: "article 6. The provision contained in the public registers of information and documents 1. Contained in public registers information and documents are open and accessible to the public, except for information to which access is limited in accordance with the second subparagraph of this paragraph.
Passport information and other personal data of natural persons can be provided exclusively by bodies of State power, bodies of State non-budgetary funds in the cases and pursuant to procedure established by the Government of the Russian Federation. This restriction does not apply when you provide containing the information copies of constituent documents of legal persons, as well as information on the place of residence of the individual entrepreneurs.
2. the information contained in public registers information and documents about a specific legal entity or individual entrepreneur is granted in the form of extracts from the relevant public register;
a copy of document (s) contained in the corresponding State register;
certificate on absence of the information requested.

The form and order of provision contained in the public registers of information and documents shall be established by the Government of the Russian Federation.
3. Term of contained in public registers information and documents shall be established by the Government of the Russian Federation and may not be more than five days from the date of receipt of the request by the registering body.
4. the refusal contained in the public registers of documents and information, except for information to which access is limited in accordance with the second paragraph of paragraph 1 of this article shall not be permitted.
5. the proposals contained in the unified State Register of individual entrepreneurs, information about the place of residence of the particular individual entrepreneur registration authority can be granted only on the basis of a request submitted by the registering body directly in an individual, submit a document certifying his identity in accordance with the legislation of the Russian Federation.
The registering body on request of an individual entrepreneur is obliged to provide him with information on persons who have been granted in accordance with the first subparagraph of this paragraph, the information concerning his place of residence.
6. On the registration authority directly request any physical person, common document proving his identity in accordance with the legislation of the Russian Federation, the registration authority shall have the right to match contained in public registers information on personal data of a specific natural person with the specified query information. In this case, the registration authority provides help on line or nonconformity set forth in the request for information, the information contained in the public registers.
7. The form, procedure and term specified in paragraphs 5 and 6 of this article, information and references shall be established by the Government of the Russian Federation. While the deadline for their submission could not be more than five days from the date of submission of the request to the registration body.
Article 7. Conditions for the provision contained in the public registers of information and documents 1. The provision contained in the public registers of information and documents, as well as under paragraph 6 of article 6 hereof are carried out help for a fee, unless otherwise stipulated by federal laws.
Fees for the provision contained in the public registers of information and documents, as well as under paragraph 6 of article 6 hereof shall be established by the Government of the Russian Federation's help.
2. in the cases and pursuant to the procedure established by federal laws and regulations of the Government of the Russian Federation, the registering body provides free contained in public registers information and documents to the public authorities, including law enforcement agencies and courts on pending cases, local self-government bodies, organs of State non-budgetary funds, as well as certain federal laws persons.
3. Funds received in the form of fees for the provision contained in the public registers of information and documents, as well as under paragraph 6 of article 6 hereof for information used solely for the purpose of establishing, maintaining and developing the system of State registration, including for public registry. ";
Article 8 supplemented by paragraph 3 to read as follows: "3. the State registration of an individual entrepreneur shall be carried out at the place of his residence.";
Article 9: paragraph 1: in the first paragraph, the words "authorized person" should be deleted;
to complement the new third subparagraph to read: "the statement submitted to the registration authority verifies the signature of the authorized person (hereinafter the applicant), the authenticity of which must be certified by a notary. The claimant indicates the nameplate data or in accordance with the legislation of the Russian Federation, other data of an identity document and a taxpayer identification number (if any). ";
the third paragraph shall read as follows: "State registration of a legal entity by the applicants may be the following individuals:";
in the eighth paragraph of the words "the power of attorney or other" should be deleted;
the ninth and tenth paragraphs should be deleted;
supplemented by a paragraph reading: "When an individual entrepreneur's State registration by the applicant may be a natural person applying for registration, or is registered as a private entrepreneur.";
in paragraph 3: the first paragraph, after the words "registration authority" add the words "If documents are submitted by the applicant directly to the registration body";
in paragraph two, the word "In" should be replaced by the words "in the otherwise, including when";
in article 11, paragraphs 1, 2 and 3, after the words "in writing" to supplement the word "appropriate";

paragraph 4 after the words "person" add the words "or the individual businessman";
in subparagraph "b" article 12 the words "notary public certified" were replaced by the words "certified in due notarization order";
Article 13: in paragraph 2, the words "at the State registration of" were replaced by the words "for the State registration of legal persons when they are created";
paragraph 3 after the words "registration" shall be supplemented with the words "legal persons when they are created";
subparagraph b of paragraph 1 of article 14, the words "notary public certified" were replaced by the words "certified in due notarization order";
in article 15, paragraph 2, the words "State Register" should be replaced by the words "the unified State Register of legal entities";(Article 1 repealed in part replacing the words in paragraph 2 of article 15-federal law 03.12.2011 N 383-FZ) in article 16, paragraph 5, the words "State Register" should be replaced by the words "the unified State Register of legal entities";
in the name of Chapter VI of the words "public registry" were replaced by the words "the unified State Register of legal entities";
Article 17: in the name of the words "public registry" were replaced by the words "the unified State Register of legal entities";
in paragraph 2 the words "State Register" should be replaced by the words "the unified State Register of legal entities";
Article 18: in the name of the words "public registry" were replaced by the words "the unified State Register of legal entities";
the words "State Register" should be replaced by the words "the unified State Register of legal entities";
in paragraph 2 of article 19, the words "State Register" should be replaced by the words "the unified State Register of legal entities";
in paragraph 2 of article 20, the words "State Register" should be replaced by the words "the unified State Register of legal entities";
in paragraph 6 of article 22, the words "State Register" should be replaced by the words "the unified State Register of legal entities";
Supplement to Chapter VII-1 as follows: "Chapter VII-1. The STATE REGISTRATION of INDIVIDUAL ENTREPRENEURS Article 22-1. The order of State registration as an individual entrepreneur 1. When State registration as an individual entrepreneur shall be submitted to a registering body: a) signed by the applicant a statement of State registration approved by the Government of the Russian Federation;
b) a copy of the main document of a natural person to be registered as an individual entrepreneur (if a natural person registered as an individual entrepreneur, is a citizen of the Russian Federation);
in) a copy of the document, established by federal law or recognized in accordance with an international agreement of the Russian Federation as an identity document of a foreign citizen to be registered as an individual entrepreneur (if a natural person registered as an individual entrepreneur, is a foreign citizen);
g) a copy of a document provided for by federal law or recognized in accordance with an international agreement of the Russian Federation as an identity document of a stateless person, registered as an individual entrepreneur (if a natural person registered as an individual entrepreneur is a person without citizenship);
d) copy of birth certificate natural person registered as an individual entrepreneur, or a copy of a document confirming the date and place of birth of the person in question in accordance with the legislation of the Russian Federation or the International Treaty of the Russian Federation (in case the copy of the document proving the identity of the natural person registered as an individual entrepreneur, does not contain information about the date and place of birth of the person in question);
e) copy of the document confirming the right of a natural person to be registered as an individual entrepreneur, temporarily or permanently residing in the Russian Federation (if a natural person registered as an individual entrepreneur, is a foreign citizen or person without citizenship);
f) the original or a copy of the document confirming the order established by the legislation of Russian Federation address of the place of residence of a natural person to be registered as an individual entrepreneur, in the Russian Federation (in case the copy of the document proving the identity of the natural person registered as an individual entrepreneur, or a document certifying the right of a natural person to be registered as an individual entrepreneur, temporarily or permanently residing in the Russian Federation does not contain information about this address);

w) a notarized consent of the parents, adoptive parents, or curator on realization of enterprise activity by an individual registered as an individual entrepreneur, or a copy of marriage certificate natural person registered as an individual entrepreneur, or a copy of the decision of the Department of custody and guardianship or a copy of a court decision declaring a natural person to be registered as an individual entrepreneur, fully capable (if a natural person registered as an individual entrepreneur is a minor);
and) document on payment of the State fee.
2. submission of documents for the State registration as an individual entrepreneur shall be as provided for in article 9 hereof. While faithful to the copy of the document presented at the specified state registration, shall be certified by a notary, except if the applicant submits it directly to the registration body and represents at the same time to confirm the allegiance to such copy a document in original. The original is returned to the applicant when issuing the registration authority under paragraph 3 of article 9 hereof receipts.
3. State registration of physical persons as individual entrepreneur shall be carried out within the time limits specified in article 8 hereof.
4. it is not allowed to state registration of the physical person as a sole proprietorship, if not repealed its State registration as such or has not expired one year from the date of a court decision declaring it insolvent (bankrupt) in connection with the inability to satisfy the claims of creditors, related to the earlier of its business activities, or the decision to terminate forced his activity as an individual businessman or has not expired the term for which the person upon conviction is deprived of the right to engage in entrepreneurial activities.
Article 22-2. How to make changes in information about individual owner contained in the unified State Register of individual entrepreneurs 1. To make changes in information about individual owner contained in the unified State Register of individual entrepreneurs, are submitted to a registering body: a) signed by the applicant, a statement of registration in the unified State Register of individual entrepreneurs of the changes approved by the Government of the Russian Federation;
b) copy of the document confirming the change previously entered into the unified State Register of individual entrepreneurs information about an individual owner.
2. Submission of documents for registration in the unified State Register of individual entrepreneurs changes relating to information about an individual entrepreneur shall be as provided for in article 9 hereof. While faithful to the copy of the document confirming the change previously entered into the unified State Register of individual entrepreneurs information about an individual entrepreneur shall be certified by a notary, except if the applicant submits it directly to the registration body and represents at the same time to confirm the allegiance of the specified copy of the relevant document in original. The original is returned to the applicant when issuing the registration authority under paragraph 3 of article 9 hereof receipts.
3. entering into the unified State Register of individual entrepreneurs changes relating to information about an individual businessman, is carried out within the time limits specified in article 8 hereof.
4. In case of changes in the information about the individual businessman, in connection with the transfer to them of residence registration authority introduced into the unified State Register of individual entrepreneurs and forwards the appropriate entry in the case of registration the registration authority at the new place of residence of an individual entrepreneur.
Article 22-3. The order of State registration of the natural person upon termination of activities as a sole proprietorship 1. State registration of an individual at termination of activity as an individual businessman in connection with the adoption of the decision on the termination of the activity is carried out on the basis of submitted the following documents to the registration body: a) signed by the applicant, the application for State registration approved by the Government of the Russian Federation;
b) document about payment of the State fee.

2. State registration upon termination of activity as an individual businessman in connection with the death of the person is carried out on the basis of received registration authority in the manner prescribed by the legislation of the Russian Federation State registration information of the death of the person.
3. State registration at the termination of an individual activity as an individual businessman in connection with the adoption by the Court decision declaring it insolvent (bankrupt) is carried out on the basis of copies of court decisions on the recognition of its insolvent (bankrupt) received by the registration authority in the manner prescribed by the legislation of the Russian Federation.
4. State registration at the termination of an individual activity as an individual businessman forced to by court order is carried out on the basis of information provided in the registration authority in accordance with the procedure established by the legislation of the Russian Federation order copies of court decisions to cease the activity of the person as an individual entrepreneur.
5. the State registration of the physical person at the termination of the activity as an individual businessman in connection with the entry into force of the court verdict, which he punished by deprivation of the right to engage in entrepreneurial activity for a term, is carried out on the basis of information provided in the registration authority in accordance with the procedure established by the Government of the Russian Federation order information on the entry into force of the court verdict.
6. State registration at the termination of an individual activity as an individual businessman in connection with the cancellation of the document confirming the right of the person temporarily or permanently residing in the Russian Federation, or expiry of the document is performed based on the chrater registration authority in accordance with the procedure established by the Government of the Russian Federation information about cancellation of the document or on the basis of the expiry of its validity in the light of the recommendations in the State Register of information about this term.
7. Submission of documents for State registration of the natural person upon termination of activity as an individual businessman in connection with the adoption of the decision on the termination of the activity carried out in the manner provided for in article 9 hereof.
8. the State registration of the physical person upon termination of activities as a sole proprietorship is effected within the time limits specified in article 8 hereof.
9. State registration of physical persons as individual entrepreneur shall cease to have effect after making about this record in the unified State Register of individual entrepreneurs, except as provided in paragraphs 10 and 11 of this article.
10. In case of death of the natural person who is registered as an individual entrepreneur, his court insolvent (bankrupt), the termination of the enforcement of the Court decision as an individual entrepreneur, the entry into force of the court verdict, which he punished by deprivation of the right to engage in entrepreneurial activity for a term, the State registration of the person as an individual entrepreneur shall cease to have effect from the date of his death , a court decision declaring it insolvent (bankrupt) or on the cessation of forced his activity as an individual businessman, entry into force of the court verdict.
11. In case of cancellation of the document confirming the right of a foreign citizen or stateless persons temporarily or permanently reside in the Russian Federation, or the expiration of the specified document state registration data of an individual citizen as an individual entrepreneur shall cease to have effect from the date of cancellation of the document or the expiry of its validity. ";
in article 23, paragraph 1: sub-paragraph b the word "organ." should be replaced by the word "body";
complement subparagraph "b" as follows: ") envisaged by paragraph 2 of article 20, paragraph 4 or article 22-1 of the present Federal law.";
in paragraph 1 of article 24, the words "denial of submission or late submission of the information contained in the public register," were replaced by the words "unlawful denial or untimely provision contained in the public registers of information and documents, and other documents provided for in this federal law";
Article 25: the name after the word "persons" add the words "individual entrepreneur";
paragraph 1 shall be amended as follows:

"1. For failure to submit or late submission of necessary for inclusion in the public registers of information, as well as for the submission of inaccurate information, claimants, legal entities and (or) individual entrepreneurs shall bear responsibility, established by the legislation of the Russian Federation.";
supplemented by paragraph 3 to read as follows: "3. The registering body may apply to the Court with a demand to cease the activity of a natural person as a sole proprietorship in compulsorily in the event of repeated or gross violations of the law or other normative legal acts, regulating relations arising in connection with State registration of individual entrepreneurs.
Article 2. Documents on previously recorded individual entrepreneurs, stored in the organs carrying out State registration of physical persons as individual entrepreneurs to January 1, 2004 year are part of a federal information resource and be transferred to the authority responsible for the State registration of legal persons and individual entrepreneurs (hereinafter Registrar) to January 1, 2005 year as prescribed by the Government of the Russian Federation.
Article 3. Natural person registered as an individual entrepreneur prior to the entry into force of this federal law prior to January 1, 2005 year is obliged to submit to the registration authority at the place of their residence with the following documents: (a) a copy of the main document), the identity of the specified person as a citizen of the Russian Federation on the territory of the Russian Federation (if the person is a citizen of the Russian Federation);
b) a copy of a document, established by federal law or recognized in accordance with an international agreement of the Russian Federation as an identity document of a specified person as a foreign citizen (if the person is a foreign citizen);
a copy of the document) provided for by federal law or recognized in accordance with an international agreement of the Russian Federation as an identity document specified persons as persons without citizenship (if that person is either a stateless person);
g) copy of the birth certificate of a specified person or a copy of a document confirming the date and place of birth of the person in question in accordance with the legislation of the Russian Federation or the International Treaty of the Russian Federation (in case the copy of identity document of the specified person, does not contain information on his date and place of birth);
d) a copy of a document certifying the right of representation of a specified person temporarily or permanently residing in the Russian Federation (if the person is a foreign citizen or person without citizenship);
(e) the original or a copy of the document) certifying in the manner prescribed by the legislation of the Russian Federation address residence specified persons in the Russian Federation (in case the copy of identity document of the specified person, or a document certifying the right of representation of a specified person temporarily or permanently residing in the Russian Federation does not contain information about this address);
f) a document confirming state registration of that person as an individual entrepreneur.
Submission of these documents shall be as provided for in article 9 of the Federal law dated August 8, 2001 N 129-ФЗ "about the State registration of legal entities and individual entrepreneurs". While faithful to the copy of the document provided under this article shall be certified by a notary, unless specified in the first subparagraph of paragraph 1 of this article an individual (hereinafter also referred to as applicant) is such a copy directly to the registration body and represents at the same time to confirm the allegiance to such copy a document in original. The original is returned to the applicant when issuing the registration authority under paragraph 3 of article 9 of the Federal law dated August 8, 2001 N 129-ФЗ "about the State registration of legal entities and individual entrepreneurs" receipts.
Write about an individual registered as an individual entrepreneur prior to the entry into force of this federal law, shall be paid by the registration authority in the unified State Register of individual entrepreneurs based on the submitted in accordance with this article documents within the period under paragraph 1 of article 8 of the Federal law dated August 8, 2001 N 129-ФЗ "about the State registration of legal entities and individual entrepreneurs". The registering body not later than one working day from the moment of this writing betrays (sends) the applicant proof of registration in the unified State Register of individual entrepreneurs.

In the event of default by an individual registered as an individual entrepreneur prior to the entry into force of this federal law, the duties provided for under the present article State registration of the person as an individual entrepreneur from January 1, 2005 onwards shall cease to have effect. While the person after that date are entitled to register as a sole proprietorship in the manner laid down by federal law from August 8, 2001 N 129-ФЗ "about the State registration of legal entities and individual entrepreneurs".
Article 4. This federal law shall enter into force on January 1, 2004 year, except for part two of this article, which shall enter into force from the day of official publication of this federal law.
The Government of the Russian Federation from the day of official publication of this federal law and pending its entry into force, to issue normative statutory acts, which should ensure the implementation of the Federal law dated August 8, 2001 N 129-ФЗ "about the State registration of legal persons" subject to alternations in it by this federal law changes and additions into the part of the State registration of individual entrepreneurs.
The President of the Russian Federation v. Putin Kremlin, Moscow, N June 23, 2003 76-FZ

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