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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 Law "On State Registration of Legal Persons" Accepted by the State Duma on June 4, 2003 approved by the Federation Council on June 11, 2003(Federal Act dated 03.12.2011 N 383-FZ Article 1. To amend the Federal Law of 8 August 2001 No. 129-FZ "On State Registration of Legal Persons" (Legislative Assembly of the Russian Federation). Federation, 2001, N 33, Art. 3431) the following changes and additions: The name should read: "On State registration of legal entities and individual entrepreneurs"; parts first and second of article 1, set out in as follows: " This Federal Law regulates relations arising out of the State registration of legal persons in their creation, reorganization and liquidation, when amending their constituent instruments, State registration of natural persons as individual 1. Entrepreneurs and State registration with the cessation of the activities of individuals as sole proprio entrepreneurs, as well as in connection with the maintenance of public registers, the single State register of legal entities and single-source legal entities The State Register of Individual Entrepreneurs. State registration of legal entities and individual entrepreneurs (hereinafter referred to as State registration)-acts of the authorized federal executive authority exercised through incorporation into the public sector Register of information on creation, reorganization and liquidation of legal entities, acquisition by individuals of the status of an individual entrepreneor, cessation of activities by individuals as individual entrepreneurs, other information on and the Individual Entrepreneurs of the of the present Federal Law. "; , in the name of article 2, the words" legal persons "should be deleted; Chapter II's title should read: " Chapter II. PUBLIC REGISTRIES "; in article 4: in the name of the word" public registry "shall be replaced by the words" public registries "; in paragraph 1: in the first word, the public registry shall be maintained; "to replace" with the words "liquidation of legal entities" to supplement the words ", acquisition by individuals of the status of an individual entrepreneor, cessation of natural persons as individual entrepreneurs, Other information on legal persons, individual entrepreneurs "; in the second paragraph of the" public registry "should be replaced with" public registries "; paragraph 3 should read: "Public registers are federal information resources."; in paragraph 4 of the word "State registry is" replaced by "State registries are maintained", the words "public registry" are replaced by the words "State registry". "public registries"; in paragraph 5 of the paragraph Replace "public registry" with "public registries"; in paragraph 2 of the word "public registry" shall be replaced by "state registries"; in article 5: in the name of the word "public" replace by the words "public registries"; in the first and sub-paragraph 1 (a) of paragraph 1 of the word "public registry" should be replaced with the words "a single public registry of legal persons": to supplement the new paragraph 2 , to read: " 2. The Single State Register of Individual Entrepreneurs contains the following particulars of the individual entrepreneo: (a) the surname, name and (if any) the middle name in Russian (for foreign citizens and persons without Such information shall be further specified by means of the letters of the Latin alphabet on the basis of the information contained in the identity document in accordance with the laws of the Russian Federation; b) the floor; (c) date and place of birth; g) citizenship (if no An individual entrepreneor of citizenship is stated: "stateless person"); d) place of residence in the Russian Federation (the address is the name of the subject of the Russian Federation, the region, the city, the other populated area, the streets, The number of the house, the apartment, where the individual entrepreneor is registered at the place of residence in accordance with the procedure established by the legislation of the Russian Federation (hereinafter referred to as the address of the place of residence); e) the data of the main document, OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION The international treaty of the Russian Federation as a document certifying the identity of a foreign national (in the case of an individual entrepreneor is a foreign citizen); s) the type and data of the document envisaged by federal law or recognized by the The international treaty of the Russian Federation as a document certifying the identity of a stateless person (if the individual entrepreneor is a stateless person); and) the type, data and duration of the document, The right of an individual entrepreneor to reside temporarily or permanently in the Russian Federation (if the individual entrepreneor is a foreign national or stateless person); , the date of the State Registration of a natural person as an individual The employer and the document confirming that the State Register of individual entrepreneurs entered into a single state register; L) the date and manner of termination of the activity in The quality of an individual entrepreneor (either in relation to death or in connection with a court decision on recognition of insolvent (bankrupt) or cessation of activities as an individual entrepreneor in forced labour) Order of the Court, or in connection with the entry into force of the sentence The penalty of deprivation of the right to engage in entrepreneurial activity for a certain period of time, or in connection with the cancellation of a document confirming the right to reside temporarily or permanently in the Russian Federation or the expiry of the period of validity the given document); m) information about licenses received by an individual entrepreneor. "; paragraph 2 read as paragraph 3 and restate it as follows: " 3. If the information contained in public registers is changed, the information previously provided shall be retained. The procedure and deadlines for the retention by the registering body of documents contained in public registers and the procedure for their transfer to permanent storage in State archives shall be determined by the Government of the Russian Federation. "; paragraph 3 Paragraph 4 and therein: the first paragraph should read: " 4. Records are entered in State registries on the basis of documents submitted by the State registration. Each record shall be assigned a State registration number and each record shall be specified with the date of incorporation into the relevant State registry. In accordance with paragraphs 1 and 2 of this article, the particulars referred to in the documents submitted during the State registration shall be deemed to have been inconsistent with the particulars referred to in paragraphs 1 and 2 of this article. reliable before they are amended. "; paragraph 2, after the words" paragraph 1 ", add" and paragraph 2 "of" paragraph 2 "; paragraph 4, read as paragraph 5 and read as follows: " 5. Legal entity within three days of the modification of the particulars referred to in paragraph 1 of this article, except for the particulars referred to in subparagraph "m", and the sole proprietor within three days of the modification of the particulars referred to in paragraph 2. of this article, except for the particulars referred to in subparagraph "m", are obliged to report it to the registering body at its place of residence and residence respectively. In the event that the modification of the particulars referred to in paragraph 1 of this article has occurred in connection with the amendment of the constituent instruments, the amendment of a single State register of legal persons shall be effected in the manner prescribed by the Head of State. VI of this Federal Law. "; paragraph 5 read as paragraph 6 and in it: in the first paragraph after the word" persons "to be supplemented with the words" or an individual entrepreneor ", the word" which "should be replaced by" which "after the words" have been inserted ". in addition to the word "appropriate"; in the second paragraph after In addition to the words "individual entrepreneurs", the words "the public register" should be replaced by the words "a single public register of legal persons and a single public register of individual entrepreneurs"; Articles 6 and 7 should read as follows: " Article 6. { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } { \b } The information and documents contained in public registers shall be public and public, except for information which is restricted in accordance with paragraph 2 of this paragraph. Information on passport and other personal data of individuals can be provided exclusively to the public authorities, to the bodies of state extrabudgetary funds in the cases and in accordance with the procedure established by the Government of the Russian Federation. This restriction does not apply to the provision of copies of the constituent documents of legal persons, as well as information about the place of residence of individual entrepreneurs. 2. The information and documents in the public registers of a specific legal person or sole proprio are provided in the form of: statements from the relevant public registry; copy of the document (documents) contained in the relevant public registry; help about the absence of the requested information. The Government of the Russian Federation establishes the form and procedure for the provision of information and documents contained in State registers. 3. The period for the provision of information and documents contained in public registers shall be established by the Government of the Russian Federation and may not be more than five days from the date of receipt by the registering body of the relevant request. 4. Refusal to provide information and documents contained in public registers, with the exception of information which is restricted in accordance with paragraph 2, paragraph 2, of this article, shall not be permitted. 5. The information contained in the single State register of sole proprio mots of the place of residence of a particular individual entrepreneor can be provided by the registering body only on the basis of a request submitted by the registrant. directly in the registering body by a natural person presenting a document certifying his identity in accordance with the legislation of the Russian Federation. The Registrar, upon request by an individual entrepreneor, is obliged to provide him with information on persons who have received, in accordance with the first paragraph of this paragraph, information about his or her place of residence. 6. According to the request submitted directly to the registering body, any natural person presenting a document certifying his or her identity in accordance with the legislation of the Russian Federation, the registering body is entitled to settle the State registries provide information on the personal data of a particular individual with the information contained in the request. In this case, the registrant shall be provided with a certificate of conformity or inconsistency of the information contained in the request for information contained in public registers. 7. The Government of the Russian Federation shall establish the modalities, procedure and time limit for the provision of information and inquiries referred to in paragraphs 5 and 6 of this article. However, the period of their submission may not be more than five days from the date of submission to the registering body of the relevant request. Article 7. The conditions for providing the information and documents contained in 1. The provision of information and documents contained in State registers, as well as article 6, paragraph 6, of this Federal Act, shall be made available for payment unless otherwise stipulated by federal law. The Government of the Russian Federation establishes the fee for the provision of information and documents contained in public registers and documents, as well as provided for in article 6, paragraph 6, of this Federal Act. 2. In cases and in the manner prescribed by federal laws and regulations of the Government of the Russian Federation, the registering body provides information and documents to the public free of charge in public registers State authorities, including law enforcement agencies and courts in cases, local self-government bodies, bodies of state extrabudgetary funds and certain federal laws. 3. Funds received in the form of payment for the provision of information and documents contained in public registers, as well as in article 6, paragraph 6, of this Federal Act, shall be used exclusively for the purpose of establishing, maintaining and maintaining and the development of a system of State registration, including for the maintenance of State registries. "; Article 8, should be supplemented with paragraph 3 as follows: " 3. State registration of individual entrepreneurs takes place at his place of residence. "; in article 9: in paragraph 1: in the first paragraph by the" authorized person " delete; to supplement the new one third paragraph: " The declaration submitted to the registering body shall be authenticated by the signature of the authorized person (hereinafter referred to as the applicant), the authenticity of which is to be certified by the notary. In doing so, the applicant shall indicate his passport data or, in accordance with the laws of the Russian Federation, the data of the other identification document and the identification number of the tax payer (if any). "; paragraph 3 The following wording should be amended: "When a legal entity is registered by the State, the applicants may be the following natural persons:"; , in the eighth paragraph of the word "power of attorney or other", delete; paragraphs 9 and 9 Tenth delete; to be added to the next paragraph content: "The applicant may be a natural person who applies for State registration or is registered as an individual entrepreneor with the State registration of an individual entrepreneor."; in paragraph 3: paragraph 1 after the words "receipt by the registering body" is supplemented by the words "in case documents are submitted to the registering body directly by the applicant"; in the second paragraph of the word "A" Replace with "Otherwise, including"; in the article 11: paragraphs 1, 2, and 3 after the words "entry in" add "relevant"; paragraph 4 after the word "person" to add "or sole proprio"; in article 12 of the word "notarial" "to be replaced by the words" certified by a notary "; in article 13: in paragraph 2 of the word" State registration "shall be replaced by the words" for the State registration of legal persons at the time of their registration ". creating "; paragraph 3 after" registration " with words "legal persons in their establishment"; in article 14, paragraph 1 (b), of the words "notarized", replace the words "notarized"; in article 15, paragraph 2, the words "public registry" Replace the words "a single State register of legal persons";(Article 1 is no longer in force for the replacement of the words in article 15, paragraph 2-Federal Act dated 03.12.2011 N 383-FZ) In article 16, paragraph 5, the words "public registry" shall be replaced by the words "a single public register of legal persons"; , in the title of Chapter VI, replace the words "public registry" with the words "a single entity". State Register of Legal Persons "; in article 17: in the name of the word" public registry "shall be replaced by the words" a single public registry of legal persons "; , in paragraph 2, the words" public registry " Replace the words "a unified state register of legal entities"; In article 18: , in the name of the word "public registry", replace the words "single state register of legal persons"; Replace the words "public register" with the words "a single public register of legal entities". persons "; , in article 19, paragraph 2, the words" public registry "shall be replaced by the words" a single public register of legal persons "; , in article 20, paragraph 2, the words" public registry "shall be replaced with the words" a single public registry Legal Persons "; Article 22, paragraph 6, of the The "public register" shall be replaced by the words "a single public register of legal persons"; to be supplemented by Chapter VII-1 as follows: " G l in a VII-1. Public REGISTRATION OF INDIVIDUAL ENTERPRISES Article 22-1. Procedures for State registration of a physical person as an individual entrepreneor 1. The State registration of a natural person as an individual entrepreneor in the registering body is: a) the applicant's application for state registration in a form approved by the Government Russian Federation; b) a copy of the main document of an individual registered as an individual entrepreneor (if the individual registered as an individual entrepreneor is a citizen) of the Russian Federation); c) a copy of the document; established by a federal law or recognized under an international treaty of the Russian Federation as a document certifying the identity of a foreign national registered as an individual entrepreneor (in the case of If an individual registered as an individual entrepreneor is a foreign national; g) a copy of a document provided for by a federal law or recognized under an international treaty THE RUSSIAN FEDERATION The identity of a stateless person to be registered as an individual entrepreneor (if the individual registered as an individual entrepreneor is a stateless person); d) copy of the certificate of The birth of a person registered as an individual entrepreneor or a copy of another document confirming the date and place of birth of the said person in accordance with the law of the Russian Federation or international treaty OF THE PRESIDENT OF THE RUSSIAN FEDERATION The identity of an individual registered as an individual entreprenely does not include the date and place of birth of the specified person); e) a copy of the document confirming the right of the individual, registered as an individual entrepreneor, temporarily or permanently residing in the Russian Federation (in the case of an individual registered as an individual entrepreneor is a foreign national or a person without nationality); (g) an original or a copy of the document confirming OF THE PRESIDENT OF THE RUSSIAN FEDERATION The identity of a natural person registered as an individual entrepreneor or a document confirming the right of a natural person to be registered as an individual entrepreneor, temporarily or permanently residing in the Russian Federation federation, does not contain information about this address); z) notarized consent of the parents, adoptive parents or guardians for the conduct of business by a natural person registered as an individual entrepreneor, or a copy of the certificate of marriage A natural person registered as an individual entrepreneor, or a copy of the decision of the tutelage and guardianship authority, or a copy of the court's decision to declare the individual registered as an individual entrepreneor capable (if the person being registered as The individual entrepreneor is a minor); and) a document on the payment of the State duty. 2. The submission of documents for the State registration of a natural person as an individual entrepreneor is carried out in accordance with the procedure provided for in article 9 of this Federal Law. However, fidelity to the copy of the document submitted at the specified State registration must be notarized, unless the applicant submits it to the registering body directly and represents, at the same time, the original copy of the document in order to prove the fidelity of the copy. This original shall be returned to the applicant on the basis of the receipt by the registering authority of article 9, paragraph 3, of this Federal Act. 3. State registration of an individual as an individual entrepreneor is carried out within the time limits provided for in article 8 of this Federal Law. 4. State registration of a natural person as an individual entrepreneor is not permitted provided that his or her State registration has not ceased to be effective in that capacity, or the year of the court's decision to recognize him or her has not expired insolvent (bankrupt) because it is impossible to satisfy the creditors ' claims arising from its business activities or the decision to terminate it as an individual or the term for which the person has been deprived of his or her sentence has not expired The right to engage in entrepreneurial activity. Article 22-2. The order in which you make changes to the individual entreprenely contained in the sole state register of the individual entrepreneurs 1. In order to modify the particulars of the individual entrepreneirer contained in the Single State Register of Individual Entrepreneurs, the registering body is represented by: a) the applicant's application for A single State register of individual entrepreneurs, changes in the form approved by the Government of the Russian Federation; b) a copy of the document confirming the change of the previously registered individual state register Businessmen of information about the individual entrepreneor. 2. The submission of documents for the introduction into the single state register of individual entrepreneurs of changes relating to information about the individual entrepreneor is carried out in the manner provided for in article 9 of this Federal Law. At the same time, the authenticity of the copy of the document confirming the change of the previous to the single state register of individual entrepreneurs is to be certified in the notarial order. the exception of the case where the applicant submits it to the registering body directly and represents it at the same time as proof of fidelity of the copy in question in the original. This original shall be returned to the applicant on the basis of the receipt by the registering authority of article 9, paragraph 3, of this Federal Act. 3. The introduction into the single State register of individual entrepreneurs of changes relating to information about an individual entreprenely is carried out within the time limits provided for in article 8 of this Federal Law. 4. In case of changes to the information about the individual entrepreneor due to change of place of residence, the registering body enters the individual business register of the individual entrepreneurs and forwards it to the individual entrepreneurs Registration case to the registrant for the new place of residence of an individual entrepreneor. Article 22-3. The order of state registration under termination by a natural person of activity as an individual entrepreneor 1. State registration with the cessation of activities by an individual as an individual entrepreneor in connection with the decision to terminate the activity is carried out on the basis of the submitted to the registering body The following documents: (a) the application signed by the applicant for State registration in the form approved by the Government of the Russian Federation; (b) of the State duty document. 2. State registration in the event of the termination of the activity of a natural person as an individual entrepreneor in connection with the death of the person in connection with the death of a person is carried out on the basis of the registered body in the established legislation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. State registration in the case of an individual's termination as an individual entrepreneor in connection with the court's decision to declare him insolvent (bankrupt) is carried out on the basis of a copy of the court's decision on recognition of his insolvent (bankrupt) admitted to the registering body in accordance with the procedure established by the law of the Russian Federation. 4. State registration in the case of termination by a natural person of activity as an individual entrepreneor by decision of the court is carried out on the basis of the information received by the registering body in the established legislation The Russian Federation shall be provided with a copy of the court's decision to terminate the activity of the individual as an individual businessman. 5. State registration when an individual is terminated as an individual entrepreneor in connection with the entry into force of a court sentence to which he or she has been sentenced to deprivation of the right to engage in entrepreneurial activity Activities for a certain period of time shall be carried out on the basis of the information received by the registering body in the procedure established by the Government of the Russian Federation concerning the entry into force of the sentence in court. 6. State registration with the cessation of activities by a natural person in connection with the cancellation of a document confirming the right of the person to reside temporarily or permanently in the Russian Federation, or The expiry of the period of validity of the said document shall be carried out on the basis of the information received by the registering body in the procedure established by the Government of the Russian Federation for the cancellation of the said document or on the basis of the expiry of the period in the light of the information contained in the State register the term. 7. The submission of documents for State registration with the cessation of the activity of an individual as an individual entrepreneor in connection with his decision to terminate the activity shall be carried out in the manner provided for in the decision. Article 9 of this Federal Law. 8. State registration in the case of termination of an individual activity as an individual entrepreneor is carried out within the time limits provided for in article 8 of this Federal Law. 9. State registration of an individual as an individual entrepreneor loses the force after the entry into the single State register of individual entrepreneurs, except as provided for in paragraphs 10 and 9. 11 of this article. 10. In the event of the death of a natural person registered as an individual entrepreneor, by his court insolvent (bankrupt), enforced by a court decision as an individual The State registration of such a person as an individual entrepreneor is responsible for the entry into force of the court's sentence and the penalty of deprivation of the right to engage in entrepreneurial activity for a certain period of time. ceases to have effect from the time of his death, and the court's decision on Recognition of his insolvent (bankrupt) or the termination of his or her activities as an individual entrepreneor, the entry into force of the said sentence. 11. In case of cancellation of a document confirming the right of a foreign citizen or stateless person to reside temporarily or permanently in the Russian Federation, or the end of the period of validity of the said document, state registration of data A citizen or a person acting as an individual shall cease to have effect from the day of cancellation or termination of the said document. "; , article 23, paragraph 1: , in subparagraph (b), the word" organ ". Replace the word "authority"; with the following subparagraph: "(in) article 20, paragraph 2, or article 22, paragraph 4, of this Federal Law."; , article 24, paragraph 1, of the word " denial of Submission or late submission of information contained in the public registry "shall be replaced by the words" unlawful refusal to grant or for the late provision of information and documents contained in public registers; other documents referred to in this Federal Act "; In article 25: The name after the word "person" is supplemented by the words ", the individual entrepreneor"; paragraph 1, amend to read: " 1. Failure to submit or late submission of information required for inclusion in State registers, as well as for misinformation, legal entities and (or) individual entrepreneurs are responsible, OF THE PRESIDENT OF THE RUSSIAN FEDERATION The registering body has the right to apply to the court for termination of the activity of a natural person as an individual entrepreneor, in the event of repeated or gross violations of laws or other regulations. legal acts governing relations arising out of the State registration of individual entrepreneurs. ". Article 2. Documents on previously registered individual entrepreneurs held by the authorities, State registration of natural persons as individual Until 1 January 2004, they are part of the federal information resource and are to be transferred to the body, which performs state registration of legal entities and individual entrepreneurs (hereinafter the registering body), up to 1 January 2005, in accordance with the procedure established by the Government of the Russian Federation. Article 3. A physical person who is registered as an individual entrepreneor before the entry into force of this Federal Law is required to submit the following documents to the registering body at the place of residence before 1 January 2005: (a) A copy of the principal identity document of the designated person as a national of the Russian Federation in the territory of the Russian Federation (if the person is a citizen of the Russian Federation); b) copy. of a document established by federal law or recognized under of the Russian Federation as a document certifying the identity of a designated person as a foreign national (if the person is a foreign national); in) a copy of the document by a federal law or recognized under an international treaty of the Russian Federation as a document certifying the identity of the person concerned as a stateless person (if the person is a stateless person); g) a copy of the birth certificate of the named person or copy OF THE PRESIDENT OF THE RUSSIAN FEDERATION a copy of a document confirming the person's right to reside temporarily or permanently in the Russian Federation (if the person is foreign by a citizen or stateless person); e) original or copy OF THE PRESIDENT OF THE RUSSIAN FEDERATION The document confirming the person's right to reside temporarily or permanently in the Russian Federation does not contain information about such an address; g) a document confirming that the person is registered as State registration an individual entrepreneor. Document presentation is performed in the manner provided for in article 9 of the Federal Law of 8 August 2001 N 129-FZ " State registration of legal entities and individual entrepreneurs ". However, fidelity of a copy of the document submitted in accordance with this article shall be certified by a notary, except if the person referred to in the first part of the first paragraph of this article is a natural person (hereinafter referred to as the same). -The applicant shall submit such a copy to the registering body directly and shall submit the original document at the same time to confirm the correctness of the copy. This original shall be returned to the complainant when he is issued by the registering body under article 9, paragraph 3, of the Federal Law of 8 August 2001, 129-FZ "On State registration of legal entities and individual entrepreneurs" of the receipt. A record of a physical person registered as an individual entrepreneant before the entry into force of this Federal Law is entered by the registering body into a single state register of individual entrepreneurs pursuant to article 8, paragraph 1, of the Federal Law of 8 August 2001 129-FZ " On State registration of legal entities and individual entrepreneurs. " The registering body shall, no later than one working day from the date of entry of this record, issue a document confirming that the record has been entered into a single State register of individual entrepreneurs. In the case of non-performance by an individual registered as an individual entrepreneor before the entry into force of this Federal Law, as provided for in this article, State registration of the data The individual as an individual as from 1 January 2005 shall cease to be in force. This person is entitled to register as an individual after that date in the manner prescribed by Federal Law dated August 8, 2001 N 129-FZ "On State registration of legal entities and individual entrepreneurs". Article 4. This Federal Act shall enter into force on 1 January 2004, with the exception of part two of this article, which shall enter into force on the date of the official publication of this Federal Law. The Government of the Russian Federation, from the date of the official publication of this Federal Law, and before its entry into force, issue the normative legal acts that must ensure the implementation of Federal Law N 129-FZ" On State Registration of Legal Persons ", dated 8 August 2001, subject to changes and completions made by this Federal Law. State registration of individual entrepreneurs. President of the Russian Federation Vladimir Putin Moscow, Kremlin 23 June 2003 N 76-FZ