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On Amendments To The Federal Law "on State Registration Of Legal Entities And Individual Entrepreneurs" And In Article 49 Of The Civil Code Of The Russian Federation

Original Language Title: О внесении изменений в Федеральный закон "О государственной регистрации юридических лиц и индивидуальных предпринимателей" и в статью 49 Гражданского кодекса Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW On amendments to the Federal Law on State Registration of Legal Persons and Individual Entrepreneurs and Article 49 Civil Code of the Russian Federation adopted by the State Duma on June 17, 2005 class="doclink " href=" ?docbody= &prevDoc= 102098613&backlink=1 & &nd=102356112 "target="contents" title= " "> dated 21.07.2014 N 241-FZ) Article 1 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3431; 2003, N 26, est. 2565; N 52, sect. 5037; 2004, N 45, sect. (4377) The following changes: 1) the subparagraph "and" of paragraph 1 of Article 5 to read: " and) the manner in which the legal entity shall be terminated (by reorganization, liquidation, or by exclusion from the sole) The State Register of Legal Persons by Decision of the Registration Authority); "; 2) the title of Chapter VII is supplemented by the words" OR EXCLUSION OF LEGAL PERSONNEL FROM THE UNIFORM STATE REGISTER OF LEGAL PERSONS AUTHORITY "; 3) to supplement articles 21 to 1 as follows: " Article 21-1. Exclusion of a legal person who has ceased to operate from a single state registry of legal persons by decision of the registering body 1. The legal entity that, during the last twelve months preceding the adoption of the relevant decision by the registering body, did not submit the accounting documents provided for in the legislation of the Russian Federation on taxes and The fees were not collected, and transactions were not carried out at least in one bank account, and it is recognized that the activities in fact have ceased to be terminated (hereinafter referred to as the invalid legal person). Such a legal person may be excluded from the single State register of legal persons in the manner prescribed by this Federal Act. 2. Subject to the presence of all the signs of an invalid legal person referred to in paragraph 1 of this article, the registrant shall decide on the impending exclusion of a legal entity from the single State Register of Legal Persons (hereinafter referred to as "the State Register of Legal Persons"). decision on the forthcoming exemption). 3. The decision on the impending exemption should be published in the press, which published data on the state registration of a legal entity within three days of the decision. At the same time, information on the procedure and timing of the application by the non-performing legal entity, creditors or other persons whose rights and legitimate interests are affected by the exclusion should be published An inoperative legal entity from the single State Register of Legal Persons (hereinafter referred to as the application), with an indication of the address on which applications may be sent. 4. Applications may be issued no later than three months after the date of the publication of the decision on the impending exemption. In the case of applications, the decision to exclude a non-performing legal entity from a single State register of legal persons is not accepted and such a legal person may be liquidated in accordance with civil law "; 4) in article 22: (a) the name to be supplemented by the words" or when an invalid legal entity is excluded from a single State Register of Legal Persons "; b) to supplement paragraphs 7 to 9 of the following Content: " 7. If, within the period provided for in paragraph 4 of article 21-1 of this Federal Law, applications are not forwarded, the registering body excludes the non-performing legal entity from a single public registry of legal persons by entering into it the corresponding entry. 8. The exclusion of a non-performing legal entity from a single State register of legal persons may be appealed by creditors or other persons whose rights and lawful interests are affected by the exclusion of a non-performing legal entity from the State Register of Legal Persons. a single public register of legal persons, within one year of when they learned or should have been aware of the violation of their rights. (Spconsumed by Federal Law of 21.07.2014) N 241-FZ ) 5) paragraph 2 of article 26, paragraph 3, should read: " Failure to comply with this requirement is the basis for the exclusion of such a legal entity from a single public registry Legal persons in the manner prescribed by this Federal Act concerning the exclusion of invalid legal persons. ". Article 2 Paragraph 1 of article 49, paragraph 3, part one Civic OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3301), amend to read: " 3. The legal capacity of a legal entity arises at the time of its creation and terminates at the time of the recording of its exclusion from the unified state register of legal entities. ". Article 3 1. This law shall enter into force on the date of its official publication. 2. Article 21 (1) of the Federal Act of 8 August 2001 (No. 129-FZ) on State registration of legal persons and for individual entrepreneurs " shall apply if it expired before the entry into force of this Federal Law or within one year from the date of its entry into force. 3. The procedure for excluding non-performing legal persons from the single State register of legal persons, as provided for in the Federal Act of 8 August 2001 "On the state registration of legal entities and individual entrepreneurs" (in the wording of this Federal Law, the legal entities registered before the entry into force of the Federal Law dated August 8, 2001" On State Registration of Legal Persons and Individual Entrepreneurs " or before the entry into force of this Federal Act Act of 8 August 2001 amending the Federal Act on the State Registration of Legal Persons and Individual Entrepreneurs. President of the Russian Federation Vladimir Putin Moscow, Kremlin 2 July 2005 N 83-FZ