RUSSIAN FEDERATION FEDERAL LAW On introducing changes to selected Russian Federation legislative acts in part of the revision of the protection of rights of creditors with reduced charter capital, changes requirements for economic societies in case of non-conformity of authorized capital net assets value Adopted by the State Duma on July 6, 2011 On 13 July 2011, the Federation Council approved the draft resolution. class="ed">(In the version of federal laws of 30.11.2011) N 362-FZ; dated 29.12.2014 N 457-FZ) Article 1 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1; 2001, N 33, article 3423; 2006, N 31, sect. 3445; 2009, N 52, sect. 6428) The following changes: 1) the first paragraph of article 30, paragraph 2, should read: " 2. The notification of the decline in the authorized capital of the society shall state: "; 2), article 35, paragraph 3, shall be amended to read: " 3. The value of net assets of the company (excluding credit organizations) is determined according to the accounting data in accordance with the procedure established by the authorized Government of the Russian Federation by the federal executive. For a credit institution, the value of net assets is calculated instead of the value of the net assets, determined in accordance with the procedure established by the Central Bank of the Russian Federation. The Society is obliged to ensure that any person concerned has access to the value of its net assets determined in accordance with this article, in accordance with the procedure set out in article 91, paragraph 2, of this Federal Act. " (In the wording of Federal Law No. N 362-FZ Article 2 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 785; 2009, N 1, sect. (20) The following changes: 1) in article 20: a), paragraph 3 should be redrafted to read: " 3. Within three working days after the decision of the society to reduce its authorized capital, the public is obliged to report the decision to the entity conducting the state registration of legal entities, and twice at once a month Publish to the press office that publishes data on the state registration of legal entities, notice of reduction of its authorized capital. "; b) paragraph 4 should read: " 4. In the notification of the decline of the company's charter capital: 1) the full and abbreviation of society, the location of the society; (2) the size of the authorized capital of the society and the value to which it is Reduced; 3) the method, order and conditions for the reduction of the authorized capital of the society; 4) the description of the order and conditions of the creditor application by the society of the claim referred to in paragraph 5 of this article, with the address (s) (a) A permanent executive organ of a society; Additional addresses to which such requirements may be claimed, as well as ways of communicating with the society (telephone, fax, e-mail and other information). "; , paragraph 5, amend to read: " 5. A creditor of the society, if the rights of the claim arose prior to the publication of the notice of the reduction of the company's share capital, shall be entitled not later than thirty days from the date of the last publication of such a notice to be required by the society the early fulfilment of the obligation and, if the obligation is not fulfilled early, the obligation to terminate it and to recover the resulting loss. The statute of limitations for the application of this requirement shall be six months from the date of the last publication of the notification of the reduction of the authorized capital of the society. "; ) to supplement paragraph 6 with the following: " 6. The court may refuse to satisfy the requirement set out in paragraph 5 of this article if the society proves that: 1), as a result of the reduction of its authorized capital, the rights of creditors are not violated; 2) The security provided is sufficient for the proper performance of the relevant obligation. "; 2) Article 30 should read as follows: " Article 30. Foundations and net assets of society 1. The Society may set up a reserve fund and other funds in the order and size of the society's statutes. 2. The value of net assets of the company (excluding credit organizations) is determined according to the accounting data in accordance with the procedure established by the authorized Government of the Russian Federation by the federal executive. For a credit institution, the value of net assets is calculated instead of the value of its own funds (capital), determined in accordance with the procedure established by the Central Bank of the Russian Federation. The Society is obliged to ensure that any person concerned has access to the value of its net assets determined under this article in the manner prescribed by article 50, paragraph 4, of this Federal Act. Law. (Paragraphs 4 to 6 of paragraph 2 of the Federal Law of 30.11.2011). N 362 F) 3. The annual report of the society should include a section on the state of the net assets of the society in which: 1) the indicators of changes in the value of net assets and the company's charter capital for the last three completed financial year, including the reporting year, or, if the society exists for less than three years, for each completed fiscal year; 2) the analysis of the causes and factors that, in the opinion of the individual executive organ of the society, of directors (supervisory board) (in the case of education in the society of the said council), resulted in the value of net assets of the society less than its authorized capital; (3) a list of measures to bring the value of the company's net assets into line with its authorized capital. 4. If the value of the net assets of a society is less than its authorized capital at the end of the fiscal year following the second fiscal year or every subsequent financial year, at the end of which the value of the company's net assets is less than six months after the end of the relevant fiscal year, the company is obliged to take one of the following decisions: (1) to reduce the authorized capital of the society to no greater than the cost of its net assets; 2) the elimination of society. " Article 3 Article 3 of the Federal Law of 8 August 2001 (No. 129-FZ) " On State Registration of Legal Persons and OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3431; 2003, N 26, est. 2565; N 50, sect. 4855; N 52, sect. 5037; 2005, N 27, sect. 2722; 2007, N 7, sect. 834; N 30, est. 3754; N 49, sect. 6079; 2008, N 30, est. 3616; 2009, N 1, stop. 20, 23; N 52, sect. 6428; 2010, N 31, stop. 4196; N 49, sect. 6409; Russian newspaper, 2011, 2011, 4 July) the following changes: 1) in article 5 (1): (a), in subparagraph (o), in the word "joint-stock company", replace the words "economic society"; (b), subparagraph "f". power; 2) Chapter II to supplement Article 7-1 as follows: " Article 7-1. The procedure for publishing information provided by true Federal Law 1. Information to be published in accordance with the legislation of the Russian Federation on the State registration of legal persons, as well as other particulars referred to in paragraph 7 of this article, shall be entered in the Single Federal Register of Information on The facts of the activities of legal persons. 2. The unified federal register of information about the activities of legal entities is a federal information resource and is formed by providing it with the information provided for by this Federal Law. The information contained in the Federal Register of Facts about the activities of legal entities is public and public, except for information which is restricted in accordance with the legislation of the Russian Federation. THE RUSSIAN FEDERATION Information contained in the Single Federal Register of facts of legal persons is to be placed on the Internet Information and Telecommunications Network. Formation and maintenance of the Single Federal Register Information on the facts of the activity of legal entities is carried out by the operator of the Unified Federal Register of facts about the activities of legal entities. For the purposes of this Federal Act, the operator of the Unified Federal Register of Information on the Activities of Legal Persons is a legal entity registered in the territory of the Russian Federation. by means of ensuring the formation and maintenance of the said register in electronic form and selected for the exercise of these functions in the order and in accordance with the criteria established by the Government Plenipotentiary of the Russian Federation The Federation is a federal executive.
The procedure for selecting the operator of the Unified Federal Register of facts about the activity of legal entities is established by the federal executive authority empowered by the Government of the Russian Federation and should ensure The possibility of participation in the selection of all persons meeting the criteria established by that body. 3. The procedure for the establishment and maintenance of the Single Federal Register of facts about the activities of legal entities, including the procedure for the formation of this register in electronic form, the procedure and deadlines for legal entities to be introduced and the federal authorities empowered to do so. The executive branch, which is responsible for the registration of legal persons, the information in the Unified Federal Register of information on the activities of legal entities, the order, the period and the price of their placement in the information and telecommunications network "Internet", the type of electronic signature used to make them available in the United The federal register of information about the activities of legal entities shall be established by the authorized Government of the Russian Federation by the federal executive authority and shall not be an obstacle to the rapid and free access of any person the person concerned in the information contained in the register. 4. The responsibility for the correctness and correctness of the information provided in the unified federal register on the facts of the activity of legal persons and placed in the Internet telecommunications network is carried by the person who made the relevant information Information in the Single Federal Register of legal entities ' activities. 5. A person who, in accordance with this Federal Law, other federal laws, normative legal acts of the federal executive authority empowered by the Government of the Russian Federation, to make information in the United States A federal register of information about the activities of legal entities, signs information in electronic form, including relevant information, electronic signature, if not otherwise established by the legislation of the Russian Federation. 6. Information on the activities of legal entities, the legal entity responsible for providing relevant information, is placed on the Internet Information and Telecommunications Network of the Internet. in progress. Placement in the information and telecommunications network of the "Internet" of the above-mentioned information by the state authorities, local self-government bodies is carried out without charging. 7. The following information is required to be entered into the Single Federal Register of facts about the activities of legal persons: (a) a record of the establishment of a legal entity (including the establishment of a legal entity through reorganization); (b) A record that a legal entity is in the process of reorganization;
in a record that a legal entity is in the process of liquidation; g) the decision of the authorized federal executive authority; the State Registration of Legal Persons to be forthcoming excluding a legal entity from a single State Register of Legal Persons; d) recording of the exclusion of a legal entity from a single State register of legal persons or the liquidation of a legal entity; e) recording of The termination of a unitary enterprise, whose property package has been sold as a privatisation or as a contribution to the authorized capital of an open joint stock company; a record of a decrease or increase in the authorized capital; z) record of appointment or termination of the sole authority executive body of a legal entity; and) record of the change of address (location) of legal person; c) information on the value of the net assets of a legal entity that is a joint-stock company, at the last reporting period L) the value of the net assets of a legal entity, a limited liability company, in the cases provided for by the Federal Act of 8 February 1998, No. 14-FZ "On Societies with Restricted Liability". liability; m) information about obtaining a licence, suspension, renewal of license, license renewal, revocation of license or termination of a specific activity license; n) details of the determination by the arbitral tribunal about the introduction of surveillance; o) information provided by other federal laws; p) other information that the legal person makes at its discretion, with the exception of information that is restricted OF THE PRESIDENT OF THE RUSSIAN FEDERATION 8. The information referred to in paragraph 7 of this article, as well as other particulars entered into by the Federal Register of Information on the facts of the activities of legal entities, shall be subject to the law of the Russian Federation. The inclusion in the federal register of the facts of the activity of legal persons by the person who is responsible for the publication of the relevant information, except for the information which has been entered into the Unified Federal Register of Facts Legal entities are the responsibility of the Commissioner The federal executive branch, which is responsible for the State registration of legal entities. The Commissioner of the federal executive body, which performs state registration of legal entities, submits to the Unified Federal Register of facts of activity of legal entities the information specified in subparagraphs (a) to (a) and (ii). OF THE PRESIDENT OF THE RUSSIAN FEDERATION 9. The information, which is the responsibility of the authorized federal executive body for the State registration of legal entities, shall be subject to the incorporation into the federal register of facts of the activities of legal persons. The introduction into the Single Federal Register of the facts of the activities of legal persons not later than five days after the introduction of this information into a single state register of legal entities. Information to be entered in the Single Federal Register of Fact-Finding of Legal Persons by a person who has an obligation to publish relevant information, except for the information that has been introduced in the United States The federal register of information about the activities of legal entities is the responsibility of the authorized federal executive body, which performs state registration of legal entities, to be registered in the Unified State Federal Register of Information on the Activities of Legal Persons Three working days from the date of occurrence of the relevant fact. 10. The operator of the Single Federal Register of facts about the activities of legal entities denies the entity carrying out the particulars referred to in paragraph 7 of this article in the Single Federal Register of facts about the activities of legal entities. persons, in the application of the relevant information to the register and (or) to be placed in the Internet Information and Telecommunications Network on the following grounds: (a) information in electronic form, including relevant information information, not signed by the electronic signature of the designated entity, In the United Federal Register of Information on the Activities of Legal Persons (BFact), the subject of the United Federal Register of Facts about the activities of legal entities did not make payment The posting of information in the Internet Information and Telecommunications Network of the United Federal Register of Facts about the Activities of Legal Persons. "; 3) Article 17, paragraph 5, shall be declared invalid. Article 4 Paragraph 1 of Article 28 of the Federal Law of October 26, 2002 N 127-FZ " On insolvency (...) (...) 4190; 2008, N 30, sect. 3616; 2009, N 1, stop. 4; 2011, N 1, article 41; N 19 2708), amend to read: " 2. The single federal bankruptcy register is a federal information resource and is formed by incorporating into it the information provided for by this Federal Law. The single federal bankruptcy register is an integral part of the Unified Federal Register of Information on the Activities of Legal Persons. ". Article 5 Paragraphs 4 and 5 of paragraph 1 and subparagraph (a) Article 6, paragraph 2, of the Federal Law of 27 December 2009 No. 352-FZ " On amendments to selected legislative acts of the Russian Federation in the part of the review of restrictions on economic societies in the The authorized capital, the revision of the requirements for the protection of the rights of creditors in the case of non-conformity of the share capital of the value of net assets, the revision of the restrictions connected with the capital (Russian Federation Law Assembly, 2009, No. 6428) be declared invalid. Article 6 1. This Federal Act shall enter into force on 1 January 2012, with the exception of article 3, paragraph 2, and article 4 of this Federal Act. 2. Article 3, paragraph 2, and article 4 of this Federal Law shall enter into force on 1 January 2013. 3. OF THE PRESIDENT OF THE RUSSIAN FEDERATION A unified federal register of information about the activities of legal entities (including the procedure for the formation of this register in electronic form), the procedure and deadlines for the submission by legal entities and the authorized federal executive branch, the State registration of legal persons, A unified federal register of facts about the activities of legal entities, order, deadlines and prices of their accommodation in the information and telecommunications network "Internet", the type of electronic signature used for submitting them to the Single Federal Register In the case of legal persons, within six months of the definition by the Government of the Russian Federation of such a body, it is obliged to approve the legal acts aimed at the creation of the Unified Federal Register of Information on Legal entities, formation and accessibility of legal persons The information contained therein is fully available through the provision of relevant information in information and telecommunications networks, which are not restricted to a certain number of persons. 4. Before the results of an open competition for the definition of the operator of the Single Federal Register of facts of legal entities ' activities, its formation and maintenance are carried out by the organization with the rights and duties of the Unanimo operator Federal Register of Bankruptcy Details in accordance with this Federal Law. (...) (...) N 457-FZ) President of the Russian Federation Dmitry Medvedev Moscow, Kremlin 18 July 2011 N 228 FZ
