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On Amendments To The Federal Law "on State Registration Of Legal Entities And Individual Entrepreneurs"

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

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RUSSIAN FEDERATION FEDERAL LAW On amendments to the Federal Law on State Registration of Legal Persons and Individual Entrepreneurs Accepted State Duma of the State Duma on July 4, 2014 Approved by the Federation Council on 9 July 2014 Article 1 Article 1 Amend the Federal Law dated August 8, 2001 N 129-FZ " On State Registration OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3431; 2003, N 26, est. 2565; N 50, sect. 4855; N 52, sect. 5037; 2004, N 45, sect. 4377; 2005, N 27, sect. 2722; 2007, N 7, sect. 834; N 30, est. 3754; N 49, sect. 6079; 2008, N 18, sect. 1942; N 30, sect. 3616; 2009, N 1, stop. 19, 20, 23; N 29, st. 3642; N 52, stop. 6428; 2010, N 21, st. 2526; N 31, st. 4196; N 49, sect. 6409; N 52, sect. 7002; 2011, N 27, sect. 3880; N 30, est. 4576; N 49, sect. 7061; 2012, N 14, sect. 1553; N 31, st. 4322; N 53, sect. 7607; 2013, N 26, est. 3207; N 30, sect. 4084; N 44, est. 5633; N 51, sect. 6.6699; 2014, N 14, est. 1551; N 19, est. 2312) the following changes: 1) Article 2 should be amended to read: " Article 2. State Registration Authority State Registration is carried out by an authorized Government OF THE PRESIDENT OF THE RUSSIAN FEDERATION VIII-1 to read: " Chapter VIII-1. DISAPPEARANCES IN PUBLIC REGISTRATION OR DESIGN IN STATE REGISTRATION Article 25-1. The right to appeal 1. The person concerned shall have the right to appeal against the decision of the registering body about the State registration or refusal of State registration if, in the opinion of that person, such a decision violates his or her rights. 2. A complaint for the purposes of this chapter recognizes the appeal of the person concerned to a higher territorial registering body (hereinafter referred to as the parent body), as well as to the federal executive authority, which is authorized to do so. Article 2 of this Federal Act, which is the subject of an appeal against the decision of the registering body for State registration or refusal of State registration. Article 25-2. Appeals procedures 1. The decision of the territorial registering body on state registration can be appealed to the parent registering body and to the federal executive authority authorized by article 2 of this Federal Act. The law, by filing a complaint in accordance with the procedure established by this Federal Law, and (or) is subject to judicial review. The decision of the territorial registering body to refuse State registration may be appealed to the higher registering body by filing a complaint in accordance with the procedure established by this Federal Act. The decision of the territorial registry of refusal of a State registration may be appealed to the court and/or to the federal executive authority authorized by article 2 of this Federal Act only after To appeal to a higher registrant. In the event that the superior body for the territorial registry is the federal executive authority empowered by article 2 of this Federal Act, the decision to refuse The State registration shall be appealed to the federal executive authority authorized by article 2 of this Federal Act and (or) to the court. In the event that a decision on the decision to refuse a state registration is not taken by the higher registrant within the deadlines set out in article 25-6, paragraph 4, of this Federal Act, the decision to refuse State registration may be appealed to the federal executive authority authorized by article 2 of this Federal Law and (or) to the courts. 2. The decision taken by the registrating body on the results of the examination of the complaint against the decision on state registration or refusal of state registration may be appealed to the federal executive authority, authorized by in accordance with article 2 of this Federal Law, and (or) to the court. The decision taken by the federal executive body empowered by article 2 of this Federal Act, as a result of the examination of a complaint under this article, shall be appealed against by a court of law. 3. In the case of judicial review of the decision of the registering body, which was left unchanged by the superior registering body or the federal executive authority authorized under article 2 of this Federal Act The law, the time period for seeking the court shall be calculated from the time when the complainant has received notification of the decision or the decision of the registering body competent to hear the complaint. In the event that a person who has filed a complaint has not been submitted additional documents in accordance with article 25-6, paragraph 1, of this Federal Act and no notification has been received of the decision taken or the present The decision of the registering body competent to hear the complaint shall be calculated on the date of expiry of twenty-five working days from the date of filing of the complaint. In the case of a person who has filed a complaint within twenty-five working days of receipt of article 25-6, paragraph 4, paragraph 4, of this Federal Act, the registrant's decision To examine the complaint, no decision has been received, as stipulated in article 25, paragraph 4, paragraph 4, of this Federal Act, the person in question has the right to appeal against the decision of the registering body in court. 4. A person who has filed a complaint may withdraw it prior to a decision on the complaint by sending a written application to the registering body dealing with the complaint. Article 25-3. Order and deadlines for filing a complaint 1. A complaint against the decision of the registering body shall be submitted to the higher registering body or to the federal executive body authorized by article 2 of this Federal Act, through the registering body whose decision is is the subject of an appeal or directly to the registering body competent to hear the complaint. The filing of a complaint through the registering body, the decision of which is to be appealed, is considered to be a complaint to the superior registering body or to the Federal Executive. In the case of a complaint directly to the registering body competent to hear a complaint, a higher registrant or federal executive body authorized under article 2 of the present report The Federal Act requires the registering body to appeal against the decision complained of and the documents which have resulted in the contested decision. The registering body, whose decision is the subject of an appeal, is obliged to lodge a complaint with the documents on which the contested decision was taken, to the higher registering body or to the federal authority The competent authority, in accordance with article 2 of this Federal Act, shall within three days from the date of receipt of the complaint or the request referred to in paragraph 2 of this paragraph. 2. A complaint may be submitted to a higher registrant or to a federal executive body authorized under article 2 of this Federal Act, within three months of the date on which the person was or should have known. Violation of their rights, unless otherwise provided by this Federal Act. If a complaint is filed against a refusal of State registration, if the person concerned is the applicant for State registration, the complaint may be submitted to the higher registering body or to the federal authority Executive power, authorized under article 2 of this Federal Act, within three months of the date of receipt of the decision of the registering body to refuse State registration. If the person concerned declines to obtain a decision, the time limit for lodging a complaint begins with the day when the person has learned or should have been aware of the violation of his or her rights. A complaint against a decision of a higher registrant may be lodged with the federal executive authority authorized in accordance with article 2 of this Federal Law within three months from the date of adoption by a higher authority The registrant of the decision on the complaint against the decision of the territorial registry office. 3. In the event of a decal of the filing of a complaint, the time limit for filing a complaint is restored by the registrant or by the federal executive authority authorized in accordance with article 2 of this Federal Law. Article 25-4. Form and content of the complaint 1. The complaint shall be submitted in writing and may be sent by mail, submitted directly or in the form of an electronic document signed by electronic signature, using information and telecommunication networks Total use, including the Internet. The complaint shall be signed by the person who submitted the complaint or by his representative. The complaint states: (a) the surname, name and (if any) the patronymic, the place of residence of the person filing the complaint, or the name and address (location) of the legal person filing the complaint; b) the information about the complaint the decision of the registering body; in) the name of the registering body whose decision is appealed; g) the grounds on which the person filing the complaint considers that his/her rights are violated; (d) the request of the person filing the complaint The complaint. 2. The complaint may include telephone numbers, faxes, e-mail addresses and other information necessary for the timely processing of the complaint. 3. In the event of a complaint by the designated representative of the person filing the complaint, the complaint shall be accompanied by the documents confirming the credentials of the representative. 4. The complaint may be accompanied by documents confirming the arguments of the person filing the complaint. Article 25-5. Leaving a complaint without consideration 1. The higher registering body or the federal executive authority, in accordance with article 2 of this Federal Act, leaves the complaint unattended if it finds that: (a) the complaint is not signed by the person; Complaints submitted by the complainant or by his or her representative, or not submitted in accordance with the procedure established and confirming the authority of the representative to sign the complaint; b) lodged after the deadline for submission of the complaint by this Federal Act, and does not make a request for its reinstatement or in the restoration of the missed deadline for submission of a complaint; in) before a decision was made on the complaint by the complainant, the complaint was withdrawn; g) a complaint was filed on the same subject and on the same grounds challenges; d) there is a court or tribunal ruling that has entered into force on the same subject and on the same grounds of challenge. 2. The registering body reviewing the complaint shall decide to leave the complaint without consideration within five working days from the day of receipt of the complaint or the withdrawal of the complaint in the manner prescribed by this Federal Law, and in the case of Paragraph 1, subparagraph (d) of this article, within the time limit prescribed by article 25, paragraph 4, of this Federal Act. The decision taken within three days from the date of its adoption shall be communicated in writing to the complainant. 3. The submission of a complaint shall not, without consideration, prevent a person from resubmitting a complaint, except in cases where the complaint has been abandoned on the grounds set out in subparagraphs (b) to (d) of paragraph 1 of this article. Article 25-6. Consideration of the complaint 1. In the course of the examination of the complaint, the person who filed the complaint before taking a decision is entitled to submit additional documents supporting his arguments. 2. The higher registering body or the federal executive authority, in accordance with article 2 of this Federal Act, shall, without the participation of the complainant, consider the complaint, documents supporting the arguments of the person, of the complainant, the additional documents submitted in the course of the examination of the complaint, the material submitted by the registering body. 3. According to the outcome of the complaint, the superior registering body or the federal executive authority, in accordance with article 2 of this Federal Act, shall take one of the following decisions: (a) cancellations The decision of the registering body; b) to leave the complaint without satisfaction. 4. The decision on the complaint shall be taken by the superior registering body or by the federal executive authority authorized in accordance with article 2 of this Federal Act, within fifteen working days from the date of its receipt in the order, established by this Federal Act. This period may be extended by the head (deputy head) of a higher registrant or federal executive authority authorized in accordance with article 2 of this Federal Act, Receipt of additional documents (information) from the registering body (information) required for the examination of a complaint or submission by the complainant of additional documents, but not more than 10 working days. Decision of the head (deputy head) of a higher registrant or federal executive body authorized under article 2 of this Federal Act to extend the review period The complaint shall be presented or forwarded to the complainant within three working days of the date of the decision. The decision of the superior registering body or federal executive authority, which is authorized under article 2 of this Federal Law, shall be given or sent to the person on the basis of the examination of the complaint; The complainant is also referred to the registering body no later than the day following the date of the decision. 5. In case of cancellation of the decision of the registering body to refuse state registration, the registering body is obliged to rule on documents submitted for state registration up to no more than five working days from the date of receipt Decisions of the superior registering body or of the federal executive authority authorized under article 2 of this Federal Act. In the event that the decision on state registration at the time of the decision on the outcome of the review of the complaint contradicts the records made in the single state register of legal entities or a single state registry In the case of individual entrepreneurs, after the date of the decision to refuse State registration, but before the date of the decision on the outcome of the complaint, a decision is made to refuse the state registration. If the registrant's decision is revoked, the registering body is obliged to record a record within a period of not more than five working days from the date of receipt of the decision of the parent registering body; or A federal executive body authorized under article 2 of this Federal Law. ". Article 2 Paragraph 4 of article 1, paragraph 4, of the Federal Act Article 3 This Federal Law shall enter into force 30 days after its official publication. President of the Russian Federation Vladimir Putin Moscow, Kremlin 21 July 2014 N 241-FZ