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On Amendments To The Federal Law "on The Development Of Small And Medium-Sized Enterprises In The Russian Federation And Certain Legislative Acts Of The Russian Federation

Original Language Title: О внесении изменений в Федеральный закон "О развитии малого и среднего предпринимательства в Российской Федерации" и отдельные законодательные акты Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW On Amendments to Federal Law "On Small and Medium Enterprise Development in the Russian Federation" and selected Russian legislation Adopted by the State Duma on June 22, 2016 Approved by the Federation Council on June 29, 2016 Article 1 Article 1 Amend the federal law 1) in article 3: (a), add the words ", its subsidiaries"; b) to supplement paragraph 6 with the following: " 6) a professional participant securities market, clearing organization, managing company of the investment fund, mutual fund and non-State pension fund, specialized depository of the investment fund, mutual fund and mutual funds Non-State Pension Fund, equity investment fund, a credit institution, an insurance organization, a non-State pension fund, a trade organizer, a credit consumer cooperative, a microfinance organization. "; 2) in article 4: (a) Part 1-1 Subparagraphs (a) and (b), of the Convention on the Elimination of all forms of Discrimination against Women (art. (investment funds) are owned by no more than twenty-five per cent Shareholders-foreign legal entities and (or) legal entities other than small and medium-sized enterprises own not more than forty-nine percent of voting shares of shareholders of society. "; b) in Part 4 replace the word" article "by" article "; 3) in article 4-1: (a) Part 3 add the following: " 12) Other information to be included in a single registry of small and medium-sized enterprises in accordance with federal laws or OF THE PRESIDENT OF THE RUSSIAN FEDERATION In order to maintain a single register of small and medium-sized business entities, holders of securities registries submit to the authorized body an annual list of joint-stock companies in which the shareholders are the Russian Federation, The constituent entities of the Russian Federation, municipal entities, public and religious organizations (associations), charitable and other funds (excluding investment funds) own no more than twenty-five per cent of voting shares. of society, and the shareholders are foreign legal entities and (or) legal entities which are small and medium-sized businesses, owns no more than forty-nine percent of the voting shares of the company. The list shall be based on the information held by the holders of the securities holders ' registries as at 1 July of the current calendar year. "; in Part 7 of the word" in Part 6 "be replaced by the words" in Parts 6 and 6 to 1 of this article "; 4) in article 7: (a), paragraph (5), should be supplemented with the words", as well as the peculiarities of the participation of small and medium-sized businesses in the procurement of goods, works and services by certain types of legal entities "; (b) paragraph 7 supplementing with the words ", organizations that make up the support infrastructure for the principal and medium entrepreneurship "; 5) in article 8: (a) Part 1, after the words" providing support to small and medium-sized businesses, "should be supplemented with the words" small and medium-sized enterprise development corporation, subsidiary organs, organizations that form the infrastructure of support for small and medium-sized businesses, "; (b) Part 2, paragraph 1, should read: " 1) the names of those providing support to the body, organizations, indicating that support has been provided by the Corporation for the Development of Small and medium enterprise, its subsidiaries; "; in) Part 3, after the words" local authorities, "to supplement the words" the corporation for the development of small and medium-sized enterprises, its subsidiaries, the organizations that make up support infrastructure for small and medium-sized businesses, and "; 6) in article 15: (a) in Part 2 of the word" (microfinance organizations of entrepreneurial finance) "to be replaced by the words" (hereinafter referred to as "microfinance institutions") the organization of business financing), The management of technology parks (technology parks), technopoles, science parks, industrial parks, industrial parks, agro-industrial parks, social innovation centres, centres of certification, standardization and Testing, Popular Arts Support Centres, Rural and Ecotourism Development Centres, multifunctional centres for the provision of public and municipal services to small and medium-sized businesses business "; b) in Part 3 of the words" by the Commissioner The Government of the Russian Federation, the federal executive, "shall be replaced by the federal executive body responsible for the formulation of public policies and regulatory and regulatory measures in the field of development". business activities, including medium and small business ", to be supplemented by the words" unless otherwise specified by this Federal Law "; in) Part 4, in addition to the words", and included in accordance with Article 15-1 of this Federal Act in the registers of organizations that make up the infrastructure Support for small and medium-sized businesses "; 7) to supplement articles 15-1-15-3 as follows: Article 15 -1. { \cs6\f1\cf6\lang1024 } Registry { \cs6\f1\cf6\lang1024 } { \b } { \b } { \b } { \b The Small and Medium Enterprise Development Corporation maintains a single register of organizations that form the infrastructure of support for small and medium-sized businesses (hereinafter referred to as the single registry of support infrastructure organizations). 2. The executive body of the constituent entity of the Russian Federation forwards to the Corporation for the Development of Small and Medium Enterprises: 1) information about the organizations that form the infrastructure to support small and medium-sized entities OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the State programmes (subprogrammes) of the constituent entities of the Russian Federation Municipal programmes (subprogrammes), other federal programmes for small and medium-sized enterprise development, regional small-and medium-sized enterprise development programmes and small and medium-sized municipal development programmes; and The relevant requirements of the federal executive body, which is responsible for the development of public policies and regulatory and regulatory measures in the field of business development, including the middle and the malog business; 2) information about the organizations that make up The infrastructure of support for small and medium-sized businesses created or created wholly or partly by means of the budgets of the constituent entities of the Russian Federation and (or) local budgets on the territory of the relevant subject of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION of medium enterprise, excluding organizations, The relevant provisions of paragraph 1 of this Part and the relevant requirements of the regulatory legal act of the constituent entity of the Russian Federation. 3. A single registry of infrastructure organizations supporting the development of small and medium-sized enterprises also includes organizations that have the right, under federal law, to perform the functions of the organizations that make up the infrastructure Support for small and medium-sized businesses. 4. Maintenance of a single registry of support infrastructure organizations, the form of its maintenance, the composition of the information contained in such a registry, the requirements for technological, programmatic, linguistic, legal and organizational means Such a registry as well as the particulars prescribed in paragraphs 1 and 2 of part 2 of this article, the time frame, the order and the form thereof shall be established by the federal executive authority responsible for the development of such a registry. public policy and regulatory framework for development entrepreneurial activities, including small and medium-sized businesses. 5. Information contained in a single registry of support infrastructure organizations is publicly available to individuals and legal entities, is posted in the form of open data, as well as on the official website of the Corporation for Small and Medium Development Entrepreneurship, the official websites of information support of small and medium-sized enterprises in the information and telecommunication network Internet. Article 15 -2. The requirements for the Loan Assistance Funds and their activities 1. The Loan Assistance Fund (guarantee fund, surety) (hereinafter referred to as the regional guarantee organization) is a legal entity, one of the founders (participants) or shareholders (if the regional guarantee organization) is a joint-stock company) which is a constituent entity of the Russian Federation and which carries out activities aimed at providing access to small and medium-sized businesses and (or) organizations that make up the infrastructure for supporting small and -Median entrepreneurship, credit and other financial resources, development of surety system and independent guarantees based on credit contracts, loan contracts, financial lease agreements (leasing), contracts for granting Bank guarantees and other contracts to the obligations of small and medium-sized enterprises and (or) organizations that form the infrastructure of support for small and medium-sized businesses. 2. The Regional Guarantee Organization shall maintain separate accounts of earmarked funding made available from budgets at all levels and shall make such funds available in separate bank accounts. 3. The accounting (financial) reporting of the regional guarantee organization shall be subject to an annual mandatory audit. The selection of an audit organization for the purpose is conducted by a regional guarantee organization on a competitive basis. 4. Regional guarantee organizations are entitled to invest and/or to place temporarily free funds in accordance with the procedure established by the federal executive authority responsible for the formulation of public policy; Legal and regulatory regulation in the field of business development, including small and medium-sized businesses. 5. The Regional Guarantee Organization, together with the requirements of Parts 1 to 3 of this Article, shall comply with the requirements of the regional guarantee organizations and their activities established by the federal executive authority. authorities exercising public policy and regulatory functions in the area of business development, including medium and small businesses, which include: 1) order Determination of the scope of support by regional guarantee organizations The performance of small and medium-sized businesses and organizations that form the infrastructure of support for small and medium-sized businesses, obligations; (2) requirements for audit organizations and the procedure for selecting them; (3) The procedure for determining the amount of surety and (or) independent guarantees to be issued in the next fiscal year; 4) the procedure for determining the allowable loss in relation to the performance of obligations Independent Guarantees and Treaties surety, ensuring the performance of the obligations of small and medium-sized enterprises and (or) organizations that form the infrastructure of support for small and medium-sized businesses; 5) the procedure for selecting subjects small and medium-sized enterprises, organizations that form the infrastructure of support to small and medium-sized businesses, credit organizations and other financial institutions, access to credit and other resources the requirements of this article and their requirements and Conditions for the interaction of regional guaranteeing organizations with them in the granting of surety and independent guarantees; 6) the procedure and conditions for granting surety and (or) independent guarantees by regional guarantee organizations. guarantees to small and medium-sized businesses and organizations that make up the infrastructure of support for small and medium-sized businesses; 7) the procedure for calculating remuneration for regional guarantees (a) The organization of guarantees and (or) independent guarantees; 8) the form of reports on the activities of regional guarantee organizations and the procedure for providing these reports; 9) other requirements related to the performance of regional guaranteeing organizations. 6. The regional guarantee organizations, on a monthly basis to the fifth day of the month following the reporting, publish information support sites for small and medium-sized businesses and (or) on their official websites in the official websites Internet Information and Telecommunications Network on the amount of surety and (or) independent guarantees issued during the reporting period and the registers of small and medium-sized businesses that are recipients of such support. 7. The assessment of compliance by regional guarantee organizations with the requirements of this article is carried out annually by the Corporation for the Development of Small and Medium Enterprises, in accordance with the procedure established by the Federal Executive The role of public policy and regulatory regulation in the area of business development, including small and medium-sized businesses. 8. In the case of small and medium-sized enterprise development by the Corporation for the development of small and medium-sized enterprises, non-compliance by regional guaranteeing organizations with the requirements set out in this article, as well as the requirements established under Part 5 of this Regulation. Articles, the Corporation for the Development of Small and Median Entrepreneurship is turned to the federal executive body, which carries out the functions of formulating public policy and regulatory and legal regulation in the sphere of enterprise development. activities, including medium-sized and small businesses, for adoption Decisions will be made in accordance with the budgetary laws of the Russian Federation, including termination, suspension of subsidies. Article 15 -3. Requirements for the regional guarantee organization 1. The members of the management bodies of the regional guarantee organization may be persons with higher education and work experience of not less than five years. The Chief Accountant of the Regional Guarantee Organization must have higher education and seniority in accounting, accounting (financial) accounting or auditing, at least three years from The last five calendar years. 2. The members of the board of directors (supervisory board), members of the collegiate executive body, the sole executive body of the regional guarantee organization cannot be: 1) persons who have exercised the functions of a single person The executive body of the financial organizations at the time the organizations committed the violations for which they were revoked (revoked) of the licence to carry out the relevant activities or for which violations were suspended the specified licenses and the specified licenses were revoked (withdrawn) as a result of the failure to rectify these violations, if less than three years have elapsed since the date of such revocation (revocation); 2) persons for whom they are deemed to have been subjected to administrative punishment in the The kind of disqualification; (3) persons who have an unfixed or uncleared criminal record for crimes in the field of economic activity or crimes against State authority. 3. The current member of the board of directors (supervisory board) of the regional guarantee organization shall, on the occurrence of the circumstances referred to in paragraphs 1 to 3 of Part 2 of this Article, shall be deemed to have discharged from the date of entry into force of the relevant decision. competent authority. "; 8) in article 16: (a) in Part 5 of the phrase" on the basis of relevant information received from the supporting federal executive authorities, the executive authorities of the entities OF THE PRESIDENT OF THE RUSSIAN FEDERATION (b) Part 6 should read: " 6. In order to carry out the monitoring provided for in part 5 of this article, providing support to the federal executive authorities, the executive authorities of the constituent entities of the Russian Federation, the bodies of local self-government, the organization, SMEs that form the infrastructure of support for small and medium-sized businesses, provide information to small and medium-sized businesses on small and medium business entities and organizations, which form the infrastructure of support for small and medium-sized entities Entrepreneurship, support and the results of such support. The composition of this information, the timing, the order and the form of its submission are set by the federal executive body responsible for the formulation of public policy and regulatory and legal regulation in the area of development. business activities, including small and medium-sized businesses. "; 9) Article 18 should be supplemented with Part 4-5 as follows: " 4-5. The amount of the preferential rates of rent under contracts for property included in the lists referred to in part 4 of this article shall be determined by the normative legal act of the Government of the Russian Federation, the normative legal acts of the entities Russian Federation, municipal legal acts. "; 10) in article 25-1: (a) in Part 4: to supplement paragraph 8-2 with the following content: " 8-2) develops in the light of the proposals of all-Russian of non-profit organizations representing the interests of small and medium enterprises of entrepreneurship, other interested organizations and proposals by the federal executive body, which is responsible for the formulation of public policy and regulatory and regulatory framework in the area of enterprise development. activities, including medium and small business, guidance and other materials on financial (including credit, guarantee), property, information, marketing and other support to small and medium-sized entities (including with a view to promoting their development as potential suppliers (performers, contractors) in the procurement of goods, works and services by individual customers identified by the Government of the Russian Federation in accordance with Federal Act No. 223 of 18 July 2011 "On the procurement of goods, works and services of certain types of legal entities", which are approved by the board of directors of small and medium-sized enterprise development corporation, and provides them to state and local government bodies, to small and medium-sized businesses and organizations that form the infrastructure of support for small and medium-sized businesses, banks, other organizations supporting small and medium-sized businesses; "; , in paragraph 9 of the words" microfinance institutions, as set out in article 15, paragraph 2, of this Federal Act "shall be replaced by the words" microfinance institutions "; to supplement paragraph 12-1 as follows: " 12-1) organizes and holds in The procedure established by the federal executive On the implementation of the State policy and regulatory framework in the area of business development, including small and medium-sized businesses, the assessment of compliance by regional guarantee organizations Article 15-2 of this Federal Law of Requirements; "; to supplement paragraph 12-2 with the following content: " 12-2) refers to the federal executive authority exercising the functions of drafting public policy and regulatory framework for development Business activities, including medium-sized and small businesses, in case of non-compliance by regional guarantee organizations with the requirements of Article 15-2 of this Federal Law for Decision-making, of the Russian Federation's budget legislation, including termination, suspension of subsidies; "; to supplement paragraph 12-3 with the following content: " 12-3) carries out a single registry of small and medium-to-medium infrastructure Entrepreneurship; "; b) in Part 9 of the words" to establish advisory bodies, "to be deleted, after the words" capital of legal entities, "to be supplemented with the words" including organizations that form the infrastructure to support small and medium-sized entities business, "; in) in Part 10, the word" organizations " should be deleted. Article 2 In paragraph 1 of Article 161-1 of the Russian Federation Law of 7 February 1992 No. 2300-I " On the protection of rights Federal Act No. 2-FZ of 9 January 1996 (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, No. 15, art. 766; Legislative Assembly of the Russian Federation, 1996, No. 3, sect. 140; 2014, No. 19, art. 2317) the words "proceeds from the sale of goods (performance, services) without accounting for value added tax or the book value of assets (residual value of fixed assets and intangible assets) to be replaced by" Income from business activities, defined in accordance with the procedure established by the laws of the Russian Federation on taxes and fees, ". Article 3 href=" ?docbody= &prevDoc= 102403346&backlink=1 & &nd=102048387 " target="contents"> dated 21 July 1997 No. 122-FZ "On State Registration of Rights to Immovable Property and Transactions" (Legislative Assembly of the Russian Federation, 1997, No. 30, art. 3594; 2001, No. 16, sect. 1533; 2002, No. 15, est. 1377; 2003, No. 24, sect. 2244; 2004, No. 30, sect. 3081; No. 27, sect. 2711; No. 35, sect. 3607; 2005, No. 1, sect. 22, 40, 2006, No. 27, sect. 2881; 2008, No. 20, sect. 2251; 2009, No. 1, sect. 14; No. 52, sect. 6410; 2011, No. 13, sect. 1688; No. 23, sect. 3269; No. 48, sect. 6730; No. 49, sect. 7056, 7061; No. 50, stop. 7347; 2012, No. 29, sect. 3998; No. 31, sect. 4322; 2013, No. 30, sect. 4077, 4083, 4084; No. 44, sect. 5633; 2014, No. 11, est. 1098; No. 26, est. 3377; No. 48, sect. 6637; 2015, No. 1, article 10, 39, 52; No. 10, stop. 1393, 1418; No. 29, sect. 4362, 4385) the following changes: 1) in Article 7 (3): (a) to add a new paragraph to the fifteenth: "CEO of joint-stock company", Federal Corporation for the Development of Small and The Ministry of Economic and Social Affairs of the Ministry of Economic and Social Affairs of the Ministry of Economic and Social Affairs of the Russian Federation Russian Federation. "; b) Paragraphs 15 to 20 the first to read as follows, respectively, paragraphs 16 to 22; 2) in article 8, paragraph 2: a) to add a new paragraph to the twelfth reading: "Joint Stock Company" the development of small and medium-sized enterprises; ";"; b) the twelfth to sixteenth should be considered as the thirteenth to seventeenth paragraphs, respectively. Article 4, paragraph 3, article 13, paragraph 3, of the Federal Act No. 178 of 21 December 2001 on privatization OF THE PRESIDENT OF THE RUSSIAN FEDERATION 251; 2010, No. 23, sect. 2788; 2011, No. 29, sect. 4292; No. 48, sect. 6728; 2015, No. 27, sect. 3971) the words "average number of employees or proceeds from the sale of goods (work, services), excluding value added tax, as defined for the preceding privatisation of three calendar years," should be replaced by " the average number of employees, or income from business activities, defined in accordance with the procedure established by the legislation of the Russian Federation on taxes and fees, for the preceding privatizations of three calendar years ", the words" or the sum of its residual value Assets and intangible assets at the last reporting date " shall be deleted. Article 5 Article 79 of the Forest Code of the Russian Federation (Collection of Russian legislation, 2006, No. 50, Art. 5278; 2008, No. 20, Text 2251; No. 30, sect. 3599; 2009, No. 11, Text. 1261; No. 29, Text 3601; 2011, No. 27, sect. 3880; No. 29, sect. 4291; No. 50, sect. 7343; 2013, No. 51, sect. 6680; 2015, No. 27, sect. 3997), as follows: 1) in Part 8-1 of the word "failure to provide the applicant with the documents provided for in part 11-1 of this article" should be replaced by the words " lack of information about the applicant in a single register of small and medium entities (...) (...) (...) Article 6 Article 14, Part 12 of the Federal Law of 24 July 2007, No. 221-FZ "On State Real Property Cadastre" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4017; 2009, No. 52, sect. 6410; 2011, No. 23, sect. 3269; No. 27, sect. 3880; 2012, No. 31, sect. 4322; 2013, No. 30, sect. 4083; 2014, No. 30, sect. 4211; 2015, No. 1, st. 39; No. 29, sect. 4358; 2016, No. 1, est. (11) To supplement paragraph 6 with the following: "(6) Joint Stock Company" Federal Corporation for the Development of Small and Medium Enterprises ", if the relevant information is necessary for the performance of the functions of the said society, Federal Act No. 209-FZ of 24 July 2007 on the development of small and medium-sized businesses in the Russian Federation. ". Article 7 href=" ?docbody= &prevDoc= 102403346&backlink=1 & &nd=102123427 " target="contents"> dated July 22, 2008 OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3615; 2009, No. 29, stop. 3586; 2013, No. 27, sect. 3436; 2015, No. 27, Text. 3949) The following changes: 1) Article 3 to add the following content to paragraph 5: " 5) Small and Medium Enterprise Identity on the day of the conclusion of the contract of purchase and sale of leased property are not excluded from A single register of small and medium-sized businesses. "; (2) in article 4, paragraph 5, of the words" declarations of a subject of small and medium-sized enterprises according to its terms and conditions of small and medium-sized enterprises established by article 4 of the Federal Law on the Development of the Malogues in the Russian Federation ", and" delete; (3) in article 9, paragraph 2, of the phrase " on compliance with the terms of classification of small or medium-sized businesses as set out in article 4 of the Federal Act "On the development of small and medium-sized businesses in the Russian Federation", and "delete". Article 8 Article 63 of the Federal Law of 13 July 2015, No. 218-FZ "On State Registration of Real Estate" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4344) to supplement paragraph 14 with the following: "14) joint-stock company" Federal Corporation for the Development of Small and Medium Enterprises " to carry out the functions of the said society, provided for by the Federal Act of 24 July 2007 No. 209-FZ "On Small and Medium Enterprise Development in the Russian Federation". Article 9 Article 10 of the Federal Law dated December 29, 2015 No 408-FZ OF THE PRESIDENT OF THE RUSSIAN FEDERATION (28) The following changes: 1) in Part 9 of the word "27 July" should be replaced by the words "24 July"; 2) in Part 10, in Part 10, the words "27 July" should be replaced by the words "24 July". Article 10, paragraph 17, paragraph 17, of Federal Law of June 29, 2015 No. 206-FZ " On Amusing the Forest OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3997) be declared invalid. Article 11 1. Loan assistance funds (guarantee funds, surety funds) are required to comply with the requirements of Article 15-2 of the Federal Law of 24 -On the development of small and medium-sized enterprises in the Russian Federation (in the wording of this Federal Law), from December 1, 2016. 2. Evaluation of the compliance of the loan assistance funds (guarantee funds, guarantee funds) of the requirements of Article 15-2 of the Federal Law Article 12 1. This Federal Law shall enter into force on the date of its official publication, with the exception of the provisions for which this article establishes a different time frame for their entry into force. 2. Subparagraph 2 (a), subparagraphs (b) and (c), of article 1, paragraph 3, shall enter into force on 1 July 2017. 3. Articles 3, 5, 7 and 10 of this Federal Law shall enter into force on August 1, 2016. 4. Paragraphs 2 to 9, paragraphs 7 to 10, of article 1, paragraph 10, of the present Federal Law shall enter into force on 1 July 2017. 5. The provisions of article 15 (2), paragraph 2, of the Federal Act No. 209-FZ of 24 July 2007 on the development of small and medium-sized enterprises in the Russian Federation The Federation (in the wording of this Federal Law) applies from 1 December 2017. President of the Russian Federation Vladimir Putin Moscow, Kremlin July 3, 2016 No. 265-FZ