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STARTING FROM APRIL 29TH 2018, DOCUMENTS FOR LEGAL ENTITIES' REGISTRATION CAN BE SUBMITTED ELECTRONICALLY

STARTING FROM APRIL 29TH 2018, DOCUMENTS FOR LEGAL ENTITIES' REGISTRATION CAN BE SUBMITTED ELECTRONICALLY

THE FEDERAL LAW "ON AMENDMENTS TO THE FEDERAL LAW "ON STATE REGISTRATION OF LEGAL ENTITIES AND INDIVIDUAL ENTREPRENEURS" CONCERNING INTERACTION BETWEEN THE REGISTERING AUTHORITY AND MULTIFUNCTIONAL CENTERS PROVIDING STATE AND MUNICIPAL SERVICES IN THE STATE REGISTRATION OF LEGAL ENTITIES AND INDIVIDUAL ENTREPRENEURS" FROM THE 30TH OF OCTOBER, 2017 № 312-FZ CAME INTO FORCE ON APRIL 29, 2018 (HEREINAFTER – "THE LAW").

THE LAW INTRODUCES THE FOLLOWING AMENDMENTS ON LEGAL ENTITIES' REGISTRATION:

1. ELECTRONIC SUBMISSION OF DOCUMENTS FOR PUBLIC REGISTRATION
DOCUMENTS FOR STATE REGISTRATION MAY BE SUBMITTED VIA THE MULTIFUNCTIONAL CENTER AND VIA EMAIL. IN THIS CASE THE DOCUMENTS SHALL BE SIGNED WITH A STRENGTHENED QUALIFIED ELECTRONIC SIGNATURE.
    2. DECISION OF THE TAX BODY ON PUBLIC REGISTRATION IS SENT VIA E-MAIL
    APPLICANTS WILL NOT NEED TO COME TO THE TAX SERVICE AGAIN FOR RECEIVING DOCUMENTS AS THEY DO NOW, AS THE TAX AUTHORITY'S RESPONSE WILL BE AVAILABLE VIA E-MAIL. THE INFORMATION ON THE DECISION TAKEN WILL ALSO BE PUBLISHED ON THE WEBSITE OF THE REGISTERING AUTHORITY.
      3. ABOLITION OF REPEATED STATE DUTY PAYMENT IN CASE OF REFUSAL IN PUBLIC REGISTRATION
      IF THE REGISTERING AUTHORITY REFUSED STATE REGISTRATION DUE TO A FAILURE TO SUBMIT DOCUMENTS OR BECAUSE THE DOCUMENTS SUBMITTED HAD BEEN EXECUTED IN VIOLATION OF THE REQUIREMENTS OF THE LEGISLATION, THE APPLICANT WILL BE ABLE TO ADDITIONALLY SUBMIT NECESSARY DOCUMENTS WITHIN THREE MONTHS WITHOUT RE-PAYING THE STATE FEE (THIS PROVISION COMES INTO FORCE FROM OCTOBER 1, 2018). AT THE SAME TIME, THE LIST OF GROUNDS FOR STATE REGISTRATION REFUSAL IS SUPPLEMENTED BY TWO POINTS, ACCORDING TO WHICH STATE REGISTRATION MAY BE REFUSED IF THE DOCUMENTS WERE NOT EXECUTED PROPERLY OR IF THE DOCUMENTS PROVIDED CONTAIN INACCURATE INFORMATION.
        IF THE DOCUMENTS ARE SUBMITTED VIA A MULTIFUNCTIONAL CENTER OR VIA A NOTARY, THE ELECTRONIC VERSION OF THE DECISION TAKEN BY THE TAX AUTHORITY SHALL BE SENT TO THIS CENTER OR TO A NOTARY.

        AT THE SAME TIME, IT WILL STILL BE POSSIBLE TO OBTAIN A HARD COPY OF THE DOCUMENT:
        • IF THE DOCUMENTS WERE SUBMITTED IN PERSON, BY MAIL OR VIA THE "STATE SERVICES" PORTAL, THE REGISTRATION AUTHORITY WILL ADDITIONALLY PROVIDE A HARD COPY OF THE DOCUMENT AT THE REQUEST OF THE APPLICANT.
        • IF THE DOCUMENTS ARE SUBMITTED VIA THE MFC OR VIA THE NOTARY, THE MFC OR THE NOTARY WILL PROVIDE A HARD COPY DOCUMENT PROVING THE CONTENT OF THE ELECTRONIC ONE TO THE APPLICANT.

        OBTAINING A HARD COPY OF THE DOCUMENT IS LIKELY TO TAKE SOME TIME AND MAY REQUIRE A FEE PAYMENT. THE LAW SPECIFIES THAT THE TIME PERIOD FOR RECEIVING THE DOCUMENTS AT THE INITIAL REGISTRATION REMAINS THE SAME – 3 WORKING DAYS. THEREFORE, THE TERMS OF STATE REGISTRATION WILL NOT DEPEND ON THE TIME OF INTERACTION BETWEEN THE FEDERAL TAX SERVICE AND MULTIFUNCTIONAL CENTERS. THE EXACT ORDER OF INTER-MINISTERIAL INTERACTION OF MULTIFUNCTIONAL CENTERS AND TAX AUTHORITY, AS WELL AS THE REQUIREMENTS FOR ELECTRONIC DOCUMENTS' EXECUTION WILL BE SET BY THE GOVERNMENT OF THE RUSSIAN FEDERATION.

        WE BELIEVE THAT THE INTRODUCTION OF INDEPENDENT DOCUMENT SUBMISSION PROCEDURE VIA THE "STATE SERVICES" PORTAL, AS WELL AS VIA MULTIFUNCTIONAL CENTERS IS AIMED AT SIMPLIFYING AND SPEEDING UP REGISTRATION PROCEDURES AND ESTABLISHING GREATER PROCEDURAL FLEXIBILITY.

        AT THE SAME TIME, IT IS NECESSARY TO BEAR IN MIND THAT DELAYS WHICH OFTEN ACCOMPANY SIMILAR INITIATIVES AT THE INITIAL STAGE OF THE INTERACTION BETWEEN MULTIFUNCTIONAL CENTERS AND THE TAX AUTHORITY ARE POSSIBLE. THIS MUST BE TAKEN INTO ACCOUNT WHEN SUBMITTING THE DOCUMENTS.

        OVERALL, AMENDMENTS WHICH HAVE ENTERED INTO FORCE ACCORDING TO THE LAW AND WHICH BECOME EFFECTIVE FROM OCTOBER, 2018, CONTINUE THE GENERAL IDEA OF MAKING REQUIREMENTS OF LEGAL ENTITIES' REGISTRATION MORE LIBERAL.
        Ms. Ksenia Stepanischeva
        Senior Associate, ATTORNEY-AT-LAW
        Ms. ARINA MAKAROVA
        JUNIOR ASSOCIATE