Changes in the Legislation on State Registration of Legal Entities
Legal Update No. 555
Goltsblat BLP advises that the amendments to Federal Law No. 129-FZ "On State Registration of Legal Entities and Individual Entrepreneurs" dated 8 August 2001 (the "Registration Law") aimed at, among other matters, ensuring the public credibility principle in respect of the unified state register of legal entities (the "USRLE"), came into effect on 1 January 2016.
From 1 January 2016 a registration authority may verify credibility of information entered or to be entered to the USRLE if reasonable doubts arise as to its credibility. In this respect, registration authority is authorised to:
examine documents and information available to it, including objections of interested parties, and documents and clarifications submitted by an applicant;
obtain necessary explanations from the parties who might be aware of certain circumstances relating to the verification;
obtain information and letters of information on issues arising during the verification;
inspect real estate properties; and
engage specialists or experts to participate in the verification.
If the information to be included in the USRLE is found to be untrue, state registration will not be effected. Where information is entered in the USRLE in relation to reorganisation, liquidation, amendments to constitutional documents or legal entity details contained in the USRLE, the registration authority may, for the purpose of verifying credibility of such information, decide to suspend state registration, but for no more than 1 month.
In addition, from 1 January 2016, an obligation is provided for legal entities to notify the registration authority on changes in their location. It is made clear that any such changes are to be registered by the registration authority at the new location.
The Registration Law is also supplemented with some new grounds for refusal of state registration of legal entities and amendments to be entered in the USRLE.
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