Starting from November 13, 2023, a Law came into force that changed the procedure for state registration of legal entities and individual entrepreneurs. In particular, the changes affected the process of compulsory exclusion of organizations from state registers.
According to the general rule, the Federal Tax Service authorities may compulsorily exclude a company from the Unified State Register of Legal Entities if:
the organization has not submitted tax and accounting reports and has not carried out banking operations during the last 12 months;
the register contains information in respect of which an entry has been made about their unreliability, within 6 months or more from the date of the entry.
Now another one is added to these grounds – companies with a high degree of risk that failed to achieve its reduction.
It is known that the Central Bank of the Russian Federation has the opportunity to independently assess the integrity of companies, assigning them one of three levels of risk: high, medium, low. The evaluation result is displayed on the "Know Your Client" platform, thanks to which Russian banks determine the degree of involvement of companies in suspicious transactions.
If a high-risk organization does not challenge its classifying to this group in the Interdepartmental Commission at the Bank of the Russian Federation or the decision to challenge it is not made in its favour, then such a company will be excluded from the Unified State Register of Legal Entities.
The decision on the upcoming exclusion is published in the State Registration Bulletin (Bulletin) within 3 days from the date of its adoption. Within one working day after the publication of the decision, the Federal Tax Service authorities publish similar data on their website.
It is possible to avoid compulsory exclusion if the company is able to eliminate the reason that became the basis for the exclusion. Supporting documents have to be attached to the objections. You can submit an objection and documents by mail, via the Internet (in the form of an electronic document signed with an electronic signature), or personally to the supervisory authorities. The deadline for submitting objections is 6 months from the date of publication of the decision in the Bulletin.
If the creditor of an organization whose rights and laws are affected by such a procedure submits an objection to the decision, then the organization may remain in the register and be liquidated in accordance with the generally established procedure.
In the matters of the state registration of companies, please contact Acsour experts.