News

Tax Authorities may exclude legal entities and individual entrepreneurs from the Unified State Register of Legal Entities for suspicious transactions

Amended Federal Law regulating state registration of legal entities and individual entrepreneurs.
Federal Law No. 519-FZ dated 02.11.2023 amended Federal Law No. 129-FZ dated 08.08.2001 regulating state registration of legal entities and individual entrepreneurs, according to which from November 13, 2023:

  • The Federal Tax Service will exclude legal entities from the EGRUL (Unified State Register of Legal Entities) and individual entrepreneurs from the EGRIP (Unified State Register of Individual Entrepreneurs) if they are classified as a high-risk rating for carrying out suspicious transactions within the framework of the Bank of Russia “Know Your Client” platform.
  • The Federal Tax Service will not exclude a legal entity or individual entrepreneur from state registers if the circumstances that served as the basis for the decision on the upcoming exclusion are eliminated (the rating will be upgraded to medium or low degree). For example, a legal entity can challenge the assessment through an interdepartmental commission at the Bank of Russia or through the court.
  • The Federal Tax Service will include in the EGRUL and the EGRIP information that a decision has been made regarding the upcoming exclusion from the state register of any legal entity or individual entrepreneur.
  • Objections to the upcoming exclusion of a legal entity or individual entrepreneur from the register must be sent by creditors or other persons whose legitimate interests are affected by this exclusion to the Federal Tax Service no later than six months from the date of publication of the decision. In this case, a decision to exclude a legal entity or individual entrepreneur from the state register is not made.
  • Also, by amendments to the law, the list of grounds for refusal of state registration has been expanded. For example, suppose a manager or a founder of a legal entity was once excluded from the EGRUL due to false information about them in the register. In that case, the possibility of registering a company with such founders and/or managers is limited to three years.
  • Also, from the list of documents provided for state registration of an individual as an individual entrepreneur to the registration authority, a copy of the passport of a Russian citizen is excluded.
]>