Legal alerts
Legal alerts
13 October 2021
The rules for using a qualified electronic signature are expected to be clarified as of 2022.
With effect from the new year, a representative having no right to act on behalf of the company without a power of attorney will be able to certify official documents with his/her qualified electronic signature (QES) of a natural person. Herewith, it will be necessary to attach a power of attorney issued, for example, by the CEO and certified by the QES of the organization.
The Ministry of Finance proposes to supplement those provisions, in particular, with the following aspects (Article 2(a) of the Draft):
• not only individuals can be representatives but companies or sole proprietors as well;
• if they have delegated powers, both powers of attorney shall be attached when signing a document;
• if according to the Civil Code of the Russian Federation the initial power of attorney is required to be certified by a notary, he/she will do so with his/her QES.
The Ministry of Finance has already prepared drafts with respect to the form, delivery, storage, use and cancellation of powers of attorney issued for signing digital documents on behalf of organizations.
The Ministry of Finance proposes to supplement those provisions, in particular, with the following aspects (Article 2(a) of the Draft):
• not only individuals can be representatives but companies or sole proprietors as well;
• if they have delegated powers, both powers of attorney shall be attached when signing a document;
• if according to the Civil Code of the Russian Federation the initial power of attorney is required to be certified by a notary, he/she will do so with his/her QES.
The Ministry of Finance has already prepared drafts with respect to the form, delivery, storage, use and cancellation of powers of attorney issued for signing digital documents on behalf of organizations.
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Raw Materials Export: Amendments Developed to Cancel Cash Repatriation.
The Ministry of Finance proposes to accelerate the gradual cancellation of the obligation to have ruble revenue for the export of certain raw materials credited to accounts in authorized banks. The requirement will cease to be applied to (Article 2(1) of draft):
• maximum of 70% of the contractual amount - with effect from July 2022, rather than from 2023;
• the entire amount - with effect from 2023, rather than from 2024.
In addition, many commodity exporters are planned to be exempted from the foreign currency repatriation in relation to the maximum of:
• 10% of the contractual amount - with effect from 2022;
• 20% - with effect from July 2022;
• 30% - with effect from 2023;
• 50% - with effect from July 2023.
The compliance with the requirement will cease to be applied to the entire contractual amount with effect form 2024. The exemptions will not affect, for example, exporters of wood fuel (Article 3(2) and Article 3(3) of the draft).
Other amendments have been prepared as well. The amendments undergo independent anti-corruption expertise.
It is reminded that with effect from July 2021, the repatriation of foreign exchange earnings for non-resource exporters has been canceled. They are permitted to be credited to accounts in foreign banks.
• maximum of 70% of the contractual amount - with effect from July 2022, rather than from 2023;
• the entire amount - with effect from 2023, rather than from 2024.
In addition, many commodity exporters are planned to be exempted from the foreign currency repatriation in relation to the maximum of:
• 10% of the contractual amount - with effect from 2022;
• 20% - with effect from July 2022;
• 30% - with effect from 2023;
• 50% - with effect from July 2023.
The compliance with the requirement will cease to be applied to the entire contractual amount with effect form 2024. The exemptions will not affect, for example, exporters of wood fuel (Article 3(2) and Article 3(3) of the draft).
Other amendments have been prepared as well. The amendments undergo independent anti-corruption expertise.
It is reminded that with effect from July 2021, the repatriation of foreign exchange earnings for non-resource exporters has been canceled. They are permitted to be credited to accounts in foreign banks.
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Depositories and Rosreestr To Exchange Data on Electronic Mortgage Instrument in a New Way.
They will test the data exchange between depositories that keep electronic mortgage instruments and Rosreestr through the Masterchain System. The pilot project will be launched in the autumn of 2021 and will be held until November 2022. The participation of depositories is voluntary.
The purpose of the test is to form effective and secure mechanisms of electronic interaction in mortgage transactions.
During the test, Rosreestr will transfer through this system to the depository:
• electronic mortgage instrument;
• notice that the information about the depository is included into the mortgage registration record about the mortgagee;
• agreement to change the electronic mortgage instrument;
• request for verification of information about the owner of such security or about its other right holder;
• notice about cancellation of the mortgage registration record.
The Depositary will notify the Authority in the same manner аbout:
• the fact and date of making record about the securities account of the original owner of electronic mortgage instrument or other right holder thereof;
• failure to make such record;
• the absence of a securities account of the person in respect of which the request for verification has been sent;
• the owner of electronic mortgage instrument or other rights holder;
• keeping such security when moving from another depository and the date of receipt thereof.
Ministry for Digital Development, Communications and Mass Media will approve the functional and technical requirements for the Masterchain Platform by 11 October (inclusive). By October 2022, the Ministry will put Goschain Platform into the operation for transferring data exchange participants to the usage of the same along with a unified system of interagency electronic interaction.
The purpose of the test is to form effective and secure mechanisms of electronic interaction in mortgage transactions.
During the test, Rosreestr will transfer through this system to the depository:
• electronic mortgage instrument;
• notice that the information about the depository is included into the mortgage registration record about the mortgagee;
• agreement to change the electronic mortgage instrument;
• request for verification of information about the owner of such security or about its other right holder;
• notice about cancellation of the mortgage registration record.
The Depositary will notify the Authority in the same manner аbout:
• the fact and date of making record about the securities account of the original owner of electronic mortgage instrument or other right holder thereof;
• failure to make such record;
• the absence of a securities account of the person in respect of which the request for verification has been sent;
• the owner of electronic mortgage instrument or other rights holder;
• keeping such security when moving from another depository and the date of receipt thereof.
Ministry for Digital Development, Communications and Mass Media will approve the functional and technical requirements for the Masterchain Platform by 11 October (inclusive). By October 2022, the Ministry will put Goschain Platform into the operation for transferring data exchange participants to the usage of the same along with a unified system of interagency electronic interaction.
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Government Published a Decree on Moratorium for Routine Inspections of Small Enterprises in 2022.
Scheduled control (supervisory) audits and inspections will not be carried out in relation to small enterprises in the coming year. It concerns the procedures within the framework of state control and supervision under Laws No. 248-FZ and No. 294-FZ. Government Decree about this support measure has already come into effect.
A number of exceptions have been provided for. Thus, the exemption will not affect:
• companies and sole proprietors who use objects of extremely high or high risk;
• persons who, according to the results of a control (supervisory) audit or inspection, were punished under the Code of Administrative Offences of the Russian Federation for gross violation, suspended their activities or license. Herewith, less than 3 years have passed since the end of the audit or inspection;
• licensees in terms of control (supervision) over compliance with licensing requirements.
It is worth mentioning that a similar moratorium is in effect now. However, it also does not apply to those who are engaged in healthcare, education and other activities included into a special list. For 2022, such an exception was not provided for and, thereby, these representatives of small enterprises are exempted from scheduled control (supervisory) audits and inspections.
A number of exceptions have been provided for. Thus, the exemption will not affect:
• companies and sole proprietors who use objects of extremely high or high risk;
• persons who, according to the results of a control (supervisory) audit or inspection, were punished under the Code of Administrative Offences of the Russian Federation for gross violation, suspended their activities or license. Herewith, less than 3 years have passed since the end of the audit or inspection;
• licensees in terms of control (supervision) over compliance with licensing requirements.
It is worth mentioning that a similar moratorium is in effect now. However, it also does not apply to those who are engaged in healthcare, education and other activities included into a special list. For 2022, such an exception was not provided for and, thereby, these representatives of small enterprises are exempted from scheduled control (supervisory) audits and inspections.
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Licensing Facilitation with Effect from 1 March 2022: Government Published Regulatory Amendments.
On 1 March 2022, a number of legislative amendments will come into effect that will facilitate obtaining and dealing with licenses. In this regard, the Government has approved some amendments to its licensing acts. They mostly duplicate the provisions of the law, but there are also innovations.
For example, the business will be obliged to enter information about a new phone number or email address into the license registers within 15 business days from the date of changing previous contact details. This can be done, for example, through Gosuslugi Platform.
It will be allowed to notify via the same platform the licensing authorities of the constituent entities of the Russian Federation where a company or sole proprietor intends to work under a license issued by an authority of another region. There will be other ways to submit the notice.
In addition, the Government has approved the regulations on the unified register of licenses. Publicly available data from it will be posted on the register website. They will be available free of charge. The website address will be determined by the Ministry of Economic Development.
The register will include:
• a list of licensed activities indicating some data (keywords, archival records, etc.);
• data about licensing authorities, their territorial divisions (name, management, etc.);
• information about carrying out such activities (license validity period, list of gross violations, etc.).
There is no such detailed register at present.
For example, the business will be obliged to enter information about a new phone number or email address into the license registers within 15 business days from the date of changing previous contact details. This can be done, for example, through Gosuslugi Platform.
It will be allowed to notify via the same platform the licensing authorities of the constituent entities of the Russian Federation where a company or sole proprietor intends to work under a license issued by an authority of another region. There will be other ways to submit the notice.
In addition, the Government has approved the regulations on the unified register of licenses. Publicly available data from it will be posted on the register website. They will be available free of charge. The website address will be determined by the Ministry of Economic Development.
The register will include:
• a list of licensed activities indicating some data (keywords, archival records, etc.);
• data about licensing authorities, their territorial divisions (name, management, etc.);
• information about carrying out such activities (license validity period, list of gross violations, etc.).
There is no such detailed register at present.
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Requirements Are Published for Reputation of the Management of Companies Having Biometric Identification Systems.
The Ministry of Finance has established requirements for the business reputation of the head or members of the collegial executive body of an organization that owns a biometric identification system for authentication of natural persons. The same requirements will be imposed on organizations providing identification or authentication services using biometric data.
In particular, he management's employment sheet shall not include facts of:
• dismissals due to disclosure of a legally protected secret or due to a conflict of interest. It shall not be an obstacle, if the day before the documents submission, three years expired from the date of termination of the employment agreement;
• committing being as official within one year from the date of the documents submission, an administrative offense under Art. 14.1(2) to 14.1(4) or under Art. 13.13 of the Code of Administrative Offences of the Russian Federation;
• repeated committing within three years before the date of the documents submission of an administrative offense under Art. 13.11 of the Code of Administrative Offences of the Russian Federation.
It is reminded that with effect from 1 January 2021, biometric data collection and processing for the purpose of authentication in the information systems of organizations are allowed, in particular, subject to accreditation. During the same, the reputation of the management will be checked.
In particular, he management's employment sheet shall not include facts of:
• dismissals due to disclosure of a legally protected secret or due to a conflict of interest. It shall not be an obstacle, if the day before the documents submission, three years expired from the date of termination of the employment agreement;
• committing being as official within one year from the date of the documents submission, an administrative offense under Art. 14.1(2) to 14.1(4) or under Art. 13.13 of the Code of Administrative Offences of the Russian Federation;
• repeated committing within three years before the date of the documents submission of an administrative offense under Art. 13.11 of the Code of Administrative Offences of the Russian Federation.
It is reminded that with effect from 1 January 2021, biometric data collection and processing for the purpose of authentication in the information systems of organizations are allowed, in particular, subject to accreditation. During the same, the reputation of the management will be checked.
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