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Proceedings of the seminar "Foreigners in Russia: Accreditation and Migration"

Basic concepts:

1. A foreign legal entity - an organization registered in the territory of a foreign state, which has features of a legal entity, civil capacity which is determined in accordance with the laws of the State in which it is established.

2. Representation - a separate division of a legal entity located outside of its location, which represents the interests of the legal entity and protects. Representation of a foreign firm acts for and on behalf of the represented companies or firms whose names are specified in the permit to open a representative office (accreditation), and operates in accordance with Russian law. In this representation of a foreign company can carry out functions related to the implementation of representative services in Russia in the interests of others with the consent of the accrediting authority permission to open a representative office.

3. Branch - a separate division of a legal entity located outside of its location and performing all of its functions, or part thereof, including the functions of representation, provided that the establishment and activities of the parent company are commercial in nature and the parent organization has a direct financial responsibility for its decision taken in relation to the conduct of such activities on the territory of the Russian Federation commitments.

Branches and representative offices are not separate legal entities. They are endowed with the property of the legal entities and operate on the basis of the approved bylaws. Heads of representative offices and branches are assigned a legal entity and operate on the basis of his power of attorney.

Maintenance of business by foreign companies in the Russian Federation.

Foreign legal entities may undertake in the territory of Russia the following economic activities (provided they comply with the rules of the activity, determined by internal Russian law):

    
enter into foreign trade transactions without any special permits (meaning the purchase and sale of goods, barter transactions, leasing, construction contract, etc.). It does not require that the foreign entity has been registered in the register of legal entities were registered with the tax authorities, unless it carries out its activities in Russia through a permanent establishment;
    
lease land, buildings and office premises, to carry out production activities, as well as to acquire the ownership of real property (including speed limits);
    
perform calculations related to transactions, credit and financial, transport and other operations (in particular, in the field of advertising of goods and services);
    
create a wholly-owned enterprise named, a company or partnership or collaboration with Russian officials in the organizational-legal forms provided by Russian law (in particular, in the form of joint stock companies and limited liability companies);
    
conclude investment agreements, concession agreements, production sharing agreements and other forms of participation in the development of mineral resources and natural resources (federal laws "On Subsoil" 1995, "On the continental shelf of the Russian Federation", 1995, "Sharing Agreements products ", 1995);
    
open in the Russian representative offices and branches;
    
take part in the privatization of state and municipal enterprises;
    
register trademarks and appellations of origin (on the basis of reciprocity);
    
be the founders and members of non-profit and charitable organizations.

However, the participation of foreign capital in a number of business companies closed or limited by special laws.

For example:

    
In accordance with paragraph 3 of Article 15 of the Land Code of the Russian Federation, foreign citizens, stateless persons and foreign legal entities can not hold titles to land plots located in the border areas, the list of which is set by the President of the Russian Federation.
    
Article 3 of the Federal Law "On the transfer of agricultural land" - foreign citizens, foreign legal persons, stateless persons and legal entities in the authorized (share) capital share of foreign citizens and foreign legal persons, persons without citizenship is more than 50 percent, may have a land of agricultural land only on a leasehold basis.
    
A.3 Article 6 of the Federal Law "On Insurance of the Russian Federation" Insurance companies, which are subsidiaries of foreign investors (host institution), or having a share of foreign investors in its authorized capital of more than 49 per cent, can not be carried out in the Russian Federation Insurance objects of personal insurance (life, health, etc.), mandatory insurance, mandatory state insurance, property insurance related to the implementation of the supply or performance of contract work for state needs, as well as insurance of property interests of the state and municipal organizations.
    
Art. 15.1 of the Federal Law "On Private Detective and Security Activity in the Russian Federation" Adding to the share capital of a private security organization funds by foreign nationals, citizens of the Russian Federation, having foreign nationality, stateless persons, foreign legal entities, as well as organizations of the founders (participants) which are said citizens and persons are prohibited, unless otherwise stipulated by international treaties of the Russian Federation.
    
FZ of 14.03.2013 was amended by the Federal Law "On Banks and Banking" branches and representative offices of foreign banks excluded from the banking system of the Russian Federation, as a branch of a foreign bank does not fall under the jurisdiction of the Russian Federation. Thus, branches of foreign banks did not get fully under the control of Russian regulators, however, are not subject to the obligation to implement regulations on transfers of funds in reserve requirements, submit reports to the Bank of Russia in two accounting systems - Russian and international.
    
The Federal Law of April 29, 2008 N 57-FZ "On Foreign Investments in Business Entities of Strategic Importance for National Defense and State Security." Identified 42 types of activities that are of strategic importance.

MONEY TYPES OF DOCUMENTS:

1. On the basis of the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (Hague, October 5, 1961).

USSR joined the Convention to 17 April 1991. The Convention entered into force for the Russian Federation as the successor of the USSR May 31, 1992.

The Convention shall apply to public documents which have been committed in the territory of one Contracting State and shall be submitted to the territory of another contracting state.

As official documents examined:

    
documents emanating from an authority or official connected with the jurisdiction of the State, including those emanating from a public prosecutor, court secretary, or bailiff;
    
administrative documents;
    
notarial acts;
    
official marks, such as recording the registration of visas confirming a certain date and signature on the certification document is not witnessed by a notary.

However, the Convention does not apply to:

a) to documents executed by diplomatic or consular agents;

b) to administrative documents dealing directly with commercial operations.

The Contracting States shall exempt from legalization documents to which the Convention applies and which have to be presented in their territory. The only formality that is required under the Convention, is an apostille by the competent authority of the State from which the document emanates.

List of countries that have acceded to the Convention - the application number 1.

2. Consular legalization of documents.

Consular legalization - is one way to legalization for foreign trade. In contrast to the Apostille is used for document management with organizations from countries not party to the Hague Convention.

Stamp of consular legalization of documents stamped consular offices of the Russian Federation outside Russia.

Consular legalization - a complex multistep process that seeks to confirm that the source document sent abroad, consistent with the laws of the country, the authorities which have issued or made herein. Legalization is phased official certification of signatures and seals the organization to which this officer, in accordance with the structure of the administrative apparatus. Thus, each document to be legalized must pass:

    
a notary certificate (together with the translation and the translator's signature certificate)
    
authentication of signature of the notary by the Ministry of Justice of the Russian Federation,
    
Print certificate of Justice and signature of the authorized official at the Russian Foreign Ministry CD,
    
subsequent identification at the Consulate of the State taking the output document.

3. The lack of legalization (in accordance with the international treaties of the Russian Federation).

Some of the international treaties of the Russian Federation provides cancellation of legalization of documents.

The Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters (Minsk, January 22, 1993) List of signatories to this convention - the application number 2.

Article 13

Validity of Documents

1. Documents that are in the territory of one of the Contracting Parties made or attested by the institution or by a specially authorized person within its jurisdiction and in the prescribed form and sealed with the official seal, made on the territory of other Contracting Parties, without any special certification.

2. Documents that are in the territory of one of the Contracting Parties shall be considered as official documents are in the territory of other Contracting Parties to the probative value of official documents.

2. Treaty between the Russian Federation and a number of countries on legal assistance and legal relations in civil, family and criminal cases. List of countries - the application number three.

Validity of Documents

1. Documents that are in the territory of one Contracting Party made or witnessed the establishment of justice or any other institution or by a specially authorized body, stitched official seal made on the territory of another Contracting Party without any other identification. This also applies to documents of citizens, whose signature is attested by the rules in force in the territory of the Contracting Party concerned person within their jurisdiction and in the prescribed form.

2. Documents that are in the territory of one Contracting Party are regarded as official documents, are in the territory of the other Contracting Party probative value of official documents.

The opening of representative offices and branches of foreign legal entities on the territory of the Russian Federation.

Accrediting bodies:

    
Federal State Institution State Registration Chamber with the Ministry of Justice of the Russian Federation - Moscow, Smolensky Boulevard, 3/5;
    
Commerce and Industry of the Russian Federation - Moscow, st. Ilyinka, 6/1, c.1
    
The Federal Aviation Agency (for representative offices of foreign organizations operating in the field of civil aviation in the Russian Federation);
    
The Ministry of Justice (Registration of representative offices of foreign religious organizations and the particulars of subsidiaries and representative offices of international organizations and foreign non-profit non-governmental organizations in the register);
    
The Ministry of Foreign Affairs of the Russian Federation (the opening of offices of foreign mass media);

Procedure for accreditation of a representative office / branch of a foreign legal entity:

    
Preparation and approval of project documents (power of attorney to the Head, a decision to open, letters of recommendation);
    
Obtaining and translation of documents of the foreign company, making the required number of copies of the notary for the entire process;
    
Preparation and signing of documents for accreditation;
    
Filing with the accrediting body;
    
Getting permission to open a representative office / branch office and a certificate of registration in the Consolidated State Register of accredited representatives;
    
Making Printing Representations;
    
Tax registration;
    
Getting codes SSC;
    
The registration of the Pension Fund, the Social Insurance Fund;
    
Opening of bank accounts;
     
Submission of reports of open accounts to the tax authorities and off-budget funds.

List of documents in a foreign entity that is required for the accreditation of its representative office / branch in the territory of the Russian Federation (by accreditation bodies fracturing CCI)

    
An extract from the trade register of the country of origin of the foreign legal entity or other document confirming the registration of a foreign legal entity in accordance with the laws of the country of its location.
    
Charter (Charter) of a foreign legal entity.
    
The decision of a foreign legal entity to open a representative office in the Russian Federation.
    
Certificate of registration with the tax authority of the country of origin of the foreign legal entity.
    
Letter of recommendation of a foreign bank that maintains a foreign legal entity, confirming its solvency.
    
The power of attorney which empowers the Head of a foreign legal entity in the Russian Federation, the necessary powers.

These documents must be duly legalized and translated into the Russian language, the translator's signature must be notarized.

Obtaining approval for accreditation (accreditation body fracturing or CCI)

List of documents to be submitted for accreditation:

    
Written application for permission to open a representative office of a foreign legal entity in the Russian Federation (application number 4).
    
An extract from the trade register of the country of origin of the foreign legal entity or other document confirming the registration of a foreign legal entity in accordance with the laws of the country of its location.
    
Charter (Charter) of a foreign legal entity.
    
The decision of a foreign legal entity to open a representative office in the Russian Federation.
    
The original and a certified copy of the provisions of the representation of a foreign legal entity in the Russian Federation.
    
Letter of recommendation of a foreign bank that maintains a foreign legal entity, confirming its solvency.
    
Not least 2 letters of recommendation Russian business partners (application number 5).
    
A notarized copy of the general power of attorney which empowers the Head of a foreign legal entity in the Russian Federation, the necessary powers.
    
A certified copy of the Power of Attorney to the authorized person to conduct the affairs of accreditation
    
Document confirming the address of a foreign legal entity in the Russian Federation (provided by a letter of guarantee or a lease, sublease in the event of a sublease is optional)
    
Card information on the representation of a foreign legal entity (Annex № 6,7)

Resolution on accreditation of representative offices is given by 1.2 or 3 years.

Permission to open a branch is given to 1,2,3 or 5 years.

Accreditation fees

(Fracturing services at term review of the documents 18 working days)

Representation
When accreditation for 1 year - 35,000 rubles.
When accreditation for a period of 2 years  - 65,000 rubles.
When accreditation for a period of 3 years  - 80,000 rubles.
No state tax

Branch
When accreditation for a period of 1 year  - 20 000.
When accreditation for a period of 2 years  - 35,000 rubles.
When accreditation for a period of 3 years  - 50,000 rubles.
When accreditation for a period of 5 years  - 75,000 rubles.
The state fee for any term of accreditation  - 120,000 rubles.
Acceleration (5 working days)  - 15 000 rubles.
Payment is made in rubles or on account of hydraulic fracturing, or cash through Sberbank.

Accreditation fees CCI
When accreditation for a period of 1 year  - 1 500 USD
When accreditation for a period of 2 years  - 2 500 USD
When accreditation for 3 years  - 3 500 USD
No state tax

Payment is made in U.S. dollars by wire transfer to the account of the CCI on the invoice.

Turnaround time permits - from 5 to 10 days. No acceleration.

Requirements for the Representation Statute.

The Representation / branch should have the title page, which in Russian must include the name of representation.

The Regulation must be present the following topics:

GENERAL PROVISIONS - determines the position of a representative office / branch in the company, documents that guide the office / branch in its activities; official name of the representative office / branch in Russian and the language of the country of origin of the parent company, the location of the representative office / branch and his status with the obligatory indication of the that office / branch is not a legal entity, the data on the parent company;

OBJECTIVES AND ACTIVITIES OF OPENING with the obligatory indication that the office does not conduct business on its behalf, and acts for and on behalf of the company, the purpose of creation and activities for the branch

CONTROLS-defines the procedure for the appointment and powers of the head of the representative office / branch;

PROPERTY, will determine the order granting the appropriate representation of the property and order of possession and disposition of such property, for the branch - the composition, the amount and timing of capital investment in fixed assets of the branch;

STAFF-define the procedure of hiring a permanent and possibly temporary staff representative office / branch;

REPORTING - defines the procedure for reporting a representative office / branch to the relevant authorities of the Russian Federation in accordance with the law;

ORDER OF TERMINATION representative office / branch - determines the order of liquidation representative office / branch of a foreign firm.

The situation must be signed by the appropriate authorized person acting either on the basis of the decision of the company or by proxy.

Signer's signature must be notarized.

Provision should be stitched and sheets should be numbered.

Tax registration:

Carried out on the basis of the Order of Ministry of Finance September 30, 2010 N 117H

"On approval of the features of the account with the tax authorities of foreign organizations who are not investors in the production sharing agreement or operators of agreement" no later than 30 calendar days from the date of

In Moscow - Interdistrict IFTS number 47 on Moscow.

List of required documents:

    
Application for registration in (Annex number 8)
    
Charter (Charter), the parent company;
    
Extract from the register of foreign legal entities of the country of origin or equivalent legal document certifying the legal status of the founder - the alien;
    
Help the tax authority of the country of origin of the foreign organization for which it is registered as a taxpayer in this country with the code of the taxpayer (or equivalent code of the taxpayer);
    
The decision of the authorized body of the parent company of the representative office;
    
The position of representative offices / branches;
    
The power of attorney to confer the necessary powers Head of Delegation;
    
Permission to open a representative office, a certificate of registration in the Consolidated State Register of accredited representatives;
    
The power of attorney for submission / receipt of documents.

Registration of extra-budgetary funds.

FSS - Branch number 6, Moscow, 3rd Syromyatnicheskiy lane 3/9, page 2

FIU - Control number 8 (inoplatelschiki) number 10 Moscow State University, ul. Krasnoprudnaya Street 28/1, page 2, floor 3

List of required documents:

    
Application for registration with the FSS (application number 9);
    
The application for registration to the FIU (application number 10);
    
Charter (Charter), the parent company;
    
Extract from the register of foreign legal entities of the country of origin or equivalent legal document certifying the legal status of the founder - the alien;
    
Help the tax authority of the country of origin of the foreign organization for which it is registered as a taxpayer in this country with the code of the taxpayer (or equivalent code of the taxpayer);
    
The decision of the authorized body of the parent company of the representative office;
    
The position of representative offices / branches;
    
The power of attorney to confer the necessary powers Head of Delegation;
    
Permission to open a representative office, a certificate of registration in the Consolidated State Register of accredited representatives;
     
Certificate of Registration in MIFNS number 47;
     
Codes of the State Statistics Committee;
     
Lease on the address (for RPF);
    
The power of attorney for submission / receipt of documents.

Changes to the information office / branch:

In case of change of address location, name of the parent company, has replaced the head of the representative / branch must make appropriate changes to the documents representative office / branch and submit a package of documents to the accrediting body.

CHECKLIST FOR
AMENDMENTS TO THE CHANGING NAMES OFFICE / BRANCH

    
A written statement SMAI with a request for the Uniform State Register of changes due to change in the name of the representative office / branch of a foreign legal entity.

    
An extract from the trade register of the country of origin of the foreign legal entity or other document confirming the change of name of a foreign entity.
    
The decision of a foreign legal entity to approve revised provisions for representative office / branch office in connection with the change of the name of a foreign entity.
    
The original and a certified copy of the provisions of the representation / branch of a foreign legal entity in the Russian Federation with a new name.
    
The original position of the representative office / branch office of a foreign legal entity in the Russian Federation with the same name.
    
Original permission to open a representative office.
    
BEFORE the certificate of registration offices in the state register.
    
Hotarialno a certified copy of a general power of attorney which empowers the Head of a foreign legal entity with a new name in the Russian Federation, the necessary powers.
    
A certified copy of the Power of Attorney to the authorized person of doing business.
    
Card information on the representation of a foreign legal entity.

LIST OF DOCUMENTS
TO MAKE CHANGES TO THE CHANGE OF HEAD OFFICE

    
Written request for entry in the state register changes due to change in the head of the representative office / branch of a foreign legal entity
    
Notarially certified copy of the foreign legal entity to change the head of the representative office / branch.
    
Hotarialno a certified copy of a general power of attorney on the allotment of the new head of the representative office / branch of a foreign legal entity in the Russian Federation, the necessary powers.
    
A certified copy of the Power of Attorney to the authorized person of doing business.
    
Card information office / branch of a foreign legal entity.

LIST OF DOCUMENTS
To make changes with the change of the representative office / branch

    
Written request for entry in the state register of changes due to the change of the location of the representative office / branch of a foreign legal entity
    
Notarially certified copy of the foreign legal entity to change the location of the representative office / branch and Approval of the amended provisions
    
The original and a certified copy of the provisions of the representation / branch of a foreign legal entity in the Russian Federation with the new location
    
The original position of the representative office / branch office of a foreign legal entity in the Russian Federation with the former showing the location of the
    
Document confirming the address of the representative office / branch of a foreign legal entity in the Russian Federation
    
A certified copy of the Power of Attorney to the authorized person to conduct the affairs
    
Card information on the representation of a foreign legal entity

Changes of address, changes are required in the information letter Statregistra. If any changes need to notify the tax authority and funds.

Extension of accreditation of a representative office / branch

Accreditation is granted for a period of 1, 2, 3 or 5 (for branches) years. The term, which is limited to the activities of representation is specified in the resolution for its opening. The permit, if required, can be extended for another 1, 2, 3, or 5 years if timely treatment of a foreign legal entity in the House.

A foreign legal entity shall report to the accrediting body not later than 21 working days before it ends.

If a foreign entity has not applied for an extension of the accreditation of representation, upon its expiry representation is deemed to operate. Resumption of the establishment shall be in the manner provided for permission to open the file.

LIST OF DOCUMENTS
FOR RENEWAL OF ACCREDITATION OF REPRESENTATIVES

    
Written request for extension of the term of accreditation of a foreign legal entity in the Russian Federation
    
An extract from the commercial register or other document from the registration authority of the country of origin of the foreign legal entity, containing, inter alia, information on his whereabouts, officials and their credentials.
    
Report of a foreign legal entity of the activities during the past term of accreditation (Appendix number 11)
    
Original permission to open a representative office.
    
Original certificate of registration offices in the state register.
    
A notarized copy of the document on the production of a foreign legal entity registered with the tax authorities of the Russian Federation and the assignment of the taxpayer identification number (TIN).
    
Letters serving Russian banks to open accounts of a foreign entity and its affiliates.
    
A notarized copy of the general power of attorney which empowers the Head of a foreign legal entity in the Russian Federation, the necessary powers.
    
A certified copy of the Power of Attorney to the authorized person to practice before the FBI SRC with the Russian Ministry of Justice
     
Card information on the representation of a foreign legal entity.

LIST OF DOCUMENTS
FOR RENEWAL OF ACCREDITATION

BRANCH OF A FOREIGN ENTITY

    
Written statement to the FBI SRC with the Russian Ministry of Justice with a request to extend the accreditation of a branch of a foreign legal entities on the territory of the Russian Federation
    
An extract from the commercial register or other document from the registration authority of the country of origin of the foreign legal entity, containing, inter alia, information on his whereabouts, officials and their credentials.
    
Report a branch of a foreign company activities during the past term of accreditation (Appendix number 12)
    
The original certificate of accreditation of the branch of a foreign legal entity
    
A notarized copy of the document on the production of a foreign legal entity registered with the tax authorities of the Russian Federation and the assignment of the taxpayer identification number (TIN)
    
A copy of the declaration of income tax of a foreign organization with the tax inspection
    
Letters serving Russian banks to open accounts of a foreign entity and its affiliates
    
A notarized copy of the general power of attorney to confer the branch manager of a foreign legal entity in the Russian Federation, the necessary powers
    
A certified copy of the Power of Attorney to the authorized person to practice before the FBI SRC with the Russian Ministry of Justice
    
Information card on the branch of a foreign legal entity

After obtaining a new permit for accreditation and certificate of registration in the register must notify the tax authority, funds and bank.

Closure of the representative office / branch

According to the decision of a foreign legal entity or the activities of its branch offices in Russia may be terminated prior to the expiration of accreditation.

A foreign legal person is required to notify the accrediting body of the decision.

Based on the received notification letters accrediting body prepares for an official notice of the termination of the representative office / branch for submission to the tax, customs and immigration authorities of the Russian Federation.

At the close of representation granted him permission to open and certificate of registration in the state register of accredited on the territory of the Russian Federation offices / branches of foreign companies are to be returned to the accrediting body, and the seals and stamps - returned for destruction. Also returning accreditation cards.

Letters to the notice of the termination of the representation shall be issued within 18 working days of the submission of a complete set of documents. If necessary, the period of registration may be reduced to 5 working days.

LIST OF DOCUMENTS
REPRESENTATIVE OFFICES TO CLOSE

    
A written statement by Russian Ministry of Justice on the termination of a foreign legal entity in the Russian Federation.
    
Notarially certified copy of the foreign legal entity to terminate the activities of its representative office in the Russian Federation.
    
Original permission to open a representative office.
    
Original certificate of registration offices in the state register.
    
Accreditation cards for foreign employees and their families.
    
A certified copy of the Power of Attorney to the authorized person of doing business.

LIST OF DOCUMENTS
BRANCH TO CLOSE FOREIGN LEGAL ENTITY

    
Written statement to the FBI SRC with the Russian Ministry of Justice on the termination of a branch of a foreign legal entity in the Russian Federation
    
Notarially certified copy of the foreign legal entity to terminate the activities of its subsidiary in the Russian Federation
    
The original certificate of accreditation and the inclusion of a branch in the State Register
    
Accreditation cards branch employees and their families
    
A certified copy of the Power of Attorney to the authorized person to practice before the FBI SRC with the Russian Ministry of Justice.

Removal of the tax accounting

Initially, you must submit an application to the tax authority in free form on termination of activities. After that, the tax checks activities. In case of any violations, they will need to be addressed.

List of documents

    
Applications for Deregistration (application number 13);
    
The decision of the authorized body of a foreign organization to cease the activity in the territory of the Russian Federation, including through a branch, subsidiary or representative office (the closure of the Office, a branch or representative office);
    
Extract from the register of foreign legal entities of the country of origin, or equivalent legal document certifying the termination of a foreign organization in this country - if the foreign company ceases operations;
    
Tax declarations (calculations) for taxes, made at the date of termination of the foreign organization.

Removal from the register of extra-budgetary funds

To apply for termination of the application with the decisions and letters issued by the accreditation body. Is checked calculations. When it is complete office / branch is removed from the register.

Statement of the foreign company tax registration in connection with the opening of a bank account in Russia.

Foreign entity is subject to registration with the tax authority at the place of registration of the bank (branch office), in which she opens an account in rubles or foreign currency.

List of required documents:

    
An application for registration (application number 15);
    
Help the tax authority of the country of origin of the foreign organization for which it is registered as a taxpayer in this country with the code of the taxpayer (or equivalent code of the taxpayer);
    
Charter (Charter) a foreign organization;
    
Extract from the register of foreign legal entities of the country of origin or other equivalent legal document confirming the legal status of the foreign entity
    
Power of attorney

The participation of foreign companies in Russian companies

The order of registration is determined by the Federal Law "On State Registration of Legal Entities".

On the founder - a foreign entity to the registering body is further provided an extract from the register or other document confirming the status of a legal entity.

Applicant under this registration can only be the head of a foreign legal entity.

His signature on the application form on 11001 must be notarized.

In the absence of the head of a foreign legal entity in the Russian Federation, its signature can be witnessed in the consular offices in the Russian embassy abroad.