Who can take advantage of the law 488 FZ. On industrial policy in the Russian Federation
1. GENERAL PROVISIONS
1.1. The Personal Data Processing Policy (hereinafter referred to as the Policy) was developed in
in accordance with the Federal Law of July 27, 2006. No. 152-FZ “On Personal Data” (hereinafter referred to as FZ-152).
1.2. This Policy determines the procedure for processing personal data and measures to ensure the security of personal data at the Bar Association “Tax Lawyers” LLC (hereinafter referred to as the Operator) in order to protect the rights and freedoms of humans and citizens when processing their personal data, including the protection of rights to integrity privacy, personal and family secrets.
1.3. The Policy uses the following basic concepts:
- automated processing of personal data - processing of personal data using means computer technology;
- blocking of personal data - temporary cessation of processing of personal data (except for cases where processing is necessary to clarify personal data);
- personal data information system - a set of personal data contained in databases and ensuring their processing information technologies and technical means;
- depersonalization of personal data - actions as a result of which it is impossible to determine without the use of additional information the ownership of personal data to a specific subject of personal data;
- processing of personal data - any action (operation) or set of actions (operations) performed using automation tools or without the use of such means with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction , use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data;
- operator - government agency, municipal body, a legal entity or individual who, independently or jointly with other persons, organizes and (or) carries out the processing of personal data, as well as determining the purposes of processing personal data, the composition of personal data to be processed, actions (operations) performed with personal data;
- personal data – any information related to directly or indirectly determined or determined to an individual(to the subject of personal data);
- provision of personal data – actions aimed at disclosing personal data to a certain person or a certain circle of persons;
- dissemination of personal data - actions aimed at disclosing personal data to an indefinite number of persons (transfer of personal data) or familiarizing with personal data to an unlimited number of persons, including the publication of personal data in the media, posting in information and telecommunication networks or providing access to personal data in any other way;
- cross-border transfer of personal data - transfer of personal data to the territory of a foreign state to an authority of a foreign state, a foreign individual or a foreign legal entity.
- destruction of personal data - actions as a result of which it is impossible to restore the content of personal data in the personal data information system and (or) as a result of which the material media of personal data are destroyed;
1.4. The company is obliged to publish or otherwise provide unrestricted access to this Personal Data Processing Policy in accordance with Part 2 of Art. 18.1. Federal Law 152.
2. PRINCIPLES AND CONDITIONS FOR PROCESSING PERSONAL DATA
2.1. Principles for processing personal data
2.1.1. The processing of personal data by the Operator is carried out on the basis of the following principles:
- legality and fairness;
- limiting the processing of personal data to the achievement of specific, predetermined and legitimate purposes;
- preventing the processing of personal data incompatible with the purposes of collecting personal data;
- preventing the merging of databases containing personal data, the processing of which is carried out for purposes that are incompatible with each other;
- processing only those personal data that meet the purposes of their processing;
- compliance of the content and volume of processed personal data with the stated purposes of processing;
- inadmissibility of processing personal data that is excessive in relation to the stated purposes of their processing;
- ensuring the accuracy, sufficiency and relevance of personal data in relation to the purposes of processing personal data;
- destruction or depersonalization of personal data upon achieving the goals of their processing or in the event of loss of the need to achieve these goals, if it is impossible for the Operator to eliminate violations of personal data, unless otherwise provided by federal law.
2.2. Conditions for processing personal data
2.2.1. The operator processes personal data if at least one of the following conditions exists:
- processing of personal data is carried out with the consent of the subject of personal data to the processing of his personal data;
- processing of personal data is necessary for the administration of justice, execution judicial act, an act of another body or official subject to execution in accordance with the legislation of the Russian Federation on enforcement proceedings;
- processing of personal data is necessary for the execution of an agreement to which the subject of personal data is a party or beneficiary or guarantor, as well as for concluding an agreement on the initiative of the subject of personal data or an agreement under which the subject of personal data will be a beneficiary or guarantor;
- processing of personal data is necessary to exercise the rights and legitimate interests operator or third parties or to achieve socially significant goals, provided that the rights and freedoms of the subject of personal data are not violated;
- processing of personal data is carried out, access to which is provided by an unlimited number of persons by the subject of personal data or at his request (hereinafter referred to as publicly available personal data);
- processing of personal data subject to publication or mandatory disclosure in accordance with federal law is carried out.
2.3. Confidentiality of personal data
2.3.1. The operator and other persons who have access to personal data are obliged not to disclose to third parties or distribute personal data without the consent of the subject of personal data, unless otherwise provided by federal law.
2.4. Public sources of personal data
2.4.1. For the purpose of information support, the Operator may create publicly available sources of personal data of personal data subjects, including directories and address books. Public sources of personal data, with the written consent of the subject of personal data, may include his last name, first name, patronymic, date and place of birth, position, contact telephone numbers, address Email and other personal data provided by the subject of personal data.
2.4.2. Information about the subject of personal data must be excluded at any time from publicly available sources of personal data at the request of the subject of personal data, the authorized body for the protection of the rights of personal data subjects, or by court decision.
2.5. Special categories of personal data
2.5.1. Processing by Operator special categories personal data relating to race, national origin, political opinions, religious or philosophical beliefs, health status, intimate life, is allowed in cases where:
- the subject of personal data has given consent to writing to process your personal data;
- personal data is made publicly available by the subject of personal data;
- processing of personal data is carried out in accordance with the legislation on state social assistance, labor legislation, legislation of the Russian Federation on state pensions pension provision, O labor pensions;
- the processing of personal data is necessary to protect the life, health or other vital interests of the subject of personal data or the life, health or other vital interests of other persons and obtaining the consent of the subject of personal data is impossible;
- the processing of personal data is carried out for medical and preventive purposes, in order to establish a medical diagnosis, provide medical and medical and social services, provided that the processing of personal data is carried out by a person professionally engaged in medical activities and obliged in accordance with the legislation of the Russian Federation to maintain medical confidentiality;
- processing of personal data is necessary to establish or exercise the rights of the subject of personal data or third parties, as well as in connection with the administration of justice;
- processing of personal data is carried out in accordance with the legislation on compulsory types of insurance, with insurance legislation.
2.5.2. The processing of special categories of personal data carried out in the cases provided for in paragraph 4 of Article 10 of Federal Law No. 152 must be immediately terminated if the reasons for which their processing was carried out are eliminated, unless otherwise provided by federal law.
2.5.3. The processing of personal data on criminal records may be carried out by the Operator only in cases and in the manner determined in accordance with federal laws.
2.6. Biometric personal data
2.6.1. Information that characterizes the physiological and biological characteristics of a person, on the basis of which his identity can be established - biometric personal data - can be processed by the Operator only with the consent of the subject of personal data in writing.
2.7. Entrusting the processing of personal data to another person
2.7.1. The operator has the right to entrust the processing of personal data to another person with the consent of the subject of personal data, unless otherwise provided by federal law, on the basis of an agreement concluded with this person. The person processing personal data on behalf of the Operator is obliged to comply with the principles and rules for processing personal data provided for by Federal Law No. 152 and this Policy.
2.8. Processing of personal data of citizens of the Russian Federation
2.8.1. In accordance with Article 2 Federal Law dated July 21, 2014 N 242-FZ “On amendments to certain legislative acts of the Russian Federation in terms of clarifying the procedure for processing personal data in information and telecommunication networks" when collecting personal data, including through the information and telecommunication network "Internet", the operator is obliged to ensure recording, systematization, accumulation, storage, clarification (updating, changing), retrieval of personal data of citizens of the Russian Federation using databases located on the territory of the Russian Federation, except for the following cases:
- the processing of personal data is necessary to achieve the purposes provided for international treaty of the Russian Federation or by law, to implement and fulfill the functions, powers and responsibilities assigned by the legislation of the Russian Federation to the operator;
- the processing of personal data is necessary for the administration of justice, the execution of a judicial act, the act of another body or official, subject to execution in accordance with the legislation of the Russian Federation on enforcement proceedings (hereinafter referred to as the execution of a judicial act);
- processing of personal data is necessary for the execution of powers federal bodies executive power, government bodies off-budget funds, executive bodies state power subjects of the Russian Federation, bodies local government and functions of organizations involved in providing, respectively, government and municipal services, provided for by the Federal Law of July 27, 2010 N 210-FZ “On the organization of the provision of state and municipal services”, including registration of the subject of personal data on the unified portal of state and municipal services and (or) regional portals of state and municipal services;
- processing of personal data is necessary for the implementation professional activity journalist and (or) legal activities of the media or scientific, literary or other creative activity provided that the rights and legitimate interests of the subject of personal data are not violated.
2.9. Cross-border transfer of personal data
2.9.1. The operator is obliged to make sure that the foreign state to whose territory it is intended to transfer personal data provides adequate protection of the rights of the subjects of personal data before such transfer begins.
2.9.2. Cross-border transfer of personal data within the territory foreign countries that do not provide adequate protection of the rights of personal data subjects may be carried out in the following cases:
- the presence of written consent of the subject of personal data to the cross-border transfer of his personal data;
- execution of a contract to which the subject of personal data is a party.
3. RIGHTS OF THE SUBJECT OF PERSONAL DATA
3.1. Consent of the subject of personal data to the processing of his personal
3.1.1. The subject of personal data decides to provide his personal data and consents to their processing freely, of his own free will and in his own interest. Consent to the processing of personal data can be given by the subject of personal data or his representative in any form that allows confirmation of the fact of its receipt, unless otherwise provided by federal law.
3.2. Rights of the subject of personal data
3.2.1. The subject of personal data has the right to receive from the Operator information regarding the processing of his personal data, unless such right is limited in accordance with federal laws. The subject of personal data has the right to demand that the Operator clarify his personal data, block or destroy it if the personal data is incomplete, outdated, inaccurate, illegally obtained or is not necessary for the stated purpose of processing, and also accept provided by law measures to protect your rights.
3.2.2. Processing of personal data for the purpose of promoting goods, works, services on the market by making direct contacts with the subject of personal data (potential consumer) using communication means, as well as for the purposes of political propaganda, is permitted only with the prior consent of the subject of personal data.
3.2.3. The operator is obliged to immediately stop, at the request of the personal data subject, the processing of his personal data for the above purposes.
3.2.4. It is prohibited to make decisions based solely on automated processing of personal data that generate legal consequences in relation to the subject of personal data or otherwise affecting his rights and legitimate interests, except for cases provided for by federal laws, or with written consent of the subject of personal data.
3.2.5. If the subject of personal data believes that the Operator is processing his personal data in violation of the requirements of Federal Law-152 or otherwise violates his rights and freedoms, the subject of personal data has the right to appeal the actions or inaction of the Operator to the Authorized Body for the Protection of the Rights of Personal Data Subjects or to judicial procedure.
3.2.6. The subject of personal data has the right to protection of his rights and legitimate interests, including compensation for losses and (or) compensation for moral damage.
4. ENSURING THE SECURITY OF PERSONAL DATA
4.1. The security of personal data processed by the Operator is ensured by the implementation of legal, organizational and technical measures necessary to ensure the requirements of federal legislation in the field of personal data protection.
4.2. To prevent unauthorized access to personal data, the Operator applies the following organizational and technical measures:
- purpose officials those responsible for organizing the processing and protection of personal data;
- limiting the number of persons allowed to process personal data;
- familiarization of subjects with the requirements of federal legislation and regulatory documents Operator for processing and protection of personal data;
- organization of accounting, storage and circulation of media containing information with personal data;
- identification of threats to the security of personal data during their processing, formation of threat models based on them;
- development of a personal data protection system based on a threat model;
- use of information security tools that have passed the procedure for assessing compliance with the requirements of the legislation of the Russian Federation in the field of information security, in cases where the use of such means is necessary to neutralize current threats;
- checking the readiness and effectiveness of using information security tools;
- differentiation of user access to information resources and software and hardware for information processing;
- registration and accounting of actions of users of personal data information systems;
- use of anti-virus tools and recovery tools for the personal data protection system;
- application in necessary cases firewall, intrusion detection, security analysis and cryptographic protection information;
- organization access control to the territory of the Operator, security of premises with technical means processing of personal data.
5. FINAL PROVISIONS
5.1. Other rights and obligations of the Operator in connection with the processing of personal data are determined by the legislation of the Russian Federation in the field of personal data.
5.2. Employees of the Operator guilty of violating the rules governing the processing and protection of personal data are subject to material, disciplinary, administrative, civil or criminal liability in the manner established by federal laws.
Article 1
Make the following changes to the Federal Law of February 8, 1998 No. 14-FZ “On Limited Liability Companies” (Collected Legislation of the Russian Federation, 1998, No. 7, Art. 785; 2002, No. 12, Art. 1093):
1) Article 3 shall be supplemented with paragraph 3 1 as follows:
"3 1. Exclusion of the company from the unified state register legal entities in the manner established by the federal law on state registration legal entities for non-operating legal entities, entails the consequences provided for by the Civil Code of the Russian Federation for the refusal of the main debtor to fulfill the obligation. IN in this case, if the failure to fulfill the obligations of the company (including due to harm) is due to the fact that the persons specified in paragraphs 1 - 3 of Article 53 1 Civil Code Russian Federation, acted in bad faith or unreasonably, at the request of the creditor, such persons may be subject to subsidiary liability for the obligations of this company.";
2) Article 57 shall be supplemented with paragraphs 6 and 7 as follows:
"6. The period for liquidation of the company, established by its participants or the body that made the decision to liquidate the company, cannot exceed one year, and if the liquidation of the company cannot be completed within the specified period, this period may be extended in court, but for no more than six months.
7. In case of cancellation by the participants of the company or the body that made the decision to liquidate the company, earlier decision taken on the liquidation of the company or the expiration of the period specified in paragraph 6 of this article, re-adopting a decision on voluntary liquidation of this company is possible no earlier than six months from the date of entering information about this into the unified state register of legal entities."
Article 2
Amend Federal Law No. 129-FZ of August 8, 2001 “On State Registration of Legal Entities and individual entrepreneurs"(Collected Legislation of the Russian Federation, 2001, No. 33, Art. 3431; 2003, No. 26, Art. 2565; No. 52, Art. 5037; 2005, No. 27, Art. 2722; 2007, No. 7, Art. 834; No. 30, Article 3754; 2008, No. 3616; No. 20, 23; No. 49, Art. 6409; No. 30, Art. 4576; 2014, No. 1551; , Art. 1811; No. 27, Art. 4000, 4001) the following changes:
1) in article 5:
a) paragraph 1 shall be supplemented with subparagraph “and 2” with the following content:
"and 2) information on the initiation of bankruptcy proceedings of a legal entity, on the procedures carried out in relation to the legal entity, applied in the bankruptcy case;";
b) paragraph 4 should be supplemented with the following paragraph:
“The entry into the Unified State Register of Legal Entities of the information provided for in subparagraph “and 2” of paragraph 1 of this article is carried out by the registering authority on the basis of a ruling received by the registration authority from the arbitration court on accepting an application for declaring the debtor bankrupt, as well as submitted by the operator of the Unified federal register information about bankruptcy information about the name of the debtor - a legal entity and information identifying the debtor (state registration number records of state registration of a legal entity, an identification number taxpayer), information on the introduction of supervision, financial recovery, external management, on declaring the debtor bankrupt and on opening bankruptcy proceedings, about the date of introduction of the corresponding procedure, information about the termination of bankruptcy proceedings, information about the approved external manager or bankruptcy trustee (last name, first name and, if any, patronymic of such an arbitration manager, his taxpayer identification number) and about changes in such information. The specified information is submitted by the operator of the Unified Federal Register of Bankruptcy Information in the form electronic documents in the manner established by the Government of the Russian Federation, no later than three days from the date of their inclusion in this register.";
2) in article 21 1;
a) the name should be stated as follows:
"Article 21 1. Exclusion of a legal entity from the unified state register of legal entities by decision of the registering authority";
b) paragraph 2 should be supplemented with the following paragraph:
“The decision on the upcoming exclusion is not made if the registration authority has the information provided for in subparagraph “and 2” of paragraph 1 of Article 5 of this Federal Law.”;
c) paragraph 4 should be stated as follows:
"4. Applications must be motivated and can be sent or submitted in a form approved by the federal executive body authorized by the Government of the Russian Federation, no later than three months from the date of publication of the decision on the upcoming exclusion. These applications can be sent or submitted to the registering body in the ways specified in paragraph 6 of Article 9 of this Federal Law. In this case, a decision to exclude an inactive legal entity from the unified state register of legal entities is not made.";
d) add paragraph 5 with the following content:
"5. The procedure for excluding a legal entity from the unified state register of legal entities provided for by this article also applies in the following cases:
a) the impossibility of liquidating a legal entity due to the lack of funds for the expenses necessary for its liquidation and the impossibility of assigning these expenses to its founders (participants);
b) presence in a single state register legal entities of information in respect of which a record of their unreliability was made, for more than six months from the date of making such a record.";
3) paragraph 7 of Article 22 shall be supplemented with the following paragraph:
"The registration authority does not exclude an inactive legal entity from the unified state register of legal entities if the registration authority has the information provided for in subparagraph "and 2" of paragraph 1 of Article 5 of this Federal Law."
Article 3
Amend the Federal Law of October 26, 2002 No. 127-FZ “On Insolvency (Bankruptcy)” (Collected Legislation of the Russian Federation, 2002, No. 43, Art. 4190; 2005, No. 44, Art. 4471; 2007, No. 30, Art. 3754; 2008, art. 4; 2011, art. 41; ; No. 49, Art. 26, Art. 3481; 1, art. 10, 29; no. 3945, 3977; no. 11; no. 3296;
1) in article 10:
a) paragraph 5 should be stated as follows:
"5. An application for bringing the persons controlling the debtor to subsidiary liability on the grounds provided for by this Federal Law, and (or) an application for compensation to the debtor for losses caused to it by its founders (participants) or its management bodies (members of its management bodies), on the grounds , provided for by the legislation of the Russian Federation, are considered by the arbitration court in the bankruptcy case of the debtor or by the arbitration court that considered the bankruptcy case, if these applications were filed after the completion of bankruptcy proceedings or the court returned an application declaring the debtor bankrupt or terminated the bankruptcy proceedings in due to the lack of funds sufficient for compensation legal expenses to carry out procedures used in bankruptcy cases.
An application for holding a person controlling the debtor to subsidiary liability on the basis provided for in paragraph 2 of this article during bankruptcy proceedings may be filed by the bankruptcy trustee on his own initiative or by decision of a meeting of creditors or a committee of creditors, a representative of the debtor’s employees, an employee, former employee the debtor or an authorized body whose debt arose after the expiration of the period provided for in paragraphs 2 and 3 of Article 9 of this Federal Law.
An application for holding a person controlling the debtor to subsidiary liability on the basis provided for in paragraph 4 of this article during bankruptcy proceedings may be filed by the bankruptcy trustee on his own initiative or by decision of a meeting of creditors or a committee of creditors, a bankruptcy creditor, a representative of the debtor's employees, an employee, a former employee debtor or authorized body.
An application for compensation to the debtor for losses caused to him by his founders (participants) or his management bodies (members of his management bodies), during bankruptcy proceedings, external management may be submitted by the bankruptcy manager, external manager, founder (participant) of the debtor, and during bankruptcy proceedings may also be filed by a bankruptcy creditor or an authorized body.
An application to bring a controlling debtor of a person to subsidiary liability on the grounds provided for in paragraphs 2 and 4 of this article may be filed within three years from the day when the person entitled to submit such an application learned or should have learned about the existence of appropriate grounds for bringing to subsidiary liability, but no later than three years from the date of declaring the debtor bankrupt. If this deadline is missed good reason it can be restored by the court.
An application for holding a controlling debtor of a person to subsidiary liability on the basis provided for in paragraph 2 of this article may also be filed by a person who has the right to submit such an application if the court returns an application for declaring the debtor bankrupt or terminates bankruptcy proceedings in due to the lack of funds sufficient to reimburse legal costs for the procedures applied in the bankruptcy case. Such an application is subject to consideration by the arbitration court, which previously considered the bankruptcy case and terminated the proceedings in this case (returning the application for declaring the debtor bankrupt).
An application to bring a controlling debtor of a person to subsidiary liability on the basis provided for in paragraph 4 of this article may also be filed no later than three years from the date of completion of bankruptcy proceedings if the person who has the right to submit such an application learned or should have known about the presence of appropriate grounds for bringing to subsidiary liability after the completion of bankruptcy proceedings and if a similar claim on the same grounds and to the same persons was not presented and considered in the bankruptcy case. If this deadline is missed for a good reason, it may be restored by the court.";
b) add paragraphs 5 1 - 5 8 with the following content:
"5 1. If at the time of consideration of the application to bring the persons controlling the debtor to subsidiary liability it is impossible to determine the amount of liability, the court, after establishing all other facts relevant for bringing to subsidiary liability, issues a ruling, in the operative part containing conclusions about the proof of the existence of grounds for bringing the controlling persons the debtor of persons to subsidiary liability and to suspend the consideration of this application until the completion of settlements with creditors or until the completion of consideration of the claims of creditors submitted before the completion of settlements with creditors. The specified determination and the decision on refusal to bring to subsidiary liability can be appealed.
By revising appeal for a ruling to refuse to satisfy an application to bring persons controlling the debtor to subsidiary liability appellate court, having established the existence of grounds for bringing persons controlling the debtor to subsidiary liability (in the absence of the possibility of establishing the amount of liability) and canceling the ruling of the court of first instance, adopts a judicial act, the operative part of which contains conclusions on the proof of the existence of grounds for bringing persons controlling the debtor to subsidiary liability and on suspension of consideration of this application until the completion of settlements with creditors or until the completion of consideration of claims of creditors submitted before the completion of settlements with creditors.
5 2. After completing settlements with creditors, the bankruptcy trustee, along with a report on the results of the bankruptcy proceedings, sends to arbitration court a petition to resume proceedings to consider an application to bring persons controlling the debtor to subsidiary liability, indicating the amount of subsidiary liability to be recovered in favor of each person whose claims remained outstanding due to the insufficiency of the debtor’s property.
5 3. If the consideration of an application to bring the persons controlling the debtor to subsidiary liability was suspended in accordance with paragraph 5 1 of this article, the issue of determining the amount of subsidiary liability and the bankruptcy trustee’s report on the results of the bankruptcy proceedings are considered in one court hearing.
In this case, the ruling on the completion of bankruptcy proceedings (on the termination of bankruptcy proceedings) must also contain information about the amount to be recovered from the person(s) brought to subsidiary liability in favor of each creditor whose claims remained unsatisfied due to insufficiency property, and the order of repayment of the claims of each creditor in accordance with Article 134 of this Federal Law.
5 4 . If settlements with creditors are completed (procedural actions in the bankruptcy case are terminated), and the consideration of the application for bringing the persons controlling the debtor to subsidiary liability has not been suspended and not completed, the court, at the request of the persons participating in the bankruptcy case, suspends the proceedings in the case on bankruptcy before a ruling is made on applications to bring the persons controlling the debtor to subsidiary liability. The arbitration manager is not paid a fixed amount of remuneration at the expense of the debtor for the period during which the bankruptcy case is suspended in accordance with this article.
Based on the determination to bring the persons controlling the debtor to subsidiary liability, made in accordance with this paragraph, a writ of execution or writs of execution according to the rules of paragraph 5 6 of this article.
5 5 . An application for bringing the persons controlling the debtor to subsidiary liability on the basis established by paragraph 4 of this article, filed after the completion of bankruptcy proceedings, is considered by the court that considered the bankruptcy case, according to the rules of Chapter 28 2 of the Arbitration Court procedural code Russian Federation.
Any of the creditors for current obligations, creditors whose claims are included in the register of creditors' claims, and creditors whose claims are recognized as justified but subject to repayment after the claims included in the register of creditors' claims have the right to file an application to bring the persons controlling the debtor to subsidiary liability in the amount of unsatisfied claims of such a creditor, indicated in the bankruptcy trustee’s report on the results of the bankruptcy proceedings.
If the application for bringing the persons controlling the debtor to subsidiary liability does not indicate the circle of persons interested in bringing the persons controlling the debtor to subsidiary liability, the arbitration court leaves such an application without movement and grants the applicant the right to familiarize himself with the bankruptcy case in order to determine circle of persons for their indication in the application for bringing the persons controlling the debtor to subsidiary liability.
Based on the decision to bring to subsidiary liability, a writ of execution or writs of execution are issued according to the rules of paragraph 5 6 of this article.
5 6. When issuing writs of execution for the forced execution of a judicial act on bringing the persons controlling the debtor to subsidiary liability, the arbitration court, in addition to information about the amount to be paid to each creditor, indicates the order of repayment of each creditor's claim in accordance with Article 134 of this Federal Law.
During enforcement proceedings for the execution of a judicial act on bringing persons controlling the debtor to subsidiary liability, Part 1 of Article 111 of the Federal Law “On Enforcement Proceedings” does not apply, and the claims of collectors are repaid in accordance with the order specified in the writs of execution.
5 7. An application for bringing the persons controlling the debtor to subsidiary liability on the basis established by paragraph 2 of this article, filed after the court has returned the application for declaring the debtor bankrupt or the termination of bankruptcy proceedings due to the lack of funds sufficient to reimburse legal expenses for the procedures applied in a bankruptcy case, is considered by the court that previously considered the bankruptcy case and terminated the proceedings on it (returning the application for declaring the debtor bankrupt), according to the rules of claim proceedings.
The rule on involving the main debtor in the consideration of an application for bringing to subsidiary liability the persons controlling the debtor, established by paragraph 3 of Article 399 of the Civil Code of the Russian Federation, does not apply in this case.
5 8 . If the arbitration court returns an application to declare the debtor bankrupt or terminates bankruptcy proceedings due to the lack of funds sufficient to reimburse legal expenses for the procedures applied in the bankruptcy case, the creditor who filed the said application, the creditors in the bankruptcy case , the proceedings for which have been terminated, have the right to file a claim for recovery in their favor from the persons specified in paragraphs 1 - 3 of Article 53 1 of the Civil Code of the Russian Federation, losses caused through their fault to the debtor, in an amount not exceeding the amount of the claims of such creditor to the debtor, if there are grounds for compensation for losses to the debtor specified in paragraphs 1 - 3 of Article 53 1 of the Civil Code of the Russian Federation.";
2) Article 28 shall be supplemented with paragraph 6 7 as follows:
"6 7. The operator of the Unified Federal Register of Bankruptcy Information submits to the federal executive body carrying out state registration of legal entities information about the name of the debtor - legal entity and information identifying the debtor (state registration number of the record on state registration of the legal entity, taxpayer identification number) , information on the introduction of supervision, financial recovery, external management, on declaring the debtor bankrupt and on the opening of bankruptcy proceedings, as well as on the date of introduction of the corresponding procedure, information on the termination of bankruptcy proceedings, information on the approved external manager or bankruptcy manager (surname, name and, if any, patronymic of such arbitration manager, his taxpayer identification number) and on changes in such information. The specified information is submitted by the operator of the Unified Federal Register of Bankruptcy Information in the form of electronic documents in the manner established by the Government of the Russian Federation, no later than three days from the date. their inclusion in this register.";
3) in paragraph 4 of Article 42:
a) paragraph one should be supplemented with the words “to the body carrying out state registration of legal entities”;
b) add the following paragraph:
“To the body carrying out state registration of legal entities, a determination to accept an application for declaring a debtor bankrupt is sent by the arbitration court in the form of an electronic document.”;
4) paragraph 2 of Article 147 shall be supplemented with the following paragraphs:
"a list of creditors' claims for current obligations that remain unsatisfied due to insufficient Money(indicating the unsatisfied claim of each creditor);
a list of claims of creditors whose claims are recognized as justified, but subject to repayment after the claims included in the register of creditors' claims that remained unsatisfied due to insufficient funds (indicating the unsatisfied claim of each creditor).
Article 4
1. This Federal Law comes into force upon the expiration of one hundred and eighty days after its date official publication, with the exception of provisions for which this article establishes a different date for their entry into force.
2. Paragraph 2 of Article 1, subparagraphs “c” and “d” of paragraph 2 of Article 2 of this Federal Law come into force on September 1, 2017.
3. The provisions of paragraphs 5 - 5 4, 5 6 of Article 10 of the Federal Law of October 26, 2002 No. 127-FZ “On Insolvency (Bankruptcy)” (as amended by this Federal Law) apply to applications submitted after July 1, 2017 to attract controlling the debtor's persons to subsidiary liability or applications for bringing the persons controlling the debtor to liability in the form of compensation for losses.
4. The provisions of paragraph 5 5 of Article 10 of the Federal Law of October 26, 2002 No. 127-FZ “On Insolvency (Bankruptcy)” (as amended by this Federal Law) apply to applications for bringing persons controlling the debtor to subsidiary liability if the determination the completion of bankruptcy proceedings against such debtors was issued after September 1, 2017.
President of the Russian Federation V. Putin
“On Limited Liability Companies” (Collection of Legislation of the Russian Federation, 1998, No. 7, Art. 785; 2002, No. 12, Art. 1093) the following changes:
7. If the participants of the company or the body that made the decision to liquidate the company cancel a previously made decision to liquidate the company or the expiration of the period specified in paragraph 6 of this article, a repeated decision on the voluntary liquidation of this company is possible no earlier than six months from day of entering information about this into the unified state register of legal entities."
Article 2
a) the name should be stated as follows:
"Article 21.1. Exclusion of a legal entity from the unified state register of legal entities by decision of the registering authority";
d) add paragraph 5 with the following content:
"5. The procedure for excluding a legal entity from the unified state register of legal entities provided for by this article also applies in the following cases:
a) the impossibility of liquidating a legal entity due to the lack of funds for the expenses necessary for its liquidation and the impossibility of assigning these expenses to its founders (participants);
b) the presence in the unified state register of legal entities of information in respect of which an entry was made about their unreliability, for more than six months from the date of making such an entry.";
Article 3
1) the clause is no longer valid. (as amended by Federal Law dated July 29, 2017 N 266-FZ)
"6.7. The operator of the Unified Federal Register of Information on Bankruptcy submits to the federal executive body carrying out state registration of legal entities information about the name of the debtor - legal entity and information identifying the debtor (state registration number of the record on state registration of the legal entity, taxpayer identification number), information on the introduction of supervision, financial recovery, external management, on declaring the debtor bankrupt and on the opening of bankruptcy proceedings, as well as on the date of introduction of the corresponding procedure, information on the termination of bankruptcy proceedings, information on the approved external manager or bankruptcy manager (last name, first name and, if available, the patronymic of such arbitration manager, his taxpayer identification number) and on changes in such information, the specified information is submitted by the operator of the Unified Federal Register of Bankruptcy Information in the form of electronic documents in the manner established by the Government of the Russian Federation, no later than three days from the date of their submission. entry into this register.";
b) add the following paragraph:
“To the body carrying out state registration of legal entities, a determination to accept an application for declaring a debtor bankrupt is sent by the arbitration court in the form of an electronic document.”;
a list of claims of creditors whose claims are recognized as justified, but subject to repayment after the claims included in the register of creditors' claims that remained unsatisfied due to insufficient funds (indicating the unsatisfied claim of each creditor).
Article 4
1. This Federal Law comes into force one hundred and eighty days after the day of its official publication, with the exception of provisions for which this article establishes a different date for their entry into force.
2. Paragraph 2 of Article 1, subparagraphs “c” and “d” of paragraph 2 of Article 2 of this Federal Law come into force on September 1, 2017.
3. - 4. Clauses are no longer valid. (as amended by Federal Law dated July 29, 2017 N 266-FZ)
The president
Russian Federation
V. PUTIN
Moscow Kremlin
In this article we will comment on the recently (12/28/2016) adopted law number 488-FZ, which amends the Federal Law dated 02/08/1998 No. 14-FZ “On Limited Liability Companies”, in Federal Law dated 08.08.2001 No. 129-FZ “On state registration of legal entities and individual entrepreneurs”, and in the Federal Law of October 26, 2002 No. 127-FZ “On insolvency (bankruptcy)” . Most of its articles come into force on July 1, 2017 and relate to expanding the ability of interested parties to file applications with the arbitration court in order to bring them to subsidiary liability, as well as liability in the form of recovery of damages from the managers and owners (beneficiaries) of organizations. In addition, in July 2017, a review of the most important procedural changes in parts and articles “Changes to the Bankruptcy Law on Subsidiary Liability” was published.
In corporate legislation - Federal Law “On Limited Liability Companies” - Federal Law 488-FZ introduced Article 3.1 on the possibility of bringing to subsidiary liability persons who previously controlled the activities of the company that was forcibly liquidated by the tax authority due to the absence of signs of an active person.
The term “” itself and all the reasons for its use were described earlier in this article.
Subsidiary liability without bankruptcy
These changes can be called cardinal, since any interested parties are allowed to submit an application to hold participants and managers of companies to subsidiary liability. True, this only applies to those legal entities that were excluded from the Unified State Register of Legal Entities due to failure to submit reports and lack of movement of money through accounts within a year prior to such exclusion. This rule is in effect from September 1, 2017.
Companies abandoned with debts and liquidated by registration authorities now entail risks for their former beneficiaries.
Also, the law allows for an increase in the period of liquidation of a company from 1 year to 1.5 years by court decision, while it prohibits repeated (in case of cancellation of the previous decision) filing an application for voluntary liquidation within 6 months.
The following changes have been made to the Federal Law dated 08.08.2001 No. 129-FZ “On State Registration of Legal Entities and Individual Entrepreneurs”.
There will be a new column in the Unified State Register of Legal Entities containing information about the organization’s bankruptcy procedures. Such information will be sent to the registration authority by the operator of the Unified Federal Register of Bankruptcy Information (EFRSB) no later than 3 days from the date of their entry into the EFRSB.
Prohibited forced liquidation companies if there is information about their bankruptcy, or if there are substantiated statements from interested parties about the violation of their rights by the liquidation of the company. It should be noted that in practice this approach has been in effect for a long time, and is now enshrined at the legislative level.
Changes to the Bankruptcy Law
Federal Law of October 26, 2002 N 127-FZ “On insolvency (bankruptcy)” has undergone a number of impressive changes, especially its well-known Article 10.
UPD. As mentioned above, the most important procedural changes in 2017 are described in the parts and articles “Changes in the Bankruptcy Law on Subsidiary Liability”, and Article 10 of the Bankruptcy Law became invalid in July 2017.
The changes apply to applications submitted since July 1, 2017 to bring persons to subsidiary liability and to recover damages.
Article 10, which provides for subsidiary liability, has been supplemented by changes in paragraph 5 on the possibility filing and consideration of the relevant application and after completion of bankruptcy proceedings, as well as when a bankruptcy application is returned or a bankruptcy case is terminated due to lack of funds to finance the procedure.
The last reason – lack of financing – was very common for the court not to initiate bankruptcy procedures and is no longer an obstacle to bringing persons to subsidiary liability, even in the absence of bankruptcy society as such. Dozens and hundreds of bankruptcy applications from creditors were returned to the applicants due to the lack of proof of the possibility of financing future bankruptcy proceedings. As a result, all debtors of these creditors were able to leave the issues of debt repayment without any worries. Now this vicious practice is being stopped.
Bringing to subsidiary liability without a bankruptcy case
The statement of liability of the controlling persons in this case is filed within a three-year period to the same arbitration court that returned the bankruptcy petition or terminated the case. Legislation now allows for filing statement of claim on the recovery of damages from the guilty parties in claim proceedings according to the same rules.
In addition, the right to submit a similar application and employees of the company, though only in the bankruptcy procedure.
A statement of liability for failure to file a bankruptcy petition may be filed within 3 years from the date the corresponding obligation arose, but no later than 3 years from the date of commencement of bankruptcy proceedings.
In a situation where the court, at the request of a party, establishes the existence of grounds for bringing to subsidiary liability, but the amount of this liability cannot yet be determined (the bankruptcy estate is replenished, settlements with creditors are in progress), the arbitration court, on its own initiative, must suspend consideration of the separate dispute, and in operative part of the definition indicate evidence of the presence of guilty actions. The person who overturned the court ruling on refusal to prosecute should do the same. Court of Appeal – indicate in the operative part the existence of grounds for prosecution and suspend production. The proceedings are resumed on the basis of a petition from the bankruptcy trustee, which indicates the amount of money to be recovered.
After completion of bankruptcy proceedings, the right to common grounds(Part 4 of Article 10 of the Bankruptcy Law) submit an application to bring the guilty parties to subsidiary liability - creditors
- for current obligations
- included in all queues of the register of creditors' claims
- registered creditors.
As we see, Federal Law of December 28, 2016 No. 488-FZ“On Amendments to Certain Legislative Acts of the Russian Federation” made it possible, along with bankruptcy creditors, to submit applications to guilty persons, including after completion of the bankruptcy proceedings, creditors for current obligations and those creditors whose claims were taken into account for repayment at the expense of the remainder all other creditors of the property. 
Performance list for the collection of subsidiary liability must contain not only the amount of the amount paid to each creditor, but also its priority relative to other creditors. Now, structures affiliated with the guilty parties will not be able to simply buy out debts (subsidiary liability, losses) at auction, because claimants will indicate specific creditors.
- the right to make demands on the persons controlling the company after the completion of its activities has appeared, but only as a result of forced liquidation
- forced liquidation of enterprises is prohibited if there is a bankruptcy record in the Unified State Register of Legal Entities or tax authority a statement from an interested person has been submitted
- an application for bringing to subsidiary liability can be filed both after the completion of the bankruptcy procedure and outside this procedure, if its introduction was previously refused or the proceedings were terminated
- an application for bringing to subsidiary liability can be filed by any type of creditor: registered, registry, current, employee
- By general rule an application for bringing to subsidiary liability and recovery of damages is filed within three years from the moment the person should have known or learned about the existence of relevant grounds
- Civil prosecution of persons guilty of bankruptcy or before creditors, creditors themselves will be able to initiate and carry out within the framework of enforcement proceedings and after the completion of bankruptcy procedures.
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1. The state industrial information system is created in order to automate the processes of collecting and processing information necessary to ensure the implementation of industrial policy and exercise the powers of federal executive bodies to stimulate activities in the industrial sector, inform about the support provided to subjects of activity in the industrial sector, as well as to increase effectiveness of information exchange on the state of industry and the forecast of its development.
2. Creation, operation and improvement of state information system industries are provided by the authorized body, which is the operator of the state industrial information system. The authorized body has the right to transfer the functions of the operator of the state information system to industry state fund development of industry, part of the powers and functions of the founder of which was transferred by the Government of the Russian Federation authorized body. For the purpose of operating and improving the state industrial information system (except for the case where the functions of the operator of the state industrial information system are transferred to the specified state industrial development fund), the authorized body has the right to attract other persons in accordance with the legislation of the Russian Federation.
3. The creation, operation and improvement of the state industrial information system are carried out on the basis of the following principles:
1) completeness, reliability and timeliness of the provision of information for inclusion in the state industrial information system and the general availability of information included in this information system, with the exception of information to which access is limited by federal laws;
2) one-time collection of information for inclusion in the state industrial information system in the event that information similar in content, degree of detail and frequency of provision was sent to mandatory a subject of the state industrial information system for inclusion in the state industrial information system or other state information system;
3) interaction of the state industrial information system with other information systems;
4) ensuring state security during the creation, operation and improvement of the state industrial information system;
5) availability and free software of the state industrial information system, necessary for the subjects of this state industrial information system in order for them to provide mandatory information for inclusion in the state industrial information system in accordance with this Federal Law and other regulations legal acts Russian Federation.
4. The state industrial information system must contain information:
1) about the state of industry and the forecast for its development;
2) about subjects of activity in the industrial sector;
3) on forecasts for the output of the main types of industrial products and on their actual output, on the characteristics of industrial products taking into account industry affiliation, as well as on the volume of imports of industrial products into the Russian Federation (by type of industrial products);
4) on the use of resource-saving technologies and renewable energy sources in the process of industrial activity;
5) on state and municipal programs developed for the purpose of forming and implementing industrial policy;
6) on measures to stimulate activity in the industrial sector provided for by the relevant state and municipal programs;
7) on the achievement of efficiency indicators for the application of incentive measures carried out at the expense of funds federal budget;
8) on the forecast for the development of industrial sectors, the requirements for the formation of which are determined by the Government of the Russian Federation;
9) about the personnel potential of industrial entities and their needs for personnel;
10) about information and technical reference books on the best available technologies and about methodological recommendations on their use;
11) in the form of annual reports on the state and development of industry, prepared by the authorized body in accordance with paragraph 1 of part 3 of article 6 of this Federal Law;
12) on the conclusion, amendment, termination and termination of special investment contracts, as well as on the results of monitoring the fulfillment by investors of obligations under special investment contracts.
5. The list of information from the state industrial information system, subject to mandatory placement in the public domain on the Internet information and telecommunications network, and the list of information requested by the authorized body on manufactured products (taking into account the characteristics of industrial sectors) for inclusion of such information in the state industrial information system are determined Government of the Russian Federation.
6. Information contained in the state industrial information system and subject to mandatory posting in the public domain on the Internet information and telecommunications network is provided free of charge.
7. State authorities, local self-government bodies, industrial entities are required to provide the operator of the state industrial information system with information included in this information system and which is not information to which access is limited by federal laws, in the composition and in the manner established by the Government Russian Federation.
8. The Government of the Russian Federation establishes the procedure for interaction of the state industrial information system with other state information systems.
8.1. The state industrial information system is used for information interaction between persons specified in Articles 18.1 and 18.5 of this Federal Law when concluding, amending, terminating and terminating special investment contracts, as well as when monitoring the fulfillment by investors of obligations under special investment contracts.
9. Financial support creation, operation and functioning of the state industrial information system is carried out at the expense of federal budget funds allocated to the authorized body for implementation government programs as part of the implementation of industrial policy.