Register of accredited branches and representative offices of foreign organizations. New procedure for accreditation of foreign legal entities. What fees must be paid

30.01.2018

This material provides links to public online company registries in various countries. In some cases, access to information from such registries is provided free of charge and without registration, in others - in full or in part on a paid basis and / or with user authorization.

Practice recent years shows that such services are actively developing and improving, and the amount of available information is gradually expanding, and this trend is typical for most developed countries. For example, one of the leaders in the field of transparency of corporate information is the UK. The search service on the website of the Companies House (Companies House) allows you to find out not only the legal address and current status of the company, but also information about the directors, shareholders and "persons with significant control" (beneficiaries) of British companies and partnerships, as well as the history of filing documents from their attached scanned copies.

Why might information about a foreign company be required? For example, when concluding international commercial transactions, including when acquiring shares in a company. One of the main principles of ensuring the legal security of business (including international business) is due diligence. Insufficient attention of the party to a future transaction to the choice of a foreign counterparty or a company being acquired, in the absence of even the most basic information about them, may lead to entrepreneurial activity various risks.

Therefore, before concluding a deal or establishing partnerships with a foreign firm (unless, of course, this is a well-known public company) it is advisable to independently find out at least the following questions. Does the company really exist? What is her current status? When and where was it registered? Who are its directors, shareholders (participants)? Does the company submit financial and tax reporting? Is the company in the process of voluntary or involuntary liquidation? Of course, this is only the “tip of the iceberg”, and full preparation for the transaction requires much more information and the help of professional lawyers.

Jurisdiction	Link to the online registry to search for basic information about the company	Information Language
Belize	http://companysearch.bz/public_search/index.php Only the name, registration number and current status are available.	English
British Virgin Islands	http://www.bvifsc.vg/en-gb/divisions/registryofcorporateaffairs/certificateverification.aspx Authentication service for certificates issued by the BVI Register of Companies. For verification, you must enter a unique ID-number of the certificate.	English
Great Britain	https://www.gov.uk/get-information-about-a-company	English
Hong Kong	https://www.icris.cr.gov.hk/csci/ Registration and agreement to the terms of use is required.	English Chinese
Denmark	https://datacvr.virk.dk/data/	Danish English
Delaware (USA)	https://icis.corp.delaware.gov/Ecorp/EntitySearch/NameSearch.aspx Some of the information is provided for a fee.	English
Ireland	https://search.cro.ie/company/CompanySearch.aspx	English
Cayman islands	https://www.registry.gov.ky/verify/ Authentication service for certificates issued by the Registrar of Companies of the Cayman Islands. For verification, you must enter the digital file number and authorization code available on the document.	English
Cyprus	https://efiling.drcor.mcit.gov.cy/DrcorPublic/SearchForm.aspx?sc=1	English Greek Turkish
Latvia	https://www.lursoft.lv/	Latvian Russian English
Malta	http://rocsupport.mfsa.com.mt/pages/SearchCompanyInformation.aspx Only the name, registration number, legal address and status are freely available.	English
Netherlands	https://www.kvk.nl/ Information is provided for a fee.	Dutch
Russia

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Provision of consulting legal services and practical legal assistance in the registration of legal entities, accreditation foreign missions and branches. Drafting and amending constituent documents. Liquidation, bankruptcy and reorganization services legal entities, closing representative offices and branches.

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Register of accredited branches of foreign organizations contains a set of specific information about such units. Find out what this information includes, how it gets into the registry and how you can get it from there - learn from our material.

What is the register of accredited branches and representative offices of foreign legal entities in Russia

The State Register of Accredited Branches and Representative Offices of Foreign Legal Entities (GRAFP) is a systematized set of information about subdivisions of foreign companies that:

• have been accredited in the Russian Federation;
• operate under Russian law.

Through accreditation, state control is carried out:

• for the creation of a branch of a foreign legal entity;
• for opening a representative office of a legal entity;
• for the termination of the activities of branches/representative offices of foreign legal entities (F/R JUL).

The date of accreditation is of particular importance in this case, since a foreign commercial firm has the right to carry out its activities in the territory of the Russian Federation through a branch or representative office only from the date of their accreditation. At the same time, the date of accreditation is the day the relevant entries are made in the GRAFP.

The material will introduce you to the tax features for foreign companies operating in the Russian Federation.

The GRAFP is maintained by the tax authorities on the basis of the procedure approved by the order of the Federal Tax Service of December 26, 2014 No. ММВ-7-14 / [email protected] The GRAFP federal database is filled with certain information - learn about their composition in the next section.

The composition of the information contained in the GRAFP is listed in Appendix No. 2 of the order, approved. Order of the Federal Tax Service No. ММВ-7-14/ [email protected]

This appendix, which consists of 29 paragraphs, contains the following information:

• information about the foreign company:
  • basic (name, registration address, size authorized capital and etc.);
  • additional (about the registration authority, etc.);
• F/P JUL data:
  • general (name, address, contact details, date of commencement of activity);
  • detailed (information about the manager, number of employees, types of activities, etc.);
• other information and details of supporting documents.

For more detailed information on the composition of the specified information, see the diagram:

What information about separate divisions of domestic companies will need to be submitted to the tax authorities to enter information about them in the Unified State Register of Legal Entities - see the material "Registration of a separate division - step by step instructions 2016".

How information enters the register of branches of foreign legal entities

Information about the F / P YUL can get into the GRAFP only after the necessary package of documents is received by the tax authorities and the accreditation procedure is completed.

This procedure is as follows:

• A foreign company that has made a decision to open a subdivision on the territory of the Russian Federation (within 12 months after the decision is made) submits to the tax authorities:
  • application for accreditation (f. No. 15AFP);
  • documents necessary for accreditation, listed in clause 7 of the procedure, approved. Order of the Federal Tax Service No. ММВ-7-14/ [email protected];
• tax officials study the documents and make an appropriate entry in the GRAFP - they are given 25 working days from the date of submission of the above documents;
• the accredited branch/representative office is issued a certificate of making an entry in the GRAFP and an information sheet (Form No. 15SvFP, 15ZFP).

Information about F / P JUL may not be included in the SCFA - find out about such situations in the next section.

When information is not included in the state register

A foreign firm that has opened its division in the Russian Federation may be denied accreditation. In this case, entries in the GRAFP are not made.

Rejection occurs if:

• shortcomings in the documents required for accreditation were identified:
  • by volume (papers are not presented in full or not submitted at all);
  • in form (do not meet the established requirements);
  • by deadlines (transferred to the tax authorities later than the deadline specified by law);
  • by content (the presence of false information in the documents);
• goals of creating F/P JUL:
  • contradict the Constitution of the Russian Federation, international treaties of the Russian Federation, the legislation of the Russian Federation;
  • pose a threat to the sovereignty, political independence, territorial integrity, and national interests of the Russian Federation.

In what cases the tax authorities can refuse an economic entity and how to prove the groundlessness of the refusal - find out from the materials and messages posted on our website:

• ;

Scheme for obtaining information from the state register

To obtain information from the SCAF, you must submit a request (any form) and send it to the tax authorities:

• through a representative or by mail - if the request is made on paper;
• through the website of the Federal Tax Service or EPGU ( Single portal public services) - if the request is in electronic format.

For an electronic request, 2 conditions must be met:

• sign it UKEP (enhanced qualified electronic signature) the applicant;
• submit to the tax authorities.

Obtaining information from GRAFP occurs:

• one of 2 forms:
  • f. 15VFP (information about a specific branch / representative office);
  • f. 15SFP (certificate of the absence of the requested information);
• by registered mail with acknowledgment of receipt (unless another method of delivery is specified by the applicant in the request);
• no later than 5 working days from the date of receipt by the tax authorities of the relevant request.

The extract obtained from the SCRA can be used:

• to confirm legal status F / P YUL and their authorized persons;
• to register the right of ownership;
• in other cases (to clarify information about counterparties, issue a license, etc.).

On the website of the Federal Tax Service of Russia, using a special service, you can instantly familiarize yourself with the following information from GRAFP for free:

• on the name of the accredited F/P FLE;
• about his whereabouts;
• on the date of assignment of the state accreditation record number (NZA);
• on the date of termination of accreditation.

To make the information available, it is enough to enter in the corresponding search line of the service start page:

• name F / P YUL;
• or TIN/KPP of a foreign company;
• or NZA.

How free services help to reduce commercial risks, see the materials posted on our portal:

Results

The register of accredited branches and representative offices of foreign legal entities contains information about foreign subdivisions operating in the territory of the Russian Federation.

To get into the register, a foreign company that has opened a branch in the Russian Federation must submit an application and a package of documents according to a legally defined list to the tax authorities in a timely manner.

Registers of foreign states

A preliminary check of a potential business partner is a reliable way to protect yourself from possible risks and financial losses. When it comes to collaboration with Russian organization, then there is always the opportunity to contact the manager directly, request supporting registration documents or seek help from the Russian State Register. But what if you do business internationally and the legal entity is registered in another country?

Registers of legal entities of other states are available on our resource. Here you can check information about a foreign counterparty for free by contacting the state register of a specific country. You only need to search by TIN and make sure that such an organization really exists. To obtain more complete information, an extract from the European Business Register, where the business partner of interest to you is registered, will help. With this document you will be able to:

• verify the authenticity and relevance of registration information about the company;
• find out whether the legal address declared by the counterparty corresponds to the actual one;
• make sure that the company operates to this day and is not liquidated;
• check information about the founders of the company;
• find out the type of activity of the counterparty;
• to figure out financial indicators activities and the size of the authorized capital;
• obtain information about shareholders and managers;
• learn about the changes made to the registration data.

The extract from the foreign state register received from us contains the most up-to-date information, since our company is an official partner of the European Business Register and receives all data directly without intermediaries. For each country, you can request different documents for the company you are interested in.

Having an extract from the register of foreign states, it will be much easier for you to prove your case in case the foreign counterparty fails to fulfill its obligations under the contract.

An extract from the European Business Register will also help if it is necessary to conclude a deal on the supply of goods to the territory of Russia.

Legislative Reviews

In addition to tax inspection bodies, employees are also interested in questionable transactions. customs service. In order for your business not to take risks, and in the end you do not suffer financial damage, it is worth checking the public register of the country whose tax jurisdiction your partner belongs to.

Make sure before concluding various agreements in the very fact of the existence of a foreign organization and the right of its representatives to sign contracts in order to be calm in the future for the purity of the transaction. Select the country you are interested in from the list and read the data provided by the register of foreign countries.

FAQ:

Accreditation of branches, representative offices of foreign legal entities

Since August 22, 2016, the register of accredited branches and representative offices of foreign legal entities has become available online (hereinafter - " online registry”), which is maintained by the registration authority on a par with previously available unified state register individual entrepreneurs(EGRIP) and the Unified State Register of Legal Entities (EGRLE).

The online register contains information about branches and representative offices of a foreign legal entity, as well as basic information about a foreign legal entity.

So, among other things, contains information on the date of entry in the register of information on the accreditation of branches and representative offices of foreign legal entities, on the types of economic activities of branches and representative offices in Russian Federation, on the head of branches and representative offices, on the number of foreign citizens who are employees of branches and representative offices.

Please note that the extract obtained through the online registry is not an official document, and also, judging by our experience, changes regarding branches and representative offices are currently displayed with some delay. Thus, obtaining an official statement from the tax authority is still a more reliable way to confirm information regarding branches and representative offices of foreign legal entities.

The online register is posted and available on the website of the Federal tax service.

Why are registries useful?

From September 1, 2016, when confirming and updating information about a client, including about persons authorized to act on behalf of a legal entity, branch or representative office, banks use information from public registers.

This innovation may eliminate the need for clients to provide a bank statement on paper to confirm and update the necessary information.

This became possible due to amendments to the Federal Law “On Banks and Banking Activity” introduced by Federal Law No. 191-FZ dated June 23, 2016.

Register of accredited branches of foreign organizations

About the service

Legal grounds

The service is developed in accordance with the requirements of paragraphs 4, 5 and 8 of paragraph 11 of Article 21 federal law dated July 9, 1999 No. 160-FZ “On Foreign Investments in the Russian Federation” (with amendments and additions). The composition of open and publicly available information posted on the site and provided by the service is determined by order of the Federal Tax Service of Russia dated December 26, 2014 N ММВ-7-14 / [email protected]"On approval of the procedure for the creation, operation and maintenance of the state register of accredited branches, representative offices of foreign legal entities and the provision of information from it, the composition of the information contained in it, as well as the composition of the information to be posted on the information and telecommunication network "Internet".

Service features

The service provides an opportunity to any interested person for free:

• find and view information about branches, representative offices of foreign legal entities contained in open and public information of the state register;
• view the list of all accredited branches, representative offices of a foreign legal entity;
• receive an extract from the register about a specific branch, representative office of a foreign legal entity or a certificate of absence of the requested information in the form of an electronic document signed with an enhanced qualified electronic signature.

Comments and suggestions on the operation of the service, as well as appeals about the absence or incorrectness of data in the register are accepted by the Federal Tax Service of Russia through the interactive form "TECHNICAL SUPPORT". The term for consideration of requests about an error in the operation of the service is no more than 5 working days, the term for considering requests about the absence or incorrectness of data, as well as proposals for improving the service - no more than 15 working days.

Features of work

Service data is updated daily 1 time per day. The last update date is displayed on the search results page.

Extracts from the register and certificates of the absence of the requested information provided by the service, in accordance with the provisions of Article 6 of the Federal Law of 04/06/2011 No. 63-FZ "On Electronic Signature", are recognized as equivalent to a paper document signed with a handwritten signature.

In accordance with the internal organizational and administrative documents of the Federal Tax Service of Russia electronic documents, provided by the service, are signed with an enhanced qualified electronic signature of the Interregional Inspectorate of the Federal Tax Service of Russia for Centralized Data Processing (MI of the Federal Tax Service of Russia for Data Center).

Foreign legal entities opening representative offices in the Russian Federation are required to go through the accreditation procedure and register with the tax authorities. This is a long and complex process that requires certain knowledge of the law.

The first step in registering a branch of a foreign company in the Russian Federation is accreditation. This mandatory procedure takes at least 35 working days and represents the entry of information about the branch into the state register and the issuance of a certificate of the established form.

Passing the accreditation procedure for branches of foreign companies in Russia is mandatory in accordance with the legislation of the Russian Federation. The Interdistrict Inspectorate of the Federal Tax Service (MIFTS) No. 47 for Moscow has the right to conduct accreditation.

Also, in the process of accreditation, it is necessary to certify the number of foreign employees of the branch. The Chamber of Commerce and Industry of the Russian Federation (CCI RF) has the right to certify the number of foreign employees of the branch.

The cost of services for accreditation of a representative office of a foreign company in Moscow is from 120,000 rubles on a turnkey basis.

If it is necessary to interact with the parent company, communication is conducted in English.

Additionally paid:

- state duty for accreditation in the IFTS of a branch or representative office of a foreign company. The amount of the fee is 120,000 rubles. The fee is paid at a time.
- state duty to the Chamber of Commerce and Industry of the Russian Federation from 5,000 to 15,000 rubles, depending on the number of foreign employees.
– notary expenses and services of translation of documents, as well as interpretation for foreign representatives when notarizing documents at a notary.

During our work, we have registered and accredited over 150 representative offices and branches of foreign companies in Russia!

Scheme of working with us

1. We answer all questions, hold a meeting or communicate in any convenient way

2. We conclude an agreement

3. You provide us with information for accreditation

4. We prepare documents for accreditation

5.We prepare notarized translations of documents

6.We certify documents at the notary

7. We certify in the CCI the number of foreign employees

8. We submit documents to the Federal Tax Service

9. After 30 working days we receive a set of constituent documents

10. Get statistics codes

11. Order a print (if necessary)

12. We receive notifications of registration with the FSS and the FIU

13. We prepare documents for opening a bank account (optional)

14. We transfer the finished set of documents

List of required documents:

• Written statement in MIFNS No. 47 for Moscow, drawn up in the prescribed form (15AFP). The application must be signed by the Head of the Branch or another person authorized by the foreign company. We are preparing this statement.
• Extract from the register of foreign legal entities country of origin of the company or another document of equal legal force confirming legal status foreign legal entity.
• Constituent documents foreign legal entity (Charter) (the document is valid for one year from the date of its legalization).
• Document issued by the authorized body of the country of origin of the foreign organization, confirming her registration as a taxpayer in that country, indicating the taxpayer code (or equivalent taxpayer code).
• The decision of a foreign legal entity to open a branch In Russian federation. Text this decision we are preparing.
• Regulations on the branch foreign legal entity in the Russian Federation. We are preparing the text of the regulation. It can be signed in Russia by the Head of the Branch or another person authorized by the foreign company.
• A notarized power of attorney granting the head of a branch of a foreign legal entity in the Russian Federation the necessary powers. We are preparing the text of this power of attorney.
• Notarized power of attorney to an authorized person to conduct business in the Chamber of Commerce and Industry of the Russian Federation and MIFNS No. 47 for Moscow (submitted if the trustee is not the head of the branch). We are preparing the text of this power of attorney.
• Copy of passport and tax registration certificate(TIN) (if any) of the Head of the Branch of a foreign company
• Card of information about the branch of a foreign legal entity.

Requirements for all foreign documents:

• Documents are only accepted genuine marks on consular legalization or certified by an apostille, if exemption from these procedures is not provided for by international agreements of the Russian Federation
• Documents must be translated into Russian (the translation must be notarized or at a consular office abroad)
• Documents are valid for 12 months from the date of issue.
• Powers of attorney and decisions are made with notarial certification of signatures and powers of the signatories.

A foreign citizen can be appointed to the position of the head of a branch of a foreign company in the Russian Federation only after obtaining a work permit in Russia, as well as after obtaining a permit for attracting and using foreign workers by a branch of a foreign company.

The procedure for obtaining these permits takes from 3 weeks to 3 months, depending on the type of work permit, and can only be started after the completion of the accreditation procedure.

Information that must be contained in the documents or must be presented in the form of additional information:

• Type of activity of a foreign company;
• Location of the foreign company;
• Phone, address Email, website address of a foreign company;
• Data of the head, founder and head of the branch (passport data, address of residence, TIN, date of birth, place of birth) of a foreign company;
• If the founder of a foreign company is a legal entity, then information about it is provided: name, address, taxpayer code, share of participation;
• Data on the registration of a foreign company (date of registration, name of the registration authority, its location, registration number of the organization, taxpayer code);
• Name of the servicing bank of the foreign company, SWIFT code, account number of the foreign company;
• The size of the authorized capital of a foreign company;
• Number of employees of a foreign company;
• Revenue of a foreign company for the previous financial year;
• Phone, e-mail address, branch website address;
• Registration address of the Branch in Russia
• Objectives and activities of the branch;
• Russian business partners;
• The number of foreign employees that the Branch plans to hire.

The Contractor begins the procedure for registering a representative office of a foreign organization from the moment of submission of all duly executed documents and submission of information necessary to complete the documents.
Branches of foreign legal entities may operate on the territory of the Russian Federation from the date of their accreditation and cease their activities in case of deprivation of their accreditation.

What state fees must be paid?

For accreditation of a branch of a foreign company is charged state duty 120,000 rubles.

Also, the fee is charged for certification by the Chamber of Commerce and Industry of the Russian Federation of the number of foreign employees of the Branch ( 5 000 rub. - in the absence of foreign employees or 15,000 rubles. - if there are foreign employees).

What else needs to be done to register a representative office of a foreign organization?

In addition to the accreditation procedure, for the full-fledged functioning of a foreign company in Russia, it is necessary to perform the following:

• registration in tax authorities(at least 5 business days)
• printing production;
• receipt of an information letter from the Statregister of Rosstat on registration in the USREO;
• registration in off-budget funds;
• opening a bank account.

Assistance to foreign legal entities in registration and accreditation

"Outsourcing Solutions" provides assistance in opening branches of foreign companies in the Russian Federation. Accreditation of a representative office of a foreign company in Moscow, Tver, St. Petersburg and other cities of Russia by our specialists includes:

• preparation of a registration package in Russian, English and other languages;
• notarized translation of documents;
• submission of documents to the Chamber of Commerce and Industry, State Registration Office of the Russian Federation;
• entering the organization into the register of accredited companies;
• registration with the IFTS;
• registration in off-budget funds.

Our employees interact directly with the parent foreign company: excellent ownership English language is an indispensable condition for professionals working in the corporate sector of our company. If necessary, we will help to obtain an extended quota for foreign workers.