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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of December 1, 2018 No. 1456

About approval of Rules of representation by the foreign legal entities, the foreign organizations who are not legal entities, and being under their control by the organizations in the federal executive body authorized on accomplishment of functions on control of implementation of foreign investments in the Russian Federation, information on the beneficiaries, beneficial owners and the controlling persons

According to part 2.2 of article 2 of the Federal law "About Procedure of Foreign Investments in the Economic Societies Having Strategic Importance for Ensuring Defense of the Country and Safety of the State" Government of the Russian Federation decides:

Approve the enclosed Rules of representation by the foreign legal entities, the foreign organizations who are not legal entities, and being under their control by the organizations in the federal executive body authorized on accomplishment of functions on control of implementation of foreign investments in the Russian Federation, information on the beneficiaries, beneficial owners and the controlling persons.

Russian Prime Minister

D. Medvedev

Approved by the Order of the Government of the Russian Federation of December 1, 2018 No. 1456

Rules of representation by the foreign legal entities, the foreign organizations who are not legal entities, and being under their control by the organizations in the federal executive body authorized on accomplishment of functions on control of implementation of foreign investments in the Russian Federation, information on the beneficiaries, beneficial owners and the controlling persons

1. These rules according to the Federal Law "About Procedure of Foreign Investments in the Economic Societies Having Strategic Importance for Ensuring Defense of the Country and Safety of the State" (further - the Federal Law) determine procedure for representation by the foreign legal entities, the foreign organizations who are not legal entities, and being under their control by the organizations (further - the applicant) in the federal executive body authorized on accomplishment of functions on control of implementation of foreign investments in the Russian Federation (further - authorized body), information on the beneficiaries, beneficial owners and the controlling persons (further - information).

2. The concepts applied in these rules are used in the values specified in the Federal Law.

3. The applicant presents information in document type, constituted in Russian in any form:

as a part of the petition for preliminary coordination of the transaction (other action) or the petition for coordination of establishment of control represented according to Rules of implementation of preliminary coordination of transactions and coordination of establishment of control of foreign investors or group of persons which the foreign investor, over the economic societies having strategic importance for ensuring defense of the country and safety of the state, approved by the order of the Government of the Russian Federation of October 17, 2009 No. 838 "About approval of Rules of implementation of preliminary coordination of transactions and coordination of establishment of control of foreign investors or group of persons which the foreign investor, over the economic societies having strategic importance for ensuring defense of the country and safety of the state enters" enters;

as a part of the notification on transaction (other action) represented according to Rules of representation by the foreign investor or group of persons which the foreign investor, information on transactions with the shares (shares) constituting the authorized capital of the economic societies having strategic importance for ensuring defense of the country and safety of the state, transactions, other actions which are subject to preliminary coordination, approved by the order of the Government of the Russian Federation of October 27, 2008 No. 795 "About approval of Rules of representation by the foreign investor or group of persons which the foreign investor, information on transactions with shares (shares) constituting the authorized capital of the economic societies having strategic importance for ensuring defense of the country and safety of the state, transactions, other actions which are subject to preliminary coordination enters" enters.

Information is provided also in request form, the Federal Law provided by part 6 of Article 8, about need of coordination of the planned transactions (other actions) according to the Federal Law.

4. By the applicant information can be presented in the form of the separate document in authorized body if decision making that the transaction (other action) assumed to making is not subject to preliminary coordination according to the procedure, provided by the Federal Law, requires availability of such document in authorized body.

5. Information includes:

a) the information about each of the beneficiaries, beneficial owners and the controlling persons;

b) data on the bases of reference of person to the beneficiary, the beneficial owner and the controlling person.

6. The information about the beneficiary, the beneficial owner and the controlling person includes:

a) complete and (in the presence) reduced names, the place of state registration, the location and the address - for the legal entity, surname, name and (in the presence) middle name, the residence - for physical person, and also contact telephone number and (in the presence) mail e-mail address;

b) data on nationality of the beneficial owner and the controlling person - for physical person, including data on availability at the citizen of the Russian Federation of other nationality, and also about whether this citizen of the Russian Federation is tax resident of the Russian Federation in accordance with the legislation of the Russian Federation about taxes and fees;

c) identification taxpayer number or code of the foreign organization, not being the legal entity;

d) core activities of the beneficiary, beneficial owner and the controlling person;

e) details of documents:

confirming state registration of the beneficiary and the controlling person - the legal entity or the beneficiary, the beneficial owner controlling faces - physical person as the individual entrepreneur according to the legislation of the relevant state or confirming the fact of creation (organization) of the beneficiary controlling faces - the legal entity, the foreign organization, not being the legal entity;

the proving identity of the beneficiary, the beneficial owner and the controlling person - physical person.

7. Data on the bases of reference of person to the beneficiary, the beneficial owner and the controlling person include:

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