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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of February 3, 2020 No. 78

About criteria to which there shall correspond person having intention to become the guarantor, and recognition No. 717 which voided Orders of the Government of the Russian Federation of August 19, 2013

According to Item 1 of part 11 of article 62 of the Federal law "About Customs Regulation in the Russian Federation and about Modification of Separate Legal Acts of the Russian Federation" Government of the Russian Federation decides:

1. Approve the enclosed criteria to which there shall correspond person having intention to become the guarantor.

2. Declare invalid the order of the Government of the Russian Federation of August 19, 2013 No. 717 "About criteria to which there shall correspond person having intention to become the guarantor for ensuring payment of customs duties, taxes" (The Russian Federation Code, 2013, to No. 34, the Art. 4447).

3. This resolution becomes effective after 30 days after day of its official publication.

Russian Prime Minister

M. Mishustin

Approved by the Order of the Government of the Russian Federation of February 3, 2020 No. 78

Criteria to which there shall correspond person having intention to become the guarantor

1. Person having intention to become the guarantor is the legal entity created in accordance with the legislation of the Russian Federation (further - the legal entity) in one of the following forms of business:

joint-stock company;

limited liability company.

2. The legal entity in accordance with the legislation of the Russian Federation is not affiliated economic society in relation to person for who the guarantee is provided.

3. State registration of the legal entity is performed at least 3 years prior to day of the conclusion of the guarantee agreement.

4. The legal entity does not perform banking, insurance activity, and also the activities provided by Chapters 55 - 61 Customs code of the Eurasian Economic Union.

5. Availability at the legal entity of the authorized capital in the amount of at least 350 million rubles.

6. Concerning the legal entity proceeedings about bankruptcy are not initiated and (or) the legal entity is not in stage of reorganization or liquidation in accordance with the legislation of the Russian Federation.

7. The legal entity has no duty which is not fulfilled at the scheduled time on payment of customs duties, taxes, the special, anti-dumping, compensatory duties, penalty fee, percent.

8. The legal entity has no outstanding obligation on payment of the administrative fine which is ordered to pay to the legal entity based on which took (entered) legal effect of the resolution (resolutions) on cases on administrative offenses, responsibility for which is provided by Chapter 16 of the Russian Federation Code of Administrative Offences, except as specified, if the completion date of the resolution on imposing of administrative penalty established by part 1 of article 32.2 of the Russian Federation Code of Administrative Offences did not expire.

9. The legal entity has no losses confirmed with accounting data:

following the results of the last accounting year preceding year in which the guarantee agreement is signed;

following the results of the I quarter of year of imprisonment of the guarantee agreement if the guarantee agreement is signed in the II quarter of year;

following the results of I and II quarters of year of imprisonment of the guarantee agreement if the guarantee agreement is signed in III quarter of year;

following the results of I, II and III quarters of year of imprisonment of the guarantee agreement if the guarantee agreement is signed in the IV quarter of year.

10. Following the results of the last reporting 3 years preceding year in which the guarantee agreement, the size of net profit of the legal entity confirmed with accounting data is signed annually constitutes at least than 70 million rubles.

11. The net assets value of the legal entity determined by accounting data makes at least 500 million rubles.

12. The maximum amount of all at the same time current agreements of the guarantee signed by the legal entity constitutes:

no more than 5 percent of net assets value of the legal entity if net assets value makes less than 1 billion rubles;

no more than 6 percent of net assets value of the legal entity if net assets value makes from 1 to 5 billion rubles;

no more than 7 percent of net assets value of the legal entity if net assets value makes more than 5 billion rubles.

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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