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PRESIDENTIAL DECREE OF THE RUSSIAN FEDERATION

of July 2, 2024 No. 569

About modification of the Presidential decree of the Russian Federation of January 27, 2024 No. 73 "About temporary procedure for disclosure and provision of information by the economic societies which are economically significant organizations, and some other persons"

1. Bring in the Presidential decree of the Russian Federation of January 27, 2024 No. 73 "About temporary procedure for disclosure and provision of information by the economic societies which are economically significant organizations, and some other persons" (The Russian Federation Code, 2024, No. 5, Art. 672; No. 14, Art. 1898) following changes:

a) in Item 1:

the paragraph one to state in the following edition:

"1. Determine that information which is subject to disclosure and (or) provision based on requirements of the laws of the Russian Federation of December 27, 1991 No. 2124-I "About mass media" of November 27, 1992 No. 4015-I "About the organization of insurance case in the Russian Federation", the Federal Laws "About Banks and Banking Activity", of December 26, 1995 No. 208-FZ "About joint-stock companies", of April 22, 1996 No. 39-FZ "About the security market", of February 8, 1998 No. 14-FZ "About limited liability companies", of May 7, 1998 No. 75-FZ "About non-state pension funds", of August 7, 2001 No. 115-FZ "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing", of August 8, 2001 No. 129-FZ "About state registration of legal entities and individual entrepreneurs", of November 29, 2001 No. 156-FZ "About investment funds", of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)", of December 23, 2003 No. 177-FZ "About deposit insurance in banks of the Russian Federation", of July 26, 2006 No. 135-FZ "About protection of the competition", of July 27, 2006 No. 149-FZ "About information, information technologies and on information security", of July 27, 2006 No. 152-FZ "About personal data", of April 29, 2008 No. 57-FZ "About procedure of foreign investments in the economic societies having strategic importance for ensuring defense of the country and safety of the state" of December 30, 2008 No. 307-FZ "About auditor activities", of July 2, 2010 No. 151-FZ "About microfinancial activities and the microfinancial organizations", of July 27, 2010 No. 208-FZ "About consolidated financial statements", of July 27, 2010 No. 224-FZ "About counteraction to unauthorized use of the insider information and to market manipulation and about modification of separate legal acts of the Russian Federation", of April 6, 2011 No. 63-FZ "About the digital signature", of May 4, 2011 No. 99-FZ "About licensing of separate types of activity", of July 18, 2011 No. 223-FZ "About purchases of goods, works, services as separate types of legal entities", of December 6, 2011 No. 402-FZ "About financial accounting", of April 5, 2013 No. 44-FZ "About contractual system in the field of purchases of goods, works, services for ensuring the state and municipal needs", of August 2, 2019 No. 259-FZ "About investment attraction with use of investment platforms and about modification of separate legal acts of the Russian Federation", of June 8, 2020 No. 168-FZ "About the single federal information register, containing data on the population of the Russian Federation", of July 20, 2020 No. 211-FZ "About making of financial transactions with use of financial platform" and of July 31, 2020 No. 259-FZ "About digital financial assets, digital currency and about modification of separate legal acts of the Russian Federation", do not open and (or) the following persons do not provide:";

state the subitem "an" in the following edition:

"a) the economic societies which are economically significant organizations according to the Federal Law of August 4, 2023 No. 470-FZ "About features of regulation of the corporate relations in the economic societies which are economically significant organizations" (further - economically significant organizations), persons who shall or have the right to enter immediate possession by shares (shares in the authorized capital) of economically significant organization, person who transfers the right to the introduction in immediate possession by shares (shares in the authorized capital) of economically significant organization, economic societies which are created judicially and which transfers the rights of foreign holding company to shares (shares in the authorized capital) of economically significant organization, person who entered immediate possession by shares (shares in the authorized capital) of economically significant organization, persons, directly or indirectly holding shares (shares in the authorized capital) of economically significant organization. Specified persons do not open and (or) do not provide (except for case, stipulated in Item 2(1) these Decrees) only the following information:

information allowing to establish directly or indirectly availability at persons called in paragraph one of this subitem and (or) other persons of obligation or right to enter immediate possession by shares (shares in the authorized capital) of economically significant organization, the fact of transfer to these and (or) other persons of the right to the introduction to immediate possession by shares (shares in the authorized capital) of economically significant organization, the fact of the introduction of these and (or) other persons in immediate possession by shares (shares in the authorized capital) of economically significant organization and (or) the fact of the appeal of these and (or) other persons to Arbitration Court with the statement for suspension of implementation by foreign holding company of corporate laws concerning economically significant organization according to the Federal Law of August 4, 2023 No. 470-FZ "About features of regulation of the corporate relations in the economic societies which are economically significant organizations";

information on persons directly or indirectly holding shares (shares in the authorized (share) capital) of legal entities, the called in paragraphs one of this subitem, and persons under which control directly or indirectly there are legal entities called in paragraph one of this subitem including beneficial owners;";

b) Item 1 (to state 1) in the following edition:

"1(1). Persons called in Item 1 of this Decree having the right not to open and (or) not to provide other information which is subject to disclosure and (or) provision based on requirements of the legislation of the Russian Federation. At the same time the persons called in paragraph one of the subitem "an" of Item 1 of this Decree, having the right not to open and (or) not to provide information on persons which is subject to disclosure and (or) provision based on requirements of the legislation of the Russian Federation who are part of governing bodies of the legal entities called in paragraph one of the subitem "an" of Item 1 of this Decree and (or) replace the positions giving opportunity to determine actions of the legal entities called in paragraph one of the subitem "an" of Item 1 of this Decree and (or) about candidates for the specified positions.";

c) add with Item 1 (2) the following content:

"1(2). Persons which are affiliated economic societies of economically significant organizations, persons which are under control of economically significant organizations, persons, shares (shares in the authorized capital) of which economically significant organization directly or indirectly owns:

a) do not open and (or) do not provide information provided by paragraphs second and third the subitem "an" of Item 1 of this Decree;

b) has the right not to open and (or) not to provide information on persons which is subject to disclosure and (or) provision based on requirements of the legislation of the Russian Federation which are part of their governing bodies and (or) replace the positions giving opportunity to determine actions of persons specified in paragraph one of this Item and (or) about candidates for such positions.";

d) state Item 2 in the following edition:

"2. Persons called in Items 1 and 1 (2) this Decree and not opened and (or) not provided information based on Items 1 - 1(2) these Decrees, shall:

a) send the adequate notice to federal executive bodies and to other persons who based on the legal acts of the Russian Federation provided by paragraph one of Item 1 of this Decree shall obtain information which is subject to disclosure and (or) provision based on requirements of the legislation of the Russian Federation;

b) provide information which is subject to disclosure and (or) provision based on requirements of the legislation of the Russian Federation (except for to information provided by paragraphs second and third the subitem "an" of Item 1 of this Decree), to public authorities of the Russian Federation and other state bodies of the Russian Federation on their requests. Persons called in subitems "b" and "v" of Item 1 of this Decree shall provide such information also to the other persons specified in the subitem "an" of this Item on their requests.";

e) add with Item 2 (1) the following content:

"2(1). Economically significant organizations shall direct the notification on availability (absence) of the foreign persons directly or indirectly holding shares (shares in the authorized capital) of economically significant organization with indication of the size of share of foreign ownership (in the presence), and also information provided by the paragraph third the subitem "an" of Item 1 of this Decree:

a) in the Central bank of the Russian Federation - if economically significant organization or its affiliated economic societies are the credit institutions or not credit financial credit institutions performing the types of activity specified in the Federal Law of July 10, 2002 to No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)";

b) in the Ministry of Economic Development of the Russian Federation - in other cases.";

e) add with Item 2 (2) the following content:

"2(2). If the faces called in paragraph one of the subitem "an" of Item 1 of this Decree are public joint stock companies which shares are admitted to organized trading, the direction of information provided by the paragraph third the subitem "an" of Item 1 of this Decree concerning persons owning less than 5 percent of shares of such society, according to the procedure, stipulated in Item 2(1) these Decrees is not required.";

g) add with Item 2 (3) the following content:

"2(3). If information provided by the paragraph third the subitem "an" of Item 1 of this Decree after its direction in the Central bank of the Russian Federation or the Ministry of Economic Development of the Russian Federation changed, information on such changes goes to relevant organ.";

h) add with Item 2 (4) the following content:

"2(4). The notification and information directed according to Item 2 (1) this Decree in the Central bank of the Russian Federation or the Ministry of Economic Development of the Russian Federation, can be sent by the Central bank of the Russian Federation or the Ministry of Economic Development of the Russian Federation to court, the Prosecutor General's Office of the Russian Federation, the Investigative Committee of the Russian Federation, the Ministry of Internal Affairs of the Russian Federation, Federal Security Service of the Russian Federation according to their requirement for acquaintance in connection with the criminal or administrative cases which are in their production.";

i) add with Item 2 (5) the following content:

"2(5). Central Bank of the Russian Federation, the Ministry of Economic Development of the Russian Federation at the request of economically significant organization shall no later than ten working days from the date of receipt of such request in time issue to economically significant organization the conclusion about availability (absence) of the foreign persons directly or indirectly holding shares (shares in the authorized capital) of economically significant organization with indication of the size of share of foreign ownership (in the presence) based on directed according to Item 2 (1) this Decree of the notification and information. The conclusion is effective within three months from the date of its issue or before date of issue of the new conclusion. The conclusion is issued provided that based on directed according to Item 2 (1) this Decree of information the corresponding conclusion can be drawn. Responsibility for completeness, reliability and relevance of the specified information is born by economically significant organization.";

j) add with Item 2 (6) the following content:

"2(6). Taking into account the conclusion, stipulated in Item 2(5) these Decrees, economically significant organization for the statement of person called in paragraph one of the subitem "an" of Item 1 or Item 1 (2) this Decree (further - the applicant) having the right to issue to the applicant the conclusion about observance by it of requirements of the legal acts of the Russian Federation called in Item 1 of this Decree, and published in pursuance of such acts of other regulatory legal acts of the Russian Federation, regulations of the Central bank of the Russian Federation to the list of persons directly or indirectly holding shares (shares in the authorized (share) capital) of the applicant, to the list of persons under whose control it directly or indirectly is, including beneficial owners provided that based on the available information the conclusion can be drawn on observance of the specified requirements. The conclusion is issued in form according to appendix.";

k) add with Item 2 (7) the following content:

"2(7). The conclusions provided by Items 2 (5) and 2(6) these Decrees, can be provided by economically significant organization and the applicant in federal executive bodies and (or) to other persons.";

l) add with Item 2 (8) the following content:

"2(8). In case of issue to the applicant of the conclusion, stipulated in Item 2(6) these Decrees, confirmation of observance of requirements of the legal acts of the Russian Federation called in Item 1 of this Decree, and published in pursuance of such acts of other regulatory legal acts of the Russian Federation, regulations of the Central bank of the Russian Federation according to the procedure provided by these acts by it does not require.";

m) add with Item 2 (9) the following content:

"2(9). Information which is in prison issued to the applicant according to Item 2 (6) this Decree, it is equated to information on persons directly or indirectly holding shares (shares in the authorized (share) capital) of the applicant and persons under whose control it directly or indirectly is, including beneficial owners.";

o) add with Item 2 (10) the following content:

"2(10). Has no right to request information, disclosure and (or) provision of which based on this Decree are not performed, to require it disclosure and (or) provision:

a) the third parties, including the local government bodies, the credit and not credit financial institutions, persons rendering professional services in the financial market, notaries, auditing organizations;

b) public authorities of the Russian Federation and other state bodies of the Russian Federation, except as specified, provided by this Decree.";

o) add with Item 2 (11) the following content:

"2(11). Unsolved and (or) failure to provide information provided by paragraphs second and third the subitem "an" of Item 1 of this Decree are not the basis:

a) for refusal of the third parties, public authorities of the Russian Federation and other state bodies of the Russian Federation of interaction with persons called in Items 1 and 1 (2) this Decree, when implementing of economic activity by them or for restriction of such interaction;

b) for establishment by the third parties, public authorities of the Russian Federation and other state bodies of the Russian Federation of conditions of interaction with persons called in Items 1 and 1 (2) this Decree, when implementing of economic activity by them.";

p) state Item 3 in the following edition:

"3. The information which is not opened and (or) not provided by persons based on Items 1 - 1(2) these Decrees, but provided (directed) according to the subitem "b" of Item 2, Items 2 (1) and 2(3) these Decrees, are not subject to disclosure, including placement in the state information systems and other sources.";

c) add with Item 3 (1) the following content:

"3(1). The procedure for disclosure and provision of information established by this Decree is effective concerning persons, the called in paragraphs one of the subitem "an" of Item 1 and Item 1 (2) this Decree, also after completion of all procedures provided by the Federal Law of August 4, 2023 No. 470-FZ "About features of regulation of the corporate relations in the economic societies which are economically significant organizations", including after acquisition of the public status by economically significant organizations according to the procedure, established by this Federal Law.";

r) add with Item 3 (2) the following content:

"3(2). Until introduction of amendments to the Tax Code of the Russian Federation and the Federal Law of August 4, 2023 No. 470-FZ "About features of regulation of the corporate relations in the economic societies which are economically significant organizations":

a) persons specified in Items 1 and 2 of part 1 of article 7 of the Federal Law of August 4, 2023 to No. 470-FZ "About features of regulation of the corporate relations in the economic societies which are economically significant organizations", having the right to transfer the right to the introduction in immediate possession by shares (shares in the authorized capital) or part of shares (share in the authorized capital) of economically significant organization to the Russian physical and (or) legal entity (the Russian physical and (or) legal entities);

b) the procedure for the taxation of transactions (transactions) with shares (shares in the authorized capital) of economically significant organization established for physical and (or) legal entities (taxpayers) by Item 10.1 of Article 214. 1, Item 96 of Article 217, subitem 2.7 of Item 2 of Article 220, subitems 11.5 and 11.6 of Item 1 of Article 251, Item 2.6 of Article 277, Items 6.1 and 6.2 of article 284.2 of the Tax Code of the Russian Federation, it is applied in case of accomplishment of other conditions established by the specified provisions of the Tax Code of the Russian Federation to physical and (or) legal entities (taxpayers) called in relevant provisions of the Tax Code of the Russian Federation, also in case of partial receipt of shares by the physical and (or) legal entity (taxpayer) (share in the authorized capital) of economically significant organization (partial receipt of the right to the introduction in immediate possession by shares (shares in the authorized capital) of economically significant organization) within the number of shares (the size of share in the authorized capital) of economically significant organization, indirect possession by the taxpayer pro rata to share, obliged to enter immediate possession by shares (shares in the authorized capital) of economically significant organization.";

s) add with Item 3 (3) the following content:

"3(3). Determine that provisions of Item 17.2 of article 217 of the Tax Code of the Russian Federation in the edition operating on the date of entry into force of this Decree are applied to the income of physical persons - tax residents of the Russian Federation from implementation of shares (share in the authorized capital) of economically significant organization which income of specified persons from obtaining is exempted from the taxation according to Item 96 of article 217 of the Tax Code of the Russian Federation.".

2. To public authorities of the Russian Federation and other state bodies of the Russian Federation to bring the regulatory legal acts into accord with this Decree.

3. To Central Bank of the Russian Federation to bring the regulations into accord with this Decree.

4. This Decree becomes effective from the date of its official publication.

President of the Russian Federation

V. Putin

Appendix

to the Presidential decree of the Russian Federation of July 2, 2024 No. 569

"Appendix

to the Presidential decree of the Russian Federation of January 27, 2024 No. 73
(in edition of the Presidential decree of the Russian Federation of July 2, 2024 No. 569)

(the name, the address of the location of economically significant organization which issued the conclusion)

(date, number and place of issue of the conclusion)

CONCLUSION

about observance by the applicant of requirements of the legal acts of the Russian Federation called in Item 1 of the Presidential decree of the Russian Federation of January 27, 2024 No. 73 "About temporary procedure for disclosure and provision of information by the economic societies which are economically significant organizations, and some other persons" and other regulatory legal acts of the Russian Federation, regulations of the Central bank of the Russian Federation published in pursuance of such acts

1. Proves to be true present that:

a) ____________________________________________________________________

(full name of the legal entity,

_______________________________________________________ (further - the applicant)

identification taxpayer number)

does not open and (or) does not provide information based on Items 1 -

1(2) The presidential decree of the Russian Federation of January 27, 2024 No. 73 "About

temporary procedure for disclosure and provision of information economic

the societies which are economically significant organizations, and some

other persons";

b) economically significant organization directed according to the procedure, established

Item 2 (1) the Presidential decree of the Russian Federation of January 27, 2024.

No. 73 "About temporary procedure for disclosure and provision of information

the economic societies which are economically significant

organizations, and some other persons",

in _________________________________________________________________________

(the name of body to which information is sent)

information on persons directly or indirectly holding shares (shares in authorized

(share) capital) the applicant, and persons under whose control it is directly

or indirectly is, including beneficial owners;

c) the applicant observes requirements

___________________________________________________________________________

(provision or provisions of the legislation of the Russian Federation,

___________________________________________________________________________

other regulatory legal acts of the Russian Federation, normative

______________________________________________ to the list of persons,

acts of the Central bank of the Russian Federation)

directly or indirectly holding shares (shares in authorized (share)

the capital) the applicant, to the list of persons, under which control it directly or

indirectly is, including beneficial owners;

d) the applicant ___________________________ under control of foreign persons,

(is, is not)

connected with foreign states which make in the relation

Russian Federation, Russian legal entities and physical persons

unfriendly actions, and persons who are under control of specified

foreign persons.

2. According to Item 2 (8) the Presidential decree of the Russian Federation

of January 27, 2024 No. 73 "About temporary procedure for disclosure and provision

information the economic societies which are economically significant

organizations, and some other persons" observance confirmation

the applicant of the requirements specified in this conclusion, according to the procedure

stipulated by the legislation Russian Federation, other normative

legal acts of the Russian Federation, regulations Central

the bank of the Russian Federation, is not required.

(signature of the authorized officer of economically significant organization)".

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