ORDER OF THE MINISTRY OF FINANCE OF THE RUSSIAN FEDERATION

of September 30, 2016 No. 169n

About approval of Administrative regulations of provision by the Federal Tax Service of the state service in state registration of legal entities, physical persons as individual entrepreneurs and peasant farms

For the purpose of implementation of the Federal Law of May 5, 2014 No. 99-FZ "About modification of Chapter 4 parts one of the Civil code of the Russian Federation and about recognition voided separate provisions of legal acts of the Russian Federation" (The Russian Federation Code, 2014, No. 19, Art. 2304; 2015, No. 27, Art. 4001; No. 29, Art. 4342; No. 48, the Art. 6722), the Federal Law of May 5, 2014 No. 107-FZ "About introduction of amendments to the Federal law "About State Registration of Legal Entities and Individual Entrepreneurs" (The Russian Federation Code, 2014, No. 19, the Art. 2312), article 14 of the Federal Law of July 21, 2014 No. 216-FZ "About modification of separate legal acts of the Russian Federation and recognition voided separate legal acts (provisions of legal acts) of the Russian Federation in connection with adoption of the Federal Laws "About Insurance Pensions" and "About Funded Pension" (The Russian Federation Code, 2014, No. 30, the Art. 4217), article 2 of the Federal Law of December 31, 2014 No. 489-FZ "About modification of separate legal acts of the Russian Federation" (The Russian Federation Code, 2015, No. 1, the Art. 42), article 4 of the Federal Law of March 30, 2015 No. 67-FZ "About modification of separate legal acts of the Russian Federation regarding ensuring reliability of the data represented in case of state registration of legal entities and individual entrepreneurs" (The Russian Federation Code, 2015, No. 13, Art. 1811; 2015, No. 27, the Art. 4000), article 3 of the Federal Law of June 29, 2015 No. 209-FZ "About modification of separate legal acts of the Russian Federation regarding introduction of possibility of use by legal entities of standard charters" (The Russian Federation Code, 2015, No. 27, the Art. 4000), article 9 of the Federal Law of June 29, 2015 No. 210-FZ "About modification of separate legal acts of the Russian Federation and recognition voided separate provisions of legal acts of the Russian Federation" (The Russian Federation Code, 2015, No. 27, the Art. 4001), article 3 of the Federal Law of July 13, 2015 No. 237-FZ "About modification of separate legal acts of the Russian Federation" (The Russian Federation Code, 2015, No. 29, the Art. 4363) and article 6 of the Federal Law of January 31, 2016 No. 7-FZ "About modification of separate legal acts of the Russian Federation" (The Russian Federation Code, 2016, 5, of the Art. 559) I order to No.:

1. Approve the enclosed Administrative regulations of provision by the Federal Tax Service of the state service in state registration of legal entities, physical persons as individual entrepreneurs and peasant farms.

2. Recognize invalid:

the order of the Ministry of Finance of the Russian Federation of June 22, 2012 No. 87n "About approval of Administrative regulations of provision by the Federal Tax Service of the state service in state registration of legal entities, physical persons as individual entrepreneurs and peasant farms" (registration number 25270 is registered in the Ministry of Justice of the Russian Federation on August 27, 2012; Russian newspaper, 2012, on September 7);

the order of the Ministry of Finance of the Russian Federation of December 26, 2013 No. 139n "About modification of the Administrative regulations of provision by the Federal Tax Service of the state service in state registration of legal entities, physical persons as individual entrepreneurs and peasant farms approved by the order of the Ministry of Finance of the Russian Federation of June 22, 2012 No. 87n" (registration number 31359 is registered in the Ministry of Justice of the Russian Federation on February 19, 2014; Russian newspaper, 2014, on February 28).

3. To provide to the Federal Tax Service (M. V. Mishustin) accomplishment of Administrative regulations of provision by the Federal Tax Service of the state service in state registration of legal entities, physical persons as individual entrepreneurs and peasant farms.

Appendix

to the Order of the Ministry of Finance of the Russian Federation of September 30, 2016 No. 169n

Administrative regulations of provision by the Federal Tax Service of the state service in state registration of legal entities, physical persons as individual entrepreneurs and peasant farms

I. General provisions

Subject of regulation of Administrative regulations

1. The administrative regulations of provision by the Federal Tax Service (further - FNS of Russia) the state service in state registration of legal entities, physical persons as individual entrepreneurs and peasant farms are developed for the purpose of improvement of quality and availability of results of provision of the state service in state registration of legal entities, physical persons as individual entrepreneurs and peasant farms (further - the state service).

These Administrative regulations establish terms and the sequence of ministerial procedures (actions) of Inspectorates of the Federal Tax Service of Russia for areas, areas in the cities, to the cities without district division, Inspectorates of the Federal Tax Service of Russia of interdistrict level (further - inspections), and also determine order of interaction between structural divisions of inspections, their officials, order of interaction of inspections with public authorities and other bodies, physical persons and legal entities by provision of the state service.

Circle of applicants

2. By provision of the state service in case of state registration of legal entities by applicants the following physical persons can be:

the head of permanent executive body of the registered legal entity or the other person having the right without power of attorney to act on behalf of this legal entity;

the founder or founders of the legal entity during its creation;

the head of the legal entity acting as the founder of the registered legal entity;

the notary who certified the transaction (agreement) when entering into the Unified State Register of Legal Entities (further - the USRLE) the changes concerning transition or pledge of share or part of share in the authorized capital of limited liability company based on the corresponding transaction (the relevant agreement) which is subject (subject) to the obligatory notarial certificate;

the member of society, the founder (participant) of the liquidated legal entity - the member of society, having the corporeal rights to its property or liability laws concerning this liquidated legal entity, the legal successor of the reorganized legal entity - the member of society, the testamentary executor in excellent from the cases specified in paragraph seven of this Item concerning transition or pledge of share or part of share in the authorized capital of limited liability company. If the societies specified in this Item the participant, the founder (participant) of the liquidated legal entity - the member of society, having the corporeal rights to its property or the obligatory rights concerning this liquidated legal entity, the legal successor of the reorganized legal entity - the member of society are legal entities, the head of permanent executive body of such legal entity or the other person having the right without power of attorney to act on behalf of such legal entity, and also the physical person which is acting on the basis of the notarially certified power of attorney can be such applicant;

the member of society, the testamentary executor or notary who founded trust management when entering into the USRLE of the changes concerning organization of this trust management concerning share in the authorized capital of limited liability company;

the receiver in case of liquidation of the legal entity in case of application of the procedure in the case of bankruptcy of the legal entity;

person having the right without power of attorney to act on behalf of this legal entity, in case of decision making about liquidation of the legal entity;

the head of liquidation commission (liquidator) during the forming of liquidation commission or appointment of the liquidator, in case of creation of the interim liquidation balance sheet, in case of liquidation of the legal entity;

the other person who is acting on the basis of the power provided by the Federal Law, the act of the state body which is specially authorized on that or the act of local government body.

By provision of the state service in case of state registration of physical persons as individual entrepreneurs by the applicant the physical person addressing for state registration or registered as the individual entrepreneur can be.

By provision of the state service in case of state registration of peasant farm by the applicant the head of peasant farm is.

Requirements to procedure for informing on provision of the state service

3. Location of FNS of Russia: Moscow, Ulitsa Neglinnaya, 23.

Postal address of FNS of Russia: Ulitsa Neglinnaya, 23, Moscow, 127381.

4. Phone of FNS of Russia service desk: (495) 913-00-09.

5. The address of the official site on the Internet (further - the official site) FNS of Russia: http://www.nalog.ru/.

6. The locations of inspections, their postal addresses, phone numbers of service desks, faxes and other contact information are specified on the official site of FNS of Russia in the Section "Learn the Address of IFTS", the official sites of the Departments of FNS of Russia for subjects of the Russian Federation (www.rXX.nalog.ru where XX - code of the subject of the Russian Federation).

7. The working schedule of the inspections providing the state service:

 

Monday - Thursday:	9.00 - 18:00;
Friday:	9.00 - 16:45;
Saturday, Sunday:	the days off.

 

According to the decision of the head (deputy manager) of inspection the working schedule of inspection can be changed.

8. Information on the schedule (mode) of work of inspections is provided on telephone numbers for enquiries, and also is placed at the information stand before entrance to the building of inspection and on the official sites of FNS of Russia and the Departments of FNS of Russia for subjects of the Russian Federation on the Internet (further - the Internet).

9. Information on provision of the state service is placed directly in premises of inspectorates with use of information stands, on the official sites of FNS of Russia and the Departments of FNS of Russia for subjects of the Russian Federation, in the federal state information system "Single Portal of the State and Municipal Services (Functions)" (further - the Single portal of the state and municipal services), in premises of the multipurpose centers of provision of the state and municipal services (further - the multipurpose center), it is represented by phones of service desks of inspections, including with use of means of autoinforming (in the presence), to phone of "the hot line", free phone number of the center of telephone servicing (in the presence), with use of computers with legal-reference systems and with the software products developed by FNS of Russia and also is direct officials of inspections, responsible for provision of the state service.

10. On the official sites of the Departments of FNS of Russia for subjects of the Russian Federation, information stands of inspections in places of provision of the state service, on the Single portal of the state and municipal services the following information shall be placed:

1) the exhaustive list of the documents necessary for provision of the state service, the requirement to execution of the specified documents;

2) term of provision of the state service;

3) results of provision of the state service, procedure for submission of the document which is result of provision of the state service;

4) the amount of the state tax collected for provision of the state service;

5) the exhaustive list of the bases for suspension or refusal in provision of the state service;

6) requirements to procedure for informing on provision of the state service, including informing on procedure for collection of opinions on quality of provision of the state service for efficiency evaluation of activities of the head of inspection according to the order of the Government of the Russian Federation of December 12, 2012 No. 1284 "About assessment by citizens of efficiency of activities of heads of territorial authorities of federal executive bodies (their structural divisions) and territorial authorities of state non-budgetary funds (their regional departments) taking into account quality of provision of the state services by them, and also about use of results of the specified assessment as the basis for decision making about early termination of execution by the corresponding heads of the job responsibilities" (The Russian Federation Code, 2012, No. 51, Art. 7219; 2015, No. 11, Art. 1603, No. 40, Art. 5555; 2016, No. 48, Art. 6765; 2017, No. 15, Art. 2235);

7) about the applicant's right to pre-judicial (extrajudicial) appeal of actions (failure to act) and the decisions made (performed) during provision of the state service;

8) the forms of statements (notifications, messages) used by provision of the state service;

9) extraction from these Administrative regulations, other regulatory legal acts regulating procedure for provision of the state service.

The complete text of these Administrative regulations is posted on the official site of FNS of Russia.

11. At information stands in inspection, intended for provision of the state service, take place:

1) information, stipulated in Item the 10th these Administrative regulations;

2) information on the working schedule and accommodation of the federal government civil servants of inspection (further - specialists) performing acceptance (issue) of documents, and also informing on provision of the state service;

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