An organization was unable to recover from its director losses incurred by the issuance of an interest-free loan. Unreliable assurances about the circumstances became reason to recover almost 1 million rubles from a supplier
March 05, 2018

The organization was unable to recover from its director losses from the issuance of an interest-free loan.
The director received an interest-free loan from the company. The chief accountant signed the contract. The director returned the money even earlier than the contract required. However, the company found that the director has incurred losses to the company in the form of unpaid interest. The company claimed that it did not approve the loan, and the accountant did not have the authority to enter into a loan agreement. In addition, at the time when this contract was concluded, the company did not have enough working capital, and had to attract debt resources. The company failed to recover the losses. According to the protocol of the meeting of participants, the issuance of loans to the director was previously approved, and the authority to conclude contracts was assigned to the chief accountant. Attracting credit was common practice for the company. The loan director returned the loan before the end of the fiscal year. There was no evidence that due to the issuance of the loan the company's financial results deteriorated or the activity was significantly hampered.
Document: Resolution of the AC of the East-Siberian District of February 16, 2017 in case No. А19-3928 / 2017

Unreliable assurances about all circumstances became reason to recover almost 1 million rubles from a supplier.
A company purchased carbonated drinks for subsequent sale. The supplier issued it a certificate of general distributor. The certificate stated that the firm could sell drinks with trademarks owned by the supplier. The company sold the products, but the buyers returned it because of the claims of intellectual right holders that the supplier does not have the right to sell the goods with these trademarks. On the basis that the supplier gave inaccurate assurances about all circumstances - the rights to use the trademark of the products sold, the company went to court. It managed to sue about 1 million rubles of damages caused by such false assurances.
Document: Resolution of the AU of the Moscow District of 04/11/2018 in case No. A40-83049/2017

Project: banks and professional lenders will transfer new data to the credit bureau.

It is planned that the credit bureau will be require lenders and banks to send in a unique identifier of the contract (transaction). For this, banks, MFIs, credit cooperatives and pawnshops will need to assign such numbers to all existing agreements: - with borrowers; - guarantors; - by principals. The procedure for assigning unique numbers will be established by the Central Bank of the Russian Federation. The initiative is designed to eliminate the "gaps" between the credit histories of one borrower, which can be stored in different bureaus. Such discrepancies may appear, for example, due to a change in his passport data.
Document: Draft federal law (http://regulation.gov.ru/p/80474) Public discussion ends May 23, 2018.

The Central Bank did not change the key rate
The key rate will remain at 7.25% per annum. In this sense, it is valid from March 26. The next time the Central Bank of the Russian Federation will consider changes will be on June 15. Previously, the regulator had consistently reduced the key rate.
Document: Information of the Bank of Russia dated 04/27/2018 (http://www.cbr.ru/press/PR/?file=27042018_133000key.htm).


Government registration of legal entities: new rules from April 29

Habitual "paper" statutes with a mark of tax and evidence of a TIN are a thing of the past. They will translate into electronic form. What other documents will be affected by the changes and what to consider when working on the new rules, is covered in our material.
What documents translate into electronic form for Companies that are starting to apply for registration of information in the Unified State Register of Legal Entities from April 29, should take into account the fact that they will receive the following documents exclusively in electronic form:
- the register list of the Unified State Register;
- certificate of registration with the inspection;
- the charter or changes made to it, with a mark of inspection;
- the decision to suspend the registration or to refuse it.
How the company applied to the tax office - directly, by mail, via the Internet, notary or MFC - does not matter. The inspection will send electronic documents on the basis of the registration to the email addresses indicated: - in the USRLE; - in the application for registration. In addition, the documents will be sent to the MFC or notary if the company applied to the inspection through them. What to consider when preparing and submitting documents for registration: specify the e-mail address in the application for registration, because the tax address will send its decision to this address. Hand over one copy of the articles of association or amendments to it, instead of two. There is simply no need in the second copy according to the new rules: the inspection will send an electronic document. Prepare a separate request if you want to receive confirmation documents on paper.
Document: Federal Law of 30.10.2017 N 312-ФЗ (the reviewed amendments enter into force on 04.29.2018).
CONTACT US:
+7 (499) 490-47-42
INFO@ADVOCACY-GROUP.RU

117418, Moscow, st. Novocheremushkinskaya, 69