Recommendations
Made by the First Inter-Regional Coordination
Workshop on SEO registration and licensing of
specific activities
1.
General purpose
The
recommendations on this topic have been developed
with the purpose to improve the procedures
for state registration of SEO and licensing
of specific economic activities.
2. Summary of the experts'
recommendations
2.1 State registration
-
The necessity to develop and pass the Federal
Law (hereinafter called "the Law"), which
concept could reflect specific cornerstone
positions described below;
-
The Law should cover the registration of all
economic operators, including legal entities,
peasant farms (farming enterprises) and private
entrepreneurs;
-
The Law should exhaustively regulate the issues
of building-up and keeping the Uniform Federal
Register, purposes and principles of its creation;
-
The arguments and the contents of the EU Directive
¹1 should be taken into consideration when
creating the Register;
-
The information on SEO activities should be
reflected, taking into account human rights
and freedoms (freedom of entrepreneurship)
- on the one hand, and information transparency
and availability for the third parties - on
the other hand;
-
The applicant should be granted an option
to submit the information on the directions
of his (her) activities to the Register;
-
It seems feasible to include into the Register
the information on persons (parties), which
due to corporate legal relationships with
the respective legal entity may be vicariously
or jointly liable for the obligations of the
latter;
-
There should be a possibility to include specific
information retrieved from the balance sheet
approved by the respective tax body, as well
as other information on the financial standing
of the SEO, into the Register;
-
The system of state registration of economic
operators should envisage individual identification
numbers assigned to every person (entity)
registered with the Register, with the respective
indication of this identification number in
the Register;
-
It is suggested to substantially raise the
lowest limit of the value of assets invested
as the charter capital on establishment of
a commercial organization, whereby an independent
expert evaluation of the non-cash investment
is required;
-
The general principle should be that any act
by a registration body modifying the contents
of rights and obligations of the applicant
should be made in writing. The document should,
among other things, contain the data and the
reasons behind the decision made;
-
Any decision by the registration body negative
for an applicant should be accepted only provided
there are exhaustive reasons for that envisaged
by the Law;
-
The Law should duly describe the procedures
used by the registration body and all possible
types of decisions it is allowed to take.
It seems that the possible actions by the
registration body could be:
- entry into the Register;
- acceptance of documents;
- suspension of the application and demanding
for additional documents within certain time
stipulated by the Law;
- return of the application document on request
of the applicant, should the application have
been suspended;
- waiver of entering the information into
the Register;
- cancellation of a record in the Register.
-
The total time for the state registration
prior to entering the information into the
Register should not exceed 21 (twenty one)
day from the moment of receipt of the respective
application;
-
All the disputes arisen in connection with
keeping the Register should be solved in agreement
with the rules of jurisdiction set forth by
the procedural legislation. Outside of this
Law, the solution of these disputes should
be referred to the jurisdiction of arbitration
courts;
-
Provision for principles and implementation
of fast and practical access to the information
of the Register, in particular, within the
framework of the federal structure of Russian
Federation;
-
The need to give distinct and transparent
definitions in the Law to the notions of "location",
"legal address", "postal address", "location
of executive body" and "the place of registration"
of a legal entity, together with their relation
to each other;
-
The development and implementation of the
concept of a dedicated federal law on firms
(trademarks) independently of the Law studied;
-
When passing the Law, it is necessary to solve
the issue of the legal nature of the registration
fee;
-
The Law should exhaustively regulate the issues
of exclusion from the Uniform State Register.
2.2
Licensing
-
Envisage the submission of information
by the registration body on request of
the licensing body;
-
Reduction of activities to be licensed;
-
The need to list all the licensed activities
in one document (a Law);
-
Definition of specific licensing terms and
requirements, restricting them down to the
requirements really necessary for the given
licensed activity;
-
Regulating the issues of license extension
and its terms and conditions by the Law.
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Interregional
Seminar
Detailed
comments to
the recommendations
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