In the Duma proposed to legalize the sale of companies with nominee partners


Using in the registration of companies, nominee Directors and proposed no longer be considered a crime — this initiative is contained in the package of amendments to the bill the Supreme court on the decriminalization of a number of article of the Criminal code. Thus, the amendments legalize the widespread practice professional registration of companies for their sale, said the lawyer.

The Deputy-the United Russia party, Rafael Mardanshin proposes to expand the scope approved by the President of decriminalization due to a number of economic articles — a package of relevant amendments adopted by the Duma in the first reading the draft law of the Supreme court as Deputy on Wednesday, 30 March, said the representative Mardanshin. Decriminalization needs to be extended to a number of economic articles of the Criminal code to improve the business climate in the country and decisions set by the President tasks, including in the framework of the working group on law enforcement cooperation and business, said Mardanshin. “We decriminalize perfect for the first time the destruction of another’s property, as well as increase the size of large and very large damages for economic crimes, removing a controversial compositions of the articles on the responsibility for the creation of shell companies and completely excluded from the Criminal code liability for malicious evasion of payment of loans,” — he retells the essence of the amendments.

EXTRACT:

Mardanshin proposes to oblige the courts to release from criminal responsibility of the accused for the first time committed crimes of small and moderate severity, reconciled with the victims. The Supreme court offers to assign such rights to the courts.

Size large and very large damages under article “Theft” is proposed to increase four times, from 250 thousand to 1 million rubles from 1 million to 4 million rubles, respectively.

Perfect for the first time for the destruction of another’s property proposed to bring to administrative and not to criminal responsibility.

Article about malicious evasion from payment of credits is proposed to be deleted from the criminal code. Defaulters can be punished under article about malicious default of the judicial decision, which is also in the criminal code, explain the authors of the amendments.

THE END OF VALLEY

To register “on the wife”

Amendments Mardanshin, in particular, offer not to prosecute those who use in creating companies and nominee Directors. Now “those who are management bodies of a legal entity, which do not have the goal of managing legal entities” related to figureheads by articles of the criminal code on the illegal establishment of companies, and unlawful use of documents for the establishment of companies (article 173.1 and 173.2). Their use is a crime punishable by imprisonment for terms of up to three and five years — as well as registration of companies on the lost passports and the people who are misled.

The article introduced in the criminal code to fight against “shadow companies”, reminds the President of the Council of young lawyers of Moscow Dmitry Kravchenko, who participated in the drafting of amendments. But the creation of a legal entity, its registration to another person — a wife, for example, no public danger is not responsible, he said. Reasons why a person may need to register a company to another person, can be any number: Russian law is not perfect, said the source . For example, people can register their businesses to family members or other persons, fearing hereditary issues — if the company is to transfer the usual way, until the re-registration of managers this company has already “rasterbate,” says Kravchenko.

Now under these articles formally subject to husbands, registering the company on wives if the wives do not aim to control these companies, agree co-head of the United Russia project “Comfortable legal environment” Igor Sudec. “If we consider the composition of the articles 173.1 and 173.2, registration of companies for relatives is a crime. We believe that this is unacceptable, because any deliberate danger the act poses. If this company is committing fraud or tax evasion — then, of course, necessary to bring criminal charges,” he says. And the responsibility for registration of companies to other people’s passports and the people who are misled, of the criminal code to exclude is not offered, the source said .

Decriminalization of articles of nominal founders and Directors legalizes the practice of professional company registration for sale, explains managing partner Paragon Advice Group Alexander Zakharov. According to him, the practice of registering companies by professional lawyers on behalf of third parties ordinary, for example, for the US and the UK. According to Zakharova, before the introduction of the Russian criminal code articles on nominal founders and Directors this practice was widespread in Russia. “This was not done in order then to violate the law or the rights of third parties, and to accelerate the introduction of new legal entities in the interests of market participants”, — the lawyer explains.

After the introduction in action of articles about the “ephemeral” experts, UCHREZHDENIE of the company for the purpose of sale, appeared under the threat of criminal prosecution: they could be held liable if buyers of their companies fails to re-register them, explains Zakharov. Nevertheless, the practice of professional company registration, according to him, is common now. People who are professionally registered company, protect yourself by the fact that take buyers with the obligation to re-register the company after the purchase, the lawyer said. “Decriminalization will lead this practice into line with the realities that exist in the West,” — says Zakharov. Like any other company, legal entity, created with the use of nominee shareholders and Directors can be used for criminal purposes, but to punish for the mere fact of creation of such companies “unreasonable and inhumane”, said the source .

The direction of decriminalization of economic articles and correct amendment to decriminalize the use of nominee shareholders and Directors can be supported, said co-Chairman of “Business Russia” Andrei Nazarov. But in General, “Business Russia” supports the decriminalization of the more “entrepreneurial” articles, notes Nazarov: “the more of the acts falls under criminal law, the more may be zloupotreblenie by law enforcement officials. The more entrepreneurs we criminalize those who, the more criminal cases and unnecessary prosecution. This negatively affects the investment climate, and on the moods of the people who would like to do business”.

To contact the Chairman of the Duma Committee on legislation Pavel Krasheninnikov on Wednesday failed. Last week he said that the second reading of the bill on decriminalization has already received about a hundred amendments, about 40 of them relate to the decriminalization of economic structures. The final scale decriminalization Krasheninnikov refused to discuss; the Committee, he said, “is still in the process of collecting amendments”.

A source close to the leadership of the Committee on legislation, said that the amendments Mardanshin have a high chance of approval.