All-Russian census of beneficiaries

The financial intelligence proposes to create a register of real business owners.
As the "Kommersant", Rosfinmonitoring offers to oblige all Russian companies to submit data on their beneficial owners to be included in an existing single state register of legal entities (Entities), as well as extend the provisions of the law on combating money on foreign trusts Russians. Experts with the idea of ​​a centralized registry is considered difficult to realize, and because of possible leaks of information - and even dangerous for the beneficiaries.

On the preparation of the "National plan of measures aimed at combating tax evasion and concealment of beneficial owners of companies" "Kommersant" reported at the stage of its preparation (see para. Number of 4 April). April 30 this document was approved by the First Deputy Prime Minister Igor Shuvalov. It contains a list of all the measures provided by officials of the declared Putin deofshorizatsii Russian economy. While the performance of the most famous plan point - the adoption of the bill on controlled foreign companies - has stalled due to resistance of business (see "Kommersant" on July 10th.), Offering Rosfinmonitoringa government to discuss his achievements on the part of the disclosure of the beneficial owners of commercial structures.

In the present state of "b" letter Rosfinmonitoring government finrazvedka describes the principles of creating a registry of beneficial owners organizations. Office offers a separate registry does not create, but to supplement the existing information necessary USRLE - data about individuals who directly or through third parties own more than 25% of the capital of the legal entity. Relevant amendments proposed to the Civil Code - that the provision of information about the founders and beneficiaries is one of the conditions of doing business in Russia. According to the Federal Financial Monitoring Service the required information will be made in the Unified when registering legal entities and be updated when a change of beneficial owners (not later than 60 days after the change). For already registered companies offered to establish a deadline for the submission of the data. Composition information: full name, passport information and TIN.

For providing false information about the proposed administrativetvetstvennost (dimensions possible fines Rosfinmonitoring not name). State-owned companies, which the Russian Federation, regional or local authorities own more than half of the new duties will be released - as well as companies listed on the stock exchange and disclose information in accordance with securities legislation. Remarkable point about regulation of access to the collected data, which, for obvious reasons, are interested in very many. Access to this "subreestru" are invited to provide in three cases. The first - at the written request of the court on civil, criminal or administrative case (if the confiscation of property may be applied, if satisfied with a civil action arising from the criminal case, if it comes to insolvency and bankruptcy of the debtor). The second case - a request the federal body of state power in response to the request of a foreign State, the third - the most finrazvedki request.

Another topic of Anti- offshore letters Rosfinmonitoring - trusts by Russian companies and citizens in accordance with the foreign law. Rosfinmonitoring believes that "widespread use" of such structures for money laundering in conjunction with the use of the founders of Russian banks to extend services requires trusts to the norms of Russian anti-money laundering law (115-FZ) - "in order to identify the beneficial owners of foreign legal entities."

Rustam Vahitov of Baker Tilly believes that the creation of a centralized registry of beneficiaries is unlikely to end with success: "The problem is very complicated, to such foreign analogues is unknown to me." According to him, innovation is partly duplicates the existing obligation of banks for the identification of the account of the beneficiary. Mikhail Filinova of PwC Rosfinmonitoring initiative also raises many questions. In particular - as, for example, the Russian company will be able to obtain from their foreign parent information on end beneficiaries? Last itself may not have such information, or it may not disclose them - for example, in accordance with the law on personal data protection. According to Georgy Kovalenko from EY, significant risk is the possibility of leakage Information from the registry within easy access - and it will stop the beneficiary from disclosure. Not entirely clear, says the expert, how will check the information with regard to the beneficiaries in a Russian court.

With regard to the introduction of trusts in the legal field of the Russian lawyers are more optimistic. "The desire to recognize trusts is understandable Indeed, so far it is not clear how their existence must be related to different provisions of the Russian legislation.", - Says Mikhail Filin, recalling that in the draft law on controlled foreign companies, the Ministry of Finance gives its definition of "foreign structure" . Rustam Vakhitov, calling the recognition of trusts "a viable initiative", believes nonetheless urgent need in it. The reason - the direct links with income trusts from paying Russian companies do not have, and in the preparation of Russian income individuals "out" of the trust status of a legal person or other entity for income tax purposes of beneficiaries in Russia is not playing a significant role.