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From June 02, 2023, the Official Clarification of the Bank of Russia dated June 02, 2023, No. 3-OR, which defines the criteria for classifying a business entity with strategic importance as a controlled foreign company ("CFC"), has come into effect.
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A law that allows courts, in applying the consequences of the invalidity of a void transaction, to collect shares (stakes) of a strategic company, its property, as well as income received by the investor from the transaction, as income of the Russian Federation has been signed.
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Starting from March 30, 2023, there is a requirement to notify the Federal Antimonopoly Service of Russia (the “FAS”) about the change of citizenship of a person who owns 5% or more shares (stakes) in a strategic enterprise, but does not control this enterprise.
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On March 28, 2023, the Bank of Russia provided official clarification regarding the procedure for applying Decree No. 138 of March 3, 2023, on additional temporary economic measures to ensure the financial stability of Russia ("Decree No. 138").
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The Decision of the Board of Directors of the Bank of Russia dated March 17, 2023, titled "On Establishing the Procedure for a Client Depository to Submit Instructions for the Forced Transfer of Accounting for Rights to Transferred Securities, as well as the procedure and terms for a Russian depository (Russian registrar) to carry out operations aimed valuable," sets the guidelines for the return of Russian securities that are held on client accounts overseas.
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Temporary rules for transactions/operations with shares of a Russian joint-stock company, federal loan bonds (OFZ), bonds of a Russian issuer, the rights to which are centrally recorded by a Russian depository, with shares of a Russian mutual fund, entailing the transfer of rights to such securities, their transfer to a remote control or pledge have been introduced.
