New procedure for sending electronic documents for state registration of legal entities and individual entrepreneurs

On December 28, 2022, the Federal Tax Service of Russia adopted the Order No. ED-7-14/1267@ (the “Order No. ED-7-14/1267@”). The Order No. ED-7-14/1267@ established a new procedure for sending electronic documents for state registration of legal entities and individual entrepreneurs.

The participants in the interaction in accordance with the Order No. ED-7-14/1267@ are individuals, notaries, the MFC, tax authorities, the Ministry of Justice of the Russian Federation and the Bank of Russia.

Among the documents sent to the tax authorities are:

• an application for state registration of legal entities and individual entrepreneurs;

• a decision to establish a legal entity in the form of a protocol, agreement;

• a founding document of a legal entity;

• a document confirming the assignment of a registration number to the issue (issues) of shares, etc.

According to the new procedure, electronic documents required for registration are also sent to the registration authority using the application program interface (API).

In particular:

• by the applicant - using the Internet service of the Federal Tax Service of Russia, or a mobile application, or Gosuslugi, or an application programming interface (API);

• a notary - using the Internet service of the Federal Tax Service of Russia, or using a unified system of interdepartmental electronic interaction ("SMEV") and a unified information system of a notary connected to it;

• MFC - using SMEV;

• Ministry of Justice of the Russian Federation and its territorial bodies - using SMEV;

• Bank of Russia - using SMEV.

The date of receipt by the registration authority of the electronic documents required for registration is the date indicated in the receipt.

The new procedure comes into effect on February 21, 2023.

Nadmitov, Ivanov & Partners law firm advises on corporate law.