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"THIS IS GOING TO BE A BIG PROBLEM." THE VICE PRESIDENT OF THE ASSOCIATION OF LAWYERS IN THE FIELD OF LIQUIDATION AND BANKRUPTCY OPPOSED THE REGISTRATION OF LEGAL ENTITIES TO A VIRTUAL ADDRESS
"THIS IS GOING TO BE A BIG PROBLEM." THE VICE PRESIDENT OF THE ASSOCIATION OF LAWYERS IN THE FIELD OF LIQUIDATION AND BANKRUPTCY OPPOSED THE REGISTRATION OF LEGAL ENTITIES TO A VIRTUAL ADDRESS
The initiative to register legal entities by e-mail has not been worked out and will make a big mess in the interaction of business and government agencies, said Vladimir Kuznetsov, Vice President of the Association of Lawyers for Registration, Liquidation, Bankruptcy and Judicial Representation. In this regard, for the convenience of taxpayers, the association proposed to create an institute of registration lawyers.
During a meeting of the Expert Council under the State Duma Committee on Small and Medium-sized Enterprises, Vladimir Kuznetsov explained that registering a legal entity by e-mail would create great uncertainty in terms of proper notification: how to assume that the email has been received and has not gone to spam or got lost on the server. According to the expert, this issue will become a problem in court proceedings.
"The most important and biggest problem that will not be solved by these amendments is that any departure from the borders of the Russian Federation with a non–Russian IP access to the Internet is immediately a block of access to Public Services and government portals. Thus, we will completely cut off some of the citizens who travel abroad, no matter for what purpose. Even if you go abroad for a week, during this period you will not be able to receive information from Public Services or send it," Kuznetsov said in an interview with Rusbankrot.
The Association of Lawyers for Registration, Liquidation, Bankruptcy and Judicial Representation, in turn, proposed the creation of an institute of lawyers-registrars. As the association explains, this practice has been around the world for quite a long time.
"What's the point? A law firm that registers legal entities interacts with the Federal Tax Service through the usual technical communication channels. At the same time, the same organization has a connection with the taxpayer in the form in which it is convenient for him: messengers, social networks and so on. That is, the taxpayer communicates with the registrars as it is convenient for him, and the lawyer-registrar communicates with the Federal Tax Service through technical communication channels. It will be as convenient as possible for business," said the vice president of the association.
Vladimir Kuznetsov added that the association applied with the initiative to the State Legal Department of the President of the Russian Federation, after which the proposal was sent for further analysis to the Federal Tax Service (FTS) and the Ministry of Finance. However, the departments objected that it is unacceptable to use any other means of registering a legal entity, except for using the address of the premises, where law enforcement or tax authorities can come at any time, receive documents or perform any other activities.
"At the same time, I want to note that neither the Federal Tax Service nor other structures will be able to carry out any seizure of documents or other measures in the case of using an e-mail address," Vladimir Kuznetsov said.
To date, the issue of the possibility of registering legal entities by e-mail remains open and continues to be vigorously discussed in the professional community and government agencies.
Recall that the bill authorizing the registration of legal entities and sole proprietors by e-mail address was submitted to the State Duma in July 2023. According to the proposed changes, registration will be possible through a special system using e–mail - this will allow you to determine the legal address of the organization.
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