Vіdomostі about kіntsevі beneficiaries. Vіdomosti about the beneficiary vlasnik is a sign of closure. What can a company do without beneficiaries

Strong partner, lawyer

24.01.2018

The word "beneficiary" has become more and more popular in the lexicon of the US, which is also related to business, as well as to banking, tax, corporate and trust law. The concept of "beneficial vlasnik" injects rich aspects of legal duties, and the beneficiaries themselves - signifies a number of legal heritage.

Sound pid beneficiary(The beneficiary vlasnik, the beneficiary vlasnik) understands the real vlasnik of the company, that is the one who does not legally belong to the company, but actually in the end, and the one who directly contributes to the adoption of such a company decision. The beneficiary of which sensi can be only physical person , specific person.

Prote, understand the “beneficiary” may be a mother of a different kind, depending on the fact that in such a sphere it will be stagnant:

• Nasampered, understand " beneficiary vlasnik» get used to legislation on the prevention of koshtiv and financing of terrorism (hereinafter - AML / CFT) and banking legislation, as well as documents of international organizations in this country (FATF, OECD, EU).
• Dali, the word "beneficiary" gets used to corporate and trust law kraїn Anglo-Saxon legal sіm'ї beneficiary of the company can be either a title shareholder, or a person, on whose account the shares are considered a nominal shareholder. The beneficiary of the trust is a person, at the cost of (to the point of view) such a trusted vlasnik of Volodya that manages to transfer the mine to the trust.
• So we are talking about the "beneficial vlasnik" as a person, as I actually have the right to income (actual owner of income), for the purposes of international funding land about the uniqueness of the subway deposit.
• Zreshtoyu, understanding the "beneficiary" often confuses with understanding "control individual", which wins over the method of subsidizing controlled foreign companies from Russia.

Beneficiary Vlasnik for AML/CFT purposes in Russia

In Russia, the concept of “beneficial ruler” wins mainly in the context of “anti-drive” legislation. Federal Law dated 07.08.2001 No. 115-FZ “On the prevention of legalization (removal) of income, taking away the malicious way, and the financing of terrorism” (hereinafter - Law No. 115-FZ) gives the following designation:

Beneficiary Vlasnik- this is a physical person, as if by a direct chi in the middle (through the third osib) Volodya(May override fate over 25% at the capital) by the client - a legal special or ability to control dії client.

butt. The only participant of TOV is a company registered in Cyprus. A 100-hundred shareholder is a Cypriot company, a company registered in the British Virgin Islands, a 100-hundred-thousand shareholder is N., a citizen.

Which types of data do you need about beneficiaries?

1. First, Article 6.1 of Law No. 115-FZ needs to provide legal information about their beneficiaries and live as often as possible to install information about them, as well as regularly update, document and save such information. Tsya vimoga nabula of chivalry on 21 March 2016.

Vіdomosti, if a legal person can install a beneficiary, include:

• nickname, name, according to the father (for the presence);
• bulkiness;
• date of birth;
• requisites of the document stating the name of the person;
• data of a migration card, a document confirming the right of a foreign citizen, or an individual without a community, to change (residence) before;
• the address of the place of residence (registration) and the place of change;
• Identification number of the payer of taxes (for visibility).

legal person goiter'yazano submit documented confirmed information about your beneficiaries, or about living, come in and install information about them to the request of the approved body (Rosfinmonitoring) or taxable bodies.

Non-violation of the legally special designation of obov'yazkіv tyagne for oneself vidpovіdalnіst (article 14.25.1 of the Code of Administrative Offenses of the Russian Federation) against an administrative fine on land tax in the amount of 30,000 to 40,000 rubles, on legal tax - in the amount of 100,000 to 500,000 rubles.

2. In a different way organizations, yakі zdіysnyuyut operations with pennies or another lane (and itself - banks, brokers, insurance companies, key investment fund companies, realtors, pawnshops and a number of others), goiter to live the priming and access available to them in order to identify the beneficiaries of their clients.

In times, even if the results of the visits did not reveal the beneficiary's official, this could be the recognition of the one-stop official body (for example, the general director) of the client.

KRIM TO, Banks (TA INSHIC, PROTSYUT with Grozhovim Koshtami) Zobov’s ilvati іnformasi about the beneficial authorities of their own Kliynth, there are only a few the day after day of the guilt of such sumnіvіv.

Zreshtoi, banks goitre to apply to the approved authority (Rosfinmonitoring) on yogo, it will be requested in person in the organization information about the beneficiaries of the client's bank account in accordance with the procedure laid down by the Regulations of the Central Bank of the Russian Federation of 20.09.2017 No. 600-P.

Beneficiary Vlasnik for AML/CFT purposes in the European Union

In the Member States of the European Union, the “beneficial authority” is indicated on the basis of Directive 2015/849 dated May 20, 2015. “About the defeat of the financial system with a method of introducing costs and financing of terrorism” (sound 4-a Directive).

Vіdpovіdno up to paragraph 6 of Article 3 of the designated Directive, "beneficial vlasnik"- whether it be a physical person (individuals), like in the end of the rahunka of Volodya, or the control of the client and / or a physical person (individuals), in the interests of those, please, or zdiyasnyuєtsya diyalnist.

In times corporate legal systems the beneficiary vlasnik is recognized as a physical person, as a legal special legal authority or control over assistance direct or indirect fiber through a sufficient share of shares, the right to vote, or often participate in such legal entity, including through shares on the front, or through control by other means.

Under the "direct volodin" volodynnya is understood to be physical special shares totaling 25% plus one share with a frequent participation in the company over 25%. “Indirectly volodinnya” may be the case at times, if 25 hundreds of shares plus one share, or a frequent participation of over 25% in a legal entity-customer of the Volodymyr is a legal person (or a small legal entity), if they are under the control of a physical person. The Member Powers shall have the right to establish a smaller share for the purpose of voluntary control.

In times trusts beneficiary vlasnik can be recognized:

1. trustee;
2. dovirchy vlasnik;
3. protector (for visibility);
4. in the right place the beneficiaries of the trust, otherwise, if such individuals have not yet been appointed, then - class osib, at the expense of such foundations of the trust;
5. be-yakі іnshі physical individuals, yakі zdіysnyuyut final control over the trust.

It is a great respect that the beneficiaries of a trust for the purposes of AML / CFT in the EU can be recognized not only without intermediary vigodonabuvach (“beneficiary” in the terminology of the minds of the trust), and other participants in trust funds - the founder of the trust, the trustee of that vlasnik.

In times funds(as legal persons) or legal persons similar to trusts, beneficiaries are recognized as natural persons, if they occupy equivalent or similar positions with high-ranking persons for trusts.

In the countries of the EU, the identification of the beneficiary slate of the client of banks and other financial organizations is obligatory in the front of the mental installation with him, or the deposit please.

Corporate and other legal entities of the country's interests should take into account and save exactly, exactly and up-to-date information about their beneficiaries, including the characteristics of their beneficiary interest. Competent authorities (eg, financial intelligence agencies) may have the right to deny access to such information.

Further, the countries of the EU will be responsible for creating a centralized registry of information about the beneficial owners of companies registered in these countries and designate the order and obligatory public access to such data.

Beneficiary of corporate and trust law

At companies beneficiary may be:

• titular shareholder (person whose data is indicated in the certificate of shares), or
• other person, for the purpose of handing it over to merit as a shareholder (in the countries, the right of which allows nominal share/private shares in companies).

In practice, the names of both the nominal and the beneficiary clerk are fixed in the trust declaration (do not stray with the “trust” - div. lower), for which nominal keeper of goiter should be taken care of in the trust declaration to my shares, without any reservations, the beneficiary's shareholder is given all the rights to take away dividends and other distributions of the company's profits, and to induce goiters, it is necessary to gain the right to vote for the right to vote for the rightful shareholder.

In this manner, the beneficiary of the company is not only the one who is authorized Volodya by shares / shares in her, but also in the one who gives vkazivki, obov'yazkovі for vikonannya nominal special, that signifies economic share business income.

In case of filing a bank account of a company, any bank needs an account (that identification) of the beneficiary itself, and not only the nominal cardholder of the company. Thus, the role of the nominee vlasnik is intermingled with three shares and formal transfers from the register of shareholders of the company. Legal responsibility for any company (including situations brought to court review) is borne by the beneficiary.

At trusts(Move itself about the full trust as a fiduciary legal blue, and not about the trust declaration within the company, as described above) the beneficiary is a person, for merit and for mere as a trustee, we will transfer our obligations to the management of the trust . The beneficiary of the appointment by the minds of the trust interest mine and/or income to the trust, but do not have the right to manage the mine trust and control over the affairs of the trustee.

The design of the trust was attached to the country of the Anglo-Saxon legal system (the laws of low offshore jurisdictions) and transferred to most of the countries of continental Europe, including Russia.

Beneficiary for the purposes of SIDN

At the international tax law (and itself - with the method of zastosuvannya pleas about the uniqueness of the dependent tax (SIDN)) the word "beneficiary" has no other meaning. Under him, the person will understand, as if he actually has the right to income. Moreover, such persons can be both physical individuals, legal entities, and other structures.

On the right, in the fact that according to the provisions of the SIDN (reduced rates, or reduced in the form of a tax) you can rightfully stand for the mind, which covers the income (a resident of the power-side of the SIDN) є special, as I actually have the right to such income. This formula is victorious in most Russian texts of SIDN. In equally authentic English texts, the SIDN itself sounds like a “beneficial owner” (“beneficial owner”).

Vіdpovіdno up to paragraph 2 of article 7 of the Tax Code of the Russian Federation special, as I actually have the right to income, is recognized as a person (either a foreign structure without a legal entity), because by virtue of direct and (or) indirect participation in the organization, control over the organization (structure) or by virtue of other conditions may the right to self-sustain and (or) manage income, obsessed with organization (structure).

foreign person don't confess yakі may actually have the right to income, yakscho won:

Maє zamezhenі povnovazhennja schodo rozpriarzhennya tsimi income,
- zdіysnyuє schodo assigning incomes to the middle functions on the cost of the other individual, not exceeding the other functions and not accepting the fault of any risks,
- directly chi indirectly paying such income (more often) to other individuals, as for the direct withdrawal of such income from the Russian Federation, there is little right to zastosuvannya of the statutory provisions of the SIT.

The attachments of PIDHID Pokling the Zlovygati with the Pilgovs with the positions of the vipads, if the revenue of the Crimean-Sidn, the Benifitzian sovereign, the income of the navigation, is an offshore, and for the presentation, and compliance, and compliance. It is true that the situation is also possible, if the actual (final) possessive income that is paid for the cordon is subject to taxation by a resident of the Russian Federation (for such cases, the Tax Code of the Russian Federation is subject to special rules - Articles 7, 312 of the Tax Code of the Russian Federation).

A foreign organization, in order to deduct income from Russia without compromising Russia’s contribution from the dzherel (otherwise due to the reduction of interest rates) due to SIDN, is obliged to submit to the tax agent in Russia documentary confirmation of the presence of non-statistical rights of the Russian Federation (paragraph 1 of paragraph 1 of paragraph 2 of Article 2 of the PC). Tsya help die from 1 September 2017.

"Beneficial Vlasnik" and "controlling person" of the KVK

The appointment of a “beneficial taxpayer” for the purposes of AML / CFT and a “controlling individual” with the method of submission to foreign controlled companies (FCC) has been established by Russian legislation, they are often used as synonyms, if there is a need for taxes on taxpayers. Vіdminnostі lie at the offensive:

In the first place, such a characteristic, as a “controlling person”, is victorious in the Russian Federation only for foreign companies and structures, by way of subordination to the rules of the KVK. To this end, as an understanding of the "beneficial vlasnik" for the purposes of AML / CFT, it is necessary to deal with both Russian and foreign companies.

In another way, the exclusion of a foreign company “controlled” is tied to the edge of the taxable residence of the controlling individual (that is, if such a person is a taxable resident of the Russian Federation, then this foreign company is “controlled”). For AML/CFT purposes, the factor of taxable residency is not relevant.

Thirdly, a “controlling person” may be not only a physical person, but also a legal person. Tse, meanwhile, do not svіlnyaє physical osіb - taxable residents of the Russian Federation, as if indirectly (thus. through Russian legal entities) control foreign companies, declare their fate and control over them to the tax authorities of the Russian Federation.

Fourthly, in times, more than half of the participants in a foreign company are taxable residents of the Russian Federation, the percentage “bar” of the participation of an individual in the company’s capital, the transfer of a “controlling” individual, becoming lower - and become no longer 25%, but a total of 10% (Subparagraph 2 of paragraph 3 of Article 25.13 of the Tax Code of the Russian Federation).

In practice (adjusted for esoteric features), the “controlling person” and the “beneficial ruler” of a foreign company often run in the same person. Therefore, in the publications of ZMI, devoted to deoffshorization and subordination of the KVK, to talk about "beneficiaries", looming on the vazі itself of "controlling osіb".

The concept of "beneficiary" may be appointed. It's important to remember as well as informing businessmen, as well as those who are familiar with the current state of trade activity.

The beneficiary is the keeper of the documents, as to bring him a material tax. In case of this varto, the rights of that obov'yazkah of the individual, as well as the acts that viconu

Contributing to the income of the beneficiaries, there is a large number of people and skins from them may have their own particularity, shortfalls and, obviously, advantages.

What is a beneficiary?

The term "beneficiary" (beneficiary) may be explained and resemble the French word benefice, which in translation means - income, melancholy.

Designate before the varto that the beneficiary is a physical legal person, as for the contract with the borgo document gaining benefits and income.

That is, in the event of a zdіysnі zvnіshnyotorgovelnoї ї diyalnostі the beneficiary can be a company, appointed as a seller for a letter of credit.

The final beneficiary is a physical special person, as he is respected by the firm’s clerk and has all Volodarsky rights. Ale, in to this particular type, the right of power mayut third-party individuals.

The operation of picking up the end of the profits is carried out at the process of acquiring offshore companies. To ensure confidentiality, a nominal service is created. Zdebіlshoy, the data of the real vlasnik (the one who is the beneficiary) are assigned from the process of issuing the company's account to the bank. In addition, yogo im'ya in the house of an agent of the organization. In case of any final beneficiary, it is important to be the head of the bank account, as he may have the right to order.

"Kіntsevy beneficiary" - the most important understanding.

At the discretion of the nominee shareholders, the beneficial owner is the real manager of the organization or assets. From the legal side, other individuals who have guessed earlier act as vlasniks.

It is worthwhile to be quiet and vipadkiv, if the principal-beneficiary is the owner of the shares. The beneficiary, who is entitled to shares, may have the same rights:

• Participation in the process of forming a statutory capital;
• Transfer of shares to another beneficiary;
• Presence at the meetings of shareholders and presence of the right to vote;
• Participation in the selection of nominal ceremonies in organizations;
• The fate of the profile of the activity of the organization.

The beneficiary of the insurance policy is the owner of the sum, which is included in the contract.

In the process of life insurance, it is possible to indicate whether a physical person is the first or mental beneficiary of that case, as there is a warning about it in the document.

It is important to guess that the beneficiary is also special, like a spadkoєmtsem for a command or an obliging rent when renting an object.
Also, a representative of the trust is considered as a beneficiary, as a manager of the mine directing him to win.

Rights of the beneficiary

Vigodonabuvach may be right, but stinks can be reduced to a minimum in the process of withdrawing financial wine and possibly to a bank guarantee. The threat is detailed in Article 174 of the Central Committee of Ukraine (384).

Інтереси вигодонабувача вважаються порушеними, якщо у відповідних документах компанії передбачено обмеження повноважень на вчинення правочинів органом юридичної особи, що представляє інтереси бенефіціара, прописаних у довіреності, а друга сторона домовленості, знаючи про існуючі обмеження, не дотримується цих правил у процесі здійснення цієї угоди. At this time, the situation will be examined by the court. Vigodonabuvach, in the interests of such a legal person, a legal person can file a judge's posture. As in the course of the judicial review, it will be brought to the attention that the given legal person was informed about the exchange for the introduction of the right, or it is not enough to know about them, the right is not worthy of justice.

Also, the law passed the filing of a summons to court by the sovereign authority, the founder of the company, or a legal entity, as a control of the activity of the beneficiary of the company, at the expense of the minds of the contract. In Article 173 of the DC of the Russian Federation, the data of the violation were designated as the conduct of activity, which supersedes the goals of the company, assigned to the relevant regulatory documents.

In addition, vikonanny sevnyh diy is punished, as a legal person does not have a license. As if in a forward turn, the court found the deed to be illegal, as if to prove that the accused was informed about the mind and її zdіysnennya that svіdomo destroyed them.

So that the favor was successful, it is necessary to establish the rights of the beneficiaries, the zocrema and the kіntsevs. Tim more, that the problem has become less collapsible after the praise of the relevant laws.

The legal person is guilty of competently reviewing the documents of the guarantor in order to correctly verify the nutrition of the main goiter. In case of any documents, you can confirm such a mind:

• Legitimacy of business activity;
• The legitimacy of the duty and vikonannya renovating the bodies, as they practice in the name of the same;
• Confirmation of the legal status.

As a dzherelo for the knowledge of the guarantor's data, you can win the statute. Moreover, the beneficiary is responsible for giving due respect to those who are given to him the rest of the editing of the document. In addition, you can get acquainted with the documents of a legal entity, as if to testify about the state registration. About the correctness, note the special designations that are in the scope of the document and reflect the changes that have been made in the new earlier.

Bank guarantee: rights and obligations of the beneficiary and the guarantor

Both sides of homeownership should be aware of the basic rights of one alone:

1. Beneficiary, Vіdpovіdno to bankіvskoї, garantії maє the right to contract vymog to the guarantor. Yogo is not allowed to be transferred to other persons, as it is not indicated in advance on the document.
2. Nabuvach vigod maє slap wimogi about splat financial costs, issued by a bank guarantee, including in a letter form.
   Until then, the other side of the operation may be provided with other important documentation as an addendum. Himself at niy vlasnik kazuє the essence of damage to the hour of vikonannya head goiter, transferred by a bank guarantee.
   Vimogi can be presented to the guarantor of doti, as a term, appointments for homeownership, mine.
3. Beneficiary, krim filed documentation, is obliged to transfer to the other party її copies and once again confirm the process of the holder.
4. Guarantee goiter in the shortest term to look at the vimogi, presenting an obsessive income, that is respectfully documented. We take care of our vins with the appointments of the validity of the operations and the guarantees of the minds.
5. Guarantee I have the right to vodmova to the satisfaction of the beneficiary in that case, as if the documentation was submitted after the end of the previously appointed line, or I will not comply with the mind of the contract. In this case, one side is guilty of the shortest term to say more about the praise of the decision.

In that case, as a guarantor to become aware of the death of head goiters, before that, as a hundred percent help of the beneficiary, a decision was made, it is guilty to inform about the participants in the favor. After repeated overstrengthening, the help of the guarantor of goiter is to satisfy yoga.

The translation of the rights and obligations of the guarantor and the beneficiary is small, but if there are similar activities, it is better to look at it more on a large scale and carefully review all the documentation.

Pochatkіvtsyu ZED needs to be clearly oriented in different financial terms, for example,. Read about it in our thematic article.
If you have chosen the promissory note form of rozrahunkiv, find out what the allonge is. Here you will also find information about the significance of that signing of the endorsement and see it.

Wimogi how to identify

Due to the confidentiality of the offshore company, it is recommended to register for a nominal shareholder, which was discussed earlier.

Information about the beneficiary will be shown in the trust agreement, and in the official documents of the public registry of the company, the company's manager will act as another person.

Shares for the bearer, as well as the presence and nominal charities, which cannot guarantee the absolute confidentiality of the beneficiary.

Disclosure of information about final beneficiaries may be available at the trust declaration, which is expected to be financially established, where necessary, the company's accounts will be declared.

Vlasnik of offshore companies - nominee shareholder.

In addition, according to the law, the person holding the servants is guilty of being aware of his representative. If you do not varto vikoristovuvaty represent a person as a beneficiary of a legal entity for confidentiality. At the same time, the real manager of the assets may have the right to dispose of them at the time of vindication of any differences between the parties to the contract.

It is also important to select the bank and the company, even if the conclusion about the beneficiary can be taken away, having gone through the same procedures, passing the regulations.

Our specialist will consult you free of charge.

the owner of a penny payment, income, income and other benefits and benefits, zgіdno with a borgo document or a contract, this is the name of a person who transfers trust to his management and takes away his income

Information about the understanding of the Beneficiary, the rights of the Beneficiary, their identification, the code of the Beneficiary, and what is the beneficiary

Fire up the zmist

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Beneficiary (Beneficiary)

Beneficiary - ce, juridical chi physical person, yak otrimuє pennies, financial benefit from the contract document. In addition, I also take the income from the trust, also renting mine to other individuals. Well, obviously, the beneficiary can take advantage of the transfer of shares to shareholders from the broker.

Use the term beneficiary more. The beneficiary of the hour of the trust operations is called the person on whose retribution the trust manager of the mine is responsible. In the case of the insurance company, the beneficiary is the person designated for the withdrawal of payments. Yogo im'ya be entered to the insurance policy.

You can also become a beneficiary by virtue of the law of recession. Tse vіdbuєtsya then, if the person is fixed in insurance policy as a beneficiary who did not live to see the completion of the term of the insurance contract. When insured, myna becomes a beneficiary, whether it’s a sack in times, as if it’s mine, that you should lie down, it’s insured for him by another person’s melancholy. In addition, the beneficiary is a person, for the sake of it, the issuing bank has issued a documentary letter of credit.

Vigodonabuvach(also beneficiary, beneficiary in French benefice - surplus, melancholy)- ce, physical chi legal person, yakіy recognized as a penny payment, earning pennies.

Vigodonabuvach - tse, which deducts income from your own lane, transferred in trust to the management of another person, legal chi physical (when renting, hiring), or from victoriousness of your power by third persons (for example, when transferring from a broker to a shareholder maximum allowance (dividend)), a reference vlasnik.

Vigodonabuvach - tse, at the time of the dovirchoi power of a person, as otrimuє income from the trust.

Vigodonabuvach - tse, in the insurance company, the person is recognized as the insurer for the withdrawal of insurance premiums under the insurance contract. Fixed with the insurance policy.

Vigodonabuvach - tse, maybe a person by virtue of recessionary law, as a person, is assigned to the insurance policy (contract) as such does not live up to the end of the term of the insurance contract.

At the mine insurance, it’s possible that you can be like a hairdresser, like a mine, that you should lie down, it is insured by another special one for your melancholy. For example, a lessor (lessee) puts an insurance contract, being an insurer, and the lessor (lessee) acts as the principal behind the contract.

The beneficiary is also the person on whose behalf the issuing bank issues a documentary letter of credit.

Rights of the beneficiary

How to designate Avanesova G. "the rights of the beneficiary to withdraw a penny sum for a bank guarantee can be reduced under the threat of violations to Art. how stinks are appointed in trust, in law, or how stinks can be taken into account by the obvious from the situation, in which circumstances favors, and when її imposed, such a body of a legal entity is viyshov for an interim exchange, legal authorities can be recognized by a court of a weekly establishment of an individual , as it will be brought to light that the other side in the favor knew, or it is little known about the appointment of the exchange.

In addition, next to the mother on the uvazi, shho statti 173 of the Civil Code of the Russian Federation, "please, charged with a legal special in super-security with the goals of activity, insanely obmezhenim in yogo establishing documents, or a legal special, as there are no licenses for employment in business activity, by a court of law for the call of a legal entity, a co-founder (participant) or a sovereign body, which controls the activity of a legal entity, as it has been brought to light that the other side knew, or it is known little to know about the illegality "

Please accept federal law"On the state registration of legal rights" and in connection with the amendments made on 7 April 2001 to the Federal Law "On banks and banking activity", the problem of stating the legal status of the guarantor becomes less foldable. And all the same, the need for the guarantor's entitlement is left. Як правильно зазначає Г. Аванесова, перевірка бенефіціаром документів гаранта, що підтверджують легальність його створення, спеціальну правоздатність, легальність та повноваження органів, що діють від його імені, не повинна здаватися йому марною тратою часу, оскільки інформація, що міститься або відсутня в установчих документах . correctly virishiti nutrition about acceptance of guarantees and vikonannya of the main goiter.

Golovne dzherelo іnformatsiї about the guarantor - yogo statute and that, first nizh yogo vichati, the beneficiary is guilty of renegotiation, scho vin maє stay editorial statute. Guilty to look at the reference copy of the certificate about the state registration of a legal entity, shards on the yogic bots roble notes about all the changes that should be made to the statute. * (387)

A bank guarantee may be issued by a guarantor, as it has not been transferred otherwise.

The right of assistance to the guarantor, which belongs to the beneficiary for a bank guarantee, cannot be transferred to another person, as in the guarantee it is not transferred to another.

The benefit of the beneficiary about the payment of a penny sum for a bank guarantee is submitted to the guarantor in a letter form with additional documents assigned to the guarantee. At the same time, either the addendum to the new beneficiary is guilty of declaring, for which the principal is damaged by the main goiter, for the security of which one has seen a guarantee.

The benefit of the beneficiary may be filed with the guarantor until the end of the term assigned to the guarantee, as far as it has been seen.

If the beneficiary is deprived of his will, the guarantor is guilty without the permission of the principal to inform him and to transfer to him a copy of the beneficiary with the necessary documents.

The guarantor is guilty to look at the ability of the beneficiary with the documents added to the new one in a reasonable term and to show a reasonable degree, to establish that it is possible to add the new documents to the minds of the guarantee.

The guarantor advises the beneficiary at the satisfaction of the first, so that the guarantor may either submit the documents to the new one, do not give the guarantee to the mind, or present the guarantor after the end of the appointed guarantee term. The guarantor is guilty of negligently informing the beneficiary about the widow’s satisfaction and may help.

As a guarantor, until the satisfaction of the beneficiary, it became clear that the main goiter is secure, secured by a bank guarantee, more or less at the main part of the vikonan, it was blamed for the other substations or not, the principle is guilty of the tabedomit and the principle of the tabedomit is wrong.

Otrimana by the guarantor after such a confirmation, the beneficiary was repeatedly satisfied with the guarantor.

Beneficiary code (KB deciphering)

KBe (Beneficiary Code) carried encrypted information about the owner of the money.

The value of the first field and two digits: the first digit indicates the owner of the resident of the Republic of Kazakhstan, the other - indicates the sector of the economy, which wine is to be owned.

First digit - Residence code

1 - resident of the Republic of Kazakhstan

2 - non-resident of the Republic of Kazakhstan

Another figure is the sector of the economy

1 - Central Order

2 - Regional and municipal authorities

3 - Central (national) banks

4 – Other depository organizations

5 - Other financial organizations

6 - State non-financial organizations

7 - Non-state non-financial organizations

8 - Non-commercial organizations serving domestic governments

9 - Home states

Questionnaire of a physical person (beneficiary)

Appointed bills are requested by the Bank from the Client on the basis of subparagraph 2 of paragraph 1 of Article 7 of the Federal Law of 07.08.2001 r. No. 115-FZ "On the prevention of legalization (removal) of income, taking away the malicious way, and the financing of terrorism14". To Law 115-FZ, the Client must submit the goiter to the Bank before the appointment of the statement.

Vіdpovidno up to article 3 Law 115-FZ (with the changes made by the Federal Law vіd 06/28/2013 № 134-FZ "On the introduction of changes to 10 legislative acts of the Russian Federation against illegal financial agents in beneficiaries"), , as in the end of the day, directly or indirectly (through the third osib) volody (maє I will override the fate of more than 25 hundreds of dollars from the capital) by the client - a legal specialty, or it can be possible to control the client. Volodinnya more than 25%, the questionnaire includes information about a physical person (physical person), as it is possible to control the Client's personality - a legal person.

Before the questionnaire, it is necessary to add a diagram of the structure of the authority of the Client - a legal entity, which includes industrial organizations, right up to the final authorities - physical disabilities with a frequent direct / indirect (through the third axis) fee over 25%, stored for analogy.

What is a Beneficiary?

Beneficiary (Lat. beneficium - blessing). In Serednyovichchi and zgodom tsim, the word denoted land volodinnya, which is transferred from dovіchne koristuvannya for the mind of the service - court, administrative, but more importantly - military; to that under the beneficiary, call out the wisdom of the land of the land (on the authority of the precaria, which is the mind of the peasant type). Nevikonannya minds vlasnik caused liquidation of beneficiation. What is the cost of death, having conquered the beneficiary's skarzhnik, turning to the sackmaster of the yogo spadkoєmtsy. Let's have a beneficiary moment of transfers on the basis of a new site.

Appearance of beneficiation- one of the manifestations of the agrarian revolution, which became in the Frankish state in the VIII century. : allodie, bestowed on the widow of insane power, were replaced by favors from the daughters of the coronation The social structure of the Frankish suspіlstva changed, a new military prosharok of the beneficiaries appeared, who were granted royal power by the landed blues. In the IX-X Art. beneficiary of nabuv rice to feud (lion). The beneficiary of the appearance of professional warriors-persons, as well as the vindication of special fidelity and intercession (vasality) between the squire and the beneficiary. The beneficiaries were distributed like kings, and great feudal lords. Nezabar richly beneficiaries have become mighty for the kings.

From the beginning of the 6th century, under this term, the income of the planting or the land plot began to rise, like spiritual individuals, like a wine city.

Who is the beneficiary vlasnik?

Представники влади неодноразово говорили про необхідність ідентифікації кінцевих власників, обґрунтовуючи це завданням забезпечення прозорості структури власності та угод із зацікавленістю, податковими аспектами, а також бажанням держави чітко розуміти, хто стоїть за бізнес-структурами та несе зрештою відповідальність за їхню діяльність. The results of the red 2013 r. the Russian legislation has come to understand the “beneficial vlasnik”. At first glance, nothing has changed in the activity of the subjects of the state - nothing has changed - the additional validity has not yet been introduced. However, the selection of information about beneficiary officials is only the first step on the way to future changes in the sphere of control over business activity.

Beneficial Vlasnik vs Controlling Person

The understanding of “Benificean Rusticated” was introduced to the Federal Law of the VID 08.08.2001 No. 115-ФЗ “On the Position of Legalizatsya (vidmivanny) income, tunsuvannya tiring” by the Federal Law of the VID 06/28/2013 No. 134 of the legis operations".

The new understanding will be based on the method of obov'yazkovogo collection and the collection of information about whether the company, as a client of the organization, as a zdiisnyu operations with a penny chimney.

Innovation touches practically all legal osib, like a bank account, either by clients of insurance companies or by professional participants in the market of valuable papers.

The need to accept the appointment of changes is stipulated by the provisions of the Russian legislation in order to enable the Financial Action Task Force on Money Laundering (FATF) and the Cooperation Organization for Economic and Development Development (OECD).

The appointment of the beneficial owner, given in the Law No. 115-FZ, was praised for what to avenge in the Directives of the European Parliament and for the sake of the European Union 2005/60 / EC dated 26.10.2005 about the obstruction of the election of the European Parliament / EC5 financial system 2005 and of Council of 26 October 2005 on the fence of the financial system for the purpose of money laundering and terrorist financing). individuals), as in the final case of the Volodya or the control of the client, that (or) physical person, in the name of which the rights are established or the activity is conducted.

It is not important to remember that the new understanding is similar to the understanding that is already victorious in legislation, “a controlling person” (federal laws of 22.04.1996 No. 39 FZ “On the market of valuable papers”, of 26.10.2002 No. )”) (Dali - Law No. 127-FZ). The main authority between them is often determined by the statutory capital - the controlling person is recognized as the possibility of ordering over 50% of the votes with the highest governing body under the control organization.

What can be added to understand what is already clear in Russian legislation:

Affiliated individuals;

Group osib;

Mutual individuals;

Infected individuals.

An active discussion is going on and some novels are being passed by proponated amendments to the Central Committee of Ukraine. Instructing the understanding of the “affiliated person”, the status of which is indicated by formal signs, is encouraged to entrust the Civil Code of Ukraine with the understanding of the “controlling person”, whose status appears, we are forwarded, with the ability to control the management of a legal person, informally. Behind the proponing formulas about “the ability to give obov'yazkovі for such a legal entity” (Article 53.3 of the draft federal law No. 47538-6) stand without the need to submit a difference between each other up to the category of pulling control of one individual over another.

In orderly legislation, such vіdnosiny zalezhnosti are regulated by Art. 105 of the DC of the Russian Federation “Daughter of the State Comradeship”, why not talk more about the recognition of the fallows between partnerships and partnerships. Changes, mandated by the Civil Code of Ukraine, to introduce the same physical individuals and organizations of other organizational and legal forms in the number of control entities and allow both direct and indirect control.

Raznomanіtnіst defіnіtsіy є zayvoi, proté won caused by rozniceu zavdan, scho to stand before the legislator. The main meta of the fiscal authorities is the opposite of the so-called tax-paying planning, and in this case, the recognition by the beneficiary of the physical person, as a sanction to the actual possessive income, would have shown it.

The method of antimonopoly authorities is to control the economic concentration, and їm (like the regulators of the price paper market), more, need information about the OS, how to actually manage it, as well as about the form and provision of the deposit (economical), legally. about control systems. Law No. 115-FZ has only one method - against the legalization (removal) of income, taking away the malicious way (here we see corruption), and the financing of terrorism.

The legal status (legal personality, rights and obligations) of the beneficiary is not determined by law. Information is collected in order to prevent illegal financial transactions.

Prote Power already repeatedly voiced other plans. The budget was sent to the President of the Russian Federation to the Federal Foots of the Russian Federation on 05/25/2009 “About budgets Politika in 2010-2012 Rock”, the recommendation of the Lawyavcho to be fixed by the Meminism of the Vikoristan about the unit of the subovadatkavannya of the Zvoitkiyani not a resident of the country, for which it is laid to please.

Basic Podatovo Polikikovo federal feds for 2012 RIK TA in Planovy Periode 2013 Tu 2014 Rockiv (captured by the urban of the Russian Federation 7 Lipnya 2011 r.) Come to the Tax Code of the Russian Federation to the Methodye Poddatkovikh of the Majori Poles at obscene casuals, and such incentives for the transition of organizations from offshore zones to the jurisdiction of the Russian Federation. Zakrema, transferring, that they get those preferences, transferred by international treaties, a participant of some of them in the Russian Federation, will not be stuck in quiet situations, if their final beneficiaries are not residents of the krai - participants of such agreements. Imovirno, scho svoryuvana nі іnformatsiyna base bude poznіshe vykoristano and other areas of national interests.

Turning to the power of intelligence to understand the “beneficial vlasnik” and the “controlling person”, it is impossible not to guess about the already existing in the dignified legislation the existence of controllable errors.

Zocrema, according to the Law No. 127-FZ, individuals, as a control of a barber, jointly and severally bear subsidiary responsibility for penny goiter and (or) obov'yazkami z pay obov'yazykovyh payments.

So, in one of the ways in which the borg were attracted to subsidiary viability for the Borg, shards, at the thought of the court, having established an actual informal control over the activity of the borzhnik through osib, like formally controlling yoga. When applauding the decision, the court looked at the various proofs of the controllability of the borzhnik to return (including the sheet of submission sent to the auditor, in order to clear the transfer of companies controlled by the return) at reference No. A60-1260 / 2009). It is obvious that the availability of information about the beneficiary vladnik in court cases of this kind will become one more proof of factual control. Don’t forget about the idea of ​​a more pronounced amendment to the Civil Code of Ukraine, as it is also allowed to introduce in a number of exemptions in solidarity with a controlled legal specialty for goiter related to a controlled individual.

Information disclosure

Russian business is not the first to deal with the need to disclose a beneficiary's official. So, on the cob 2012. 12/28/2011 No. VP-P13-9308 A lot of enterprises (most importantly companies with state participation) began to supersede contractors and help them to provide information about the entire lansy of the authorities, including beneficiaries of China In the minds of the essential understanding of the legal regulation of the procedure for disclosing the final beneficiary, a lot of organizations ran into difficulties in providing information that needs to be asked.

It is necessary to say that the procedure did not become sensible because of the introduction of the appointment of the beneficiary's magistrate. Prote z 1 lime 2013 banks goitre to live in the city of the bank to identify the beneficiary of the bank's clients.

According to the Law No. 115-FZ, the nature of the procedure for submitting information about the beneficiary of the client's beneficiaries is determined in the manner established by the Order of the Russian Federation. Since such a procedure has not yet been published, it can be assumed that Law No. 115-FZ and the Regulations on the identification by credit organizations of clients and vigodobuvachiv with the method of preventing legalization (admittance) of income, obsession with financiers.

According to the Law No. 115-FZ with the method of identification of a vigodonabuvach - a physical individual should be installed:

A nickname, named after my father;

Gromadyanstvo;

date of birth;

Requisites of the document certifying the person;

Data of a migration card, a document confirming the right of a foreign citizen or an individual without a community to change (residence) at the Russian Federation;

Addresses of the place of residence (registration) and place of change;

Identification number of the payer of taxes (for visibility).

It follows that the order of the new concepts of “beneficial vlasnik” in Law No. 115-FZ is based on the concept of “vigodonabuvach” and the Regulation regulates the process of identifying vigodonabuvach itself. According to Law No. 115-FZ, such a person, at the cost of such a client, including on the basis of an agency agreement, contracts of trust, commission and trust management, during the operation with a penny and another mine. Vykhodyachi s induced appointment, Law No. 115-FZ admits that the most important thing can be a legal person.

The protege beneficiary may be less of a physical person. In such a manner, it should be clear that banks need to disclose information about the beneficiary and about the beneficiary.

As for the nutrition of the identification of the beneficiary's sergeant, everything is more or less understood (the shards under her may be on the authority of the installed individual of a physical individual - the beneficiary spy), then the nutrition of the installation of the beneficiary's sergeant is no longer valid. This installation is actually a confirmation of the situation, on the basis of such wines it is recognized as special, as it confirms the concept of “beneficial vlasnik”, we give Law No. 115-FZ. Legislation could not avenge until the confirmation of such circumstances, and the credit institution could not ask the client for the information, in the presence of the quiet, which is necessary for the identification of the beneficiary's holder.

At this time, for the formation of information about the beneficiaries of the bank, the banks have the right to vindicate whether they are dzherela, including the documents given by the client (questionnaire of a legal entity, a sheet of the client, addresses to the bank, etc.). With the help of Law No. 115-FZ, a provision has also been introduced about those that “in times, as a result of the transfer of cims under the Federal Law, they entered the identification of the beneficiary authorities, the beneficiary authority was not identified, the beneficiary authority may be recognized by the same authority.” Tsya norm is clearly aimed at fighting against the so-called one-day firms, prote, more for everything, banishing congestion and poor organizations, it is impossible to install a beneficiary sergeant.

There will be few such organizations, among them:

Non-commercial organizations, yakі do not care for the hairdresser (if you want and can be vigo-donabuvachi-beneficiaries);

Share investment funds;

Partnerships, which may have a small number of shareholders or participants, can be found among those who do not meet the signs of a beneficial owner established by the Law;

Partnerships, participants of which are covered by trust structures for volodinnya assets and int.

As it was already guessed, disclosure of information about the beneficiaries will be brought to all legal persons, as a bank accountant as a client of the organization, as a result of operations with pennies. Obov'yazok razkriti beneficiary vlasnikіv not stumble over the next categories of clients:

organs of sovereign power, others sovereign bodies, organizations of public self-regulation, establish that they have state budgetary funds, state-owned corporations and organizations, some of the Russian Federation, sub'єkti RF and municipalities may have over 50% of the shares (parts) of capital;

international organizations, foreign powers or administrative-territorial units of foreign powers, as they may have independence of rights;

issuers of valuable papers admitted to the organization of trades, which disclose information in accordance with the legislation of the Russian Federation on papers.

Vіdpovіdno to st. 6 of the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data”, it is not necessary for the subject of personal data to be processed, as such processing is necessary for:

Achievement of goals, transferred by international treaty of the Russian Federation and law;

Zdіysnennya and vikonannnya provisions of the legislation of the Russian Federation on the operator of functions, renovating and obov'yazkіv.

About final beneficiaries

The campaign to seek out the final beneficiaries of Russian companies has so far not yielded any remarkable results. Please note that it is necessary to find out about the new FFMS measures. Vіdpovіdno until amendments to the law on the market of valuable papers, joint stock companies, yakі volodіyut bolsh nіzh 5% aktsіy, povnі povidomlyati aktsionernі kompaniya pro osіb, yakі їх control. Regulations of the Federal Service for Financial Markets punish that the issuers themselves are to blame and then disclose the facts in the form of facts and publish them on the pages of the agencies.

Approximately 250 Russian emitters were duly opened to the ear of the grass, so that the introduction of terms, information about the beneficiaries of the country. Nearly 750 news stories were published on the lines of news agencies. Nachebto, a show of indiscretions.

However, ideally, all 4,000 Russian issuers, if they publish quarterly announcements and facts, would take little notice of their shareholders and disclosure of information. Due to the fact, some companies did not disclose the information, the shards had previously told about their beneficiaries and were not guilty of re-operation. It can be judged that the companies that have lost, such a great number, did not reveal information, to that their shareholders and beneficiaries simply did not send them notifications. It is also necessary to protect, that, according to the logic of the new camp, the company was able to tell the story about the skin person, as it sent them the report - that’s according to the whole language of the Vlasniks.

As a result, in the majority of opinions, the issuers, although they still published information, fledged with data about the industrial companies-vlasniks, and not physical individuals - the last beneficiaries. So, among the 25 great companies about Vlasniks - private companies, only 4 issuers were promoted.

Nasamkinets will quote the document. Depending on the order of the Federal Financial Markets Service of Russia No. 11-44 / pz-n, for the lines not later than 90 days from the date of recruitment of rank (that is, not later than the beginning of the month of 2012), the shareholders are to blame for the issuer's presence in the control of their rights. In addition, individuals who may exercise the right directly or indirectly to order more than 5% of the votes in the issuer, are responsible for sending information about the share they control, and organizations controlled by the issuer - notifications about the number of shares, which ADRs are entitled to vote order, or about the existence of such a right

Beneficiary and letter of credit

The beneficiary bears the responsibility for the renewal of the letter of credit in order to reconsider that:

The beneficiary can take away all documents transferred in letters of credit;

Use the letter of credit, but you can do it;

The letter of credit was issued in advance of the contract of purchase and sale or with another contract.

KRIM that is, the problems of the vinica in the result of the shortage of the disabilities of I Benifitsy, the drive of the main parts of the main pleading, the part is difficult to explain to the operations of the Akreditiv.

Beneficiary, letter of credit and advising bank

In the course of the review of the letter of credit, the beneficiary is strongly recommended to contact the advising bank for any advice, and at this stage the advising bank can give its expertise.

In the course of consultations with the advising bank, the beneficiary is responsible for clarifying the essence of any changes that need to be made, especially if the situation has changed at the moment.

Obov'yazki Beneficiary

Krim obov'yazku reverify the letter of credit after ogo otrimannya and ask about the necessary changes, the beneficiary may obov'yazok robiti vіdvantazhennya or vikonati goiter vіdpovіdno before the letter of credit and filing under the letter of credit transfer of documents.

Processing change to letter of credit

Irrespective of what pleases me, and on a letter of credit, for which beneficiary can work, at the hour of preparation by the beneficiary of the submission of documents, it is possible to find in them differences. In which case, the beneficiary can contact the taxpayer in order to give an assessment of the rest of the differences, and understand that the taxpayer will not recount the differences.

What is the power of submission of documents

Fakhіvtsі z d / a owe to the mother on the uvazі, scho want more beneficiaries to seriously review the withdrawal of documents on the subject of their validity of the letter of credit, deakі beneficiaries zdіysnyuyut the submission of documents without due diligence.

The beneficiary is guilty of renegotiating that:

Usі peredbacheni documents selected for їх podannya vіdpovіdno to the minds of the letter of credit and whether it's necessary to spend it in due order;

Signed and endorsed, as necessary;

There, de є razbіzhnostі, the stench is known and roz'yasnenі, and at the supremacy sheet є іnstruksiї at that, like with them;

At the suppository list it is assigned - de and yak is to blame for the payment, the contact person, the numbers of his telephones, faxes, etc.

The beneficiary of the goiter should be recontacted from the one who was broken if the power of submitting documents was broken, and the one who had the filed was broken, may have the exact instructions for that, as the next was to file the filing of documents.

Beneficiary and Commissioner

The beneficiary is responsible for the protection of the taxpayer to be put on the side of the taxpayer to wait for those who transfer the transport documents with the letter of credit to the taxpayer of appointments as a vantageoderzhuvach. If the beneficiary pogodzhuєtsya on the subdivision of prohannya, then in case of non-payment, the beneficiary will no longer be able to reshuffle the bank-emіtentu abo іnshіy storonі, vіdpovіdalnіy for the delivery of the goods to the order giving yak vantage.

For the smooth flow of the documentary-accreditation operation, it is necessary to make a good decision, as between the beneficiary and the commissioner, good-natured blueprints have been installed, as if they are at least allowed to solve working problems from a position of good will.

Exploring the beneficiaries of foreign companies

The peculiarities of the Anglo-Saxon system of law allow the distribution of figures of shareholders and beneficiaries of the company. І якщо відомості про акціонерів знаходяться у відкритому доступі практично у всіх країнах (за винятком офшорних юрисдикцій, безпосередня співпраця з компаніями яких тягне за собою визнання операцій контрольованими), то відомості про бенефіціарів компанії отримати складніше - вони є тільки у компанії - реєстратора та обслуговуючого банку .

In the rest of the hour, more and more people think about the opening of various foreign structures of the Volodymyr, making changes to bilateral international agreements to exchange information about the reliability of bank accounts.

Let's look at three types of situations, for which there is a need to disclose the beneficiaries of the company, which is formally controlled by an independent foreign company.

First, the disclosure of the beneficiaries voluntarily - without intermediary by the beneficiary himself

The rest of the most serious situation was revealed by the Vlasniks of Domodedovo. Let's guess, after the terrorist attack in Domodedovo in 2011, every group of companies carried out all possible rechecks - from the tax to the recheck of the Prosecutor General's Office, which led to the destruction of criminal law and the destruction of aviation safety rules. The president of the office opened the airport’s office, prote, let’s say, that the head of the main company, a resident of the classic offshore O. Men, didn’t know anything. Then the IPO was announced, the IPO was settled, and the company's sales to new investors were announced. The purchaser, honestly, was the Cypriot company and the Kіntsev’s vlasniks were left with no openings.

In our opinion, the impossibility of presenting claims on the taxable income was called out to the “golden rule”: do not mix the main security with taxable optimization.

After that batig was changed to a gingerbread man, declaring significant federal investments in infrastructure development. The whole logical mindset was the development of the Kintsev’s military companies: following the words of the President, “it is important to clearly understand who, for whose account, at which financial institution the development of the airport infrastructure and for which it is clear.”

After all, one of the top managers of the company - the head of the Radi Directors, called himself the beneficiary of the airport. For the time being, it’s easy to talk, as the situation is developing further: a number of experts are thinking that the beneficiary will not be slandered again like this and hide a bigger figure. Crossing from some fences and menacing entrances to stimulating ones - to complete the symbolic one.

Another situation - we call it її voluntary-primus

It is connected with recently introduced changes to the Federal Law “On the prevention of legalization (removal) of income obtained by a malicious path” with a method of preventing financial transactions. We wrote a report about the changes earlier.

Відповідно до змін на банки та інші організації, які здійснюють операції з грошима та іншим майном, покладено обов'язок вживати заходів щодо ідентифікації бенефіціарних власників організацій при відкритті розрахункового рахунку, а також регулярно оновлювати інформацію про вигодонабувачів та бенефіціарних власників. Without the identification of the beneficiary of the legal entity, the banking account is protected. Moreover, if a legal person does not provide information about their beneficiaries, the beneficiary may be recognized by the director of the company.

Let's guess that a physical person is recognized as a beneficiary lord, as if it was directly chi mediated (through third parties) of the city (maє I will override the fate of over 25 people from the capital) as a client - a legal special, otherwise it is possible to control the influence.

In other words, the bank can help to reveal the structure of a voluntary company, as a participant, for example, a foreign organization. Zatsіkavlenі at vіdkrittі bankіvskogo rakhunku in a particular "handy" bank, the client themselves reveal all the information to the bank. At this time, such information is confidential, but not to be brought to the banking secretariat, at the link with which it may be given to the request of the authorities.

The third situation, which will require the disclosure of beneficiaries

It was tied from the court's views that it is necessary to bring the day of the call between the active participants of the favors.

A clear illustration was the Decree of the Presidium of the Supreme Arbitration Court of the Russian Federation dated March 26, 2013. at reference No. 14828/12 (the text was praised for publications less than in 2013).

The Higher Arbitration Court, having found that in times of participation in a super-judicial offshore company, it is subject to the burden of bringing publicity or the presence of conditions, which testifies to the independence of an offshore company with mutual partners with relatives. Such a message is being sent, for us, in a way to reveal information about those who really stand behind the company, to reveal information about the last surplus.

Apply Beneficiaries

Minister of Natural Resources Trutnev became the beneficiary of Uralkali

The conflict "Yuri Trutnev - Oleg Chirkunov" did not flare up on fire. The accident near Berezniki became a spark for the oppressive political fire, like a fiend. The two politicians - chi are not proliferating, look at the top of the Berezniki problem. Standing at the super-echo of the Minister of Perm helps the leader of Perm to help his high-ranking friend - the head of Rosoboronexport, Sergiy Chemezov. Tim hour "URA.Ru" became a sensational fact: Yuriy Trutnev is the beneficiary of "Uralkali". At the link with the cim, there is a lot of slіv and the rukhіv of the minister to stay in the next world ...

I will reciprocate the fortune-telling of the governor of the Perm Territory Oleg Chirkunov and that minister natural resources Russian Federation Yury Trutnev has already become foldable to attach and value both politicians. Їхнє the standing is especially remembered in the course of the resolution of the problem with the accident near Berezniki.

Nerazuminnya began a long time ago. As URA.Ru rose to the highest position in the order of the region, immediately after the accident at the mine in 2006, the governor of Perm announced that the disaster in Berezniki was man-made. In such a rank, the company itself was drunk with wine in the NP, zokrema. Deputy Minister of Natural Resources of the Russian Federation thought otherwise. For some reason, it appeared that it was a vinyatkovo natural disaster. Evidently, Uralkali was unaccountable for some time before the accident.

Pan Chirkunov did not go far to fix the opir for a long time. On the federal level, a commission was created to control the problem in Berezniki. It was clear that the head of the Ministry of Taxes and Duties Sergiy Shoigu was to be deceived. But as a result, Yuriy Trutnev nevertheless gained the right to cherish the structure. Clearly, the minister has a lot of new opportunities to promote his interests.

We can see a sensational fact in the link between them, which has become a ban on URA.Ru. As rozpovit "URA.Ru" dzherelo in the government structures, scho merits for dovira, pan Trutnev є beneficiary of "Uralkali". Of course, in the situation with the accident at the First Mining Company, the minister did his best to save Uralkali.

Vlada Shvidko “zabula” about the budget pennies, saw more chances for that, with the action taken by Uralkali, to fill the empty karst near Berezniki. "URA.Ru" became aware that the funds were not mastered until the end and the work on laying empty mines was also not completed. Uralkali was not predicted by those who, in 2006, during the pre-IPO preparation period, the company sharply increased the number of bottles of syrovin in order to increase the variety of quality papers, and this was one of the reasons for the accident at the mine.

On top of that, the experts found out that the disaster at the First Mining Department of Uralkali was “natural”, and the company was allowed not to take part in the financial succession of the recent accident. Usі pennies for the liquidation of the NP were seen from the budget. More recently, Uralkali got two social projects near Berezniki to invest.

At one time, Yuriy Trutnev galmuvav cherishing food for everyday life of a 6-kilometer long yard near Berezniki. Right in that "Uralkaliy" has no special rights before any ob'yzd. In the face of problems, from the bottom, suffer, for us, two undertakings - "Silvinit" and "VSMPO-Avisma". The very farm of the transshipment quantity of vicorist is used during the transportation of carnalite in the form of "Silvinita" "VSMPO-Avisma". If it is for Uralkali, then the company works successfully and without any detour. Moreover, їy navit vygіdnі problems of competitors, zokrema "Silvinita". To this, the minister did not particularly hasten to achieve “salary food” and lashed out at the resettled bereznikivtsiv from the unsafe zone.

So, maybe, Moscow would not have given respect to the transshipment road here in the distant Urals, as if not handing the head of Rosoboronexport Sergiy Chemezov. Oleg Chirkunov, who was to be friends with a Muscovite for more than an hour at the KDB, talked with his comrade about his problems with Yuri Petrovich. Sergiy Chemezov appeared smart and quickly knew the best food. Kerіvnik "Rosoboronexport" made a surprise to his friend and phoned you with an intriguing novelty: You will treat the cicava”.

Oleg Chirkunov is correct in his objections. On the 13th of the fall of the leaves at the meetings of the Presidential Council in Krasnoyarsk, the President of Russia, Volodymyr Putin, was vigilant in the order of the RZD WAT to seriously raise the problem of the life of the railway station in the bypass zone of the river in Berezniki. "It's necessary to take care of it, don't get hot," the president said. After that, everything went like clockwork. The help of the robot began. Vlad began to report regularly about passing around the sphere of everyday life. It appeared, Sergiy Chemezov knew pidkhid to Volodymyr Volodymyrovich and asked him to resolve the Berezniki situation.

The press service of the VAT "Uralkaliy" service "URA.Ru" about the situation with the accident at the mine was closed without comments. Representatives of the press service of the Ministry of Natural Resources of the Russian Federation reacted similarly. “It’s a pity, because of your inquiry about Yuri Trutnev, as the beneficiary of Uralkali, I can’t say anything else about it,” said Mikola Gudkov, the intercessor of the press service of the Ministry of Natural Resources of the Russian Federation.

Representatives of the press service of the governor of Prikam appeared to be more balaclava: “I want to respect that the program from the empty mortgage at Berezniki on this day has been reopened. For about 10 years, it was laid with 90% of the empty ore in the field. For the very same reason, Berezniki can practically guarantee that the land will not be destroyed. As for the cost of a transshipment bypass, then this business is needed no less than “Silvinit” and “VSMPO-Avismi”. Nearly a dozen enterprises have been zagaled at this gallery, ”the spokesperson for the press service said.

At the same time, a little bit of thought is reached by Anastasia Zhdanova, Anastasia Zhdanova, an analyst at BrokerCreditService. It confirms those who are within a 6-kilometer zaliznitsi, in pershu black, demand itself "Sіlvinіt" and "VSMPO-Avіsma". “The other companies didn’t care about anything. Obviously, in the Solіkamsko-Berezniki university there are still a lot of other factories. Ale stinks did not shy away from the daily business and did not threaten the delivery of their products. And Uralkali, naturally, only wins in the situation that has developed. He has no problems,” the expert added.

Dmitro Kamenyar and Valeriy Kogan

Dmytro Kamenshchik and Valeriy Kogan were told to recognize themselves as the rulers of the airport and to discuss the structure of the city This position was fully understood: due to the legislation that was at the time of the terrorist attack in the future in Domodedovo, the airport’s official was to blame for the safety of passengers on the object, which was to lie. The investigation, at its own discretion, is obliged to establish the authorities for the results of operational investigations and for additional recognition of accounting expertise.

How did they tell Kommersant from the TFR, investigating a criminal inquiry about "nevikonnanny could not afford transport security at the objects of transport infrastructure and transport security" (Article 263-1 of the Criminal Code of the Russian Federation), a damaged airport , followed by two straight lines.

One operative-investigative group rozroblyaє so called posadov, or militia warehouse terrorist attack and already deyshla deyakyh visnovkіv. So, for example, the investigation established that the suicide bomber Magomed Yevloev, who had blown a bomb at the airport and killed 37 people in this manner, could not want a "pekel machine" under his jacket, but carry it - when entering the hall, the profit of the militant is all one thing didn’t bother anyone. As can be seen from the footage from video cameras near the hall, at the moment the evil-doer passes through the street doors, a single guard of the transport police, which guarded the entrance, just got out of the post, to talk with the pretty tidying room of the hall. If the terrorists start to walk around the hall, when the most crowded places for vibukha are replaced, the policeman and zovsim kudis sign.

They appeared at the investigation of food and before the cynological service at the Domodedovo police department - even more virahuvati stuffed with vibukhivkoy Evloyev more quickly for any policeman, for a moment or training on a hexogen dog, the creatures in the defense hall did not come back.

Having already established the TFR, that the money on the morning of the police officer was regularly seen, and now the experts-financiers should be charged, that "dog" pennies were spent for confessions.

Як випливає з офіційного повідомлення СКР, його співробітники вже неодноразово допитали як підозрюваних звільнених після теракту колишнього начальника управління на транспорті МВС Росії по Центральному федеральному округу Андрія Алексєєва, екс-керівника ЛОВД Домодєдово Олександра Трушаніна та його екс-замовників Олександра Будцова та Олександра Дегтярьова. The ex-militiamen, as it seems to the TFR, may be brought to justice for the revealed lack of balance of the relocation of the townspeople, which was revealed in the idleness with the safety of the passengers.

For an hour, a friend of the next brigade was already dealing with a commercial aspect of a wickedness - they vvazhayut in the TFR that not only the policemen could have taken the tragedy, but also the airport’s guards, who were staying at the private authorities. Behind these evidence, we already know, for example, that the entrance to the hall at the time of the terrorist attack was interrupted by only one frame-metaloshukach, because due to the greatness of the number of entrances, it simply could not violate its function, and the passengers went around the structure. Let me tell you that at once Domodedovo has three frames installed on the skin entrance, and navit їх, as it is in the TFR, all one is not enough to pass the passenger traffic of the largest airport in Russia.

"The air terminal complex was not provided with the right control systems that looked at the passengers and looked at them, but on the face of it, the control did not change and was not systematically adjusted," the official notification of the TFR reads. The administration of Domodedovo, as it was established, did not care for the need to purchase security frames, vicarious renting the property.

Even more mentally, as if respecting the investigation, the robot of the aviation security service (SAB) was structurally included in the Domodedovo staff of practitioners. SPIVROTYVIV SAB did not go in mournful, Ale Tikh, hobo, having excluded on the Cherguvanni, їkhnnitre did not Zomil correctly organized: Okhonziv, yak Z'yasuvov, not bounced from them, hot , scho know the order. transport police.

Tsіkavo, that, judging by the recent surveys of the electronic documentation of the BAT "Domodedovo", it was consequently shown that the administration of the largest airport did not always win at its activity licensed computer programs. This situation, as it seems, the participants in the investigation, is not directly related to the safety of passengers, but indirectly to talk about the regime of a hard economy, in which entrepreneurship was practiced. And the very work of the lords of the undertakings to save on the possession of those personnel, as they are respected by the TFR, and have become a key problem, a tragedy has become possible.

[Izvestiya.Ru, 20.07.2011, "In Domodedovo airport, special services found counterfeit software": There are daily guarantees for the correct operation of the program for the management of the airport complex and air navigation, - Izvestia was told by the Bureau of Special Technical Entry of the MVS. - Vrіzanna K.ru]

If you try to try the TFR to know the authorities of Domodedovo, as they officially announced yesterday at the department, so far they turned out to be inconclusive. For the tribute of the TFR, they were supplemented, as if under suspicion, they hired top managers of the BAT "Domodedovo". Among them were Igor Borisov, director of the Russian representative office registered on the Isle of Men, an offshore company Airport Management Company Limited (AMCL), and his intercessor, V'yacheslav Nekrasov. In addition, Andriy Danilov, head of the aviation security service of ZAT Anatoliy Moiseev, gave a certificate from the head of the aviation security service at the airport ZAT "Airport Aviation Security Domodedovo".

Dmitro Kamenshchik, the head of the office of the airport, and his companion Valeriy Kogan, as if they were standing firm at the TFR, were less informed, like certificates, shards of insult were categorically advised to recognize their right of power to enter the enterprise. According to the TFR, the merchant’s offense, apparently, and appear like “Domodedovo Kamenyar”, who “position himself like a head for the sake of directors of the airport” and “Kogan”, who “position himself like a head for the sake of the airport”. According to the committee, Mr. Kamenshchik said that only a position for himself as an airport clerk was transferred to him by a contract with AMCL, but in fact, he was only a consultant of the representative office of the company in the Russian Federation. Show the contract and name the real officers of the airport certificates, having sent to st. 51 of the Constitution of the Russian Federation, which allows you not to give evidence against yourself. Pan Kogan, at his side, having moved not only to name his settlement, but to name that place of residence, motivating all those 51 articles. For the data of the investigation, the businessman is also considered a consultant of the AMCL representative office.

Movchannya fortune-telling lords in Domodedovo fully understood. On the right, in the fact that the authorities have been established by the investigation, the airport will automatically become suspected, and in the future - the main charges in the framework of the criminal justice system of transport security. As we see the status of sedate at the time of the introduction of the terrorist attack by the Federal Law of the Russian Federation of February 9, 2007 "On transport security", the owner of the enterprise himself is guilty of ensuring the safety of passengers at his facility. Vіdpovіdno up to paragraph 1 of Art. 4 of the law, "security of transport security of objects of transport infrastructure and transport security is relied on by the subjects of transport infrastructure, which is not otherwise established by the legislation of the Russian Federation." P. 9 Art. 1 of the same law, in its own right, designates that "subjects of the transport infrastructure are legal and physical individuals-owners of the objects of the transport infrastructure and transport services."

The TFR, with its own devilry, calls the experiment a tactful approach, but not a shock. "Okrіtuvannya svіdkіv we have at the disposal of financial and state expertise, as well as operational methods, which will help in the next hour to restore and attract to the level of the right authorities at the airport," the ICR said.

"In Russia, there were terrorist attacks in the subway, and in the living quarters, but within the framework of the violation of criminal certificates for these mischiefs, the metropolitan officials of the city of Moscow were not fed up," representatives of ZAT Domodedovo said. In my opinion, to bear responsibility for the failure to prevent a terrorist attack may be before the law enforcement officers, and the activity of the investigation of the businessmen of Kamenyar and Kogan at the airport is called "with a test of victorious attack as an important economic pressure on the government of the enterprise."

Geoffrey Galmond

Member for the sake of directors of IPOC, stating to the court that Reiman was guessing at the documents of the fund as an "economic beneficiary"

Reports about those that Minister Reiman became a beneficiary of the fund were leaked from the second half of the hour by the London taymniy radio (the highest appeal instance from civil superechok). These hearings ended in a disastrous IPOC - the new one did not lose the ability to sue for a blocking stake in MegaFon in the courts of British jurisdiction, and Alfa Group again took away the ability to order this package. Against the blow of IPOC, not only the judges, but also a member for the sake of IPOC directors, Swiss David Hausenstein, were ordered. "The moment has come, if the fund can no longer take on a huge position," - having found out the guilt of his relatives, given under the oath of the past day.

The board of directors of IPOC will not interfere with the fact that Geoffrey Galmond is the sole beneficiary of the fund, and Galmond's testimony, which is quite similar, "can create an unfavorable injury," according to Hausenstein's testimony, which may be The Wall Street Journal. Tim is no less, in the middle of Jeffrey Galmond, having clicked a press conference, announcing anew that he is the sole head of the IPOC fund, and publicly waving before the Minister of Information Technology Leonid Reiman for his partners, through judge. .

In his contacts, Hausenstein talks about those who, on one of Galmond's interviews with him in 2001. he named Leonid Reiman the economic beneficiary of the trust company Meridium. Hausenstein also redirected to the court the release of documents seized by the Liechtenstein police from Bank von Ernst and from the office of one of the law firms. At the interview, Galmond found out that the Danish law firm ruled in red in 2002. a list of up to one of the banks in Liechtenstein, in which Reiman is the last shareholder-beneficiary of IPOC, as well as the economic beneficiary of other companies controlled by Galmond. Ale tse bula pardon spіvrobіtnikіv, zapevnyaє lawyer.

We recount and certify a member for the sake of the directors of IPOC with the introduction of an internal memorandum, which, following the words of Galmond Reiman, was named the "economic beneficiary" of three different trust companies, which successfully established IPOC. True, Hausenstein added that he does not know for sure that Reiman is the head of the IPOC International Growth Fund Ltd.

The day before yesterday, Hausenstein confirmed that the London taemniy’s report was accurate, but also considered further comments. And at the same time, the court said that now the directors of IPOC are glad to be “afraid to seek legal assistance”.

“It’s impossible to call Geoffrey Galmond in this situation, having repeatedly confirmed that I’m not the beneficiary of IPOC and the company affiliated with him,” the press service of the Ministry of Information and Communications told Vidomosti about Leonid Reiman’s comments. - What is the cost of yoga spіvrobіtnikіv, then the head of the company - virishuvati nutrition with people, like zavodat reputation and solidity of the company, in such practice. Indeed, for the remaining three years, Galmond was sworn under the oath to IPOC and Reiman no less than five times, the stench made up a thousand stornok. (Wikipedia materials WSJ.)

Semyon Mogilevich is 59 years old, born in Kiev, graduated as an economist. For the tribute of law enforcement agencies, on the cob of the 1970s, ties with Luberetsky (currency), and later on from sontsivsky groupings. Two judges judged by Russia. 1990 I emigrated to Israel, then moved to the Ugrian region. Until 1992, becoming a citizen of Russia, Ukraine, Israel, Ugorshchina. In the mid-1990s, adding a piece to Inkombank. Perebuyut at the list of people, as if the FBI had been apprehended, for transferring the fate of the frauds with the shares of YBM Magnex International, Inc., as if it cost the company's investors $150 million. Have 1998-1999 rock. $10 billion passed through the bank of the Bank of New York, which Mogilevich was lying to, and the United States suspected that the stench went to finance the transport of drugs. According to reports from the National Institute of Justice (USA), Mogilevich has more control over night clubs in Budapest and Prague.

Uchora in an interview with the Financial Times Oleksandr Turchynov, a security service analyst of Ukraine, said that the SBU is investigating whether Semyon Mogilevich has indirect control over RosUkrEnergo. "The name of Mogilevich does not appear in the documents of the companies - the founders of RosUkrEnergo, but there are a lot of indirect statements about those who are low people, controlled by Mogilevich, can take part in the activities of the company." Press Secretary of the SBU Marina Ostapenko told Vedomosti that the SBU, investigating low criminal mischief in the oil and gas complex of the country, reviewed both the most and the least intermediaries in the hourly supply of Turkmen gas to Ukraine, including many of these evils groupings.

RosUkrEnergo is engaged in the transportation of Turkmen gas to Ukraine through the territory of Russia. "Gazprom" has been supplying all gas through intermediaries - directly through "Itera", then through Ugorskaya Eural TG, since 2004. - through RosUkrEnergo.

Later, Ukraine began to request Gazprom to transfer its share to RosUkrEnergo. It was not possible to get home, and Ukraine was violating the children. Oleksandr Turchynov said that the activities of Eural TG and RosUkrEnergo were accompanied by "the most serious evils", through which the budget was underpaid by over $ 1 billion, and because of the revealed facts, "low criminal rights were destroyed."

“The beautiful statement of the SBU is a signal that Ukraine can go all the way to its destination [transportation of Turkmen gas], go ahead and start a scandal, – like an expert of the Kiev Institute of Economic Research and Political Consulting. – The rise of the PR-fight did not come at the expense of either Ukraine or Russia.” “Ukraine is trying to press on Gazprom with such statements in order to gain its own preferences in the gas fields, but it is unlikely that such tactics can secure your success,” said a dzherelo in Gazprom. Gazprom and Raiffeisen Investment are convinced that Mogilevich cannot apply to RosUkrEnergo. Oleksandr Medvedev, the intercessor of the head of the board of Gazprom, told Vidomosti that Raiffeisen Investment is a nominal structure, and the right partners of Gazprombank in RosUkrEnergo can be several companies: "We are miraculously recognized, who is our partner at JV RosUkrEnergo."

The representative of Raiffeisen Investment, Wolfgang Puchek, called the calls of the SBU "unsubstantiated". It’s not like the ringing sounds better, but the SBU didn’t give any evidence, Puchek said.

It was not possible to get in touch with Mogilevich. Energy resources are one of Mogilevich's businesses, even if you know him well.

The press secretary of the Prime Minister of Ukraine, Vitaliy Chepinoga, did not comment on the words of the SBU chief, voicing that Yulia Tymoshenko had already stated that she was speaking out against the gas intermediaries.

Vadim Kleiner from Hermitage Capital Management is aware that Gazprom does not have a sense of the mother of an intermediary, who is engaged in business, which Gazprom itself can do. According to this estimate, the profit of RosUkrEnergo can only become $950 million and it is not clear why half of these revenues of "Gazprom" can be divided.

Oleg Deripaska

The only Vlassnik and final beneficiary of the aluminum concern "Rusal" and the key company "Bazovy Element" is entrepreneur Oleg Deripaska. Under the pressure of international investors, the largest aluminum producer in Russia has revealed the structure of power.

The European Bank for Reconstruction and Development (EBRD) and the International Finance Corporation (IFC) were lucky enough to give Rusal and Sual companies loans in the amount of $150 million for the implementation of the Komi Aluminum project. The total cost of the project is estimated at $1.2 billion.

The decision was made after Oleg Deripaska found out that he was the only head of the Rusal and Basic Element companies.

Earlier, IFC and EBRD agreed to finance Sualu for the expansion of the Middle-Timan family near Komi. Ale in April 2005 Sual handed over 50% of the project to Rusal. Following the IFC and EBRD, they were pleased that “the new structure of the power of partnership has become the essence of the first. loan agreement". The main debt payable to the credit for the Komi Aluminiy project was the regulation of the power structure of Rusal. The aluminum concern waited for the price of help.

The second investment institutes voted about those decisions about lending to the Komi aluminum project. IFC and EBRD see $75 million in terms of 9 years. The coins will be directed to the production of bauxite bottles at the Serednyo-Timansky birthplace and the alumina refinery in the Sosnogorsk region. EBRD and IFC are also considering the possibility of financing the upcoming stages of the project.

“Decision is an important crotch to the last pleasing to the refurbishment of cats. It was founded on total authority by Oleg Deripaska, Rusal's chief executive officer, and Basic Element, and conveyed praise to him of additional clearly defined goiters to promote transparency, good corporate governance and high business standards, which are worthy of "Rusal Element" ". Dotrimanya tsikh zobov'yazan is fixed in legal documents from EBRD and IFC”, - advise EBRD and IFC.

The joint press release of the EBRD and IFC called Oleg Deripaska the head of Rusal and Basel.

From a legal point of view, the term "vlasnik" means that Oleg Deripaska owns 100% of the shares of these companies - the same wine and the last beneficiary of the aluminum concern. “There are those who Oleg Deripaska is the only head of these assets. It’s possible, if Volodymyr is not blamed for them without a middle ground, but through the structures, but it’s all for you yourself, ”Valeriy Tutikhin, partner at the John Tyner and Partners law firm, explained to Gazeti.Ru.

“The press release was formed following consultations with lawyers, to which all the terms used are extremely accurate. The document does not say that Deripaska controls "Rusal" and "Basel", but the very term "Vlasnik" is used. “Rusal” and “Bazovy Element” belong to Oleg Deripastsi,” Gazeti.Ru told EBRD.

The Crimium for Disclosing Information about Rusal's Kintz Vlasnik praised the 18-month plan, which includes "a summary of the disclosure of corporate power, the publication of financial information, and specific measures to improve corporate governance." Zokrema, the order is being transferred to the company of three independent directors. Independent directors who may be recognized as such by the IFC and the EBRD, will be able to increase their membership in the committees, as a guardian of the audit, corporate management and other corporate nutrition. "Basel", at its discretion, will disclose information about the holding's investments and approve the code of ethics.

RUSAL's support was positively influenced by the decisions of the EBRD and IFC. “The participation of two leading lighting financial institutions in this project will allow the destruction of one of the most important strategic projects of the Russian aluminum galuzi – expansion of the water syrovine base,” said Oleksandr Buligin, CEO of the company. "I'm convinced that our first collaboration with the EBRD and IFC will create a good basis for partnership on the lowest level of new projects, both in Russia and abroad," the top manager added.

The experts of Gazetoyu.Ru were not surprised by the fact that Oleg Deripaska is the only head of Rusal and Basel. Razkrittya danih pro Vlasnik matima positive effect on the development of companies, upevneniya analytics.

“If Millhouse was selling a blocking stake in Rusal in 2003, everyone thought that Oleg Deripaska was the buyer for everything. However, official confirmations were not published, - respect Stanislav Kleshchov from ІК Financial Bridge. - Opening information about Vlasniks in the camp for companies a breakthrough.

Adzhe, "Basel" and earlier blamed the problems of the obtained loans in itself through the ambiguity of the team, who is the master of the law". According to V'yacheslav Zhabin, an analyst at BrokerCreditService, the fact that Oleg Deripaska is the sole manager of Rusal will not cause the company to place shares on the foreign exchange (IPO of Rusal, for unofficial information, scheduled for 2006). “I don’t give a damn about reasons for worrying,” the expert says. - Now Rusal can optimize the power structure. Numerical assets of the concern are rebuying from the crossroads of the Volodymyr. Such schemes are victorious for attracting final beneficiaries to business. Now consume in what you don’t have.”

Dzherela

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In 2016, the Federal Law of August 7, 2001 No. 115-FZ “On the prevention of legalization (removal) of income, the removal of malicious ways, and the financing of terrorism” (further - Law No. 115-FZ) was supplemented by Article 6.1. "Obov'yazki juridical person to disclose information about their beneficiaries" . Irrespective of those who, at the moment of the emergence of innovations in the ranks of the proyshov rіk, a lot of companies dosі did not work with vikonnannya tsikh obov'yazkіv. And in the meantime, ignoring the “anti-drug” law could lead to serious consequences. Penalties for damage are set to draconian. For the daily information about the beneficiary of the organization, you can threaten a fine of up to five million rubles. In the article, we describe the basic algorithms for robots and women, which can help to overcome negative consequences.

Who is the beneficiary vlasnik?

In para. 13 art. 3 Law No. 115-FZ gave a clear designation of the beneficiary. If the Vidmivanni Pre -Home, the crumbs of the blessing, PID Benifitsyan Roseman, the fіzichna of a person, yak with a rusty chi sirdovo (through the third osіb) volodil (a fate of the fate), the captila, the captilism is abstracted.

Before you see the house

Zgornuti Show

Physical individuals at a glance Law No. 115-FZ "volody" themselves on their own, as it has not been brought otherwise. Obviously, the phrase: “the beneficiary vlasnik ... of a physical person is respected by the person” calls out a smile, but the law itself is formulated in such an original rank.

Yak Bachimo, the legislator has left for the law enforcers an even wider field of activity. "Physics" can be recognized as a beneficiary both for one clear criterion (volume over 25% of the statutory capital), and for the abstract "ability to control the client's activities".

Capital control

The beneficiary volodinnya can be direct or indirect.

From direct citizens, everything was clearly understood: as a "physicist" of the Volodya, 25% of the shares (often in the statutory capital), wine is recognized as the beneficiary.

butt 1

Zgornuti Show

Shares in TOV "Romashka" include two individuals of 50% leather. Offending the stench will be recognized by the beneficiary vlasniks.

With indirect control, manage a little more. There are more options here.

butt 2

Zgornuti Show

Among the participants of TOV "Romashka" there is one physical person (50% in part) and two legal individuals, in the skin of them 25% each. However, 100% of the chasts in both legal persons are rebuyed by the authority of one physical individual. Obviously, the offense of "physicists", like before, є beneficiary vlasniks.

butt 3

Zgornuti Show

Possibly and folding variations of an indirect volodin, for example, fathers of chi opikuniv through an incomplete chi of an unskilled opikuvannya.

butt 4

Zgornuti Show

A group of relatives may be recognized by the beneficiaries, and the part of the skin of them may be less than the control value. The logic of time to dosit is simple - relatives can spit on each other, so they can fully exercise their rights.

Brothers Sidorov and jointly control 40% of the shares in the statutory capital of TOV "Romashka". Also, the stench can be recognized by the beneficiaries.

Zagal the procedure for appointing beneficiary vlasniks through direct intermediation of volunteers "often in business" intuitively understood. Enough to ask for more sound and call “the ability to control the client's”.

Other ways to control

Law No. 115-FZ does not provide criteria for which it would be possible to establish the possibility of control. Slip the svitlo on Tse Pitannya by asking the Rosfіnmonimoning in the іnformatye ravine “Typovi pyphanny, the federal law of the federal law of VD 08/07/2001 No. 115-ФЗ” about the opposition of Legaliza (vidmivanny), the frying of the crumbs, turyzumanema, and turyzumanema, the turovnama, the TERISMA.

At the thought of Rosfinmonitoring, to the beneficiaries of the Vlasniks, one can, first, osib, like to hug the stone plant, for example, the general director, members for the sake of directors of that government (directorate). Many individuals are laid down and praised, so that they may be able to invest in the decision made by the client. This category includes physical individuals, key companies and organizations.

butt 5

Zgornuti Show

Until the speech, the very same way pishov and legislator. If the organization, for whatever reason, cannot reveal the beneficiary, it can be recognized by the general director (subparagraph 2, paragraph 1, article 7 of Law No. 115-FZ).

In another way, you can name a person as a beneficiary, as you can win your own honor for the press on formal squires in the company. For example, the beneficiary can recognize the organization's clerk, as individuals, as on paper, as the company's masters. A lot of entrepreneurs are aware that you can arrange a business on water or protection, to help you get out of the darkness. Indeed, such a pidkhid is far from a panacea.

Thirdly, the beneficiary may be a person, as it is possible to contribute to the adoption of a decision through the native land or friendly friends with formal ker_vniki and vlasnik chasto at the statutory capital of the organization.

Vzagali, from a practical point of view, the concept of “beneficiary” is even close to the taxable “actual owner of income” (clause 2, article 7 of the Tax Code of the Russian Federation). Zreshtoy, itself through the classical nutrition “who takes the bag income?” that is designated as the beneficiary.

Who can install beneficiaries?

Vymoga about the establishment of beneficiary officials expands to all companies, regardless of the sphere of activity and organizational and legal form. Come on, the law does not separate commercial and non-commercial organizations. Which itself is wonderful. Aje for the appointed beneficiary - tse vigodonabuvach. To the one to whom the business brings income. To that, the way non-commercial organizations like this were wondrous. So, the founders of benevolent organizations through the whole of their creation theoretically do not blame anything to take the benefit of their activity. Prote the law at times of authority is not to be broken. Information can be collected by all legal entities, behind some insignificant blame.

It is not necessary to install beneficiaries (paragraphs 2-5 subparagraph 2 paragraph 1 article 7 of Law No. 115-FZ):

• regulations, yakі have vіdnі organіv sovereignї power and municipal power;
• sovereign corporations and organizations, such as the Russian Federation, subjects of the Russian Federation and municipalities may be entitled to over 50% of the shares (often) in capital. In times, the beneficiary is so obvious;
• issuer of valuable papers, admitted to the organization of trades, how to reveal information about the prices of papers. The data of the organization are included in the transfer, the stinks of the stink reveal the data in favor of other regulatory acts (as per the Federal Law of 22.04.1996 No. 39-FZ “On the market of valuable papers”);
• to foreign organizations, the number of papers of which have passed the procedure of listing on the foreign exchange, which must be entered before the transfer approved by the Bank of Russia. So, just like in the previous paragraph, the information about the establishment of beneficiary magistrates is included as a duplicate of the information about other laws.

Whom to remind?

Information about beneficiaries can be requested:

• Federal Tax Service (FNP of Russia);
• Federal Service for Financial Monitoring (Rosfinmonitoring).

The rules for submitting information were approved by the Decree of the Bureau of the Russian Federation dated July 31, 2017 No. 913 (hereinafter referred to as the Rules).

The request can be entered before the organization on paper electronically. At the same time, Rosfinmonitoring for the enforcement of requests in electronic form with a vicorous resource tax service. In practice, inquiries are made to sound in electronic form by channels for exchanging information with tributary organs.

The company can issue information about the beneficiaries of the tax authorities for a period of five working days from the day of the withdrawal of the request. The information is expected by the camp on the date specified in the request. Vidpovid is guilty of nadsilatisya these same channels, yakim bulo otrimano zap. With the withdrawal of electronic power supply, it can be not only through channels of interaction with the tributary organs, but also on a material carrier (flash drive or disk). You need a support sheet from the signature of the general director. Such a sheet is required to be submitted before carrying information and filing by courier, or send it by mail with a recommended sheet.

The suggestion will not be accepted, as follows:

• electronic notification does not correspond to the built-in structure and format;
• e-signature of an upgraded individual (otherwise the signature of an unupgraded individual costs);
• on the suppository list there is no signature of the upgraded individual;
• optical or digital nose is poshkodzhenno, through which it is impossible to read it in the same way (reading on the computer on a paper nose).

As a matter of fact, the notice is not accepted, after the withdrawal of the tax authority of the official notice, the company will have exactly three working days to make the correction and re-address the notice.

What to remind?

Nova st. 6.1 Law No. 115-FZ is called “Obligation of a legal entity to disclose information about its beneficiaries”. Vidpovidno to her company goiter:

• mothers in their order of information about their beneficiaries;
• regularly (at least once per day) update this information;
• collect information about the beneficiaries no less than five years from the day of the withdrawal;
• disclose information about the beneficiaries of the publicity (if required by law).

A list of statements about beneficiaries, who may be the company’s mother, is indicated in para. 2 sub. 1 p. 1 art. 7 Law No. 115-FZ. As a minimum, the following data about the beneficiary has been inserted:

• P.І.B., date of nationality, community, IPN;
• requisites of the document stating the name of the person;
• data of the migration card;
• data of the document confirming the right of a foreigner, or an individual without a bulk, to change (residence) in Russia;
• the address of the place of residence (registration) and the place of change.

The order of collection and the procedure for directing requests to beneficiaries is not regulated by legislation. This can be confirmed by internal documents of the company. It is also necessary to recognize the vouchers for the job.

Poshuk beneficiary

Also, the organization of the goiter is to live all the visits for the establishment of its beneficiary, and after the establishment, collect information about the new one and regularly update the data. Let's look, as if robiti, from the butt of the gospodar comrades.

In fact, the only way to collect data is to send letters of inquiry to persons who can be beneficiaries of the vlasniks. Zrozumіlo, the fact that the direction of the request from the addressee may be documented. To this, it is more likely to be supplemented with a recommended sheet with a description of the deposit or a courier service.

Beneficiary control capital

At the first stage, it is necessary for the robots to develop quiet skills, so that they can potentially be beneficiaries. Rosfinmonitoring encourages victors for any lawful information (clause 2.1 of the information sheet of Rosfinmonitoring dated March 18, 2009 No. 2 "On the procedure for enforcing the Federal Law dated August 07, 2001 No. 115-FZ"). For state partnerships, the main roles are ЄDRYUL (for TOV) and register of shareholders (for AT).

The company can show:

• physical conditions, which directly lead to over 25% of chastoks (shares);
• all (!) juridical, yakі є її participants (shareholders).

The first category of osib is automatically (through the law) entered into the list of beneficiaries. It is necessary to send a request to your address to confirm your status; At the address of physical houses, if there are less than 25% of shares (shares), we also recommend that you send a drink, even stinks can be found at your native vіdnosinakh, and also, their parts (shares) can be subsumed.

It is necessary to send a request to the address of another category of osib to clarify who is the statutory capital (Appendix 6). It is necessary to install an indirect volodinnya with a 25% package of shares (shares). Moreover, drink, from a glance, it is necessary to overpower them independently in the light of a part of the volodinnya of these legal ones. Even more, it is possible that a package of volodinnya can be “stocked up” from a large number of parts.

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The other stage is the process of taking away the evidence. For її results, the company can understand what it needs from directly distant purchases. Possibly, the organization takes away information about those who often have other companies in the statutory capital of a participant - a legal entity. And according to the law, for the identification of the beneficiary, it is necessary to go to the end of the lansy - to the physical individual.

Obviously, the legislator admits that organizations, like standing at the lance, inform the lower ones about all the lands, like knowing over them. The axis is only allowed to be allowed to act. To that, having taken away the notification from the clerk without a direct application to the beneficiary, they sent a request to the address of the organization, which was far away on the lansy of the volodinnya. And so it is necessary to drink the strengths of the doti, the docks will not be revealed by all the “physics” (otherwise, do not take the strengths yet).

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Varto signify that the obligation to provide information required to establish beneficiary officials is no longer with the companies of the first Lanka. Tobto on legal persons - participants in the company, as well as on persons, as a third rank of control (clause 5, article 6.1 of Law No. 115-FZ). Also, a participant in a participant can, in good conscience, ignore the request, as if the wine is not a special one, as a control company.

Beneficiary of victorious other ways of control

If the beneficiary controls the company not through voluntary shares (shares), then the mechanisms for the establishment are not too rich. So, as a matter of fact, as a matter of course, with capital control, it is necessary to send requests to possible beneficiaries of the authority. But christen the number of "candidates" from the beneficiaries richly folded. First, there are no single criteria for establishing such features. In a different way, the very fact that it is necessary to show them, showing on their exercise, will be left in the dark.

And now let's put some kind of food - what kind of general director (hiring a practitioner) is against the will of the individual, who actually controls the company? Tobto, against the will of the one who pays his salary?

It turns out that in this situation the company can reveal its beneficiaries in just one way - as the beneficiary himself declares to himself and explains the mechanism of his control. In fact, such situations happen often. Sound "out of the dark" when you enter into a contract with a bank, for example, when you make a loan. Obviously, this is how the decision on the inclusion of a beneficiary person to the Register of the organization itself is accepted.

Know. What did you give?

It is necessary not only to reveal the information, but to save it. Robiti is the easiest at the register of identified beneficiaries (Appendix 8). The form of such a register is dictated by the transfer of data about the beneficiary, which may be the mother of the company (subclause 1, clause 1, article 7 of Law No. 115-FZ).

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With which documents, on the basis of which the beneficiary volodinnya was inserted, it is also necessary to mold to the archival reference. Save them by stretching five years (Subclause 2, Clause 3, Article 6.1 of Law No. 115-FZ).

They didn't know. Punish?

To the quiet, who does not have information about their beneficiary vlasniks, the law is suvoriy. Pay fines for great companies. To pay a pіvmilionon just for those that the register of beneficiary vlasnikі in the company is not immediately filled, - "satisfaction" is sumnіvne.

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Article 14.25.1. Code of Administrative Offenses of the Russian Federation

Nevikonannia by the legal special overthrow of the way up, the onset, the zberganny is supplied about the own benefits of the authorities of the nobody of the native of their own beneficiaries, the vanity of the legislative of the federal federal federation

the burden of an administrative fine on the settlement fees at the rozmіrі vіd thirty thousand to forty thousand rubles; on legal - from one hundred thousand to five hundred thousand rubles.

It's easy to get lost. It would be better to immediately give an inquiry to Rosfinmonitoring for the Federal Tax Service of Russia. But what if the company could not take away information about government beneficiaries? How do you have a good vipadku?

Golovnya - show the controlling authorities that the company tried to collect the necessary information. Deisno, the law establishes obov'yazok to choose and save such information, but if you don't set it, you will not establish liability for other duties. Moreover, navit theoretical bond (clause 5, article 6.1 of the Federal Law of Law No. 115-FZ) expands less on the powerful participants in the organization and organization, as if they directly control, but we do not want to hang out with the sponsors of your founders.

Therefore, even if the organization was trying to, as a whole, it is possible to reveal its beneficiaries (and not all of them). The simplest situation is, if all the participants in the TOV are legal individuals, the prote lance doesn’t end on that, so the founders of the founders are also legal individuals. If the company of the first line (your participants) has confirmed you, then you can ignore the request of another line. Tim is bigger, as companies are registered in the country, registered abroad. Chi threaten you with a fine? Rosfinmonitoring cares what they don't.

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INFORMANINE OF ROSFINMONITURING “About the order of the ROZKRITTYA LEARERS OF INFORMATION OF THE BENEFICIARY VOUSED VIDPOVITE UN THE STATTI 6.1 Federal Law of VID 08/07/2001 No. 115-ФЗ”

Oddi, Yakshcho, is not able to arise her own beneficiaries of his accessible accessories in order to get up the Viddovіdni -Vidomosti Nyami, then there is a legal person, once, from a detonation of the sovereign Vladimir, a nadotati -seniorly. about their beneficiaries. Documents that confirm the life of visitors can be more important to ask the principals (other controlling persons) and confirm them.

In this way, if the organization could not collect data about its beneficiaries without fault, you can not be afraid of a fine. However, it will be necessary to confirm that the company has squandered everything that it looks like to deposit. As a matter of fact, having appointed Rosfinmonitoring, in fact, the only way to do this is to add postal receipts and descriptions of the deposit, which you confirm, which you can ask for at the address of possible beneficiaries.

Visnovok

The practice of attracting to the vіdpovіdalnostі for vіdsutnіst data about the beneficiary still cannot be called mass. And it’s not surprising, even if the legal acts, which signify the procedure for the interaction between the controlling bodies and legal persons, have become official only on September 18, 2017. (date of recruitment by the Rules). That, perhaps, because of the mass demands, the business will close up ahead of the advancing fate. I need to be prepared ahead of time, even after the termination of the request promptly (for five working days) to collect information about the beneficiaries of the organization simply could not be reached.

With the development of trade vіdnosin and pіdpriєmnitskoї іyalnostі z'yavlyaєєєєєєєєєєєєєєєєєєєєєєєєєєєєєє new terms, yakі signify the work of different people. But the greater part of them may have an impersonal meaning. For example, the understanding of the "beneficiary" is most often zastosovuyut to the quiet, who will take profits from the company or business, although I don't know exactly. Who is the beneficiary? What does the beneficiary do? Who has the right to bind the beneficiary?

Beneficiary - who is the meaning of the term

The concept of a beneficiary in France is similar to the word benefits, but the term itself is similar to the Latin beneficium. Tse means blessing and gain. The term wins over to trade activities, the same to corporate law.

Vigodonabuvach or beneficiary - tse person, yak otrimuє vіgod vіd svіd svіd dokumentіv. They can be legally pleasing, the right of the Volodin, the right of succession and that of many others. For his own sutty, the beneficiary is a human being, like a wealth of assets and values.

The beneficiary may be a legal person, as well as a physical person, as a result of the contract, lie in the same value.

The beneficiary's particularity is those who are not such as to be able to earn money at the moment. Vіn volodiє assets, mozhlivіstyu otrimati surpluses from the future, to that may all the lords of the companies chi kerіvniki є beneficiaries.

Ending beneficiary - who should you take?

Two terms, which are necessary to divide - the beneficiary-owner and the beneficiary-company, the stench can change at the same time. In another option, the firm is the beneficiary for the deputy, but at the next stages, but it acts as the one who is the seller of the rozrahunka under the letter of credit. Tse i є final beneficiary, who acts as the head of the company and may have all the rights of the Volodinnya.

Іsnuє system, for some kind of undertaking, you can attach a princely oberzhuvach for help. Tse dopomozhe transfer pennies to foreign rahunki and change the amount of taxes, like a master of business in the country. Ale zgіdno izgіdno іz the law of dаnі sprаzhny vlasnik firms mаyut but appointed pіd аn hour of registration rahunka in the jar, which is an acknowledgment on tsyu company. In the last year, the beneficiary will be the one on whom the bank account is registered.

Who is such a beneficiary-vlasnik and who can become him?

Let's make it understandable beneficiary-vlasnik - tse a person, as I take a part in the management of a legal entity, a company. Before them one can see the clerks or directors, who can hold at least 25% of the company's shares and can take decisions on the same level as the sergeant.

The beneficiaries-vlasniks can be:

1. Spadkoєmtsі, appointed at the order. The stench in the future will take over the management of power, but at the same time it will be the beneficiaries. As a matter of fact, they are all those who take away as a favor, at the time of the death of today's sergeant.
2. Landlords who rent their own property. You can be as unruly, and settled.
3. Vlasniki bankіvskogo rahunka, yakі mayut deposit that can take vіdsotki vіd their pennies.
4. Vlasniks of trust funds, as well as clients of trust organizations, who give their mayo in favor of another person.
5. Vlasniks of valuable papers, yak periodically give a surplus.
6. Private individuals, yakі get paid for the insurance policy.
7. Bezposeredno lords of the companies.

What are the rights and obligations of the beneficiary?

The beneficiary-vlasnik may obov'yazki and rights vydpovidno to the law, as well as agreements that fit with banks, credit organizations and partners.

• You can give yourself all the information in the relevant documents, as well as confirm the request of state authorities, as a way to control the work of the company. Tse help better bachiti, as a functioning company and bachiti right lords, control the payment of taxes.
• It is also necessary to give information to banking organizations, as if in their own hands, after the request of the state, they can completely oblige to give all the data to the sackmaster.
• The beneficiary has the right to freely dispose of his part in a legal person (part of the estate, company). Tse means that you can sell your share more often.
• Take away income from a part of the income from the company, which you can lay down. The amount is charged in advance of the agreement. Tse mozhe buti vіdsotok vіd income or specific amount shomіsyatsya.

Especially a lot of problems are caused by these undertakings, like a nominal sergeant. A lot of firms make a pseudo-cervical business, some designations for documents, its design of accounts for a bank, and the business itself is managed by our own people. For the law, everything can be framed correctly, to the fact that such a right is allowed, but the state authorities attach more respect to such firms. Tse s tim, scho є open space for shahraystvo.

For the same time, the time of laying the contracts with banks, contractors and partners, it will be necessary to submit the entire document document, which will show not only the official beneficiary, but also the last beneficiary, the company’s official clerk.