Analytics Publications Services to business owners

13
May
2016

Let's talk about the bankruptcy of individuals

In 2015, legislation on insolvency (bankruptcy) had taken a step towards the solution of pressing social problems. Of course, the main, and the most discussed, event was the introduction of the institution of bankruptcy of individuals. However, against the background of the general buzz around personal bankruptcy, few people noticed that the reforms also gave employees the right to apply for bankruptcy of their employer. For now, these innovations have not led to the expected socially significant consequences.
EZH-Yurist
13
May
2016

Factoring in state purchases – first the chairs, then the money

Despite the fact that factoring is not a new institution for the Russian legal system, it is still rarely used by Russian companies, while its use in the field of public procurement can be counted on the fingers of one hand, and in most cases it does not occur without litigation at the execution stage. We look into the reasons for this.
EZH-Yurist
28
April
2016

When are prices monopolistically too high?

Cases of monopolistically too high prices are one of the most difficult types of situations to deal with by anti-monopoly authorities. This is due to the presence of many practical difficulties, since the anti-monopoly authorities must assess the company’s pricing procedure and then make a decision as to whether it corresponds with the provisions of the Federal Law dated 26.07.2006 No. 135-FZ “On Protection of Competition” (hereinafter the “Law on Protection of Competition”). The situation is complicated by the fact that the Law on Protection of Competition contains only general rules for assessment of price levels, which often cause ambiguous interpretations in practice.
EZH-Yurist
15
April
2016

Protecting the rights of owners of registered book-entry registered securities by filing a claim vindication

Book-entry registered securities and stocks are of particular value for their owners by virtue of their representing large amounts of property, intellectual and corporate rights. For this reason, shares are often the subject to civil law transactions, which subsequently may end up being challenged by one of the parties, for whatever reasons. The problem of protection of the rights of owners of book entry registered securities is now extremely urgent, due to the development of civil law turnover and a significant volume of transactions involving shares.
Victor Petrov, Partner, Head of Litigation practice
Securities Market
26
February
2016

How to calculate fees for over-weight transport

Who should pay, and how much should be paid for vehicles weighing more than 12 tons? Is it possible to include such payments as operating expenses? What documents are needed? And what penalties await the violators? Details in this article.
Сollective of authors, VEGAS LEX
Uchet v stroitelstve (Accounting in the construction)
22
January
2016

How to rehabilitate “fictitious” transactions

Tax authorities are increasingly losing disputes in the courts, in cases involving alleged fictitious transactions. However, this is not preventing inspectors from interpreting the norms of the Tax Code of the RF in their own interests, thus denying taxpayers the right to obtain timely reimbursements of taxes from the budget. An example of one such case is presented by Igor Gusev, senior lawyer at the VEGAS LEX Law Firm.
Сollective of authors, VEGAS LEX
Tax disputes
3
December
2015

What to do with imputed bad faith

Using an additional charge of bad faith – is an old headache for many companies. Disputes involving such issues often turn into a contest of evidence presentation – the one presenting the most convincing evidence is the winner. Positive for payers examples from actual practice are presented by Senior lawyer at VEGAS LEX law firm.
Сollective of authors, VEGAS LEX
Tax disputes
24
November
2015

Law on CFCs

In 2015, the Federal Law dated 24 November 2014 No. 376-FZ “On Amendments to Parts One and Two of the Tax Code of the Russian Federation (regarding taxation of profits of controlled foreign companies and profits of foreign organizations)”, the so-called “Law on CFCs”. The essence of the adopted amendments amount to, in particular, the taxation of retained earnings of foreign companies (structures without legal entity status), owned and managed by Russian taxpayers. In addition, the Law on CFCs brings together other special rules to combat tax evasion (specific anti-avoidance rules – SAAR), such as the concept of the beneficial owner of income, tax residency of legal entities, as well as to counter indirect sales of immovable property.
10
November
2015

Legalization of conditions on making payments under a preliminary contract

The task was to recognize the validity of conditions, included in a preliminary contract, on making partial payments for a property. When it comes to sales transactions, then no particular problems should arise. However, if you have a special situation, you need to structure an advance payment and/or a security deposit, as well as ... this instruction.
Victor Petrov, Partner, Head of Litigation practice
Сorporate lawyer
21
October
2015

The practice of reviewing cases involving violations by state antimonopoly authorities and local self-government bodies

In this article, we review under which conditions state authorities and local authorities can be held accountable for the adoption of acts and the carrying out of actions that restrict competition. Analysed are the most common types of such violations, and the trends in judicial practice when considering these cases.
13
May
2016

Development of competition on socially significant markets

Against the backdrop of economic globalization and expansion of international trade resources, the powers of domestic antitrust authorities may not be sufficient to ensure the development and protection of competition, especially on cross-border markets. In this connection, of special importance is interstate cooperation on the basis of bilateral agreements, as well as within the framework of international organizations. In this article, we look at cooperation in the development of competition, carried out within the framework of the CIS and the EEU.
EZH-Yurist
29
April
2016

Coordination of actions as a tax trick

What actions of taxpayers are considered by inspectors as needing coordination? What arguments can be used to help fend off claims made by tax authorities? What will help a company to reduce its tax risks when concluding a contract?

Tax disputes
21
April
2016

RF Administrative Offences Code has expanded its sphere of action

Specific administrative sanctions provided for by Russian legislation, can now be freely applied to violations committed anywhere in the world. The innovations come into force starting on 20 March 2016 and relate to only one article of the Administrative Offences Code – 19.28, which provides for the liability of legal entities for corruption. Equally dramatic, although only clarifying changes can initiate far-reaching trends and create additional risks for businesses around the world.
Ilya Shengeliya, Compliance Counsel
EZH-Yurist
1
April
2016

CFC: amendments in 2016

Law No 32-FZ “On Amendments ...” was signed on 15 February 2016. Amendments were made to the RF Tax Code related to the taxation rules for controlled foreign companies (CFC), tax residency status of organizations, as well as the special characteristics of claiming tax benefits provided under international agreements on the avoidance of double taxation. The bulk of these amendments shall enter into force on 15 February 2016. Some rules, in particular those regulating the procedure to follow for confirmation, by foreign legal entities, of the right to use tax benefits, shall enter into force on 01 January 2017. Certain rules will apply retroactively to legal relations arising as 01 January 2015. We discuss these latest changes.

EZH-Yurist
5
February
2016

Law on PPP: new opportunities for infrastructure projects

On 01 January 2016, a new opportunity appeared for structuring infrastructure projects, when the Federal Law No. 224-FZ, dated 03.07.2015, “On public-private partnerships and municipal-private partnerships in the Russian Federation and the introduction of amendments to certain legislative acts of the Russian Federation” (hereinafter referred to as the “Law on PPP”) came into force. It was approved back in July 2015, and during the last six months became the focus of most participants in the infrastructure projects market, as well as all constituent entities of the Russian Federation, which by the middle of 2016 must bring their regional laws into compliance with this federal law. A key issue arising from the adoption of the new Law on PPP at the federal level – is how it will affect projects currently being implemented or planned for implementation in the future. Projects started before its adoption, based on regional laws on PPP, it is assumed will have to be restructured (to bring their agreement into line with the newly adopted law). The planned or already developed, but not yet started projects will need to be structured on the basis of the new law. To learn more about the future prospects and differences between PPP projects and projects under concession agreements, please read this report.
Business and Life
17
December
2015

Risks of going into bankruptcy

As a rule, the participants of economic relations, in the event of difficulties seek, as soon as possible, to free themselves from burdened assets, especially if such assets can bring significant risks in the future. Of no exception are also intangible assets in the form of shares in legal entities that, for whatever reasons, are burdened by debts payable to own contractors and the state budget. In such a situation, the company’s founders seek to get rid of their troubled assets for fear of possible liabilities for the obligations entered into by their company, in the event of a bankruptcy.
EZH-Yurist
2
December
2015

Certification of decisions made at meetings of business entities

Corporate law keeps developing, and more and more regulations are being added to it. Many relationships, which previously were outside of the legal field, are now regulated. In particular, the regulations of procedures for certification of decisions made at meetings of business entities. Like any new amendment, the initial implementation of these standards raises a number of questions, then the regulators provide explanations, and the situation is corrected. In this article, read about the main issues related to certification of decisions made at meetings of business entities.
Business and Life
10
November
2015

Bridging the gaps, but not all of them

Plenum of the Russian Supreme Court in its Decree No.45 prepared a detailed explanation as to which specific characteristics should be taken under consideration by arbitration courts, when reviewing cases concerning the insolvency (bankruptcy) of citizens.
EZH-Yurist
29
October
2015

4:0 in favour of the FAS?

The Federal Law dated 05 October 2015 No. 275-FZ “On Amendments to the Federal Law – On Protection of Competition and some legislative acts of the Russian Federation”, better known as the “fourth antimonopoly package”, introduces significant amendments to the antimonopoly legislation of the Russian Federation. Most of its provisions come into force on 05 January 2016. We analyse the most significant changes that are provided in this regulation.
EZH-Yurist
12
October
2015

Review of corporate disputes

In the first half of 2015, the Supreme Court of the Russian Federation gave plenty of attention to corporate law issues, which generally indicates the continuation of the activity by the Supreme Court stemming from the work of the Supreme Arbitration Court of the Russian Federation on the active development of Russian corporate law. Some of the disputes considered by the Supreme Court can be viewed as “precedent-setting” and affecting quite topical, at the moment, questions. These disputes are the subject of this review.
Joint Stock Company
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