The order of accreditation of the foreign legal entity affiliate in Russia.
The maximum term for which it is possible to open an affiliate in the Russian Federation is 5 years, a representative office – for 3 years. At that, the affiliate may be accredited for 1,2,3 years.
The affiliate of the foreign legal entity may be opened only under permission of accrediting body.
Accreditation is a confirmation of legality of the foreign legal entity activity on the territory of the Russian Federation. The State Registration Chamber of the Justice Department possesses a right to accredit organizations. The period of accreditation is 21 working days. If required, it can be cut to 7 days. There are two types of payments required by the law to pay for the state registration of the affiliate.
- The state duty for the affiliate accreditation is 120 000 roubles for each affiliate irrespective of the time of opening the affiliate. (sub-item 5, p.1, art.333.33 the Tax Coe of the Russian Federation)
- The registration fee of the State Registration Chamber of the Russian Federation for opening an affiliate for a period of 5 years – 60 000 roubles.
The registration services of the State Registration Chamber of the Russian Federation in shorter time cost 15 000 roubles.
The cost of registration includes: the services of issuing the affiliate accreditation certificate and the certificate of entry to consolidated state register; the services of issuing accreditation cards for employees, visa support services (the cost of state duty is paid separately).
The registration fees, collected by the State Registration Chamber of the Russian Federation, can be paid via bank transfer as well as in cash, in Russian roubles.
For the state accreditation of the affiliate the following documents should be transferred into the State Registration Chamber:
- Application on form of the State Registration Chamber of the Russian Federation.
- The extract from the trade register of the foreign legal entity country of origin or other document, confirming the fact of the foreign legal entity registration in accordance with the country legislation in the country of its’ location ( there should be the compulsory information on the identification number of the foreign company in this extract).
- The Articles of Association (the Memorandum of Assocation) of the foreign legal entity (or other registration document).
- The decision of the foreign legal entity of organizing an affiliate in the Russian Federation (The record of proceedings of board of directors, where the decision was made, serves usually as the decision of the authorized body of the foreign legal entity on opening an affiliate on the territory of the Russian Federation. But it is also necessary to take into account the peculiarities of the Chinese legislation. The decision of organizing an affiliate according to the law of China may look another way, but the sense does not change: the authorized body of the Chinese company makes the decision on organizing an affiliate on the territory of the Russian Federation. At drawing this document it is preferable to point out:
- in which city of the Russian Federation the foreign company plans to open its’ affiliate;
- the name of the future affiliate
- the period of the affiliate activity
- the head of the affiliate
- the confirmation of the affiliate statutes
6 The original and notarized copy of the statutes of the foreign legal entity affiliate
7 The letter of recommendation of the foreign bank, servicing the foreign legal entity, with the confirmation of its’ solvency (the document is valid during 6 months from the date of issue).
8 The notarized copy of the general power of attorney of the affiliate head of the foreign legal entity in the Russian Federation.
9 The notarized copy of the power of attorney of the authorized person to conduct the affairs in the State Registration Chamber of the Russian Federation, attested by notary (it should be presented, if the authorized attorney is not a head of the affiliate).
10 The information card of the foreign legal entity affiliate (on form of the State Registration Chamber).
The permit for opening an affiliate (the affiliate accreditation certificate) is processed usually for 21 working days from the moment of presenting the whole package of documents. As mentioned above, the time of issuing the permit can be cut to 7 working days.
The foreign documents can be accepted only with the authentic marks of the consular legalization or apostilled, unless the exemption from these procedures is provided by the international legislation of the Russian Federation, together with the translation into Russian, notarized or attested at the foreign consular institution.
After receiving these documents: the Affiliate Accreditation Certificate (the permit for opening an affiliate), the Certificate of Entry into the Consolidated Register, it is necessary to register with a tax authority.
The documents for the registration with a tax authority should be filed during 5 days following receipt of the Accreditation Certificate.
It is alsoequired to make a stamp, to open a bank account and inform the territorial branches of non-budgetary funds: the Pension Fund of the Russian Federation, the Social Insurance Fund and the Compulsory Medical Insurance Fund.
The foreign company affiliate accreditation services of “MarkPrior” company cost 41 000 roubles.
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