It is registered
Ministry of Justice
Russian Federation
On April 12, 2024 No. 77854
of December 11, 2023 No. 873
About approval of Administrative regulations of the Ministry of Economic Development of the Russian Federation on provision of the state Service "Issue of the Conclusion about Financial Security of the Legal Entity, the Individual Entrepreneur, Applying for Acquisition of Separate Production Facility, or the Legal Entity Who Is the Legal Successor of the Reorganized Legal Person Who Belongs Separate Production Facility"
According to part 1 of article 13 of the Federal Law of July 27, 2010 No. 210-FZ "About the organization of provision of the state and municipal services", Item 2 of the order of the Government of the Russian Federation of May 31, 2023 No. 880 "About procedure for determination of financial security of the legal entity, individual entrepreneur, applying for acquisition of separate production facility, or the legal entity who is the legal successor of the reorganized legal person who belongs separate production facility, and about the federal executive body authorized on receipt of data on the transaction and documents in case stipulated in Item the 11th article 56.1 of the Federal law "About Environmental Protection", and on the direction of the notification on such transaction", Item 2 of Rules of development and approval of administrative regulations of provision of the state services approved by the order of the Government of the Russian Federation of July 20, 2021 No. 1228 <1>, I order:
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<1> Item 2 of the order of the Government of the Russian Federation of October 14, 2023 No. 1706 "About features of development, approval, conducting examination and approval of administrative regulations of provision of the state services in 2024 and 2025, including without use of the federal state information system providing maintaining the federal register of the state services".
1. Approve the enclosed Administrative regulations of the Ministry of Economic Development of the Russian Federation on provision of the state Service "Issue of the Conclusion about Financial Security of the Legal Entity, the Individual Entrepreneur, Applying for Acquisition of Separate Production Facility, or the Legal Entity Who Is the Legal Successor of the Reorganized Legal Person Who Belongs Separate Production Facility".
2. This order is effective till September 1, 2029.
Minister
M. G. Reshetnikov
Approved by the Order of the Ministry of Economic Development of the Russian Federation of December 11, 2023, No. 873
1. These Administrative regulations establish procedure and the standard of provision of the state Service "Issue of the Conclusion about Financial Security of the Legal Entity, the Individual Entrepreneur, Applying for Acquisition of Separate Production Facility, or the Legal Entity Who Is the Legal Successor of the Reorganized Legal Person Who Belongs Separate Production Facility" (further - Service).
2. The service is provided to the individual entrepreneurs, legal entities (further - applicants) specified in the table 1 of appendix No. 1 to these Administrative regulations.
3. The service shall be provided to the applicant according to Service provision option (further - option).
4. The option is determined according to the table 2 of appendix No. 1 to these Administrative regulations proceeding from general signs of the applicant, and also from result of provision of Service for which provision the applicant addressed.
5. Signs of the applicant are determined by the questioning which is carried out by the body providing Service (further - profiling) <2>, performed according to these Administrative regulations.
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<2> The subitem "v" of Item 10 of Rules of development and approval of administrative regulations of provision of the state services approved by the order of the Government of the Russian Federation of July 20, 2021 No. 1228.
6. Issue of the conclusion about financial security of the legal entity, the individual entrepreneur, applying for acquisition of separate production facility, or the legal entity who is the legal successor of the reorganized legal person who belongs separate production facility (further - the conclusion).
7. The service is provided by the Ministry of Economic Development of the Russian Federation (further - Authority).
8. Provision of Service in the multipurpose centers of provision of the state and municipal services (further - MFTs) is performed in the presence of the agreement with such MFTs.
9. MFTs in which Service provision will be organized cannot make the decision on refusal in reception of an application on Service provision (further - the statement) and documents and (or) information necessary for its provision, or on refusal in Service provision.
10. In case of the request of the applicant for issue of the conclusion the conclusion (the paper document, the electronic document) according to the form provided by the paragraph third item 4 of the order of the Government of the Russian Federation of May 31, 2023 No. 880 "About procedure for determination of financial security of the legal entity, individual entrepreneur, applying for acquisition of separate production facility, or the legal entity who is the legal successor of the reorganized legal person who belongs separate production facility and about the federal executive body authorized on receipt of data on the transaction and documents in case stipulated in Item the 11th article 56.1 of the Federal law "About Environmental Protection", and on the direction of the notification on such transaction is result of provision of Service" (further - the resolution No. 880).
Forming of the register entry as result of provision of Service is not provided.
The document containing the decision on Service provision is not provided by these Administrative regulations.
11. In case of the request of the applicant for correction of the typographical errors and (or) mistakes made as a result of Service provision, results of provision of Service are:
the corrected conclusion (the paper document, the electronic document);
the non-availability notice of typographical errors and (or) error messages in given as a result of Service provision documents (the paper document, the electronic document).
Forming of the register entry as result of provision of Service is not provided.
The document containing the decision on Service provision is not provided by these Administrative regulations.
12. Results of provision of Service can be received by means of mail service, in MFTs, in Authority, by means of the federal state information system "Single Portal of the State and Municipal Services (Functions)" <3> (further - the Single portal).
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<3> Item 1 of the Regulations on the federal state information system "Single Portal of the State and Municipal Services (Functions)" approved by the order of the Government of the Russian Federation of October 24, 2011 No. 861.
13. The maximum term of provision of Service constitutes 20 working days from the date of the registration of a statement and documents necessary for Service provision, in Authority.
The term of provision of Service is determined for each option and is specified in their description containing in the Section III of these Administrative regulations.
14. The list of the regulatory legal acts regulating Service provision, information on procedure for pre-judicial (extrajudicial) appeal of decisions and actions (failure to act) of Authority, and also on officials, government employees, employees of Authority are posted on the official site of Authority on the Internet (further - Internet network), and also on the Single portal.
15. The exhaustive list of the documents necessary according to legislative or other regulatory legal acts for Service provision which the applicant shall provide independently:
a) the documents confirming data on availability (absence) for date of filing of application at the applicant of overdue debt according to obligations, the Rules of determination of financial security of the legal entity, individual entrepreneur except for provided by the subitem "i" of Item 3 applying for acquisition of separate production facility, or the legal entity who is the legal successor of the reorganized legal person who belongs separate production facility approved by the resolution No. 880 (further - Rules) (the original or the copy);
b) the documents confirming data on the transaction on acquisition of separate production facility (the original or the copy);
c) identity documents of the applicant (original document) (it is not required in case of filing of application by means of the Single portal):
passport of the citizen of the Russian Federation;
other identity document of the citizen of the Russian Federation in accordance with the legislation of the Russian Federation;
d) identity documents of the representative of the applicant (original document) (it is not required in case of filing of application by means of the Single portal):
passport of the citizen of the Russian Federation;
other identity document of the citizen of the Russian Federation in accordance with the legislation of the Russian Federation;
e) the document confirming powers of the representative of the applicant:
the power of attorney confirming powers of the representative of the applicant (the original or the copy, is not required in case of filing of application by means of the Single portal);
notarized specimen signatures of the representative of the applicant and impress of a seal of the individual entrepreneur (in the presence) (original or copy);
notarized specimen signatures of the representative of the applicant and impress of a seal of the legal entity (in the presence) (original or copy);
e) the actions plan on prevention and liquidation of environmental pollution as a result of operation of separate production facility, stipulated in Item 2 Articles 56.1 and No. 7-FZ approved according to the paragraph third Item 1 of article 56.2 of the Federal Law of January 10, 2002 "About environmental protection" (further respectively - the actions plan, the Federal Law "About Environmental Protection");
g) the documents confirming availability of financial provision of the legal entity, individual entrepreneur, applying for acquisition of separate production facility, or the legal entity who is the legal successor of the reorganized legal person who belongs separate production facility (in the presence) (the original or the copy);
h) the documents confirming data on the level of credit rating of the applicant (in the presence) (the original or the copy);
i) calculation of the relation of net debt (the cumulative size of short-term and long-term debt less highly liquid assets) to profit amount to deduction of expenses on interest payment, taxes, depreciation and charged depreciation (EBITDA) (in the presence) (the original or the copy);
j) calculation of share of assets which are provided with own means, in the total amount of assets (in the presence) (the original or the copy);
k) the documents concerning shareholders (participants) and affiliates of the applicant:
the statement from the shareholder register (participants) of the applicant - the legal entity or the legal successor of the reorganized legal entity, containing information on persons owning more than 20 percent of shares (share in the authorized capital) of the legal entity or legal successor of the legal entity as of date of corresponding changes in shareholding structure (participants) of the legal entities owning more than 20 percent of shares (share in the authorized capital) of the applicant - the legal entity or the legal successor of the reorganized legal entity (for legal entities who are created in the form of joint-stock companies and in accordance with the legislation of the Russian Federation shall not open information on affiliates in the form of the list of affiliates, and also for legal entities, 50 percent of shares (share in the authorized capital) of which are in property of the Russian Federation);
the statement from the shareholder register (participants) of the applicant - the legal entity or the legal successor of the reorganized legal entity, containing information on persons owning more than 20 percent of shares (share in the authorized capital) of the legal entity or legal successor of the legal entity as of date no later than 30 calendar days about day of filing of application in Authority;
the list of affiliates of the applicant - the legal entity or the legal successor of the reorganized legal entity as of end date of the accounting period (quarter) preceding date of filing of application;
data on the changes which happened in the list of affiliates of the applicant (for legal entities who in accordance with the legislation of the Russian Federation shall open information on affiliates in the form of the list of affiliates);
l) the documents containing data on reorganization of the legal entity (the original or the copy).
16. The exhaustive list of the documents necessary according to legislative or other regulatory legal acts of the Russian Federation for Service provision which the applicant has the right to provide on own initiative:
a) financial and payment documents (original or copy):
annual accounting (financial) accounts in the year preceding year of the address with the statement to Authority;
intermediate accounting (financial) records of the applicant (if the obligation of its creation is established in accordance with the legislation of the Russian Federation) on the last reporting date preceding date of the address with the statement to Authority;
audit opinion about reliability of annual accounting (financial) accounts of the applicant in the year preceding year of the address with the statement to Authority (if the annual accounting (financial) accounts are subject to statutory audit);
b) documents, confirmatory that the applicant is tax resident of the Russian Federation, - the document confirming the status of the tax resident of the Russian Federation (the original or the copy);
c) the document confirming data on availability (absence) for date of filing of application at the applicant of unexecuted obligation on tax payment, charges, the insurance premiums, penalty fee, penalties and percent which are subject to payment in accordance with the legislation of the Russian Federation about taxes and fees (the original or the copy);
d) the documents confirming state registration of a person as an individual entrepreneur - the extract from the Unified State Register of Legal Entities and Individual Entrepreneurs (the original or the copy);
e) the documents confirming state registration of the legal entity (the original or the copy):
extract from the Unified State Register of Legal Entities;
constituent documents.
17. Representation by the applicant of the documents provided in this subsection and also statements is performed by the mailing with the announced value in case of its transfer with the inventory of investment, in MFTs, in Authority, by means of the Single portal.
In case of submission of the statement by means of the Single portal of power of the representative of the applicant can be confirmed through platform of powers of the Single portal.
18. The bases for refusal in documents acceptance, necessary for Service provision, are not provided.
19. The bases for suspension of provision of Service are not provided by the legislation of the Russian Federation.
20. The authority refuses to the applicant provision of Service in the presence of the following bases:
a) lack of the data and documents provided by Items 3 and 4 of Rules (further - Data and Documents);
b) discrepancy of Data and Documents to the requirements established by the legislation of the Russian Federation including provided by Items 7 - 10 Rules.
21. Collection of the state fee or other payment for Service provision by the legislation of the Russian Federation is not provided.
22. The maximum term of expectation in queue in case of filing of application constitutes 15 minutes.
23. The maximum term of expectation in queue in case of receipt of result of Service constitutes 15 minutes.
24. The term of registration of a statement and the documents necessary for Service provision, in Authority constitutes 1 working day from the date of the filing of application and documents necessary for Service provision, in Authority.
Registration of a statement and the documents necessary for Service provision, on the Single portal is performed in the automatic mode in day of filing of application and the documents necessary for Service provision, on the Single portal.
25. Rooms in which the Service is provided shall conform to the following requirements:
a) places of acceptance of applicants and waiting rooms are equipped with the information displays providing information on procedure for provision of Service (including broadcast of the videos explaining procedure for provision of Service), and also regulating flow of electronic queue;
b) sound, visual, and also graphical information, the concerning Service provisions, are duplicated by the signs executed by relief and dot font of Braille;
c) waiting rooms are equipped with places for document creation (tables (racks) with office supplies) and models of filling of documents, and also chairs (chairs, benches, benches);
d) the stands containing information on procedure for provision of Service, including on Service provision options, and also information on the location, the working schedule, telephone numbers for enquiries, numbers of phones answerphones (in the presence), addresses of the official sites in Internet network and also e-mail of the divisions providing Service (in the presence) are indoors provided;
e) the entrance to rooms in which the Service is provided is equipped with ramps, hand-rail, the tactile (contrast) warning elements and other special devices allowing to provide easy access and movement of disabled people, in accordance with the legislation of the Russian Federation about social protection of disabled people;
e) conditions of availability to disabled people of objects and the provided services in the field of work, employment and social protection of the population, and also rendering are provided to them at the same time to necessary assistance according to the procedure, No. 527n approved by the order of the Ministry of Labour and Social Protection of the Russian Federation of July 30, 2015 "About approval of the Procedure for providing conditions of availability to disabled people of objects and the provided services in the field of work, employment and social protection of the population, and also rendering with it at the same time to necessary assistance" (registration No. 38897) is registered by the Ministry of Justice of the Russian Federation on September 17, 2015, with the changes made by the order of Ministry of Labor of Russia of December 15, 2022 No. 782n (registration No. 72478) is registered by the Ministry of Justice of the Russian Federation on March 1, 2023.
26. Treat indicators of availability of provision of Service:
a) favor of the room in which acceptance, issue of documents in zone of availability of public transport is conducted;
b) availability of the official site of Authority in Internet network with the placed information on procedure for provision of Service;
c) favor of Authority in availability zone from the main thoroughfares;
d) possibility of the choice by the applicant of form of the request for provision of Service in Authority (by means of mail service, through information and communication systems and networks);
e) possibility of receipt of result of provision of Service in the document form on paper or in electronic form.
27. Indicator of quality of provision of Service is lack of violations of fixed terms in the course of Service provision, provision of Service according to Service provision option.
28. Services which are necessary and obligatory for Service provision the legislation of the Russian Federation are not provided.
29. The information system used for Service provision - the Single portal.
30. In case of the request of the applicant for issue of the conclusion the Service is provided according to the following options:
Option 1: the individual entrepreneur applying for acquisition of separate production facility on behalf of which the representative by proxy, in the presence of the actions plan addressed;
Option 2: the individual entrepreneur applying for acquisition of separate production facility, addressed personally in the presence of the actions plan;
Option 3: the legal entity applying for acquisition of separate production facility on behalf of which the representative by proxy addressed is available for the applicant the credit rating corresponding to Item 7 of Rules;
Option 4: the legal entity applying for acquisition of separate production facility on behalf of which the representative by proxy addressed at the applicant is absent the credit rating specified in Item 7 of Rules in the absence of the actions plan;
Option 5: the legal entity applying for acquisition of separate production facility on behalf of which the representative by proxy addressed at the applicant is absent the credit rating specified in Item 7 of Rules in the presence of the actions plan;
Option 6: the legal entity applying for acquisition of separate production facility, on behalf of which person having the right to act on behalf of the legal entity without power of attorney at, of the applicant addressed there is credit rating corresponding to Item 7 of Rules;
Option 7: the legal entity applying for acquisition of separate production facility on behalf of which person having the right to act on behalf of the legal entity without power of attorney at the applicant addressed is absent the credit rating specified in Item 7 of Rules in the absence of the actions plan;
Option 8: the legal entity applying for acquisition of separate production facility on behalf of which person having the right to act on behalf of the legal entity without power of attorney at the applicant addressed is absent the credit rating specified in Item 7 of Rules in the presence of the actions plan;
Option 9: the legal entity who is the legal successor of the reorganized legal person who belongs separate production facility on behalf of which the representative by proxy addressed is available for the applicant the credit rating corresponding to Item 7 of Rules;
Option 10: the legal entity who is the legal successor of the reorganized legal person who belongs separate production facility on behalf of which the representative by proxy addressed at the applicant is absent the credit rating specified in Item 7 of Rules in the absence of the actions plan;
Option 11: the legal entity who is the legal successor of the reorganized legal person who belongs separate production facility on behalf of which the representative by proxy addressed at the applicant is absent the credit rating specified in Item 7 of Rules in the presence of the actions plan;
Option 12: the legal entity who is the legal successor of the reorganized legal person who belongs separate production facility, on behalf of which person having the right to act on behalf of the legal entity without power of attorney at, of the applicant addressed there is credit rating corresponding to Item 7 of Rules;
Option 13: the legal entity who is the legal successor of the reorganized legal person who belongs separate production facility on behalf of which person having the right to act on behalf of the legal entity without power of attorney at the applicant addressed is absent the credit rating specified in Item 7 of Rules in the absence of the actions plan;
Option 14: the legal entity who is the legal successor of the reorganized legal person who belongs separate production facility on behalf of which person having the right to act on behalf of the legal entity without power of attorney at the applicant addressed is absent the credit rating specified in Item 7 of Rules in the presence of the actions plan.
31. In case of the request of the applicant for correction of the typographical errors and (or) mistakes made as a result of Service provision, the Service is provided according to the following options:
Option 15: the individual entrepreneur on behalf of whom the representative by proxy addressed;
Option 16: the individual entrepreneur who addressed personally;
Option 17: the legal entity on behalf of whom the representative by proxy addressed;
Option 18: the legal entity on behalf of whom person having the right to act on behalf of the legal entity without power of attorney addressed.
32. The possibility of leaving of the statement without consideration is not provided.
33. The option is determined by questioning of the applicant in the course of which the result of Service for which provision he addressed, and also the applicant's signs is established. The questions directed to determination of signs of the applicant are given in the table 2 of appendix No. 1 to these Administrative regulations.
Profiling is performed by means of the Single portal, in Authority, in MFTs.
34. By results of receipt of answers from the applicant to questions of questioning the complete list of combinations of values of the signs of the applicant given in the table 2 of appendix No. 1 to these Administrative regulations is determined, each of which corresponds to one option.
35. The descriptions of options provided in this Section are placed Authority in the place, public for acquaintance.
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