ORDER OF THE MINISTRY OF FINANCE OF THE RUSSIAN FEDERATION

of June 22, 2012 No. 87n

About approval of Administrative regulations of provision by the Federal Tax Service of the state service in state registration of legal entities, physical persons as individual entrepreneurs and peasant farms

According to part 1 of article 29 of the Federal Law of July 27, 2010 No. 210-FZ "About the organization of provision of the state and municipal services" (The Russian Federation Code, 2010, No. 31, Art. 4179; 2011, 27, of the Art. 3880) I order to No.:

1. Approve the enclosed Administrative regulations of provision by the Federal Tax Service of the state service in state registration of legal entities, physical persons as individual entrepreneurs and peasant farms.

2. To provide to the Federal Tax Service (M. V. Mishustin) accomplishment of Administrative regulations of provision by the Federal Tax Service of the state service in state registration of legal entities, physical persons as individual entrepreneurs and peasant farms.

Approved by the Order of the Ministry of Finance of the Russian Federation of June 22, 2012, No. 87n

Administrative regulations of provision by the Federal Tax Service of the state service in state registration of legal entities, physical persons as individual entrepreneurs and peasant farms

I. General provisions

Subject of regulation of Administrative regulations

1. The administrative regulations of provision by the Federal Tax Service (further - FNS of Russia) the state service in state registration of legal entities, physical persons as individual entrepreneurs and peasant farms are developed for the purpose of improvement of quality and availability of results of provision of the state service in state registration of legal entities, physical persons as individual entrepreneurs and peasant farms (further - the state service).

These Administrative regulations establish terms and the sequence of ministerial procedures (actions) of Inspectorates of the Federal Tax Service of Russia for areas, areas in the cities, to the cities without district division, Inspectorates of the Federal Tax Service of Russia of interdistrict level (further - inspections), and also determine order of interaction between structural divisions of inspections, their officials, order of interaction of inspections with public authorities and other bodies, physical persons and legal entities by provision of the state service.

Circle of applicants

2. By provision of the state service in state registration of legal entities by applicants the following physical persons can be:

the head of permanent executive body of the registered legal entity or the other person having the right without power of attorney to act on behalf of this legal entity;

the founder or founders of the legal entity during its creation;

the head of the legal entity acting as the founder of the registered legal entity;

the receiver or the head of liquidation commission (liquidator) in case of liquidation of the legal entity;

the other person who is acting on the basis of the power provided by the Federal Law, the act of the state body which is specially authorized on that or the act of local government body;

the member of society, the founder (participant) of the liquidated legal entity - the member of society, having the corporeal rights to its property or liability laws concerning this liquidated legal entity, the legal successor of the reorganized legal entity - the member of society, the testamentary executor and the notary (when entering into the Unified State Register of Legal Entities (further - the USRLE) the changes concerning transition of share or part of share in the authorized capital of limited liability company).

If the societies specified in paragraph seven of this Item the participant, the founder (participant) of the liquidated legal entity - the member of society, having the corporeal rights to its property or the obligatory rights concerning this liquidated legal entity, the legal successor of the reorganized legal entity - the member of society are legal entities, the head of permanent executive body of such legal entity or the other person having the right without power of attorney to act on behalf of such legal entity, and also the physical person which is acting on the basis of the power of attorney can be such applicant.

By provision of the state service in state registration of physical persons as individual entrepreneurs by the applicant the physical person addressing for state registration or registered as the individual entrepreneur can be.

By provision of the state service in state registration of peasant farm by the applicant the head of peasant farm is.

Requirements to procedure for informing on provision of the state service

3. Informing on provision of the state service by inspectorates is performed directly in inspections, with use of means of telephone communication, including phone answerphone, and also by means of placement provided by Items 4, of the 6 and 7 these Administrative regulations of data in the information and telecommunication Internet.

4. Information on the location, telephone numbers for enquiries and addresses of the official sites of FNS of Russia and the Departments of FNS of Russia for subjects of the Russian Federation on the information and telecommunication Internet is given in appendix No. 1 to these Administrative regulations.

Information on the location, telephone numbers for enquiries, e-mail addresses of inspections, including the structural divisions providing the state service is posted on the official sites of the Departments of FNS of Russia for subjects of the Russian Federation on the information and telecommunication Internet.

5. The state service is provided according to the following schedule (mode) of work of inspection:

Monday 9.00 - 18.00

Tuesday 9.00 - 18.00

The circle 9.00 - 18.00

Thursday 9.00 - 18.00

Friday 9.00 - 16.45

Saturday the day off

Sunday the day off.

According to the decision of the head of inspection the schedule (mode) of work of inspection can be changed, including taking into account climatic conditions of the territory, the schedule (mode) of public transport service. At the same time the number of hours provided for provision of the state service shall correspond to number of hours according to the schedule (mode) of work of inspections established by this Item.

6. Information on the schedule (mode) of work of inspection is provided on telephone numbers for enquiries of inspection, and also is posted on the official sites of FNS of Russia, the Departments of FNS of Russia for subjects of the Russian Federation on the information and telecommunication Internet and at the information stand before entrance to the inspection building.

7. On the information and telecommunication Internet on the official sites of FNS of Russia, the Departments of FNS of Russia for subjects of the Russian Federation and in the federal state information system "Single Portal of the State and Municipal Services (Functions)" (further - the single portal of the state and municipal services) extraction from the regulatory legal acts of the Russian Federation regulating questions of provision of the state service are placed, including these Administrative regulations (the complete version with appendices is posted on the official site of FNS of Russia on the information and telecommunication Internet), including:

about the exhaustive list of the documents necessary for provision of the state service, and requirements to execution of the specified documents;

about the term of provision of the state service;

about result of provision of the state service;

about the amount of the state tax collected for provision of the state service;

about the exhaustive list of the bases for suspension or refusal in provision of the state service;

about procedure for issue (direction) for the documents which are result of provision of the state service;

about requirements to procedure for informing on provision of the state service;

about the applicant's right to pre-judicial (extrajudicial) appeal of actions (failure to act) and the decisions made (performed) during provision of the state service;

the forms of statements (notifications, messages) used by provision of the state service.

8. At information stands in inspection, intended for documents acceptance, necessary for provision of the state service, take place:

information, stipulated in Item the 7th these Administrative regulations;

models of execution of statements (notifications, messages) used by provision of the state service;

information on the working schedule and accommodation of the federal government civil servants of inspection (further - specialists) performing acceptance (issue) of documents, and also informing on provision of the state service;

information on graphics of acceptance by the head (deputy managers) of inspection of applicants (their representatives).

9. Informing on provision of the state service is performed in case of the direct appeal of applicants (their representatives) to inspectorates or on telephone numbers for enquiries of inspections.

10. In case of the direct appeal of applicants (their representatives) to inspectorates for questions of informing on provision of the state service the maximum term of expectation in queue shall not exceed 15 minutes.

11. In case of responses to phone calls and oral addresses of applicants (their representatives) specialists in detail and in polite (correct) form inform addressed concerning provision of the state service. The response to phone call shall begin with information on the name of body in which the call, surname, name, middle name (in the presence) and positions of the specialist who received phone call arrived.

Time of conversation shall not exceed 10 minutes.

In case of impossibility of the specialist who received call to answer independently the questions posed the phone call shall be readdressed (is transferred) to the specialist having necessary information or the information on method of receipt of such information shall be provided.

12. Informing concerning provision of the state service is performed according to the schedule (mode) of work of inspection, stipulated in Item the 5th these Administrative regulations.

II. Standard of provision of the state service

Name of the state service

13. The state service in state registration of legal entities, physical persons as individual entrepreneurs and peasant farms.

The name of the federal executive body providing the state service

14. The state service in state registration is provided by inspections.

Participate in provision of the state service also the federal executive body performing functions on state registration of the rights to real estate and transactions with it, federal executive body on development and realization of state policy and normative legal regulation in the field of internal affairs, the federal executive body performing in accordance with the legislation of the Russian Federation law-enforcement functions on ensuring execution of the federal budget, cash servicing of execution of budgets of budget system of the Russian Federation, the Pension Fund of the Russian Federation (its territorial authorities) at which disposal the documents necessary for provision of the state service provided by Items 41 - 46.1 presents of Administrative regulations are.

Inspections by provision of the state service have no right to demand from the applicant of implementation of actions the, including approvals necessary for receipt of the state service and the receipts of services and receipt of documents and information provided as a result of provision of such services included in the lists specified regarding 1 article 9 of the Federal Law of July 27, 2010 to No. 210-FZ "About the organization of provision of the state and municipal services" connected with the appeal to other state bodies, local government bodies and the organizations, except for (The Russian Federation Code, 2010, No. 31, Art. 4179; 2011, No. 27, Art. 3880; No. 29, Art. 4291).

Description of result of provision of the state service

15. Provisions of the state service are result:

by provision of the state service in state registration of legal entities - the document confirming the fact of introduction of entry in the USRLE, one copy of constituent documents of the legal entity or the changes made to constituent documents of the legal entity with mark of inspection (in case of provision of the state service in state registration of the created legal entity, including by reorganization, or changes made to constituent documents of the legal entity);

by provision of the state service in state registration of physical persons as individual entrepreneurs and peasant farms - the document confirming the fact of entering of record into the Unified State Register of Private Entrepreneurs (further - the Unified State Register of Individual Entrepreneurs); the decision on refusal in state registration (in case of refusal in provision of the state service).

Term of provision of the state service

16. The term of provision of the state service (except for provisions of the state service in introduction of record about the beginning of the procedure of reorganization of the legal entity) shall not exceed five working days from the date of submission of documents to inspectorate.

The state service in introduction of record about the beginning of the procedure of reorganization of the legal entity (legal entities) is submitted no later than three working days from the date of submission of the notification on reorganization of the legal entity (legal entities) to inspectorate in time.

Decision making term about refusal in provision of the state service shall not exceed five working days from the date of submission of documents to inspectorate.

Date of submission of documents is day of their obtaining by inspectorate.

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