Monthly Archive: November 2011

In an interview with Secretary of State – Deputy Minister Yuri Voronin, “Vedomosti” newspaper said “… The pension compensates for at least 40% of the lost earnings – is the minimum set by the international standard. In 2010, we went to 38% …. If “… we came out in 2010 to 38%,” then why in 2012, wants to establish a military pension of 30% of the allowance? Incidentally, the federal civil servants appointed by the superannuation if the experience of public service at least 15 years of 45% of average earnings.

And for each completed year of service beyond 15 years of public service, it increases by 3%. The overall amount can not exceed 75% of their monthly earnings. The question is, why project developers are unwilling to fulfill the law of the Federal Law of 27 July 2004 N 79-FZ “On State Civil Service of the Russian Federation”, where Chapter 1, Article 6 states: “Military service – the kind of federal civil service …” And even more confusion is the desire to raise themselves high officials of the poor, the pensions of up to 95% of salary.

In connection with the circumstances, plaintiff appealed to the Court of Arbitration Perm region with a claim, to recover from the treasury of the Russian Federation through the Federal Tax Service of the Russian Federation of damages in the form of legal fees in the amount of 20,000 rubles. Arbitration Court Perm Region on 23.8.2010, the claims are satisfied. With the decision, the Inspectorate does not agree and believes that the court's findings do not correspond to the facts of the case. The reason for satisfaction of claims court's findings were:-between the defendant's misconduct and the plaintiff's damages arising from a cause-effect relationship, the size of losses incurred does not depend on the size of claims paid, the court does not output based on the correct application of substantive law. 1. According to Art.

15, 1083 of the Civil Code, Part 1, Art. 65 APC person claiming damages caused to him, must prove a violation by another person of his responsibilities (Performing an illegal act or omission), a causal connection between the violations and losses arising from the applicant, as well as the amount of damages. In addition, a person must prove that he accepts all possible measures to prevent (reduce) losses (The Federal Arbitration Court for the Central District case number A14-6351-2008/207/12 from 15.05.2009). The Court did not take into account that the plaintiff is not represented evidence that the Company has taken all necessary measures to reduce or prevent losses. Thus, in accordance with paragraph 6 of Article 100 of the Tax Code, a person in respect of whom tax audit (its representative) in If you disagree with the facts set forth in the act of a tax audit, as well as the conclusions and proposals of the inspectors within 15 days of receipt of a tax audit may provide the appropriate tax authority written objections to the specified act, in whole or in its individual provisions.

In 2008 was signed into law "On Amendments to Part I of the Civil Code and certain regulations of the Russian Federation ', which indicates that all limited liability companies must make serious changes in its founding documents. It does not follow that should immediately run to the registration authority and make changes. The bottom line is that, in accordance with Federal Law N 312-FZ of all these actions prescribed to produce 1 July 2009. An earlier date the Act simply does not provide. Nevertheless – it's time to take a closer look, what the pros and cons will bring us to this development. Immediately struck by replacement of the Memorandum of Agreement information will be contained in the Uniform State Register, and from that moment to show members of the Company in the Charter is not required. In other words – the first major document in the creation of a new company is the Treaty on the establishment. At Making further changes to compiled application with a notarized contract on alienation of shares or parts of it.

Further, changes were made and no such thing as' making a contribution to share capital. " Now will be considered as' payment for shares. " The nominal value of shares of the participants stated in the LLC Agreement of Association. Regarding the release party of the company – here the emphasis is on the fact of the Charter item on the right of exit Participant without the consent of the other LLC members. Otherwise, the party has the right to require other parties to buy out his share. In accordance with Law N 312-FZ of the Company shall maintain a list of members of society. Here shall provide information on all participants and their fractions, with the size of this share can be expressed as a sum of money, and on the basis of different criteria.

Also not allowed to exit from society members, which resulted in The Company is not participating. As for the assignment of shares of Company – see more radical changes. All transactions on the transfer of shares of the company are subject to compulsory certification of a notary form. Emphasized that without notarization of these deals are not valid. Have to work and notaries – in making sure these transactions are required within three days to pass a certified statement of Incorporation necessary documents. Summarizing this information, I would like to add that these innovations – like most of the innovations of our legislation – require a detailed and comprehensive study. If you feel insecure in their abilities – is recommend that you contact a lawyer, and it can be done without delay. Already, the Internet can find a number of organizations offering pre-designed necessary documents for re-registration LLC. To date, the cost of works is small enough. It is not excluded that further price rises, as in Moscow alone there are about a half-million company, and demand may go on increasing with all the attendant price effects. However – in fact it's not so bad, and this issue can be successfully solved a couple of weeks and on its own. It all depends on patience, and most importantly – your desires.