News
20.03.2019 Secondary liability

One of the functions of an LLC and a JSC is the limitation of founders’ (participants’ / shareholders’) liability to the amount of their contributions to the charter capital of the company.However, in some cases, such limitation ceases to work, and the founders along with the directors and other controlling persons will be liable for the company's debts. This type of liabilityis called secondary liability, which means the lability only if there is not enough assets of the company to pay off debts.

01.11.2018 Replacement of the administrative fine with the warning for the legal entities

If the company is not a small or medium-sized enterprise (hereinafter also SME), it should have a right to ask for the replacement of the administrative fine with the warning. This is the initiative of the Ministry of Economic Development of the Russian Federation (hereinafter also Ministry), which proposed to make amendments to the Code of the Russian Federation on Administrative Offenses (hereinafter also Code). The proposed law is on the stage of the Regulatory Impact Analysis now.

05.09.2018 The International Economic Sanctions Against Russia

In response to the economic sanctions imposed by the USA, the EU and other western partners, Russia has introduced its own counter-sanctions legislation.

23.08.2018 The economic sanctions against Russia continue to dominate headlines and hinder cooperation with foreign partners

The economic sanctions against Russia continue to dominate headlines and hinder cooperation with foreign partners. Mosgo&Partners’ associate Maria Belova prepared a presentation “The International Economic Sanctions Against Russia.

21.08.2018 Russian Subsidiaries of Foreign Groups of Companies: New Obligations Since 2018

Federal Law No. 340-FZ of 27 November 2017 introduced a number of amendments into the Tax Code of the Russian Federation (the Russian Tax Code) aimed at implementing the provisions on international automatic exchange of information between tax authorities of different countries under the Convention on Mutual Administrative Assistance in Tax Matters, Multilateral Competent Authority Agreement on Automatic Exchange of Financial Account Information and Multilateral Competent Authority Agreement on the Exchange of Country-by-Country Reports.

21.08.2018 Companies with Foreign Capital Will Be Able to Enjoy Benefits for Small and Medium Business Entities

Currently a Russian subsidiary of a foreign company is not regarded as a small or medium-sized enterprise (hereinafter also SME) in case the foreign participation in its authorized capital exceeds 49%. It means that a de-facto small or medium business entity is not entitled to enjoy the benefits granted to SMEs, i.e. special tax regimes, rare inspections, etc.

03.07.2018 Enforcement and recognition of foreign courts judgments

Mosgo & Partners’ managing partner Oleg Mosgo and associate Maria Belova have prepared an article for the journal “Arbitration practice” (No. 6), which deals with enforcement and recognition of foreign courts judgments.

02.07.2018 The legal fate of arbitration clauses under sanctions

Imposition of sanctions raised a question whether it is reasonable to refer a case to the European arbitration institutes.

28.05.2018 New Rules on Unjustified Tax Benefit

Starting from the early 2000s, the Russian tax authorities have been pursuing the following concept: even unless the law explicitly allows some activities, they can result in violation of law and subsequent additional charge of tax. The classic example is business operations involving shell companies.

25.05.2018 SARIA and Cherkizovo signed a Cooperation Agreement

The German SARIA group has signed a Cooperation Agreement with “Cherkizovo” – the largest meat producer in Russia. The Agreement was signed on the 24 May 2018 during the St. Petersburg International Economic Forum.