Екатерина Уцына
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Правительство РФ внесло в Госдуму законопроект, предусматривающий ряд поправок в законодательство о госрегистрации предпринимателей и юрлиц1. Предполагается, что поправки всупят в силу через полгода после официального опубликования соответствующего закона.
Одной из поправок предлагается увеличить срок, в течение которого организации и предприниматели должны уведомлять регистрирующий орган об изменении сведений, содержащихся в соответствующем госреестре. В настоящее время сообщить об изменении сведений нужно в течение трех рабочих дней (п. 5 ст. 5 Федерального закона от 8 августа 2001 г. № 129-ФЗ). Законодатель намерен предоставить для этой процедуры семь рабочих дней.
Также законопроектом устанавливаются случаи, в которых регистрирующий орган самостоятельно, т. е. без участия юрлица вносит изменения в госреестр. Например, если в ЕГРЮЛ были внесены изменения в наименование юрлица, то регистрирующий орган самостоятельно, т. е. без участия организации, актуализирует в госреестре сведения о наименовании такого юрлица в составе сведений об иных юрлицах, где он является участником или лицом, имеющим право действовать без доверенности, или держателем реестра акционеров.
Аналогичный порядок предусмотрен и в случае внесения сведений о реорганизации компании в форме слияния или присоединения, которая является единственным учредителем или участником другого юрлица, либо преобразования. И в этом случае изменения в сведения о правопреемнике вносятся регистрирующим органом самостоятельно.
Помимо этого без участия юрлица предлагается вносить сведения об организационно-правовой форме, способе создания, правопреемстве, способе прекращения юрлица, о реорганизации или ликвидации организации и другие.
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1 С текстом законопроекта № 913384-7 «О внесении изменений в статью 5 Федерального закона «О государственной регистрации юридических лиц и индивидуальных предпринимателей» и материалами к нему можно ознакомиться на официальном сайте Госдумы.
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