Екатерина Чернявская
Эта информация пригодится адвокатам, осуществляющим от имени клиента следующие операции:
сделки с недвижимостью; управление денежными средствами, ценными бумагами или иным имуществом клиента; управление банковскими счетами или счетами ценных бумаг; привлечение денежных средств для создания организаций; обеспечение деятельности организаций или управление ими; создание организаций, обеспечение их деятельности или управление ими, а также купля-продажа организаций.
Напомним, такие адвокаты обязаны идентифицировать клиента в рамках борьбы с отмыванием денег и финансированием терроризма, для чего и нужно ознакомиться с перечнем. Если выяснится, что клиент адвоката может быть причастен к этим преступлениям, адвокат должен уведомить об этом Росфинмониторинг (п. 2 ст. 7.1. Федерального закона от 7 августа 2001 г. № 115-ФЗ «О противодействии легализации (отмыванию) доходов, полученных преступным путем, и финансированию терроризма»).
Обязаны ли адвокаты предоставлять налоговому органу документы со сведениями о клиентах? Ответ – в «Энциклопедии судебной практики. Налоговый кодекс РФ» интернет-версии системы ГАРАНТ. Получите полный доступ на 3 дня бесплатно!
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Росфинмониторинг пояснил, что адвокат может получить такую информацию только через личный кабинет на официальном сайте ведомства и рассказал, что нужно сделать для его подключения(информационное письмо Росфинмониторинга от 25 ноября 2016 г. «О необходимости подключения адвокатов к Личному кабинету на официальном сайте Федеральной службы по финансовому мониторингу»).
Регистрация в личном кабинете возможна как с использованием усиленной квалифицированной электронной подписи (далее – ЭП), так и без нее.
В первом случае для регистрации в личном кабинете и необходимо использовать интерактивную форму, размещенную в разделе «Регистрация с использованием электронной подписи» официального сайта Росфинмониторинга (https://portal.fedsfm.ru/account/physical-register-request-signed) и подписать ее ЭП адвоката.
После того как первичная авторизация в личном кабинете пройдет успешно, адвокату необходимо будет изменить пароль доступа к своему личному кабинету.
Для того чтобы зарегистрироваться в личном кабинете на официальном сайте Росфинмониторинга без использования ЭП, адвокату необходимо:
заполнить и отправить соответствующую заявку на подключение к личному кабинету на официальном сайте Росфинмониторинга (https://portal.fedsfm.ru); направить заявку на подключение к личному кабинету на бумажном носителе (форма заявки будет отправлена на указанный при заполнении электронной заявки адрес электронной почты) по адресу: 107450, г. Москва, ул. Мясницкая, д. 39 стр. 1. Заявку нужно подписать и заверить печатью при ее наличии.
При этом к заявке на бумажном носителе необходимо приложить скан-копию документа, подтверждающего статус адвоката. После чего адвокату будет предоставлен доступ к личному кабинету.
Указывается, что в случае возникновения проблем при регистрации и входе в личный кабинет необходимо обратиться в техническую поддержку Росфинмониторинга по телефонам: + 7 (495) 627-33-98, + 7 (495) 627-32-99.
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