Practices
Industries

The Central Bank of the Russian Federation May be Authorized to Restrict the Granting of Risky Mortgage Loans

30 January 2024

On 24 January 2024, the State Duma Committee for the Financial Market proposed to adopt for consideration Draft law № 531412-8 “On Amending Article 45-6 of the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)"” (hereinafter - the “Draft law”).

The authors of the Draft law were a group of senators and deputies led by Anatoly Aksakov, Chairman of the State Duma Committee on the Financial Market.

The Draft law proposes to authorize the Bank of Russia to limit the share of loans secured by a pledge of buildings, structures, land plots, construction in progress, residential and non-residential premises and parts of buildings or structures (parking spaces) intended to accommodate vehicles.

The Draft Law on Consumer Market Researchers Was Adopted in the First Reading

26 January 2024

On 16 January 2024 the State Duma adopted in the first reading the draft law No. 412669-8 “On Amendments to Chapter 4 of the Federal Law “On the Basics of State Regulation of Trade Activities in the Russian Federation” (“Draft law”). The Draft law proposes to introduce a number of changes to the regulation of companies engaged in consumer market research, provided they receive revenue in the amount of more than 30 million rubles per year.

Decree On “Exchange of Blocked Assets” and Other Updates for Deals With Foreign Securities Has Been Signed

10 November 2023

Over the past two years, the number of arbitration disputes on the recovery of unjust enrichment from foreign IT-companies has increased significantly. For the period from 2022 to 2023, according to the Arbitration Case File, dozens of claims were filed by Russian legal entities against the largest foreign software manufacturers: IBM Eastern Europe/Asia LLC, Dell LLC, Hewlett Packard Enterprise LLC, and HP Inc LLC.

Changes of Control Criteria on EU Regulation

31 October 2023

On October 23, 2023, the European Commission issued updated Consolidated FAQs on the implementation of Council Regulation No 833/2014 and Council Regulation No 269/2014 regarding the definition of criteria for control of companies.

Restrictions on Transactions with Economically Significant Organizations May Be Cancelled

31 October 2023

On 20 October 2023, the draft law “On Amending Article 13 of the Federal Law 'On Peculiarities of Regulation of Corporate Relations in Business Companies that are Economically Significant Organizations'” was submitted to the State Duma. The Draft Law amends Federal Law No. 470 and cancels some restrictions for transactions aimed at obtaining direct control over ESO by Russian citizens and residents indirectly owning stocks/shares of ESO owned by a foreign holding company.

Russian Courts Began to Invalidate Transactions Made Without the Permission of the Government Commission

23 October 2023

On 14 August 2023 the Tenth Arbitration Court of Appeal invalidated a real estate purchase and sale deal completed without the permission of the Government Commission for Monitoring the Implementation of Foreign Investments in the Russian Federation (hereinafter referred to as the “Government Commission”). On 16 October 2023 the Arbitration Court of the Moscow District upheld the decision of the Court of Appeal, confirming the illegality of such transactions bypassing the procedure provided for by current legislation.

The Ministry of Finance Has Softened the Conditions for Paying Dividends to “Unfriendly” Non-Residents

24 August 2023
On 23 August 2023, the Ministry of Finance of the Russian Federation has published on its website an extract from the minutes of the meeting of the Subcommittee of the Government Commission for the Control of Foreign Investment in the Russian Federation No. 182/5 dated 9 August 2023 (“Extract”). This Extract allows residents to pay dividends to foreign “unfriendly” creditors without complying with the conditions specified in paragraph 2 of the minutes of the meeting of the Subcommittee No. 171/5 dated 14 June 2023(«Conditions»).