Amendments to the legislation require entering information about the seizure into the Unified State Register of Legal Entities if it was imposed by a court or a bailiff on a share in the authorized capital of a limited liability company.
The same Federal Law of 8 August 2024 No. 287-FZ, which established the demand for notarization of the change of the sole executive body in a company, also amended subparagraph “d” of paragraph 1 of Article 5 of the Law on State Registration of Legal Entities and Individual Entrepreneurs (No. 129-FZ), requiring that information about the seizure imposed on a share in the authorized capital of a limited liability company be indicated in the Unified State Register of Legal Entities. The changes came into force on 1 September 2024.
By introducing amendments, the list of information on shares in the authorized capital of LLCs, which is contained in EGRUL, has been expanded. According to Article 5 of Federal Law No. 129-FZ, in addition to the mandatory information on the size and nominal value of the share in the authorized capital of the company belonging to each participant and the company, on pledging of a share or part of it or on their other encumbrance, on the transfer of a share in trust management, a requirement has appeared to indicate information on the arrest imposed by the court or bailiff.
The arrest of a share in an LLC can be imposed for the debts of the owner of the share (only if other property is insufficient to cover the debts). It is possible to impose an arrest through the court by filing a claim for debt collection, through a bailiff in the process of debt collection, or using an executive inscription of a notary. According to Article 225.6 of the Arbitration Procedure Code of the Russian Federation, the arrest of a share in an LLC refers to special security measures.
Information about the seizure of a share in the authorized capital of an LLC will be entered into the Unified State Register of Legal Entities within three business days from the date of receipt of notification from the court or bailiff. In the event of the seizure being lifted, additional notification will be required.
Debt collection by applying to a share in the authorized capital of a company has often been used in practice in recent years, but the lack of information about such seizure in the Unified State Register of Legal Entities made it difficult for potential counterparties to evaluate the company. The amendments are aimed at increasing the publicity of information and the security of transactions with shares in LLCs. Now all interested parties will be able to obtain up-to-date data on seizures imposed through public access to the Unified State Register of Legal Entities, for example, before investing in the company or signing an agreement.
The introduction of amendments to the legislation requiring that information on the seizure of shares be reflected in the Unified State Register of Legal Entities is another step in increasing the transparency of the corporate sphere and expanding the information on legal entities publicly available through the Register.