Alliance Legal CG experts give comments for legal portal PRAVO.ru
31 августа 2018 г.
"Pravo.ru": legislative novels - that comes into force in September. Citizens will be able to create their own hereditary funds, and in case of problems with insurance companies and microfinance organizations, apply to the authorized representative for consumer rights of financial services. In public societies there will be a mandatory system of compliance. And banks will protect electronic means of payment from fraudulent attacks.
In public societies, there will be risk management and internal control.
The policy and documents that define the activities of the company in the system of risk management and internal control will be approved by the board of directors.
"The main principle of internal audit work should be its independence from the governing bodies , "- said Elena Tersintseva, adviser, deputy managing partner, head of corporate and labor law practice at Alliance Legal CG.
From September 1, it will be possible to create hereditary funds.
An hereditary fund is a legal entity formed by a notary or with the participation of an executor to accept a legacy under a will and to administer such an inheritance according to the will of the testator. "This is not a way of transferring property to heirs, but an independent heir of property to which a notary is obliged to issue a certificate of the right to inherit," explained Evgeniy Karnoukhov, managing partner, head of the practice of dispute resolutions and practices of property and land relations of Alliance Legal CG.
Legitimate heirs (relatives of the testator) may be beneficiaries of the activities of the fund only in those cases and limits that are directly established in the will and documentation of the establishment of the hereditary fund.
The list of currency transactions allowed between residents will be expanded - from September 1, they will include operations related to the receipt, in order of inheritance, of currency values and their transfer to the beneficiaries of the hereditary fund. "Allowing transactions between residents with currency values when inheriting - this is a logical step associated with de-offshore process of the Russian economy and the beginning of the work of hereditary funds. Russian citizens will have more universal and modern tool for hereditary planning. Its main consumers are wealthy citizens, who often keep a significant share of their funds in foreign financial assets. It is obvious that their heirs and hereditary funds should be able to unhinderedly return currency values to the turnover of the Russian economy, "said Sergei Volosnikov, head of the financial and analytical department of Alliance Legal CG.
It will become easier to get a new-generation passport.
It will be issued in at least one MFC (Multifunctional Center) in counties and administrative centers with a population of more than 50,000 people. "The government plans to establish a large-scale of MFC network in the country since 2012. In my opinion, the MFC has become a real national network," says Olga Kalinchenko, senior consultant at the legal department of Alliance Legal CG.
(Resolution of the Government of the Russian Federation No. 797 of 27.09.2011).
Introduce the institution of the Commissioner for the Rights of Consumers of Financial Services.
The financial ombudsman will protect the rights of citizens in insurance and lending if the amount of claims does not exceed 500,000 rubles. and these requirements arise from violation by the insurer of the procedure for the implementation of insurance compensation established by the law on compulsory motor third party liability insurance. Before referral to the financial ombudsman, the consumer should make sure that no more than three years have elapsed since the day of the violation. After the adoption of the appeal, the Ombudsman has the right to send his proposals on the settlement of the dispute to the financial organization. If the parties do not reach an agreement, the ombudsman makes a decision that is binding on financial institutions.
"We are witnessing the emergence of a new legal mechanism that allows us to defend our rights when dealing with insurance, microfinance organizations, banks and pawnshops, bypassing the courts." Such cardinal innovations will directly affect citizens in 2019 when interacting with insurance companies, "said senior consultant of the Alliance Legal CG law department Nikita Rozhentsov.
Notices on cases of administrative violations will be kept in the mail for seven days.
Now the written correspondence sent in the framework of administrative proceedings is stored in postal facilities for 30 days (Order of the Ministry of Communications of Russia No. 234 of July 31, 2014). Since September 3, the total period for keeping such notices if they can not be delivered to the addressee will be seven days.
"The introduction of relevant amendments will speed up the process and ensure compliance with procedural deadlines, and will also relieve the courts and bodies considering cases of administrative violations," said Artyom Grishin, counselor and deputy managing partner of Alliance Legal CG .
(Federal Law of 04.06.2018 No. 139-FL).
Full version of the publication
The policy and documents that define the activities of the company in the system of risk management and internal control will be approved by the board of directors.
"The main principle of internal audit work should be its independence from the governing bodies , "- said Elena Tersintseva, adviser, deputy managing partner, head of corporate and labor law practice at Alliance Legal CG.
From September 1, it will be possible to create hereditary funds.
An hereditary fund is a legal entity formed by a notary or with the participation of an executor to accept a legacy under a will and to administer such an inheritance according to the will of the testator. "This is not a way of transferring property to heirs, but an independent heir of property to which a notary is obliged to issue a certificate of the right to inherit," explained Evgeniy Karnoukhov, managing partner, head of the practice of dispute resolutions and practices of property and land relations of Alliance Legal CG.
Legitimate heirs (relatives of the testator) may be beneficiaries of the activities of the fund only in those cases and limits that are directly established in the will and documentation of the establishment of the hereditary fund.
The list of currency transactions allowed between residents will be expanded - from September 1, they will include operations related to the receipt, in order of inheritance, of currency values and their transfer to the beneficiaries of the hereditary fund. "Allowing transactions between residents with currency values when inheriting - this is a logical step associated with de-offshore process of the Russian economy and the beginning of the work of hereditary funds. Russian citizens will have more universal and modern tool for hereditary planning. Its main consumers are wealthy citizens, who often keep a significant share of their funds in foreign financial assets. It is obvious that their heirs and hereditary funds should be able to unhinderedly return currency values to the turnover of the Russian economy, "said Sergei Volosnikov, head of the financial and analytical department of Alliance Legal CG.
It will become easier to get a new-generation passport.
It will be issued in at least one MFC (Multifunctional Center) in counties and administrative centers with a population of more than 50,000 people. "The government plans to establish a large-scale of MFC network in the country since 2012. In my opinion, the MFC has become a real national network," says Olga Kalinchenko, senior consultant at the legal department of Alliance Legal CG.
(Resolution of the Government of the Russian Federation No. 797 of 27.09.2011).
Introduce the institution of the Commissioner for the Rights of Consumers of Financial Services.
The financial ombudsman will protect the rights of citizens in insurance and lending if the amount of claims does not exceed 500,000 rubles. and these requirements arise from violation by the insurer of the procedure for the implementation of insurance compensation established by the law on compulsory motor third party liability insurance. Before referral to the financial ombudsman, the consumer should make sure that no more than three years have elapsed since the day of the violation. After the adoption of the appeal, the Ombudsman has the right to send his proposals on the settlement of the dispute to the financial organization. If the parties do not reach an agreement, the ombudsman makes a decision that is binding on financial institutions.
"We are witnessing the emergence of a new legal mechanism that allows us to defend our rights when dealing with insurance, microfinance organizations, banks and pawnshops, bypassing the courts." Such cardinal innovations will directly affect citizens in 2019 when interacting with insurance companies, "said senior consultant of the Alliance Legal CG law department Nikita Rozhentsov.
Notices on cases of administrative violations will be kept in the mail for seven days.
Now the written correspondence sent in the framework of administrative proceedings is stored in postal facilities for 30 days (Order of the Ministry of Communications of Russia No. 234 of July 31, 2014). Since September 3, the total period for keeping such notices if they can not be delivered to the addressee will be seven days.
"The introduction of relevant amendments will speed up the process and ensure compliance with procedural deadlines, and will also relieve the courts and bodies considering cases of administrative violations," said Artyom Grishin, counselor and deputy managing partner of Alliance Legal CG .
(Federal Law of 04.06.2018 No. 139-FL).
Full version of the publication