05.07.10

The law introduces penalties for such actions as falsification of data on the Unified State Register of Legal Entities, share registers, resolutions of general shareholders meetings, or resolutions of board of directors meetings.

Before the bill’s second reading, four amendments were recommended by the Duma’s special-purpose committee as well as three amendments proposed by other Duma deputies which were ultimately dismissed.

The law will impose a fine of 100,000 to 300,000 rubles or up to two years imprisonment, plus up to a 100,000 ruble fine, for falsifying data on the Unified State Register or on shareholder registers. Furthermore, if this crime was committed by someone who did not have lawful access to the registers to begin with, then the fine could also be up to 300,000 rubles along with imprisonment.

The amendment passed in the second reading had to do with the "forcible" falsification of data. The amendment would blacklist perpetrators from certain professions for a period of three to seven years as the penalty for such falsifications.

The law also establishes penalties for falsifying decisions from general shareholder meetings or the meetings of boards of directors. The fines can be up to 300,000 rubles or one- to two-years’ pay. The offender could be blacklisted from certain professions or be assigned a specific job for a term of six months to three years (the term is established by an amendment passed in the second reading).

Knowingly entering false information into state registers will be punishable by an 80,000 ruble fine, up to four years imprisonment, or blacklisting from certain professions for up to five years. If the false information leads to particularly serious or harmful consequences, then the term could be for up to 10 years.

A proposed amendment to Points 2 and 6 of Article 115 of the Criminal Procedure Code was dismissed. The amendment would have allowed the company owner to be present to testify in court during a witness’s testimony.

Translated by Alinga Consulting Group.

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Source: pravo.ru