Instructions: writing a letter about the absence of activities and employees

Waiver letter Confirming the absence of the need for mandatory confirmation of compliance

In cases where products do not fall under the Technical Regulations of the Eurasian Economic Union (EAEU), they can be imported without providing a Certificate or Declaration of Conformity. In controversial situations, a special document can be drawn up - a letter of refusal.

A letter of refusal is an official response from an accredited certification body stating that a Certificate or Declaration of Conformity is not required for a given product.

Sample Refusal Letter 117 KB

The refusal letter is not a mandatory document and is for informational purposes only. Nevertheless, it can serve as a weighty argument if you need to prove to customs or another inspection body that there is no need to issue a Certificate or Declaration of Conformity.

The refusal letter is drawn up on a simple A4 sheet. It indicates the name of the product, model/article, HS code, and also indicates that:

• the product is not included in the Unified List of Products Subject to Mandatory Confirmation of Conformity within the Eurasian Economic Union ;
• the product is not included in the Unified List of Products Subject to Mandatory Certification in Russia ;
• the product does not fall under the current Technical Regulations of the Eurasian Economic Union.

The refusal letter has no validity period; it can be used until changes are made to the Technical Regulations.

Get a Rejection Letter from IFCG in four simple steps:

1. Send us the existing product description

   We will analyze the information and check that: - the product is not included in the lists of products subject to mandatory certification within the framework of technical regulations of the EAEU or Russia; — or the product falls into exceptions according to the current Technical Regulations.

2. We will draw up the documents necessary to receive a Refusal Letter

   We prepare the application, all the necessary accompanying documents, as well as a layout of the Refusal Letter. We will send them to you for signature and approval. We will also advise you on all questions that arise regarding documents and certification rules.

3. We will submit documents for registration of the Refusal Letter

   We control the entire process of document preparation, represent your interests in testing laboratories, certification bodies and, if necessary, in RosAccreditation.

4. We will receive the registered Rejection Letter and forward it to you.

Write to us right now!

Zero statistical reporting

But what about situations where a company is obliged to provide one or another statistical form, but in the period provided there were “zero” indicators?

Important!

According to the explanations of Rosstat on the forms of federal statistical observation, which, according to the instructions for filling them out, are submitted to the territorial bodies of state statistics only in the presence of an observed event, the submission of “zero” reports is not required and the absence of a report is qualified as the absence of the phenomenon for the respondent (Letter dated April 15, 2016 No. SE-01-3/2157-TO).

A number of forms of federal statistical observation (No. 3-F, No. 1-PR, No. P-6, No. 2-science, etc.) are submitted only in the presence of an observed event.

For example, information in Form No. 3-F “On overdue wages” is filled out as of the 1st day of each month and is submitted to the territorial body of Rosstat at its location the next day after the reporting date by legal entities if there are overdue wages employees (except for small businesses).

That is, if companies do not have arrears in wages, then “zero” statistical reporting is not submitted and the absence of a report is qualified as the absence of a phenomenon for the respondent.

PENALTIES FOR FAILURE TO DELIVERY ZERO REPORTS

The instructions for filling out form No. 1-PR “Information on the suspension (strike) and resumption of work of labor collectives” directly states that information is provided to the territorial bodies of state statistics only in the presence of an observable event. If there is no event, the report in the form is not submitted to the territorial statistical bodies.

For other forms, companies can send an official letter to Rosstat about the absence of indicators in the reporting period instead of zero reports.

The procedure for issuing a certificate of absence of bankruptcy proceedings

Help can be obtained in several ways. The table lists where to get a certificate of absence of bankruptcy, where to apply and how long it will take.

It is advisable to obtain an electronic statement:

• for yourself (for example, to check the counterparty);
• for the purpose of submitting it electronically to other persons or government agencies, if such a possibility is provided (for example, the plaintiff will provide an electronic extract to the arbitration court (clause 3 of the Resolution of the Plenum of the Supreme Arbitration Court No. 12 of February 17, 2011).

IMPORTANT!

In some cases, a printed electronic statement is sufficient for the recipient. The electronic signature on it is visualized (Letter of the Federal Tax Service of Russia No. GD-3-14 / [email protected] dated December 3, 2015). Please check this with the recipient of the certificate in advance.

Where to apply for a bankruptcy certificate and where to see a sample?

As already mentioned above, there is no approved form of the document.
The free form is based on the custom of including the necessary details, while by analogy with law, you can use a sample of another certificate. Concerned with strategic enterprises, in 2009 the state provided a sample of guarantees for them in Rosreestr Order No. 23. You can use the sample from the order or make a certificate in any form. It is important to take into account the nuances.

There is no insolvency department in Russia, and the corresponding Moscow committee was abolished in 2007. However, creditors and business counterparties require guarantees of the enterprise's solvency. The concept of bankruptcy and insolvency is explained in detail in the previous article.

Contacting the registration authorities is the first thing that comes to mind for interested parties. The Tax Service is authorized to provide extracts from the unified registers of taxpayers - the Unified State Register of Legal Entities and the Unified State Register of Individual Entrepreneurs.

Extracts contain complete information about the subject, are issued to all interested parties and are compiled on the basis of:

1. Federal Law No. 129 “On state registration of legal entities and entrepreneurs” dated 08.08.2001;
2. Government Decree No. 462 “On the amount of fees for providing information” dated May 19, 2014.

According to this Government Resolution, an enterprise receives an extract about itself free of charge. Other persons must pay a state fee.

Where can they demand it?

There are a considerable number of authorities that may require a certificate of absence of bankruptcy. Here is an approximate list of most of them:

• Arbitration, in the event of any litigation.
• The counterparty is in the process of concluding an important transaction.
• Various government bodies, if the company participates in government procurement.
• Bank, to open a current account as confirmation of the authority of the head of the organization and the solvency of the enterprise.
• Notary office, when carrying out operations and transactions with real estate.

Also (in rare cases), a certificate of absence of bankruptcy may be requested by tender organizers to approve the admission of an enterprise to participate in tenders.

Paper certificate from the Unified State Register of Legal Entities

Any person, both organizations and citizens, can apply for it (clause 2 of the Regulations - Order of the Ministry of Finance of Russia No. 5n dated 01/15/2015, clause 3 of the Appendix to Order of the Ministry of Finance of Russia No. 121n dated 08/05/2019). Write a letter about the absence of bankruptcy proceedings to the tax service. In your request, please provide the following information (clauses 1–3, clause 20, clauses 1, clause 31 of the Regulations - Order of the Ministry of Finance of Russia No. 5n dated 01/15/2015, clause 3 of the Appendix to Order of the Ministry of Finance of Russia No. 121n dated 08/05/2019):

1. About the applicant:
   full or abbreviated name, OGRN and TIN - request from a legal entity;
2. last name, first name and (if available) patronymic - request from a citizen;
3. telephone number, postal address or email address.

1. About the organization for which an extract is requested - full or abbreviated name, OGRN and TIN.
2. About the method of obtaining a certificate of bankruptcy proceedings or its absence:
   personally;
3. by mail - indicate the postal address to which the statement should be sent.

If the method of receipt is not specified, the extract will be sent by mail (clause 20 of the Regulations on the provision of information from the Unified State Register of Legal Entities and the Unified State Register of Individual Entrepreneurs).

IMPORTANT!

You have the opportunity to specify in your request the receipt of an extract in electronic form (clause 3, clause 20 of the said Regulations). To receive it, create a request through the website of the Federal Tax Service of Russia or the Unified Government Services Portal. You will receive the certificate for free.

We recommend that you provide additional information:

• about the urgency of providing the requested information;
• on the number of copies, if several copies of one extract from the Unified State Register of Legal Entities are required.

The request is signed by the applicant. If it is drawn up on behalf of an organization, it is endorsed by the director, on behalf of an individual - by the individual himself. In addition to the signature, the surname and initials of the applicant are indicated (clauses 1, 2 (d), clause 31 of the Regulations). It is not necessary to put the seal of a JSC or LLC in the request (Letters of the Federal Tax Service of Russia No. KV-4-14 / [email protected] dated 03/04/2020, No. BS-4-17/ [email protected] dated 08/05/2015).