Category Archives: Uncategorized

(Russia) Overview of Key Regulatory Acts and Court Decisions in the Field of Real Estate and Construction (Summer 2020)

Over the past summer of 2020, Russian Federation adopted several key regulatory acts and court decisions in the field of real estate and construction. The changes affected the following areas:

  • Cadastral valuation
  • Backbone infrastructure
  • Environmental assessment
  • Withdrawal and reservation of land plots
  • State ecological expertise
  • Provision of loans to members of Self-Regulatory Organizations in the field of construction

An overview of the changes, as well as key findings of judicial practice, are provided in the PDF file. To download the file follow this link 20-1_Overview (Russia)_RUS_Key changes real estate and construction summer 2020

Please note, this document is available in Russian only.

(Russia) Procedure for Notifying Ministry of Internal Affairs Regarding Payment of Salaries for Highly Qualified non-Russian Personnel

In accordance with the immigration laws of the Russian Federation companies must notify, on a quarterly basis, the Ministry of Internal Affairs of execution of an obligation to pay salaries of Highly Qualified Specialists, indicating the amount of salary paid for the previous quarter.

Notifications for the first quarter of 2020 should be completed until April 30, 2020.

Notifications may be submitted directly to the Ministry of Internal Affairs or sent by registered mail via Russian Post Service.

In connection with the measures taken by the Russian Federation to counteract the spread of COVID-19 virus infection, some days in April 2020 have been declared non-working. Therefore, government agencies and post offices business hours are different from the usual, which shall be taken into account when planning the notification procedure.

Given the uncertainty surrounding the quarantine regime, we recommend that companies proceed to submit notifications in the upcoming business days.

Labor Dispute – Claim Exceeding one Million Rubles Successfully Defended by WatersOAG on Behalf of Client

WatersOAG lawyers successfully defended a company in the Preobrazhensky District Court of Moscow in a dispute with a former employee who filed a lawsuit for reinstatement, recovery of salary for forced absence, emotional damages, and legal expenses. The amount of claim exceeded 1 million rubles.

The court examined the case materials prepared by the WatersOAG team. As a result, the court ruled that the dismissal was lawful and there was no violation of the employee’s labor rights. The court ruling in favor of the WatersOAG client denied the claim in full.

Photo Report from Round Table hosted by WatersOAG on February 28, 2020

WatersOAG thanks participants of the round table held on February 28, 2020. Round table was devoted to 2020 important updates in Russian labor law, including legal aspects of digitization in employment relations.

WatersOAG Held a Live Instagram Broadcast on “Electronic Workbooks 2020”

On January 24, 2020, WatersOAG held a live Instagram broadcast on the topic “Electronic Workbooks 2020”. Labor law lawyer – Mr. Anton Listov answered participants’ questions related to the transition to electronic workbooks and gave recommendations on ensuring a set of measures to meet the new requirements of the law in Russia.

Photo Report – Round Table Held on August 16, 2019

WatersOAG thanks participants of the round table held on August 16, 2019!

Photo Report – Round Table Held on March 1, 2019

WatersOAG thanks participants of the round table held on March 1, 2019!

Legal Alert (Russia): New Procedure of Calling General Meetings of Shareholders in Joint Stock Companies

On January 25, 2019, a new Regulation of the Central Bank of the Russian Federation went into effect, which changes requirements for the convening and holding of general shareholder meetings[1]. This Regulation replaces the previous Regulation adopted by the Federal Commission on Securities Markets[2].

The Regulation governs annual and extraordinary general meetings of public and non-public joint-stock companies, for both joint attendance by shareholders at meetings and absentee voting. The new Regulation does not cover joint stock companies, where the voting shares belong to one shareholder.

Below is an overview of the major changes in the Regulation’s:

1) A non-public joint-stock company has the right to deviate from the Regulation’s requirements for convening and holding general shareholder meetings and to establish a different procedure in the company Charter, subject to certain conditions. For example, such a deviation from the requirements is possible, only if shareholders do not lose their right to participate in general meetings.

2) The regulation expands on the provisions for electronic voting for absentee shareholders, which was introduced in 2016[3]. For example, shareholders are entitled to fill out electronic ballots via the Internet on the website of a joint stock company when the Charter stipulates such a right.

3) The regulation addresses shareholders acting jointly or nominee shareholders participation in general shareholder meetings. For example, those shareholders who act jointly have the right to make a proposal for the agenda of a general shareholder meeting, if such a proposal is signed by all of these shareholders.

4) The list of persons entitled to participate in general shareholder meetings has been expanded. For example, mortgagee shares are entitled to participate in general shareholder meetings, if the pledge agreement provides for such a right.

5) Many changes and clarifications have been made in relation to the content of the minutes of general shareholder meetings.  For example, in the minutes, the voting results should be documented in writing, including comprehensive decisions on each agenda item.

WatersOAG provides legal support on matters arising from the Regulation, including:

  • Auditing and / or developing internal regulations, policies, and strategies to assure compliance with the requirements for convening and holding of general shareholder meetings
  • Consultation on the new requirements for the convening and holding of general shareholder meetings

[1]“Regulations on General Shareholder Meeting” (approved by the Bank of Russia, No. 660-P dated 16.11.2018) (Registered in the Ministry of Justice of Russia No. 53262 dated 01.01.2019).

[2] Order of the Federal Commission on Securities Markets No.12-6 / pz-n dated 02.02.2012 (as amended on 07.30.2013) “On Approval of the Provision on Additional Requirements for the Procedure for the Convening and Holding a General Shareholder Meeting” (Registered in the Ministry of Justice of Russia No. 24341 as of 28.05.2012).

[3] Federal Law No. 210-FZ dated 29.06.2015 “On Amendments to Certain Legislative Acts of the Russian Federation and Declaring Certain Provisions of Legislative Acts of the Russian Federation Invalid”.