Resolution of the Arbitration Court of the Far Eastern District dated May 16, 2018 No. F03-1717/2018 in case No. A59-2167/2017
A comment
Under a loan agreement, one party transfers to the other an amount of money that the borrower must return within a certain period of time (Article 807 of the Civil Code of the Russian Federation). Therefore, when various disputes arise, the key question is exactly how much money was transferred under the agreement. Obviously, with non-cash payments, the transfer of money can be confirmed by a third party - the bank. What about cash payments?
The answer to this question can be found in the resolution of the Arbitration Court of the Far Eastern District dated May 16, 2018 No. F03-1717/2018 in case No. A59-2167/2017. In it, the judges assessed various cash receipts to determine whether they could confirm the transfer of money under a loan agreement or not.
According to the judges, the transfer of money as a loan can be confirmed by cash settlement services, in which the individual head of the borrowing organization is indicated as the recipient, and a reference to the loan agreement is given as the basis for the issuance. It will also be permissible to register a cash settlement agreement for an individual indicating the corresponding legal entity, but without a position (Ivanov I.I., Romashka LLC) and indicating “under a loan agreement” as the basis.
Cash settlement services that contain information about the transfer of money to an individual without a note that he acts as the sole executive body of the legal entity-borrower are unacceptable. The court also declared unacceptable the RKO, in which part of the text was added by hand without certifying the corresponding change with a signature and seal. According to the court, when manually adding typewritten text in the primary accounting document, the date of such addition and the person who made it should be indicated (i.e., register the addition as a change in the manner prescribed
mechanisms for achieving social harmony between participants in socio-economic relations.
Please write in detail
There are a lot of different data, indicators and ratios confirming social inequality. And, for the most part, they are quite subjective. I mean analytical reports of various rating agencies, some indices, figures provided to us by “independent experts”. If necessary, you can select a number of such indicators and explain their bias.
Let's return to objective data.
First and foremost: the ratio of income and personal assets of an equal number of the richest and poorest people - both across countries and throughout the world.
The richest 5% of people in the world account for a third of all global income
In Russia:
10% of Russians share a third of their income. And 10% of the poor receive only 2% of all money.
The second factor is the strict and very narrow specialization of the employee. The modern volume of information is too large for one person to comprehend. And therefore there is a tendency in the world towards narrow specialization. A specialist in any field, as a rule, will no longer be able to retrain and be competitive in another. this creates almost insurmountable walls between professions. Narrow specialization leads to fierce competition and the risk of discrimination against an individual when the demand for his skills, abilities and knowledge falls. For example, a person is a specialist of the highest category in magnetic storage media... But they disappeared as a class, replaced by flash memory, CD, DVD... And that's it. man is not needed. He is one of the high-class homeless people... (of course, this is hyperbole, but the trend, although softer in real life, has the same direction).
As for possible (other than the market) mechanisms for achieving social harmony... I will name one. Basic. This is when there are two (three, more...) sides. And they need to accept common decision. As a rule, this decision, taken by the parties as a compromise, is not such. This decision is the result of “brainwashing”, the result of introducing the necessary (not to the parties, no! - to those who are implementing) impulse and decision into the heads using the NLP method, hidden manipulations through ... the media. Through speakers and the introduction of the need for consumption and stereotypical thinking...
(sorry, it’s a little complicated, probably a little off topic, but a serious problem)
And the general mechanisms... Let's figure it out then
1) referendum (there is also voting, voting and other “suvania” of something unknown, which everyone considers a “deep personal decision”, it is not clear where - all that is known is that it is “it is not clear where - terribly secret and mega honest! Honestly - that’s exactly what it’s considered!)
2) method " brute force" - whoever is stronger took it. Anyone can challenge this right. By the way, this is a very common option, even in Recent history. The same Muammarchik Gaddafi - who didn’t please? It is unknown... But it is known that SSH#sensored#... we need a lot of cheap oil and we don’t need intractable guys in power in all sorts of Africa...
3) Method of contractual relations. It is considered mega-humane (there are so many Conventions on it, each country has riveted on the Civil Code - in general - it’s a good idea, not a method. One problem is that it almost always boils down to or stems from the methods written above)
Well, that's enough, I guess... Sorry for the offtopic...
If you receive a letter from the tax office demanding confirmation of your legal address, what should you do?
From September 1, 2017, the tax inspectorate received the authority to forcibly liquidate companies that do not correct inaccurate information about their legal address within six months. In this regard, massive checks are being carried out at legal addresses in Moscow. There may be several reasons for checking the accuracy of the legal address:
- mass address, and mass starts from five organizations registered at the address,
- it is known that the specified property has been destroyed, does not exist,
- the address obviously cannot be used for free communication with a legal entity (for example, the address of a government agency, military unit, etc.),
- there is an objection from the owner to the territorial Federal Tax Service at the address,
- letters are returned back to the addressee in particular in tax office,
- During the inspection, no company was found at the specified address;
In any of the listed cases, the inspector sends a letter to the legal address of the company with a request to confirm its location within 30 days. The inspector can send the same letter to the address of the general director or founder. From this moment there are 30 days for the company to confirm its location. To do this, companies registered in the Moscow region must provide a set of documents to 46 Federal Tax Service Inspectors.
List of documents that the client needs to submit to the 46th Office:
- RESPONSE to the notification of submission of reliable information to the registration authority (we can prepare a legally correct answer for you),
- a copy of the notification received from the 46th Federal Tax Service Inspectorate about the need to provide reliable information,
- a copy of the one received from the 46th envelope (front and back of the envelope),
- a copy of the lease agreement or workplace lease agreement (any of the agreements at the discretion of the client),
- a copy of the transfer acceptance certificate,
- copy of the certificate;
The main thing is not to panic and act within the law and established deadlines.
If you cannot find the owner or your lease agreement has not been renewed, that is, you cannot confirm your location, then next step the tax office will be . And this is the most undesirable thing that can happen to your legal address, because then the current account may be legally blocked at the request of the tax inspectorate.
Contact us, we will try to help you, we will definitely help you find the owner of your address. If necessary, we can go to your address and represent your interests. We can also prepare a package of documents and take them to the tax office. There is always a way out and we will find it. Ready advise You on any question. We are professionals in our field and are ready to resolve your questions regarding your legal address.
Representative of the Ministry of Telecom and Mass Communications Dmitry Zakharov explains that the resolution is necessary to fulfill the requirements that appeared after amendments were made to the law “On Communications” in 2016 (introduced by the so-called Yarovaya law. - Vedomosti). They state that the operator must “stop, upon receipt of an appropriate request from the body carrying out operational investigative activities, the provision of communication services in the event of failure to confirm within 15 days that the personal data of actual users corresponds to the information stated in the subscriber agreements.”
It follows from the draft resolution that the operator will be able to identify the subscriber in one of the following ways: by requesting from him an original identification document, or by requesting data from him through the subscriber self-service system or through the state Unified system identification and authentication.
According to a person close to one of the operators, “most of the subscribers” fall into the risk zone. According to Telecomdaily CEO Denis Kuskov, out of a 270 million subscriber base, this is 12-15% of SIM cards. Among such subscribers are migrants, people who bought a SIM card at the station, and those who buy SIM cards using fake documents, says Kuskov.
Duty without responsibility
By law, operators are already required to identify subscribers, but now they are not responsible for the lack of such identification - the cellular dealer is fully responsible for this by law, Mikhail Bykovsky, deputy director of the department for regulation of radio frequencies and communication networks of the Ministry of Telecom and Mass Communications, previously told Vedomosti.
Representatives mobile operators they do not undertake to predict what part of their subscriber base will be affected. A VimpelCom representative says the company will study the document.
The issue of identifying operator users in connection with terrorist attacks in St. Petersburg was recently addressed by the Federation Council. Its chairman Valentina Matvienko in April announced the need to develop a law to combat the illegal trade of SIM cards. To completely defeat traders who sell SIM cards in markets and in underground passages in violation of the law without requiring passport data from buyers, it is necessary to prohibit operators cellular communication transfer SIM cards to intermediaries for sale, she said. We are talking about intermediaries who sell SIM cards without drawing up an agreement and transferring subscriber information to the operator. Matvienko instructed Senator Lyudmila Bokova to submit a corresponding bill to the State Duma, and asked Duma deputies to quickly adopt it. From preliminary discussions of the bill, it followed that operators should begin to provide services only after checking the passport details of subscribers and entering them into the appropriate database.
According to representative Bokova, the bill has already been developed, sent to the State Duma, and preparations are now underway for the first reading. It has been sent for approval to the government and the presidential administration, she clarified.
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