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New income taxation procedure for purchasing work or services from interdependent foreign entities
On 27 November 2023, the President of the Russian Federation signed Federal Law No. 539-FZ intoroducing significant changes to the Russian Tax Code, including amendments providing that, with effect from 1 January 2024, the remuneration for the work or services performed by interdependent foreign entities to Russian taxpayers shall be subject to the Russian withholding tax at a rate of 15%. Read further in our legal update.
New review of the Russian Supreme Court on corporate disputes on the provision of information by companies
The Presidium of the Supreme Court of the Russian Federation approved the Summary of Judicial Practice on Corporate Disputes on the Provision of Information by Companies. In general, the Review reflects the positions previously set out in the clarifications of the Higher Arbitrazh Court of the Russian Federation. However, it also considers the issue of providing information to persons controlling companies, touches upon the criteria of good faith of participants/shareholders when requesting documents and information from a company, and assesses the provisions of confidentiality agreements.
New procedure for allocating shares in the exclusive right to intellectual property
The recently introduced draft law that has just been introduced in the State Duma of the Russian Federation proposes to provide for the possibility of allocating shares in the exclusive right to intellectual property assets and to create a mechanism for the disposal of such shares. These amendments, if enacted, may have a significant impact on the structuring of joint ventures and on the early phases of structuring relationships between the founders of technology companies. They may also affect the structuring of M&A transactions where intellectual property plays a major role.
Russian court holds sanctions clause to be valid and enforceable
The Moscow District Arbitrazh Court upheld the position of the lower courts in relation to the validity and enforceability of the sanctions clause. Read further in our legal update on the relevance of the case and the court’s findings.
Restrictions on importing iron and steel products into the EU, UK and Switzerland
On 30 September 2023, new restrictions on importing iron and steel products of Russian origin into the European Union and the United Kingdom entered into force. Read more in our legal update.
New procedure for distributing profit (dividends) to “unfriendly” members (shareholders) of Russian companies
The Subcommission of the Government Commission for Control over Foreign Investment in the Russian Federation established that foreign “unfriendly” shareholders may be entitled to receive profits of Russian companies in circumvention of the special procedure and without the approval of the Ministry of Finance of Russia, subject to certain conditions. Read more in our legal update.