Order of the Ministry of Economic Development of the Russian Federation (Ministry of Economic Development of Russia) dated April 5, 2013 N 178 Moscow “On approval of the Procedure for the formation and maintenance of the Unified Federal Register

Clause 1 of Art.
28 of Law N 127-FZ provides that information subject to publication in accordance with Law N 127-FZ is included in the Unified Federal Register of Bankruptcy Information and published in the official publication determined by the Government of the Russian Federation based on the results of a competition held by the regulatory body between the editors of printed publications . By Order of the Government of the Russian Federation dated July 21, 2008 N 1049-r “On the official publication that publishes information provided for by the Federal Law “On Insolvency (Bankruptcy)”, the Kommersant newspaper is defined as the official publication that publishes information provided for by Law N 127-FZ .

According to paragraph 6 of Article 28 of the Bankruptcy Law, when carrying out procedures applied in a bankruptcy case, the following information is subject to mandatory publication: 1) on the introduction of supervision, financial rehabilitation, external management, on declaring the debtor bankrupt and on the opening of bankruptcy proceedings ;

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Publication deadline: bankruptcy proceedings - no later than 10 days from the date of approval of the bankruptcy trustee (clause 1 of Article 28).

In accordance with paragraph 29 of the Decree of the Supreme Arbitration Court No. 60, by analogy, the period was applied to other procedures until 08/17/2013 (before Order No. 178 came into force).

From 08/18/2013, the deadline for publishing information about procedures other than bankruptcy proceedings is 3 working days from the date of receipt of the judicial act (clause 3.1 of Order of the Ministry of Economic Development of Russia dated 04/05/2013 N 178 “On approval of the Procedure for the formation and maintenance of the Unified Federal Register of Information on Facts activities of legal entities and the Unified Federal Register of Information on Bankruptcy and the List of Information to be included in the Unified Federal Register of Information on Bankruptcy”). Place of publication: official publication and EFRSB

2) on termination of bankruptcy proceedings;

The publication period is 3 working days from the date of receipt of the judicial act (clause 3.1 of Order No. 178). Place of publication: official publication and EFRSB.

3) on the approval, removal or release of the arbitration manager;

This information is published by the arbitration manager, in the event of non-publication of messages about the release or removal of the arbitration manager by the arbitration manager himself - the SRO, of which he is a member (paragraph 5 of paragraph 5 of Article 28).

The publication period is 3 working days from the date of receipt of the judicial act (clause 3.1 of Order No. 178). Place of publication: official publication and EFRSB.

4) on the satisfaction of statements of third parties about the intention to repay the debtor’s obligations;

The publication period is 3 working days from the date of receipt of the judicial act (clause 3.1 of Order No. 178). Place of publication: official publication and EFRSB.

5) on the holding of auctions for the sale of the debtor’s property and on the results of the auction;

No later than thirty days before the date of the auction, the organizer is obliged to publish a notice of the sale of the enterprise in the manner established by Article 28 of this Law on Bankruptcy, and in the printed publication at the location of the debtor (clause 9 of Article 129 of the Law).

Within fifteen working days from the date of signing the protocol on the results of the auction or the decision to recognize the auction as invalid, the auction organizer is obliged to publish a message about the results of the auction in the official publication in the manner established by Article 28 of this Federal Law, and post it on the website of this official publication in the Internet, in the media at the location of the debtor, in other media in which the announcement of the auction was published. If the auction is recognized as valid, this information message must contain information about the winner of the auction, including information about the presence or absence of interest of the winner of the auction in relation to the debtor, creditors, external manager and the nature of this interest, information about participation in the capital of the winner of the tender of an external manager, a self-regulatory organization of arbitration managers, of which the external manager is a member or leader, as well as information about the price of the enterprise proposed by the winner.

6) on the cancellation or amendment of the information provided for in paragraphs two to six of this paragraph and (or) judicial acts containing the specified information;

The publication period is 3 working days from the date of receipt of the judicial act (clause 3.1 of Order No. 178).

7) other information provided for by this Federal Law.

List of information to be published

The list of information subject to publication and inclusion in the Unified Federal Register of Bankruptcy Information, in accordance with the provisions of this article, is open and assumes the possibility of including in it information that is subject to mandatory publication in accordance with other provisions of the Bankruptcy Law.

Such information may include, for example, information about holding a meeting of creditors, the number of which exceeds 500 (clause 2 of Article 13 of the Law), a message about holding a meeting of creditors is subject to inclusion by the arbitration manager in the Unified Federal Register of Bankruptcy Information in the manner prescribed by Article 28 of this Federal Law, no less than fourteen days before the date of the meeting of creditors. (Clause 4 of Article 13 of the Law) Place of publication: EFRSB.

In accordance with paragraph 10, paragraph 7, Article 12 of the Bankruptcy Law, a message containing information about decisions made by a meeting of creditors, or information about declaring a meeting of creditors invalid, is subject to inclusion by the arbitration manager in the Unified Federal Register of Bankruptcy Information within five working days from the date of its holding, and if the meeting of creditors is held by other persons - within three working days from the date of receipt by the arbitration manager of the minutes of the meeting of creditors. Place of publication: EFRSB.

In accordance with clause 7.8. Order of the Ministry of Economic Development of the Russian Federation No. 54, the auction organizer, within three working days from the date of conclusion of the purchase and sale agreement, sends for placement in the Unified Federal Register of Bankruptcy Information information on the conclusion of the agreement for the sale and purchase of property (enterprise) of the debtor (the date of conclusion of the agreement with the winner of the public auction or information about the refusal or evasion of the winner of an open auction from concluding an agreement, the date of concluding an agreement with another participant in the auction and the price at which the property (enterprise) was acquired by the buyer). Place of publication: EFRSB.

According to clause 5.1 of the Law, the report on the assessment of the debtor’s property is subject to inclusion by the external manager in the Unified Federal Register of Bankruptcy Information within two working days from the date of receipt of a copy of this report in electronic form. Place of publication: EFRSB.

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The arbitration manager is obliged to include in the Unified Federal Register of Information on Bankruptcy information on the results of the inventory of the debtor's property within three working days from the date of its completion. (clause 2 of article 99, clause 2 of article 129 of the Law) Place of publication: EFRSB.

The list of information subject to publication and inclusion in the Unified Federal Register of Bankruptcy Information, in accordance with the provisions of this article, is open and assumes the possibility of including in it information that is subject to mandatory publication in accordance with other provisions of the Bankruptcy Law.

Also, paragraph 7 of Article 28 of the Law establishes that information subject to mandatory publication during bankruptcy procedures in accordance with paragraph 6 of Article 28 of the Law, in addition to mandatory publication in the official publication and inclusion in the Unified Federal Register of Bankruptcy Information, may be published in other media.

The adoption of a corresponding decision falls within the competence of the general meeting of creditors of the debtor or a committee of creditors.

In addition, in accordance with paragraph. 2, paragraph 7 of this article establishes the additional right of the meeting of creditors to decide on the inclusion of information about bankruptcy in the Unified Federal Register and the publication of other information about the debtor.

In accordance with clause 8, unless otherwise provided by this Federal Law, information to be published must contain:

• name of the debtor, his address and information identifying the debtor (state registration number of the record of state registration of a legal entity, state registration number of the record of state registration of an individual entrepreneur, taxpayer identification number, insurance number of an individual personal account);
• the name of the arbitration court that adopted the judicial act, the date of adoption of such a judicial act and an indication of the name of the procedure applied in the bankruptcy case, as well as the number of the bankruptcy case;
• surname, name, patronymic of the approved arbitration manager, his individual taxpayer number, insurance number of an individual personal account, address for sending correspondence to him, as well as the name of the relevant self-regulatory organization, state registration number of the state registration record of such an organization, its individual taxpayer number and address;
• the date set by the arbitration court for the next court hearing to consider the bankruptcy case in cases provided for by this Federal Law;
• other information in cases provided for by this Federal Law and regulatory legal acts of the regulatory body.

In addition, clause 6.1 of Article 28 of the Bankruptcy Law establishes that no later than ten days from the date of completion of the relevant procedure applied in the bankruptcy case, the arbitration manager includes in the Unified Federal Register of Bankruptcy Information as information a message on the results of the relevant procedure .

Such a message must contain the following information:

• name of the debtor, his address and information identifying the debtor (state registration number of the record of state registration of a legal entity, state registration number of the record of state registration of an individual entrepreneur, taxpayer identification number, insurance number of an individual personal account);
• the name of the arbitration court considering the bankruptcy case, an indication of the name of the procedure applied in the bankruptcy case, as well as the number of the bankruptcy case;
• surname, name, patronymic of the approved arbitration manager as of the date of completion of the procedure applied in the bankruptcy case, his individual taxpayer number, insurance number of an individual personal account, address for sending correspondence to him, as well as the name of the relevant self-regulatory organization, state registration number of the state registration record such organization, its individual taxpayer number and address;
• the presence of applications to recognize the debtor's transactions as invalid, filed in accordance with Chapter III.1 of this Federal Law, indicating the date of consideration of these applications, the results of their consideration and the results of appealing judicial acts adopted based on the results of consideration of these applications;
• the presence of a complaint against the actions or inaction of the arbitration manager, indicating the date of filing the complaint, the person to whom the complaint was sent, a brief content of the complaint and the decision made on the basis of consideration of the complaint;
• the value of the debtor’s property identified as a result of the inventory and the end date of the inventory if an inventory was carried out during the procedure applied in the bankruptcy case.

In accordance with paragraph 2 of Article 99, paragraph 2 of Article 129 of the Law, information on the results of the inventory of the debtor’s property is included in the Unified Federal Register of Bankruptcy Information within three working days from the date of its completion:

• the amount of expenses for the procedure applied in the bankruptcy case, including indicating the amount of remuneration paid to the arbitration manager and justification for the amount of the amounts paid, indicating the amount of expenses for paying for the services of persons attracted by the arbitration manager to ensure his activities, the grounds for exceeding the amount of payment such services defined in accordance with Article 20.7 of this Federal Law;
• the book value (if any) of the debtor's property as of the last reporting date preceding the date of introduction of the corresponding procedure applied in the bankruptcy case, as well as the date on which this value was determined;
• conclusions about the presence or absence of signs of deliberate and fictitious bankruptcy;
• the source of covering the costs of the procedure used in the bankruptcy case;
• the date and grounds for termination of bankruptcy proceedings if the arbitration court makes a corresponding decision.

According to clause 6.2 of the Bankruptcy Law, based on the results of observation, the corresponding message must also contain the following information:

• the dates of the issuance of judicial acts on the introduction of surveillance and the end of surveillance, as well as the dates of the issuance of judicial acts on changing the terms of such a procedure;
• the amount of creditors' claims in accordance with the register of creditors' claims as of the date of the judicial act on the end of supervision (including highlighting the amount of claims for payment of severance pay and wages for persons working or who worked under an employment contract, the principal debt and accrued penalties (fines, penalties) and other financial sanctions), the total amount of claims repaid during monitoring for each queue of claims;
• conclusions based on the results of the analysis of the debtor’s financial condition (including conclusions about the sufficiency of the debtor’s funds to cover legal costs and expenses for paying remuneration to the arbitration manager, the possibility or impossibility of restoring the debtor’s solvency), information about the date of the first meeting of creditors and the decisions made by it, information about the operative part of the judicial act based on the results of observation.

In accordance with clause 6.3 of the Law, based on the results of financial recovery, the corresponding message must also contain the following information:

• the dates of the issuance of judicial acts on the introduction of financial recovery and the end of financial recovery, as well as the dates of the issuance of judicial acts on changing the terms of such a procedure;
• the amount of creditors' claims in accordance with the register of creditors' claims as of the date of the judicial act on the completion of financial recovery (including highlighting the amount of claims for payment of severance pay and wages for persons working or who worked under an employment contract, the principal debt and accrued penalties (fines) , penalties) and other financial sanctions), the total amount of claims repaid during the financial recovery for each line of claims;
• information about the date of the meeting of creditors based on the results of financial recovery and the decisions made by it, as well as information about the operative part of the judicial act based on the results of financial recovery.

By virtue of clause 6.4. According to the Bankruptcy Law, based on the results of external administration, the corresponding message must also contain the following information:

• the dates of the issuance of judicial acts on the introduction of external management and on the termination of external management, as well as the dates of the issuance of judicial acts on changing the terms of such a procedure;
• the amount of creditors' claims in accordance with the register of creditors' claims as of the date of the judicial act on the end of external management (including highlighting the amount of claims for payment of severance pay and wages for persons working or who worked under an employment contract, the principal debt and accrued penalties (fines) , penalties) and other financial sanctions), the total amount of claims repaid during external management for each queue of claims;
• information on the date of the meeting of creditors that approved the external management plan, on transactions subject to approval by the meeting of creditors (committee of creditors) in accordance with Article 104 of this Federal Law;
• information about the proposal of the arbitration manager based on the results of external management, contained in the report of the external manager, information about the date of the meeting of creditors based on the results of external management and the decisions made by him, as well as information about the operative part of the judicial act based on the results of external management.

Based on the results of bankruptcy proceedings, the corresponding message must also contain the following information (clause 6.5 of the Law):

• the dates of the issuance of judicial acts on declaring the debtor bankrupt and on the opening of bankruptcy proceedings, on the completion of bankruptcy proceedings, as well as the dates of the issuance of judicial acts on changing the terms of such a procedure;
• the amount of creditors' claims in accordance with the register of creditors' claims as of the date of closing the register of creditors' claims (including highlighting the amount of claims for payment of severance pay and wages for persons working or who worked under an employment contract, principal debt and accrued penalties (fines, penalties) and other financial sanctions), the total amount of claims satisfied during bankruptcy proceedings for each line of claims;
• information on the value of assets not included in the bankruptcy estate, bringing persons controlling the debtor to subsidiary liability, information on the results of the assessment of the debtor’s property, if such an assessment was carried out, indicating the property, the date of the assessment and the value of the property in accordance with the assessment report;
• information about the date of the meeting of creditors based on the results of bankruptcy proceedings and the decisions made by it, as well as information about the operative part of the judicial act based on the results of bankruptcy proceedings.

In accordance with paragraph 3 of Article 28 of the Law, along with information subject to inclusion in the Unified Federal Register of Information on Bankruptcy in accordance with this Federal Law, information, the list of which is established by the regulatory body, must be included in the said register. (Order of the Ministry of Economic Development of Russia dated 04/05/2013 N 178 “On approval of the Procedure for the formation and maintenance of the Unified Federal Register of information on the facts of the activities of legal entities and the Unified Federal Register of Information on Bankruptcy and the List of Information to be included in the Unified Federal Register of Information on Bankruptcy”, Appendix No. 2).

The relevant information is entered (included) into the information resource no later than three working days from the date the obligation to publish it arises, established by the relevant federal law or other regulatory legal act. (Clause 3.1 of Order No. 178).

The full list of information required to be published in the EFRSB is determined by:

• Article 28 of Federal Law No. 127-FZ “On Insolvency (Bankruptcy)”.
• Other articles of the said Federal Law (in particular, part 4 of article 13, articles 110, 130, 139, 183.5, 189.28 and others).
• By Order of the Ministry of Economic Development of Russia dated July 23, 2015 No. 495, as well as by Order of the Ministry of Economic Development of Russia dated April 5, 2013 No. 178.

Dates for publishing information

The deadlines for posting messages in the EFRSB are determined by Federal Law No. 127-FZ of October 26, 2002 “On Insolvency (Bankruptcy)”, Order No. 178, as well as Order No. 495.

The general deadline for publishing information in the EFRSB is three working days from the date of occurrence of the relevant fact, unless the law itself or the order provides for a different period.

However, the timing may vary for certain types of messages:

• In particular, the deadline for posting information about bidding in electronic form by operators of electronic platforms is no later than one hour from the moment they are posted on the electronic platform (in accordance with Chapter VIII of the Procedure for conducting bidding in electronic form for the sale of property or enterprise of debtors during procedures applied in a bankruptcy case approved by Order No. 495);
• The period for posting a notice of the sale of an enterprise (property) is at least 30 days before the date of the auction (clause 9 of Article 110 of the Federal Law of October 26, 2002 No. 127-FZ “On Insolvency (Bankruptcy)”).

In some cases, the start date for the publication of information is the date when the person learned about the occurrence of the relevant fact. In accordance with established judicial practice, such a date is recognized as the date of publication of the reasoning part of the judicial act on the website of the arbitration court (file of arbitration cases).

Important!

Judicial practice does not give a clear answer to the question from when the obligation to include information in the EFRSB is considered fulfilled.

• In one case, the court came to the conclusion that such an obligation is considered fulfilled on the day the information is posted on the EFRSB website, and not on the day the message is created or on the day it is paid for.
• In another case, the court came to the conclusion that such an obligation is considered fulfilled on the day of payment for the message about posting information on the EFRSB website.

The composition of the information required for publication and additional information in the full table.

Table of publication deadlines in the EFRSB for legal entities

What are the deadlines for publishing messages to the EFRSB?

The deadlines for posting messages in the EFRSB are determined by the Federal Law of October 26, 2002 No. 127-FZ “On Insolvency (Bankruptcy)”, Order No. 178, Order No. 495 The standard period for posting information in the EFRSB is three working days from the date when the person , obliged to include the relevant information in the EFRS learned or should have known about the occurrence of the corresponding legal fact.

The same period is provided for in the event that a federal law or other regulatory legal act provides for the entry (inclusion) into an information resource of information that is also subject to publication, but the deadline for entry (inclusion) of information in the information resource is not established (clause 3.1 of Appendix 1 to the Order No. 178). However, the timing may vary for certain types of messages.

In particular, the deadline for posting information about bidding in electronic form by operators of electronic platforms is no later than one hour from the moment they are posted on the electronic platform (in accordance with Chapter VIII of the Procedure for conducting bidding in electronic form for the sale of property or enterprise of debtors during procedures applied in a bankruptcy case approved by Order No. 495), the period for posting a notice of the sale of an enterprise (property) is at least 30 days before the date of the auction (clause 9 of Article 110 of the Federal Law of October 26, 2002 No. 127-FZ “On Insolvency (bankruptcy)").