Russia 2022. Павел Игоревич Герасимов
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about own capital and reserves, and annually a balance sheet and a profit and loss account together with the statement of an auditor who examined the bank’s accounts.
Barrier tariffs
Since 2013, Russian banks apply so-called “barrier tariffs” as a measure against money laundering. Such tariffs apply to the operations and persons banks find suspicious. The measure is, by far, dubious, and application of such tariffs may be challenged in court.
Change of control and directors
The Central Bank must be notified about an acquisition in the ownership or trust by one legal entity or individual or a group of legal entities and/or individuals of more than 5 per cent shares in a credit institution. Prior consent from the Central Bank is required for acquisition of more than 20 per cent of shares. Founders of a bank may not exit within three years after incorporation.
Candidates for the following positions in a credit institution must comply with certain special requirements to qualification established by law and the Central Bank’s regulations:
• a member of the board of directors;
• a chief executive and a deputy chief executive;
• a chief accountant and a deputy chief accountant;
• a head, a chief accountant and their deputies of branches.
A credit institution must notify the Central Bank in writing regarding a prospective appointment to the above mentioned positions in advance. The Central Bank is entitled to prohibit such appointment upon grounds established by law. A credit institution must also notify the Central Bank about each dismissal from these positions.
RUS-475
Control over insurance is provided by the Federal Service of Insurance Supervision of the Ministry of Finance (FSIS). The principal legal act is the Federal law on the organization of insurance in the Russian Federation of November 27, 1992. Insurance companies are formed as limited liability or joint stock companies or in other forms of commercial organisations. Insurance companies must be authorised by the FSIS and be included in the register of insurers.
The name of an insurance company must identify the company’s activity and include words like “insurance”, “reinsurance”, “mutual insurance” or “insurance broker”. The head and the chief accountant of the insurer must have an economics or financial education and two years work experience in insurance. The actuary must have mathematical or economics education and an actuarial diploma in actuary. The head and the chief accountant of an insurance company must be citizens of the Russian Federation.
Insurance companies of which more than 49 per cent of shareholders are foreign entities or individuals and subsidiaries of foreign insurance companies may not provide the following insurances:
• life insurance;
• obligatory State insurance (e.g. mandatory health insurance);
• property insurance, related to supply goods and services for the state needs;
• property insurance for state and municipal organisations.
Solvency requirements
The minimal charter capital of an insurance company depends on the kind of insurance the company is involved in and is between RUR 60 million (€653,700) and RUR 480 million (€5,229,600).
Insurers must comply with the solvency requirement established by law as related to reserves, an assets structure, reinsurance quotas, obligations against own capital ratio, etc. Also, in some cases (e.g. life insurance, health insurance) insurance company activities shall be limited to only one type of insurance.
Please note that new requirements and rules for establishing financial sustainability come into force on on July 1, 2021. Under those requirements and the rules for calculation of assets and liabilities, inter alia, it is set that the allowed total amount of securities, loans and alike assets shall not exceed 40 percent of the Insurance Company total asset value.
Taxation
RUS-500
Personal income tax is imposed on the income of Russian residents and individuals who have sources of income in Russia. Individuals are deemed residents of Russia, for tax purposes, if they are present within the Russian Federation for at least 183 days in the calendar year (which is from January 1 to December 31). In this case they are subject to Russian tax on their worldwide income. Non-residents pay tax on the Russian-source income only, at a rate of 30 per cent, as against a flat rate of 13 per cent for residents. Residents also pay tax at the rate of 13 per cent (against 15 per cent for non-residents) on dividends received. However, from January 1, 2021, a progressive taxation scale will be used (so-called “wealth tax”), so resident individuals whose total personal income exceeds RUR 5 million (EUR 54,555) subject to income tax of RUR 650,000 (EUR 7,092) plus 15 per cent of their income.
Russian source income is deemed to be any income from activities carried out in Russia and passive income which originates in Russia, for instance:
• dividends and interest, paid by a Russian company or individual entrepreneur, or by a foreign entity in relation to its permanent establishment in Russia;
• insurance payments from a Russian company or a foreign entity in relation to its permanent establishment in Russia;
• royalties and copyright income;
• rent and similar income from property in Russia;
• income from the disbursement of real estate, stocks, shares, rights of a claim to a Russian entity, other property and property rights; and
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