Free verification of counterparties for unp. Checking a counterparty in Belarus: free and paid methods About registration and current status

Kozerogka wrote:

The IMNS said that they have no right to give such information. I'm in a panic....

TAX CODE

Article 79. Tax secrecy
1. Any information constitutes a tax secret. received by the bodies specified in paragraphs four - seven of Article 4 of this Code, about payers (other obliged persons), except for information:
1.1. about the last name, first name, patronymic of the payer(another obliged person) - an individual, the name of the payer (another obliged person) - an organization;
1.2. disclosed by the payer (another obligated person) independently or with his consent;
1.3. about the account number of the payer;
1.4. on the authorized capital (capital) of the organization;
1.5. about violations of tax legislation and measures of responsibility for these violations;
1.6. provided to tax or law enforcement authorities of other states in accordance with international treaties in force for the Republic of Belarus;
1.7. provided to state bodies, other state organizations for the purpose of performing administrative procedures (except for data on the founders (participants, owners of property) of legal entities and information on opening (closing) bank accounts);
1.8. provided to the controlling (supervisory) authorities from the unified information database of the controlling (supervisory) authorities.
2. Tax secret is not subject to disclosure, except as provided by law.

You can try to ask for information about whether the IP has been liquidated (in my opinion, this information falls under clause 1.2. Article 79 of the Tax Code, because in accordance with clause 12 of the Regulation on the liquidation (termination of activities) of business entities, approved by the Decree of the President of the Republic of Belarus dated 16.01.2009 N1 - upon liquidation, the IP provides to the registration authority a copy of the publication in the newspaper "Respublika" on the termination of activities). It is possible that your IP was liquidated a long time ago ... and further actions will not be needed ...

As for the IP address, the tax office will not provide you with such information, because. This information falls under the concept of tax secrecy.

As noted above, it is possible to clarify information about the address in the registration authority (though not for free ....).
Registration authorities are not so strictly limited by the Law in terms of providing information about business entities. Look at the Decree of the Ministry of Justice of March 10, 2009 No. 25 “On approval of instructions on the procedure for maintaining a unified state register of legal entities and individual entrepreneurs” (Chapter 5 of the Instruction)
Additionally, take a look at the website of the Ministry of Justice - there is information on Providing information from the Unified State Register

Let's turn again to the topic of checking foreign companies. This time we will touch on our neighbor and ally - Belarus.

First of all, we note that in Belarus, the situation with the availability of business information is significantly different from that in Russia. Differences in legislation, business culture, a different development of the information services market as a whole affect.

State Internet resources provide very few data on legal entities in Belarus and their current status. Even obtaining an extract from the Unified State Register of the Ministry of Justice (an analogue of our Unified State Register of Legal Entities) is associated with certain difficulties for Russians due to the use of the Belarusian payment system.

Financial indicators, in accordance with Belarusian legislation, are available only from JSCs; in relation to companies with other organizational and legal forms, it will not be possible to obtain such data at all.

Information on arbitration cases is also not publicly available.

On the information market, there are no offers of on-line services for checking counterparties (such as SPARK, Integrum, etc.). Moreover, very few companies offer off-line business information about Belarusian legal entities, while a number of them, according to our estimates, simply accumulate information from the Internet.

Nevertheless, there are certain possibilities for checking Belarusian companies. What can be recommended for independent use from open Belarusian Internet sources?

1. "Register of commercial organizations and individual entrepreneurs with an increased risk of committing offenses in the economic sphere." It is maintained by the Ministry of Taxes and Dues of Belarus, the search for it is carried out on the Internet portal http://www.nalog.gov.by.

The register includes legal entities and individual entrepreneurs, in whose activities signs of pseudo-entrepreneurship or illegal entrepreneurial activity are recorded; violations of tax laws; violations of the use of seals and strict reporting forms; location outside the legal address and not notifying the registration authorities about changes, etc.

Now it contains about 5200 pieces of information. This is not much, taking into account the 172 thousand legal entities and 260 thousand individual entrepreneurs operating in the republic, but it allows avoiding cooperation with the most “malicious” violators.

2. Information from the State Register of Payers (http://www.nalog.gov.by). The data are minimal, but they provide reliable information about the current status of the enterprise.

3. Information about companies that have debts to the budget (http://www.nalog.gov.by). Important data, but not archived and often a little outdated.

4. State register of bankruptcy information (http://bankrot.gov.by). It is supported by the Ministry of Economy of Belarus and allows you to check the company for bankruptcy, being in reorganization mode, etc.

5. Information on the liquidation of companies, published in the publication of the Ministry of Justice (http://justbel.info). The resource allows you to check the Belarusian company, which is operating, but is already in the process of liquidation.

Of the main available Belarusian Internet resources, these are perhaps the most significant ones that can be used for a primary, superficial assessment of a counterparty from Belarus.

For a more detailed check, you can use the services of special companies that offer objective business information about Belarusian enterprises. As noted above, there are few such proposals. So, the information service implemented by the consulting agency deserves attention. "CRBS" (Minsk) and the Belarusian Chamber of Commerce and Industry (www.krbs.by).

The agency provides off-line business information about Belarusian legal entities and individual entrepreneurs. In preparation, state resources and reliable sources of information are used. In our opinion, a sufficiently high-quality information product containing complete registration data, information on the current status, management, personnel, founders, size and distribution of the authorized capital, field of activity, affiliated companies, results of participation in procurement, negative data, etc. It is important that a number of positions (founders, management, negative information about debts) is given with a history of the last few years. The cost is very reasonable, and the execution time is quite acceptable - from 48 hours.

Of course, it can be noted that Belarusian companies have a relatively good reputation and are more likely to be exposed to risks, especially in cases of deferred payments for deliveries to the Russian Federation. However, due diligence is necessary and important in any cooperation, including when working with Belarusian counterparties.

If you work with Belarusian suppliers, it will not be superfluous to check their integrity. We offer an algorithm for checking counterparties from Belarus.

Russian companies can check a counterparty from Belarus. This can be done in the section "Information about the business partner" on the website of the Ministry of Taxes and Duties of the Republic of Belarus. There are several useful services where you can find out information about a partner. The Federal Tax Service recommended that inspectors use Belarusian services in an internal letter (available in UNP). Services will also be useful for companies when checking their suppliers.

Register 1- an analogue of the Russian Unified State Register of Legal Entities. Using the service "Search for information from the State Register of payers that do not constitute a tax secret", a company can check whether its potential counterparty has been registered. You must click on the "Search" button, and then enter the payer's account number (an analogue of the Russian TIN) or the name of the counterparty (see Fig. 1).

The program will provide general information - payer number, address, date of registration and exclusion from the register if the company is liquidated. If the supplier is not in the register or it is liquidated, then it is safer not to make a deal with it. Otherwise, the tax authorities may recognize it as fictitious.

Rice. 1. How to check if a counterparty is registered

Register 2- this is a list of companies with an increased risk of committing violations in the economic sphere. It includes organizations that do not have a legal address, do not submit reports, used accounts for money laundering, etc. It is enough to fill in the account number or company name, and the service will show the date and reason for inclusion in the register - a specific paragraph from the Decree of the President of the Republic Belarus, which lists signs of illegal activity (see Figure 2). If a company is on the list, it does not mean that it is fictitious. But you should be careful when working with such a counterparty. At least clarify with him why he was blacklisted.

Rice. 2. How to find out if it's risky to work with a supplier

Register 3- to check counterparties from Belarus - this is the Unified State Register of Bankruptcy Information. The service will allow you to find out if the counterparty is bankrupt. To find out, just enter the name or account number of the partner in the search bar (see Fig. 3). The conclusion of a transaction with a counterparty that is in a state of bankruptcy does not guarantee the performance of the contract.

Rice. 3. How to find out if a partner is bankrupt

In addition, the site also allows you to find out if the counterparty has debts to the budget. And if the counterparty participated in public procurement, you can find out if he violated the terms of the auction. This information will also help you learn more about a potential supplier in order to check its reliability.

for the provision of information services

This Public Agreement (hereinafter referred to as the Agreement) is considered to be concluded between SmartFinSoft Limited Liability Company, hereinafter referred to as the "Contractor", and any legal entity, individual entrepreneur or citizen - user of the information resource posted on the website website (hereinafter - the website , website), hereinafter referred to as the "User", who accepted (accepted) the public offer (offer) to conclude this Agreement by registering on the website page located at https://website/register.

The issues of searching, receiving, transferring, collecting, processing, accumulating, storing, distributing and providing information, as well as using information and protecting information in addition to the Agreement, are regulated by the legislation of the Republic of Belarus (hereinafter referred to as the legislation) and the dolgovnet Privacy Policy.

1. 1. The Subject of the Agreement

1.1. The Agreement defines the procedure for the provision of information services (hereinafter - the service), as well as the rights, obligations and relationships between the Contractor and the User, hereinafter referred to individually as the "Party", and together - the "Parties".

1.2. The service consists in providing the Contractor to the User with information about the potential opportunity:

Perform by the User (legal entity or individual entrepreneur) in the manner prescribed by law, offsetting claims for obligations (accounts payable and receivables in equal amounts) with counterparties (creditors and debtors) and third parties who have agreed to such offset;

Assign by the User (legal entity or individual entrepreneur) the rights to his receivables to third parties in the manner prescribed by law;

In the manner prescribed by law, acquire (receive) the rights to receivables on the terms agreed by the User with the owner of this debt.

1.3. The number of services provided by the Contractor to the User corresponds to the number of notifications about the provision of each individual service that the Contractor sent to the User via e-mail and (or) posted on the website in the personal account.

1. 2. Procedure for concluding a contract

2.1. The Contractor assumes the obligation to provide an unlimited number of services to each User who has registered on the site, actually used the services of the site or turned to the Contractor for their provision in any other way acceptable to the Contractor.

2.2. The actions of any persons specified in sub-clause 2.1 of this clause are consent to the conclusion of the Agreement and acceptance (acceptance) of its terms without any conditions, exceptions and reservations.

2.3. To register on the site, the User fills out the appropriate form provided by the interface of the website.

2.4. The Contractor is not responsible for the completeness and accuracy of the information provided by the User during registration, but reserves the right to verify them using state information resources.

2.5. The Parties recognize the location of the Contractor as the place of conclusion of the agreement.

1. 3. Procedure for the execution of the contract

3.1. To provide the service, the User provides the Contractor with information about his counterparties, receivables and (or) payables, other information provided for by the relevant forms of the website interface.

3.2. As part of the provision of the service, the Contractor collects, analyzes, processes the information received, places it in the User's personal account, as well as certain information provided for by the dolgovnet interface.

3.3. For the correct and efficient operation of the information resource, the User must, as the information provided by the site changes, make appropriate changes in the personal account, including correcting the information provided during registration, deleting outdated and irrelevant information, adding and updating information on receivables and (or) payables , update other information provided by the site interface.

3.4. The Contractor notifies the Customer about the results of the work of the information resource by sending e-mails and (or) posting notifications in the personal account of the site.

3.5. To provide a service that, in accordance with the Contractor's tariffs, is paid (provided for a fee), the User must make an advance payment for it in accordance with the instructions contained in the website interface.

3.6. The provision of paid services is carried out by the Contractor after receipt of payment by sending the User an appropriate report in the form of an e-mail and (or) posting a notice in the personal account of the site. The Service is considered to be provided in full, properly and accepted by the User at the time of sending (placement) by the Contractor of such a report.

1. 4. The Contractor undertakes:

4.1. - provide the User with services of high quality and as soon as possible, provided that the User and other Users comply with all the requirements of this Agreement, subject to the availability of technical capabilities and in the absence of force majeure circumstances;

4.2. not to disclose or use at its own discretion the information transmitted by the User to the site, except as provided by the Agreement, legislation, the Privacy Policy of the site and the instructions of the User;

4.3. immediately, as soon as the reports on the provision of services paid by the User are ready, send them to the User;

4.4..

1. 5. The user undertakes:

5.1. - provide the Contractor with complete and reliable information in accordance with the terms of the Agreement, the Privacy Policy and the website interface;

5.2. pay in full the cost of services in accordance with the terms of the Agreement and the tariffs of the Contractor;

5.3. in the event of any claims against the Contractor, notify him of this by e-mail or in writing within a month from the date when the User became aware or could become aware of the circumstances that are the basis of the claim.

1. 6. Cost of services rendered and payment procedure

6.1. The cost of the services provided by the Contractor is determined by the tariffs approved by the Contractor, posted on the dolgovnet page. The Contractor has the right to independently form prices for the services provided and change them in accordance with the law. The changed prices for services are valid from the moment determined by the Contractor, but not earlier than the moment of placing new tariffs on the site.

6.2. Tariffs for the service are considered valid at the time of sending (placement) by the User of an application for obtaining relevant information.

6.3. Payment for the service must be made by the User within 24 hours after sending to the Contractor (placement in the personal account) an application for obtaining relevant information. In case of non-payment for the service within the specified period, the application is canceled, the User must send (place) it again and pay for the service on the basis of the tariff in force on the day of sending (placement) of the repeated application.

6.4. The User pays for the service to the Contractor in Belarusian rubles by non-cash payment to the account of the Contractor, or by non-cash transfer of electronic funds in one of the payment systems with which the Contractor has concluded the relevant agreements, and in which the Contractor, in accordance with the law, has opened electronic wallets, or which provide receipt of funds paid to the Contractor to his current account.

1. 7. Responsibility of the parties, the procedure for settling disputes

7.1. For failure to comply with the terms of the Agreement, the Parties shall be liable in accordance with the law.

7.2. The Parties are released from liability for non-performance or improper performance of their obligations under the Agreement, if the impossibility of their performance is due to force majeure. The Contractor shall not be liable for any loss or damage (loss of profit, direct, indirect, subsequent, any other damage or loss of profit) of the User and (or) third parties resulting from any failure of the information resource of the Contractor and (or) its partners, as well as any decision or action made on the basis of information received from the Contractor.

7.3. All disputes and disagreements that may arise in the performance of obligations under the Agreement or in connection with it shall be resolved by the Parties through negotiations. If it is impossible to resolve disagreements, disputes are resolved in court at the location of the Contractor. Appeal to the court must be preceded by a mandatory claim procedure for resolving the dispute that has arisen. The parties set a ten-day period for consideration of the received claim.

7.4. The Contractor has the right not to consider claims submitted with a missed deadline established by law or the Agreement.

1. 8. The term of the contract, the procedure for changing it

8.1. The Agreement is valid and applicable to all legal relations arising from the date of its publication and until the decision of the Contractor to terminate the Agreement.

8.2. The Contractor has the right to independently unilaterally change the terms of the Agreement. Continuation of the User's work with the site after this moment is his consent to the changes in the Agreement.

8.3. The Agreement may be terminated by the Contractor unilaterally.

1. 9. Other provisions

9.1. The Parties agree that the information specified by him during registration on the site is considered to be the proper details of the User.

9.2. The Parties recognize the actual force of documents sent through any applicable communication channels in the form of an electronic or facsimile document with reproduction of the seal and signature of the Party.

9.4. The Contractor collects and analyzes the information provided by the Users on the registration and other data of legal entities and individual entrepreneurs, the amounts and grounds for their accounts payable and receivable, financial and economic condition and counterparties, as well as other information that, in accordance with the law, can be attributed by its owner to trade secret. Providing such information to the Contractor is its disclosure and permission to access it, as well as confirmation of the User's consent to verify the accuracy of this information using state information resources.

9.4. By entering into the Agreement, the User confirms that he has read and agreed with its content, with the Privacy Policy of the site, with the tariffs for the services of the site, as well as with other features of the provision of services by the Contractor that are not regulated by the Agreement and the Privacy Policy, but arising from the content of the website .

1. 10. Details of the Contractor

Limited Liability Company "SmartFinSoft"

UNP 192953063

220036, Republic of Belarus, Minsk, st. Kupriyanova, 3, room. 1H

e-mail: [email protected]

tel. +375-44-505-88-98

Bank details:

Account No. BY75 ALFA 3012 2259 4400 1027 0000 in Alfa-Bank CJSC

BIC: ALFABY2X

Bank address: Minsk, st. Red, 7

A thorough check of a potential counterparty has now become a rule of good taste among lawyers. Before concluding a transaction that is significant for the company, shipping goods with a deferred payment, or making a 100% prepayment under the contract, lawyers always try to collect as much information as possible about the counterparty in order to assess the possible risks associated with the unfair behavior of the counterparty.

But if everything is clear with the resources for checking Russian companies (for sure, everyone has a memo with the necessary links and addresses), then what about companies from Belarus? Meanwhile, the verification of such companies should also not be neglected, otherwise there is a risk of getting bad debt instead of economic benefits.

In our practice, we check counterparties from Belarus, using possible paid and free resources, according to the following algorithm:

1. Request for information from the USR about a legal entity and its participants

Cost: 1 base unit (23 BYN or about 700 RUB) for 1 statement.

Where to send the request: Ministry of Justice of the Republic of Belarus (220004, Minsk, Collectornaya st., 10).

Term for providing information: for individuals - 5 calendar days, for legal entities - 7 calendar days.

• in relation to the company: current legal address, full name of the head, history of managers, information about representative offices and branches, founders and participants, history of events that occurred with the company (registration of changes to the Charter, reorganization, etc.);
• in relation to an individual / legal entity: in which legal entities is a specific person (except CJSC, OJSC) a founder (participant).

2. Information about the company's rights to real estate

Cost: 0.4 - 0.5 basic units (9.2 - 11.5 BYN or about 275 - 345 RUB) for 1 statement (each type of statement has its own fee).

Where to apply: State Unitary Enterprise “National Cadastral Agency” (220005, Minsk, Krasnozvezdny lane, 12, 3rd floor) or territorial organizations for state registration of real estate, rights to it and transactions with it.

Who can receive information: a limited circle of persons: the copyright holder or his successor, state bodies, a lawyer for the purposes of drawing up legal documents. At the same time, the lawyer does not have to be a representative of the copyright holder.

Deadline for providing information: on the day of application.

What information can you get:

• on the rights and restrictions existing at the time of issuing the certificate on a specific real estate object
• generalized information about the rights to real estate belonging to a particular person

3. Information on enforcement proceedings initiated against a legal entity / individual entrepreneur

Cost: 3 base units (69 BYN or about 2,100 RUB).

Where to send the request: to the enforcement department at the location of the debtor (the list of departments and their addresses can be found at the link).

Who can receive information: anyone (individual, legal entity), resident of the Republic of Belarus, foreign person.

Deadline for providing information: not established, in practice about 15 calendar days.

What information can you get:

• on the presence of enforcement proceedings initiated against debtors at the time of providing information to the applicant
• on restrictions (encumbrances) established in relation to the debtor and (or) his property in enforcement proceedings

4. Website Information Unified State Register of Legal Entities and Individual Entrepreneurs

What information can be obtained: allows you to check the existence of a business entity, contains information about the account number, date of registration, registration authority, current state of the counterparty (current, in the process of liquidation, in bankruptcy proceedings).

5. Information of the website of the Supreme Court of the Republic of Belarus

The amount of information that can be obtained:

• operative parts of court decisions in cases considered by economic courts with the participation of a counterparty (in the "Electronic Justice" section "Data Bank of Judgments");
• the schedule of court sessions scheduled in economic courts with the participation of the counterparty (in the "Electronic Justice" section "Schedule of Court Sessions");
• information about cases of writ proceedings in economic courts considered with the participation of the counterparty (for the Economic Court of Minsk, for the Economic Court of Minsk Region, for the Economic Court of Grodno Region, for the Economic Court of Brest Region, for the Economic Court of Vitebsk Region, for the Economic Court of Gomel Region , for the Economic Court of the Mogilev Region).

6. Website Information Ministry of Taxes and Dues of the Republic of Belarus

What information can you get:

• on the inclusion of the counterparty in the coordination plan of inspections;
• whether the counterparty has debts to the budget;
• information from the State Register of Payers that does not constitute a tax secret (legal address, taxpayer identification number);
• whether the counterparty is included in the register of commercial organizations and individual entrepreneurs with an increased risk of committing offenses in the economic sphere;
• on the availability of special permits (licenses) for the counterparty to carry out activities in the field of gambling;
• on the inclusion of the counterparty in the register of unscrupulous suppliers (contractors, performers) in the Republic of Belarus who participated in public procurement procedures.

7. Information on the website of the Social Protection Fund of the Ministry of Labor and Social Protection of the Republic of Belarus

The amount of information that can be obtained: about business entities that have the largest amounts of arrears in the payment of mandatory insurance premiums, including the amount of debt.

8. Information from the website of the journal "Justice of Belarus"

What information can you get:

Information on the liquidation of business entities, in particular:

• date of adoption of the decision on liquidation;
• contact details of the liquidator;
• the date of publication of information on liquidation and the deadline for accepting creditors' applications.

9. Website of the Unified State Register of Bankruptcy Information

What information can you get:

• whether a bankruptcy procedure has been opened in relation to the counterparty;
• number of the case pending in the economic court;
• information on the basis of what type of application (application of a creditor, debtor, liquidation commission) a bankruptcy case was initiated;
• information about the administrator in the bankruptcy case;
• key dates in the case (date of commencement of bankruptcy proceedings, date of commencement of bankruptcy proceedings).

10. Information of the website of the Ministry of Justice of the Republic of Belarus from the register of debtors in enforcement proceedings

What information can you get:

• information on the number of enforcement proceedings initiated against the counterparty and being executed for more than 3 months (for which the proceedings have not been completed);
• information on enforcement proceedings against the counterparty, the proceedings for which were completed no more than 3 years ago due to the impossibility of collecting the debt (in whole or in part), the opening of bankruptcy proceedings against the company, the company's decision to liquidate (termination of activities);
• information about the enforcement body, in the production of which are the enforcement proceedings initiated against the counterparty.