This question is repeatedly asked by our clients when they find out that in addition to registering a company with the tax authority, registration with the Federal Service for Financial Monitoring is also necessary. Over the past few years, many real estate agencies, pawnshops, and leasing companies have encountered control by the Federal Service for Financial Monitoring when carrying out their activities.

What is this organ? Federal Service for Financial Monitoring(hereinafter referred to as Rosfinmonitoring) is a federal executive body authorized to take measures to combat the legalization (laundering) of proceeds from crime and the financing of terrorism and to coordinate the activities of other federal executive bodies in this area. The activities of Rosfinmonitoring are managed by the Government of the Russian Federation.

Organizations are subject to registration with Rosfinmonitoring listed in Art. 5 of the Law on Combating the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism No. 115-FZ of August 7, 2001. (hereinafter referred to as the Anti-Counteraction Law). Such organizations include: leasing companies, credit organizations; insurance organizations; pawnshops; organizations engaged in the purchase, purchase and sale of precious metals and precious stones, jewelry made from them and scrap of such products; organizations containing betting shops and bookmakers, as well as payment acceptance operators and others.

Rosfinmonitoring employees inspect organizations:

• on the fact of registration with the interregional body of the Federal Service for Financial Monitoring,
• as well as the presence in the organization of the so-called “Rules of internal control for the purpose of combating the legalization (laundering) of proceeds from crime and the financing of terrorism,” agreed upon with Rosfinmonitoring.

All organizations specified in paragraph 5 of the Law on Counteraction must provide information about transactions carried out in the company. In addition, information about transactions performed should not be provided in any form, but according to strictly established patterns. Thus, on March 21, 2010, Order No. 245 dated October 5, 2009 “On approval of the Instructions on the submission to the Federal Financial Monitoring Service of information provided for by the Federal Law of August 7, 2001 No. 115-FZ “On Countering Legalization ( laundering) proceeds from crime and the financing of terrorism" (hereinafter referred to as the Instructions). According to the order, from March 21, 2010, organizations are required to send information to Rosfinmonitoring in accordance with the new Instructions. The novelty of the Instructions lies in the change in the form of information submission: in the form of an electronic formalized messages. Those companies that submitted information on paper will have to switch to an electronic version.

Due to the lack of information from the management of the legal entity about legislation in the field of combating the legalization (laundering) of proceeds from crime and the financing of terrorism, which sets requirements for the organization to register with Rosfinmonitoring, develop and approve the Internal Control Rules, the audited the organization may be brought to administrative liability.

So, in accordance with Art. 15.27 of the Code of Administrative Offenses of the Russian Federation, an administrative fine in the amount of ten thousand to twenty thousand rubles may be imposed on officials of an organization for these offenses, and on the legal entity itself - from fifty thousand to five hundred thousand rubles, or an administrative suspension of activities may be applied for a period of up to ninety days.

So, what does a legal entity need to do to register with Rosfinmonitoring, develop and agree on Internal Control Rules?

According to the law, real estate agencies, pawnshops, leasing companies, as well as organizations running betting shops and bookmakers, must register with Rosfinmonitoring within 30 days from the date of state registration of the legal entity. What to do if a lot of time has passed since state registration, and you have just learned about the need to register your organization? The answer is simple: despite the administrative violation already taking place on your part, you still need to register.

To register, an organization must submit to Rosfinmonitoring an application for registration, as well as a special registration card certified by a notary.

Having received your documents, Rosfinmonitoring makes a decision to register or refuse to register the organization within a period not exceeding ten days from the date of submission of the package of documents. The result should be notification that a decision has been made.

If, in the course of its activities, the organization changes the information that it indicated in the registration card, this must also be reported.

Simultaneously with the registration of the organization, it is necessary to begin the process of developing and approving the Internal Control Rules (hereinafter referred to as the Rules).

Internal control rules- a structurally complex document containing a set of various Programs aimed at compliance and implementation of legislation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism. Based on the Rules, organizations carrying out transactions with funds or other property are required to document information about their clients and transactions carried out with them.

In accordance with regulatory requirements, the Rules are approved by the head of organizations within 1 (one) month from the date of state registration of the legal entity, after which they are submitted for approval to Rosfinmonitoring.

Before sending the developed Rules for approval, you should pay special attention to the requirements for their execution. In the organization that must register, there must be a special official who maintains the Rules in order to prevent the legalization (laundering) of proceeds from crime and the financing of terrorism and is responsible for the implementation of internal control programs.

There are special requirements for the work of this official, namely:

• availability of higher professional education in specialties belonging to the group of specialties “Economics and Management”, or in the specialty “Jurisprudence”, confirmed in the prescribed manner, and in the absence of this education - at least two years of work experience in positions related to the performance of duties to counteract money laundering and financing of terrorism;
• the official must undergo training. Requirements for the preparation and training of the organization’s personnel, including forms, programs, frequency and timing of training and education, are established by Rosfinmonitoring.

The Internal Control Rules must be accompanied by a statement of approval of the Rules. Then the entire package of documents must be submitted to the Federal Service for Financial Monitoring.

Having received your documents, Rosfinmonitoring is obliged to consider the application for approval of the Internal Control Rules, and then agree on the rules, or send a letter containing a reasoned refusal.

In this way, registration is carried out with the Federal Service for Financial Monitoring. For organizations that are registering for the first time, I consider it advisable to contact a specialist in order to avoid refusal to register and approval of the Internal Control Rules, as well as penalties from Rosfinmonitoring.

Petrova Svetlana Vladimirovna,
company registration specialist
Kazan Legal Center.

(registration with the Federal Service for Financial Monitoring) according to the new rules of Rosfinmonitoring

Since 2019, the procedure for registering with financial monitoring has changed significantly and has become much more complicated.

We are ready to take on all issues related to registering your organization or individual entrepreneur with Rosfinmonitoring. We remind you that The following organizations and individual entrepreneurs are subject to registration with Rosfinmonitoring:

A) leasing companies;

B) payment acceptance operators;

C) organizations providing intermediary services in transactions of purchase and sale of real estate;

D) individual entrepreneurs providing intermediary services in transactions of purchase and sale of real estate;

D) commercial organizations entering into financing agreements for the assignment of monetary claims as financial agents.

The cost of registration with Rosfinmonitoring is 2800 rubles.

When ordering mandatory internal control rules or targeted training on AML/CFT get 50% discount for registration with Rosfinmonitoring.

How to order a registration order with Rosfinmonitoring? To order such a request, simply write to us at the email address:

or call us 8-903-686-31-87

We remind you that the obligation to register with a territorial body by organizations and individual entrepreneurs must be fulfilled by these persons within 30 calendar days from the date of state registration of a legal entity or individual entrepreneur in the manner prescribed by the legislation of the Russian Federation, or from the date of making appropriate changes to the constituent documents documents of a legal entity in the manner prescribed by the legislation of the Russian Federation, or making changes to the information contained in the Unified State Register of Legal Entities or the Unified State Register of Individual Entrepreneurs, but no later than the working day preceding the day of concluding the first contract for the provision of relevant services.

For late registration with Rosfinmonitoring, a fine of 50,000 - 100,000 rubles is provided (Article 15.27 of the Code of Administrative Offenses of the Russian Federation).

Management of our company, meeting at Rosfinmonitoring, 2016.

It doesn’t matter to us what region you are in. We are ready to register your organization or individual entrepreneur with any regional branches of Rosfinmonitoring:

1) Interregional Directorate of the Federal Service for Financial Monitoring for the Central Federal District (MRU of Rosfinmonitoring for the Central Federal District);

2) Interregional Directorate of the Federal Service for Financial Monitoring for the Northwestern Federal District (MRU of Rosfinmonitoring for the Northwestern Federal District);

3) Interregional Directorate of the Federal Service for Financial Monitoring for the Southern Federal District (RU of Rosfinmonitoring for the Southern Federal District);

4) Interregional Directorate of the Federal Service for Financial Monitoring for the Volga Federal District (MRU of Rosfinmonitoring for the Volga Federal District);

5) Interregional Directorate of the Federal Service for Financial Monitoring for the Ural Federal District (RU of Rosfinmonitoring for the Ural Federal District);

6) Interregional Directorate of the Federal Service for Financial Monitoring for the Siberian Federal District (MRU of Rosfinmonitoring for the Siberian Federal District);

7) Interregional Directorate of the Federal Service for Financial Monitoring for the Far Eastern Federal District (MRU of Rosfinmonitoring for the Far Eastern Federal District);

8) Interregional Directorate of the Federal Service for Financial Monitoring for the North Caucasus Federal District (MRU of Rosfinmonitoring for the North Caucasus Federal District);

9) Interregional Department of the Federal Service for Financial Monitoring for the Crimean Federal District (MRU of Rosfinmonitoring for the KFO).

Attention! The procedure for registering organizations and individual entrepreneurs with Rosfinmonitoring has changed significantly since 2019 due to the adoption by Rosfinmonitoring of new regulations governing the registration procedure with the Federal Service for Financial Monitoring.

Head of Rosfinmonitoring Chikhanchin Yu.A.

And the head of our Company Smyslov P.A., 2016

Please note that we have a certificate of a specialist who has the right to carry out educational activities in the field of combating money laundering and the financing of terrorism (Certificate in the name of Smyslov P.A. with registration number 2404-302 dated September 12, 2013, issued by the International Educational methodological center for financial monitoring, established by the Federal Service of the Russian Federation for Financial Monitoring). Thus, we have not only many years of practical experience in organizing internal control in the field of AML/CFT and developing internal control rules, but also corresponding documented qualifications in this area of ​​service provision.

Procedure for registration with the Federal Service for Financial Monitoring. Registration deadlines. Penalties for late registration with Rosfinmonitoring.

Question: According to the list of organizations that must register with Rosfinmonitoring include realtors, how to determine and understand exactly when to register an organization, for example, if, according to the OKVED code - Activities of real estate agencies for a fee or on a contractual basis, it is engaged in this, but not yet a concluded agreement to search for such a thing, will there be a fine if you submit it now, not from the moment it is opened to Rosfinmonitoring?

Answer:

Organizations that provide intermediary services in real estate purchase and sale transactions are subject to registration with Rosfinmonitoring (http://www.fedsfm.ru/companies/registration).

Registration with the territorial body of organizations and individual entrepreneurs is carried out within 30 calendar days from the date of state registration of a legal entity or individual entrepreneur in the manner prescribed by the legislation of the Russian Federation, or from the date of making relevant changes to the constituent documents of the legal entity in the manner prescribed by the legislation of the Russian Federation, or making changes to the information contained in the Unified State Register of Legal Entities or the Unified State Register of Individual Entrepreneurs, but no later than the working day preceding the day of concluding the first contract for the provision of relevant services.

This follows from paragraph 3 of the Decree of the Government of the Russian Federation dated January 27, 2014 No. 58
“On approval of the Regulations on registration with the Federal Service for Financial Monitoring of organizations carrying out transactions with funds or other property, and individual entrepreneurs in whose field of activity there are no supervisory authorities.”

Yes, you may be held administratively liable under Part 1 of Article 15.27 of the Code of Administrative Offenses of the Russian Federation and the punishment may be as follows: a warning or the imposition of an administrative fine on officials in the amount of ten thousand to thirty thousand rubles; for legal entities - from fifty thousand to one hundred thousand rubles.

Rationale

Decree of the Government of the Russian Federation dated January 27, 2014 No. 58
“On approval of the Regulations on registration with the Federal Service for Financial Monitoring of organizations carrying out transactions with funds or other property, and individual entrepreneurs in whose field of activity there are no supervisory authorities.”

"3. Registration with a territorial body of organizations and individual entrepreneurs is carried out within 30 calendar days from the date of state registration of a legal entity or individual entrepreneur in the manner prescribed by the legislation of the Russian Federation, or from the date of making appropriate changes to the constituent documents of the legal entity in the manner prescribed by the legislation of the Russian Federation Federation, or making changes to the information contained in the Unified State Register of Legal Entities or the Unified State Register of Individual Entrepreneurs, but no later than the working day preceding the day of concluding the first contract for the provision of relevant services.”

Code of Administrative Offenses of the Russian Federation

Article 15.27. Failure to comply with the requirements of legislation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism

1. Failure to comply with legislation regarding the organization and (or) implementation of internal control, which did not result in failure to provide information about transactions subject to mandatory control, or about transactions in respect of which employees of an organization carrying out transactions with funds or other property suspect that they are carried out for the purpose of legalizing (laundering) proceeds from crime or financing terrorism, as well as entailing the submission of said information to the authorized body in violation of the established procedure and deadlines, except for the cases provided for in parts 1.1 - of this article -
entails a warning or the imposition of an administrative fine on officials in the amount of ten thousand to thirty thousand rubles; for legal entities - from fifty thousand to one hundred thousand rubles.

1.1. Failure of a credit organization to comply with the requirements of the legislation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism in terms of developing internal control rules and (or) appointing special officials responsible for implementing internal control rules, except for the cases provided for in parts 1 and 2 of this article, -
entails a warning or the imposition of an administrative fine on officials in the amount of ten thousand to twenty thousand rubles; for legal entities - in the amount of one hundred thousand to two hundred thousand rubles.

2. Actions (inaction) provided for in Part 1 of this article, resulting in the failure to submit to the authorized body information about operations subject to mandatory control, and (or) the submission to the authorized body of false information about operations subject to mandatory control, as well as failure to provide information about operations, in respect of which employees of an organization carrying out transactions with funds or other property suspect that they are carried out for the purpose of legalization (laundering) of proceeds from crime or financing of terrorism, except for the cases provided for in Part 1.1 of this article -
entail the imposition of an administrative fine on officials in the amount of thirty thousand to fifty thousand rubles; for legal entities - from two hundred thousand to four hundred thousand rubles or administrative suspension of activities for a period of up to sixty days.

2.1. Failure to comply with legislation regarding the blocking (freezing) of funds or other property or the suspension of transactions with funds or other property -

2.2. Failure to submit to the authorized body information on cases of refusal on the grounds specified in Federal Law of August 7, 2001 No. 115-FZ "On combating the legalization (laundering) of proceeds from crime and the financing of terrorism" from concluding (executing) bank account agreements (deposits) with clients and (or) from conducting operations -
shall entail the imposition of an administrative fine on officials in the amount of thirty thousand to forty thousand rubles; for legal entities - from three hundred thousand to five hundred thousand rubles or administrative suspension of activities for a period of up to sixty days.

2.3. Failure to submit to the authorized body, upon its request, information available to an organization carrying out transactions with funds or other property about clients' transactions and about the beneficial owners of clients, or information about the movement of funds through the accounts (deposits) of its clients -
shall entail the imposition of an administrative fine on officials in the amount of thirty thousand to fifty thousand rubles; for legal entities - in the amount of three hundred thousand to five hundred thousand rubles.

3. Obstruction by an organization carrying out transactions with funds or other property from carrying out inspections by an authorized or relevant supervisory body, or failure to comply with orders issued by these bodies in order to combat the legalization (laundering) of proceeds from crime and the financing of terrorism, -
shall entail the imposition of an administrative fine on officials in the amount of thirty thousand to fifty thousand rubles or disqualification for a period of one to two years; for legal entities - from seven hundred thousand to one million rubles or administrative suspension of activities for a period of up to ninety days.

4. Failure of an organization carrying out transactions with funds or other property, or its official, to comply with the legislation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism, which resulted in the legalization (laundering) of proceeds established by a court verdict that has entered into legal force criminally, or financing terrorism, if these actions (inaction) do not contain a criminal offense, -19
shall entail the imposition of an administrative fine on officials in the amount of thirty thousand to fifty thousand rubles or disqualification for a period of one to three years; for legal entities - from five hundred thousand to one million rubles or administrative suspension of activities for a period of up to ninety days.
Notes: 1. For administrative offenses provided for in this article, persons engaged in business activities without forming a legal entity bear administrative liability as legal entities.1

In what cases should an organization register with the Federal Service for Financial Monitoring?

The organization registers with the territorial body of the Federal Service for Financial Monitoring. For a complete list of companies subject to registration with this service, read the article.

Question: In what cases does an LLC register with the Federal Financial Monitoring Service?

Answer: The following organizations are subject to registration with the territorial body of the Federal Service for Financial Monitoring:

Leasing companies;

Payment acceptance operators;

Organizations providing intermediary services in real estate purchase and sale transactions;

Commercial organizations entering into financing agreements for the assignment of monetary claims as financial agents (clause 2 of the Regulations on registration with the Federal Service for Financial Monitoring of organizations carrying out transactions with cash or other property, and individual entrepreneurs in whose field of activity there are no supervisory authorities).

If your organization falls under the above list, then you are required to register with the Federal Service for Financial Monitoring.

This must be done within 30 calendar days from the date of state registration of the organization or from the date of making relevant changes to the constituent documents of the legal entity or to the Unified State Register of Legal Entities, but no later than the working day preceding the day of concluding the first agreement for the provision of relevant services.

For violation of the above obligation, liability is provided under Art. 15.27 Code of Administrative Offenses of the Russian Federation.

Rationale

Information letter of Rosfinmonitoring dated March 12, 2014 No. 34
On registration with the Federal Service for Financial Monitoring of organizations carrying out transactions with cash or other property, and individual entrepreneurs in whose field of activity there are no supervisory authorities

Code of the Russian Federation on Administrative Offenses

Article 15.27. Failure to comply with the requirements of legislation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism

1. Failure to comply with legislation regarding the organization and (or) implementation of internal control, which did not result in failure to provide information about transactions subject to mandatory control, or about transactions in respect of which employees of an organization carrying out transactions with funds or other property suspect that they are carried out for the purpose of legalization (laundering) of proceeds from crime or the financing of terrorism, as well as entailing the submission of said information to the authorized body in violation of the established procedure and deadlines, except for the cases provided for in parts 1.1 - of this article, - entails a warning or imposition of an administrative fine on officials in the amount of ten thousand to thirty thousand rubles; for legal entities - from fifty thousand to one hundred thousand rubles.

1.1. Failure of a credit organization to comply with the requirements of the legislation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism in terms of developing internal control rules and (or) appointing special officials responsible for implementing internal control rules, except for the cases provided for in parts 1 and 2 of this article - entails a warning or the imposition of an administrative fine on officials in the amount of ten thousand to twenty thousand rubles; for legal entities - in the amount of one hundred thousand to two hundred thousand rubles.

2. Actions (inaction) provided for in Part 1 of this article, resulting in the failure to submit to the authorized body information about operations subject to mandatory control, and (or) the submission to the authorized body of false information about operations subject to mandatory control, as well as failure to provide information about operations, in respect of which employees of an organization carrying out transactions with funds or other property have suspicions that they are carried out for the purpose of legalization (laundering) of proceeds from crime or financing of terrorism, with the exception of the cases provided for in part 1.1 of this article, - shall entail imposition of an administrative fine on officials in the amount of thirty thousand to fifty thousand rubles; for legal entities - from two hundred thousand to four hundred thousand rubles or administrative suspension of activities for a period of up to sixty days.

2.1. Failure to comply with the legislation regarding the blocking (freezing) of funds or other property or the suspension of transactions with funds or other property - entails the imposition of an administrative fine on officials in the amount of thirty thousand to forty thousand rubles; for legal entities - from three hundred thousand to five hundred thousand rubles or administrative suspension of activities for a period of up to sixty days.

2.2. Failure to submit to the authorized body information on cases of refusal on the grounds specified in Federal Law of August 7, 2001 No. 115-FZ "On combating the legalization (laundering) of proceeds from crime and the financing of terrorism" from concluding (executing) bank account agreements (deposits) with clients and (or) from conducting operations - entails the imposition of an administrative fine on officials in the amount of thirty thousand to forty thousand rubles; for legal entities - from three hundred thousand to five hundred thousand rubles or administrative suspension of activities for a period of up to sixty days.

2.3. Failure to submit to the authorized body, at its request, the information available to an organization carrying out transactions with funds or other property about the transactions of clients and about the beneficial owners of clients or information about the movement of funds through the accounts (deposits) of its clients - entails the imposition of an administrative fine on officials in in the amount of thirty thousand to fifty thousand rubles; for legal entities - in the amount of three hundred thousand to five hundred thousand rubles.

3. Obstruction by an organization carrying out transactions with funds or other property from carrying out inspections by an authorized or relevant supervisory body or failure to comply with orders issued by these bodies in order to combat the legalization (laundering) of proceeds from crime and the financing of terrorism - shall entail the imposition of an administrative fine. on officials in the amount of thirty thousand to fifty thousand rubles or disqualification for a period of one to two years; for legal entities - from seven hundred thousand to one million rubles or administrative suspension of activities for a period of up to ninety days.

4. Failure of an organization carrying out transactions with funds or other property, or its official, to comply with the legislation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism, which resulted in the legalization (laundering) of proceeds established by a court verdict that has entered into legal force by criminal means, or financing of terrorism, if these actions (inaction) do not contain a criminal offense - shall entail the imposition of an administrative fine on officials in the amount of thirty thousand to fifty thousand rubles or disqualification for a period of one to three years; for legal entities - from five hundred thousand to one million rubles or administrative suspension of activities for a period of up to ninety days.
Notes: 1. For administrative offenses provided for in this article, persons engaged in business activities without forming a legal entity bear administrative liability as legal entities.1

2. For administrative offenses provided for in parts 1 and this article, employees of an organization carrying out transactions with funds or other property, whose duties include identifying and (or) providing information about transactions subject to mandatory control, or about transactions in respect of which there are suspicions that they are carried out for the purpose of legalizing (laundering) proceeds from crime or financing terrorism, they are held accountable as officials.

3. Administrative liability provided for by this article does not apply to credit institutions, except for the cases provided for in parts 1.1.”

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