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MauerGroup
Strategy of Foreign Business Withdrawal from Russia
Principal forms for the withdrawal of a foreign business from Russia are the following:
1. Closure of representative offices owned by foreign companies
Any representative or branch office of a foreign company can be liquidated at any time by the decision of the managing head of this company. The closure will take effect with the submission of the respective application and all required documents to the organ which executed the accreditation of the representative office in Russia.
2. Sale of shares of equity capital of Russian companies with foreign investments
Foreign investors who are owners of shares in Russian companies have a free right to sell their shares of the respective Russian company, under the Russian corporate legislation.
3. Liquidation of Russian companies where foreign investors have shares
Foreign investors who are owners of shares in a Russian company are entitled to decide jointly with other shareholders on the liquidation of these companies at any time under the Russian corporate legislation.
4. Repatriation of Revenues
Article 11 of Federal Law of the Russian Federation "On foreign investment in the Russian Federation" guarantees the opportunity to transfer revenues, profits and other lawfully gained sums of money outside the Russian Federation.
Foreign investors in Russia who after paying the relevant taxes and dues are granted unhindered overseas transfer of the profits gained in a foreign currency. Ruble revenues can be used in two-ways: either to be reinvested in the territory of the Russian Federation or can be sold on the domestic currency market, in compliance with legislation, and then transferred abroad.
Lawfully gained money of foreign investor comprises:
- revenues from investments, gained in the form of profits, dividends, interest or other proceeds
- sums of money, gained for fulfilling requirements according to agreements and deals
- sums of money, gained by foreign investors as a result of the liquidation of commercial enterprises with foreign investments or branches of foreign legal entities or transference of invested property, rights of property and exclusive rights for the results of intellectual activity as well as the disposal of their shares in Russian companies.
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