Checking the company by unp. Checking contractors from Belarus. Free public resources

for the provision of information services

This Public Agreement (hereinafter referred to as the Agreement) is considered to be concluded between the Limited Liability Company SmartFinSoft, hereinafter referred to as the “Contractor”, and any legal entity, individual entrepreneur or citizen - user of the information resource posted on the website (hereinafter referred to as the website , website), hereinafter referred to as the "User", who has accepted (accepted) a 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 governed 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 referred to as the service), as well as the rights, obligations and relationships between the Contractor and the User, hereinafter referred to separately as "Party", and together - "Parties".

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

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

Conduct by the User (legal entity or individual entrepreneur) the assignment of 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 the site in the personal account.

1. 2. Procedure for concluding a contract

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

2.2. The actions of any persons specified in subparagraph 2.1 of this paragraph are consent to the conclusion of the Agreement and the 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 Internet site.

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, accounts receivable and (or) accounts payable, other information provided by the corresponding forms of the site 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 separate information provided 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 the appropriate changes in the personal account, including correct the information provided during registration, delete outdated and outdated information, add and update information about 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 emails 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 reimbursable (provided for a fee), the User must pay in advance in accordance with the instructions contained in the site interface.

3.6. The provision of a paid service 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) placing a notification 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 (posting) such a report by the Contractor.

1. 4. The Contractor undertakes:

4.1. - to provide services to the User in a quality manner and as soon as possible, provided that the User himself and other Users comply with all the requirements of this Agreement, if there are technical capabilities and in the absence of force majeure;

4.2. not to disclose and not to use at its own discretion the information transmitted by the User to the site, except for the cases provided for by the Agreement, legislation, the Site's Privacy Policy and the User's instructions;

4.3. immediately, as soon as the service delivery reports 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 site interface;

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

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

1. 6. The cost of the services provided and the procedure for settlements

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 the new tariffs are posted on the site.

6.2. The tariffs for the service are considered valid at the time the User sends (places) an application for obtaining the relevant information.

6.3. Payment for the service must be made by the User within 24 hours after the submission to the Contractor (placement in the personal account) of the application for obtaining the relevant information. In case of non-payment for the service during the specified period, the application is canceled, the User must send (post) it again and pay for the service based on the tariff in effect on the day of sending (posting) 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 wire transfer of electronic funds in one of the payment systems with which the Contractor has entered into relevant agreements, and in which the Contractor has opened electronic wallets in accordance with the legislation, or which provide receipt of funds paid to the Contractor to his current account.

1. 7. Responsibility of the parties, dispute settlement procedure

7.1. For failure to comply with the terms of the Agreement, the Parties are responsible in accordance with the law.

7.2. The parties are exempt from liability for non-fulfillment or improper fulfillment of their obligations under the Agreement, if the impossibility of their fulfillment is due to the action of force majeure. The Contractor is not responsible for any loss or damage (loss of profit, direct, indirect, subsequent, any other damage or lost profits) of the User and (or) third parties, which is the result of 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 are resolved by the Parties through negotiations. If it is impossible to resolve the differences, disputes are resolved in court at the location of the Contractor. The 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 considering the received claim.

7.4. The Contractor has the right not to consider claims submitted with the omission of the deadlines established by law or the Agreement.

1. 8. The term of the agreement, 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 after this moment of the User's work with the site 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 proper details of the User are the information specified by him when registering on the site.

9.2. The Parties acknowledge the factual force of documents sent via 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 about the registration and other data of legal entities and individual entrepreneurs, the amounts and grounds of 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 secrets. The provision of 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 concluding the Agreement, the User confirms that he has read and agreed with its content, with the website's Privacy Policy, with the rates for the website's services, as well as with other features of the provision of services by the Contractor, 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, pom. 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

What information can be obtained in Belarus to help check the reliability and honesty of companies with which cooperation has already been established / planned? How much is it? By Andrey Vashkevich, lawyer, partner of the Stepanovsky, Papakul and Partners law firm.

- Only the lazy is not talking about non-payments and problems with counterparties. The courts are efficient, but the actual collection of the debt can take months, if not years. The debtor may go bankrupt and not be able to receive the money. Therefore, the principle is more effective than ever: the best way to deal with violation is prevention. But is it possible to receive information about current and potential counterparties?

In a number of countries, information on commercial organizations and entrepreneurs is publicly available. Includes including balance sheets, profit and loss statements, information about the founders (members, shareholders) and directors.

Paid resources provide an opportunity to obtain comprehensive information about the financial condition, litigation and other significant aspects of activities.

In Belarus, the ability to access information about the counterparty is limited. Nevertheless, a number of Internet resources allow you to get an idea of ​​the state of the counterparty.

Free public resources

To protect yourself from the occurrence of receivables, it is important verification of the counterparty at the stage of concluding an agreement.

Equally important and regular checking of existing counterparties. For example, if you find that it has been included in the audit plan, then, in case of any problems with it, the tax audit will affect you as well. Or once an agreement was concluded with a company, the deal was closed and forgotten. But after a while you are required to pay additional taxes due to the recognition of the counterparty as a pseudo-structure. To avoid unpleasant consequences, preparation is required.

Below are the sites and services for checking counterparties for free and for a fee.

Checking counterparties via the Internet yourself

There are both paid and free resources in Belarus. With the help of paid ones, you will receive comprehensive data about the companies with which you have established or are just planning to cooperate:

• Financial condition;
• About litigation;
• About liquidation, etc.

Limited information is available on free resources about the state of entrepreneurs.

The counterparty is checked by the UNP (registration number).

What can you find out about for free?

About registration and current status

Obviously, it is worth cooperating only with legal entities. Thanks to the resource, you will be able to verify the existence of the organization and the reliability of the data provided by it.

The register will notify you of the registration and current status of a legal entity and an individual entrepreneur: whether the company is active, in the process of liquidation or bankrupt.

Counterparty verification services provide a free demo access, which will help you draw a conclusion about their convenience.

Where else can you check the counterparty?

• Extract from the Unified State Register of Legal Entities and Individual Entrepreneurs

Price: 24,50 BYN

Timing: 7 calendar days from the day following the day of submission of the request

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

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 audit of such companies should not be neglected either, 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 value (23 BYN or about 700 RUB) for 1 statement.

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

The 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 happened to the company (registration of changes to the Charter, reorganization, etc.);
• in relation to an individual / legal entity: in which legal entities a specific person is a founder (participant) (except for CJSC, OJSC).

2. Information about the rights to real estate owned by the company

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

Where to go: 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 obtain information: a limited number of persons: the copyright holder or his successor, government agencies, a lawyer for the purpose of drafting legal documents. At the same time, a lawyer does not have to be a representative of the copyright holder.

Term for providing information: on the day of application.

What information can be obtained:

• on the rights and restrictions existing at the time of issuance of the certificate for a specific object of immovable property
• 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 basic units (69 BYN or about 2,100 RUB).

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

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

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

What information can be obtained:

• on the availability 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 registration number, date of registration, registering authority, current status of the counterparty (acting, 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 section "Electronic justice" "Databank of court decisions");
• the schedule of court sessions scheduled in economic courts with the participation of the counterparty (in the section "Electronic justice" "Schedule of court sessions");
• information about cases of order proceedings in economic courts considered with the participation of a counterparty (for the Economic Court of Minsk, for the Economic Court of the Minsk Region, for the Economic Court of the Grodno Region, for the Economic Court of the Brest Region, for the Economic Court of the Vitebsk Region, for the Economic Court of the Gomel Region , for the Economic Court of the Mogilev Region).

6. Website information Ministry of Taxes and Duties of the Republic of Belarus

What information can be obtained:

• on the inclusion of the counterparty in the coordination plan of inspections;
• about the counterparty's debt to the budget;
• information from the State Register of Payers that does not constitute a tax secret (legal address, taxpayer registration 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 whether the counterparty has special permits (licenses) 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 with the largest amounts of overdue arrears in the payment of mandatory insurance premiums, including the amount of arrears.

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

What information can be obtained:

Information on the liquidation of business entities, in particular:

• the date 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 be obtained:

• whether the bankruptcy procedure is open with respect to the counterparty;
• the number of the case pending in the economic court;
• information on the basis of what type of application (application of the creditor, debtor, liquidation commission) the bankruptcy case was initiated;
• information about the bankruptcy administrator;
• key dates in the case (date of commencement of bankruptcy proceedings, date of opening of bankruptcy proceedings).

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

What information can be obtained:

• 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 in relation to 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 decision of the company to liquidate (terminate activities);
• information about the body of compulsory execution, which is in charge of enforcement proceedings initiated against the counterparty.

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

First of all, note that in Belarus, the situation with the availability of business information is significantly different from the Russian one... Differences in legislation, business culture, and a different development of the information services market in general have an effect.

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 (analogous to our USRLE) 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 OJSCs; in relation to companies with other organizational and legal forms, such data cannot be obtained 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 also offer the provision of 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 conducted by the Ministry of Taxes and Duties 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-business or illegal entrepreneurial activity are recorded; violations of tax legislation; violation of the use of seals and forms of strict reporting; location outside the legal address and not notifying the registration authorities of 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 avoids cooperation with the most "malicious" violators.

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

3. Information about companies in arrears to the budget (http://www.nalog.gov.by). Important data, but no archive and often a little outdated.

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

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

Of the main available Belarusian Internet resources, these are, perhaps, the most significant, which can be used for an initial, 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. Thus, the information service implemented by the consulting agency deserves attention. "KRBS" (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. The preparation uses state resources and reliable sources of information. In our opinion, a sufficiently high-quality information product containing complete registration data, information on the current status, management, staff, founders, the size and distribution of the authorized capital, the field of activity, affiliated companies, the 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 rather they are more exposed to risks, especially in cases with deferred payments for deliveries to the Russian Federation. However, due diligence is necessary and important in any cooperation, including when working with Belarusian counterparties.