MOSCOW, July 20 – RIA Novosti. The State Duma adopted in the third reading a bill providing for the possibility of creating special inheritance funds in Russia, which can be used to transfer property by inheritance by analogy with Western European funds.

As the author of the bill, Chairman of the State Duma Committee on Legislation Pavel Krasheninnikov, said, the project expands the possibilities of citizens regarding the disposal of their property after death. In particular, it provides for the introduction of a new structure for Russian law - an inheritance fund. “Currently, such a construction in one form or another is present in the law of many states,” Krasheninnikov noted.

The bill provides that the inheritance fund will be created and operate after the death of the citizen-testator. The decision to establish it is formalized by the citizen when drawing up a will. Such a decision must contain information about the establishment of an inheritance fund, about the approval of the charter of the fund and the conditions for managing the fund, about the procedure, size, methods and timing of the formation of the property of the inheritance fund, as well as about persons appointed to the bodies of this fund, or about the procedure for determining such persons , said the head of the State Duma Committee on Legislation.

As the deputy explained, after the death of a citizen, the notary in charge of the inheritance case sends an application to the authorized state body state registration inheritance fund and attaches to the application the testator’s decision to establish the fund. The notary is obliged to send such an application to the authorized body no later than 3 working days from the date of opening the inheritance case, Krasheninnikov added.

The inheritance fund becomes one of the heirs along with the citizens or organizations specified in the will or along with the heirs by law. “This rule ensures the protection of the interests of the creditors of the deceased, who will be able to present their claims for the debts of the testator to all heirs who accepted the inheritance, including the inheritance fund,” added Krasheninnikov.

In addition, the bill protects the rights of minor children of the testator and other heirs who have the right to an obligatory share (property issued to them regardless of the will).

“The management of the fund must be carried out indefinitely or for a certain period in accordance with the conditions that are determined when drawing up the will. The conditions for managing the fund cannot be changed after the death of the citizen who was the founder of the fund,” Krasheninnikov explained.

The fund's property can be replenished during the implementation of its activities by the fund, as well as from income from the management of the fund's property. "From the property transferred to the foundation, or from the income from the management of the foundation's property, distributions will be made to the persons specified in the will. These may be members of the testator's family, various organizations or citizens who are not heirs of the deceased. The project allows for the possibility of paying income or other sums of money (for example , grants) to those citizens who will be determined by the fund’s board of trustees or another,” the deputy noted.

According to him, this will make it possible to implement the will of the deceased, for example, to support gifted children, outstanding scientists, and athletes.

According to Krasheninnikov, inheritance funds are an important tool for inheriting, preserving and developing a business. He believes that such funds will be in demand by the business community.

In addition, Krasheninnikov noted that the introduction of such an institution in Russian law may be, among other things, an anti-offshore measure. “After all, at present it is possible to establish hereditary funds or trusts in many countries of the world, and often Russian entrepreneurs are forced to transfer their business to offshore zones in order to establish such a trust or fund to resolve issues regarding the disposal of assets after death,” Krasheninnikov said.

The most famous example of inherited funds abroad is the Alfred Nobel Foundation, from which the famous Nobel Prizes are paid. Another example is the Robert Bosch Foundation, created by the founder of the German concern Bosch, financed by dividends from the concern’s shares, and providing grants in education, medicine, and culture, the State Duma Committee on Legislation said in a statement.

Business in Russia is a relatively young phenomenon. However, the early entrepreneurs, the pioneers of the 90s and 00s, are gradually reaching an age when a person thinks about the well-being of his loved ones in case he is gone tomorrow.

The first option that comes to mind: the heirs will continue the work of their fathers. The option is indeed not bad, if the heirs wish. And if a son or daughter for some reason does not want or cannot manage the company, what then?

The matter is even more complicated when there are several partners in the business. In such cases, the living participant is tempted to remove the heirs by paying them some kind of “compensation”. On the other hand, heirs who have received a share in the company can simply ruin the business with their actions. It is to solve such seemingly hopeless situations that the legislator introduces the design of an inheritance fund. This design appears in accordance with changes to the Civil Code of the Russian Federation, which come into force on September 1, 2018.

Use case

Let’s imagine that there are two partners “P1” and “P2”. They own the company LLC "A". Specific percentage partners' shares in authorized capital is not of fundamental importance.

“P1” has heirs who, for certain reasons (we will return to them later), cannot rationally manage the company. Moreover, this statement corresponds to the opinion of both partners. However, “P1” still wants to ensure a comfortable existence for his loved ones. To do this, he turns to a notary and draws up a will, under the terms of which, after his death, the notary will create an inheritance fund.

Property "P1" - a share in company "A" - will be transferred to the hereditary fund. The heirs will become the beneficiaries of the fund, and “P2” will manage it.

And here’s where the fun begins: “P1” needs to determine how his heirs will receive a share and/or income from managing it. There can be a lot of options, we believe that most of them depend on the reasons why “P1” decided to create a fund.

The heir is ill or does not want to continue the testator's business.

Solution option: according to the terms of management, beneficiaries must regularly receive part of the income from the use of the inheritance mass (). In this case, the minimum amount of contributions will be set in advance.

Also, the management conditions will provide for a circumstance in the event of which the hereditary fund will transfer all property into the ownership of the heirs. This is a kind of insurance against malicious actions of “P2”. Such circumstances, for example, may be: a delay in periodic contributions, transfers of a smaller amount, or the fund does not have the funds to pay.

In other words, if the fund managed by “P2” stops paying income (even for objective reasons), then the heir receives the right to demand the transfer of the share into his direct ownership.

The described example may not seem very fair in relation to “P2”, because the reasons why the fund does not transfer income can be different, and their occurrence does not always depend on the actions of the remaining partner. At the same time, even if things go badly for objective reasons, we believe that transferring management to the heirs is an adequate solution. What P2 fails to achieve, the heirs can achieve.

The heir is young and does not have sufficient competence to manage.

Solution option: in this case, according to the terms of management, the share in LLC “A” can be transferred to the heir upon reaching a certain age or acquiring the necessary competencies (for example, obtaining two higher education or work experience in a certain specialty).
At the same time, no one prohibits transferring the share in parts. Those. the heir turned 25 years old and received 10% of the share; studied at two universities, another 10%; received work experience in a certain specialty, another 10%. And so on...
Again, it seems that the option is unfair to the minority shareholder. However, think about what has changed in relation to him? Yes, of course, the minority shareholder alone keeps the company afloat, while future perspective- deprivation of control. However, the size of his share remained the same. The status quo has been maintained. In addition, he gets an adequate partner who has gained experience.

After the death of one partner, the remaining partner can buy out his share.

Solution option: management conditions determine the purpose of the fund's existence - the sale of the testator's share to one or more participants of LLC "A". The conditions also establish the value of the share (the procedure for determining it) and the period during which the share must be sold. Thus, the remaining partner can receive an installment plan to purchase a share from the heirs and guarantees of non-interference in operational management on their part, and the heirs can receive a clear understanding of the prospects for settlement. If the terms of the redemption are not met, then the share passes to the heirs, who begin to “steer” in their own way.
In any option, for the purpose of control, the highest collegial body (SCB) may include heirs or proxies of the testator, while the SCB itself may receive the authority to approve transactions for the alienation of the fund’s property.

We would like to note that one option for using an inheritance fund can always be combined with another. For example, “P2” may receive the right to buy out part of the share of “P1”, while the other part will be transferred to the heir gradually.

general information

An inheritance fund is one established by a notary by order of the testator. The fund is created after the death of a citizen, provided that this is provided for by his will. The period for which such a fund is created may be limited. Management bodies: executive (sole or collegial), supreme (supreme collegial body) and supervisory (board of trustees).

The foundation is created to manage the inheritance, that is, what the testator bequeathed. In addition, the fund's property consists of income received through the use of inheritance.

The fund operates for the benefit of a third party - a beneficiary, determined either by the testator independently or by the fund's management bodies (if the testator so wishes).

The inheritance fund does not deprive persons entitled to an obligatory share in the inheritance from receiving it, however, if such a person is a beneficiary of the fund, he is deprived of the obligatory share.

The activities of the fund are regulated by the charter and management conditions. The name must include the words “hereditary fund”. The Fund may be liquidated:

by a court decision on general grounds (for example, in connection with gross violation law allowed at creation);

upon expiration of the period for which it was created;

upon the occurrence of circumstances specified in the conditions of management of circumstances;

if within 1 year from the moment of creation of the fund, it was not possible to form its management bodies.

The property of the liquidated fund is transferred to the beneficiaries. The distribution procedure is determined in the management conditions and may depend on the scope of rights to receive property or the amount of income from the activities of the fund. Management conditions may provide for a different procedure for the distribution of property, including transfer to third parties. If it is impossible to identify such persons, the property is transferred to the ownership of the Russian Federation.

Reorganization of the inheritance fund is not permitted.

Creation order

The decision to create an inheritance fund is made by the founder when drawing up a will. The decision must contain information on the establishment of the hereditary fund, on the approval of the charter and terms of management, on the procedure, size, methods and timing of the formation of the fund’s property, as well as persons appointed to the management bodies or on the procedure for determining such persons.

The documents for registration of the fund are sent by a notary.

Control order

The inheritance fund is managed by an executive body, individual or collegial. Its composition may include individuals and/or legal entities, with the exception of the beneficiary.

The creation of a supreme collegial body and a board of trustees must be provided for in the charter. These bodies may include beneficiaries.

These bodies can be given broad powers, including the right to approve fund transactions. Thus, the testator is able to provide the heirs with a mechanism for monitoring the activities of the fund.

Beneficiary

The identity of the beneficiary (heir) is determined in the terms of management. The law establishes that both specific persons (individuals or legal entities) and entire categories of persons from an indefinite circle can act in this capacity. In addition, the burden of determining the beneficiary can be shifted to the fund’s management bodies (although they must still be guided by the algorithm from the conditions). There are exceptions - commercial organization cannot be a beneficiary.

The beneficiary has the right:

require the establishment of a foundation in accordance with the will;

receive fund property in accordance with the conditions;

waive the right to receive property;

require an audit of the fund’s activities;

become a member of the highest collegial body of the fund (if provided for by the management conditions);

demand compensation for losses incurred due to violation of the terms of fund management.

The beneficiary and the fund are not liable for each other's obligations. The rights of the beneficiary are not alienable, are not inherited and are not transferred in the event of reorganization (with the exception of transformation). After his death (liquidation), new beneficiaries are determined in accordance with the terms of management.

Important point! The law does not directly answer how to get out of a deadlock situation if conditions do not allow the identification of a new candidate. We believe that in this case there are grounds for going to court with a demand to make changes to the management conditions, and if such changes could not be made, with a demand to liquidate the fund on the basis general provisions Civil Code of the Russian Federation on funds.

2. The Fund can be liquidated only on the basis of a court decision made at the request of interested parties, if:

2) the goals of the fund cannot be achieved, and the necessary changes to the goals of the fund cannot be made;

Civil Code of the Russian Federation Article 123.20. Change of the charter and liquidation of the fund

Let us remind you that if after liquidation it is impossible to determine the person to whom the property is transferred, in accordance with the court decision it will become the property of the Russian Federation.

Taxation

The legislator has not yet provided any tax benefits for inherited funds and their beneficiaries.

In addition, there are no changes yet related to taxation when distributing profits from an inheritance fund. We believe that such changes will appear in the Tax Code of the Russian Federation before September 2018. The fact is that if the heir receives property directly from the testator, such income is not taxed.

The following types of income are not subject to taxation (exempt from taxation): individuals:

18) income in cash and in kind received from individuals through inheritance...

Tax Code of the Russian Federation Article 217. Income not subject to taxation (exempt from taxation)

It is possible that changes will be made to the Tax Code of the Russian Federation, according to which property received by the beneficiary within the limits of the original inheritance mass will also not be taxed.

Instead of a resume

Still Russian system the right did not have such tools. Classic inheritance constructs simply don't work for this. Attempts to apply corporate agreements raise a lot of questions, and the creation of private funds abroad is inconvenient for conducting business during one’s lifetime, is unclear from a regulatory point of view, and is accessible to a few categories of persons.

The legacy fund potentially provides a wealth of interesting opportunities. Appearance new design will help solve a lot of problems: avoid corporate conflicts, take into account the interests of the business, maintain the “status quo” of the remaining partner, provide for heirs, and even provide an opportunity to engage in charity from the other world. Maybe Russia will have its own Alfred Nobel.

"4. In the case of the creation of an inheritance fund (Article 123.20-1), the decision to establish an inheritance fund is made by a citizen when he draws up a will and must contain information about the establishment of an inheritance fund after the death of this citizen, about the approval by this citizen of the charter of the inheritance fund and the conditions for managing the inheritance fund , on the procedure, size, methods and terms of formation of the property of the inheritance fund, persons appointed to the bodies of this fund, or on the procedure for determining such persons.

After the death of a citizen, the notary in charge of the inheritance case sends to the authorized state body an application for state registration of the inheritance fund indicating the name of the person (persons) exercising the powers of the sole executive body of the fund.";

2) in article 123.17:

a) paragraph 3 should be supplemented with the words “as well as laws establishing the grounds and procedure for reorganizing the fund”;

b) add paragraph 5 with the following content:

"5. Legal status hereditary funds are determined by this article and articles 123.18 - 123.20 of this Code, taking into account the features provided for in articles 123.20-1 - 123.20-3 of this Code.";

3) subparagraph 1 of paragraph 7 of Chapter 4 is supplemented with articles 123.20-1 - 123.20-3 with the following content:

"Article 123.20-1. Creation of an inheritance fund, conditions for its management and its liquidation

1. An inheritance fund is recognized as a fund created in the manner prescribed by this Code in pursuance of a citizen’s will and on the basis of his property, which carries out activities to manage the property of this citizen received through inheritance indefinitely or for a certain period in accordance with the terms of management of the inheritance fund.

2. An inheritance fund is subject to creation after the death of a citizen who provided for the creation of an inheritance fund in his will, upon an application sent to the authorized state body by a notary in charge of the inheritance case, with the application attached to his decision on the establishment of an inheritance fund drawn up during the life of the specified citizen and approved this citizen of the foundation's charter and after its creation is called upon to inherit by will in the manner prescribed by Section V of this Code.

A will, the terms of which provide for the creation of an inheritance fund, must include the testator's decision to establish an inheritance fund, the charter of the fund, as well as the conditions for managing the inheritance fund. Such a will must be notarized.

An inheritance fund can be created on the basis of a court decision at the request of the executor or beneficiary of the inheritance fund in the event of a notary's failure to fulfill the obligation to create an inheritance fund.

The notary conducting the inheritance case is obliged to send to the authorized state body an application for state registration of the inheritance fund no later than three working days from the date of opening the inheritance case after the death of the citizen who provided for the creation of the inheritance fund in his will. The inheritance fund is not subject to registration after one year from the date of opening of the inheritance.

(see text in the previous edition)

The notary's actions to create an inheritance fund may be challenged by the beneficiaries of the inheritance fund, the executor or heirs if the notary violates the testator's instructions contained in the will or decision to establish an inheritance fund regarding the creation of the inheritance fund and the conditions for its management.

3. The property of the inheritance fund is formed when the fund is created, in the course of its activities, as well as from income from the management of the property of the inheritance fund. Free transfer of property to the inheritance fund by other persons is not permitted.

When creating an inheritance fund and accepting an inheritance, the notary is obliged to issue the fund a certificate of the right to inheritance within the period specified in the decision on the establishment of the inheritance fund, but no later than the period provided for in Article 1154 of this Code. If the notary fails to fulfill these duties, the inheritance fund has the right to appeal the notary’s inaction.

4. The conditions for managing an inheritance fund must include provisions for the transfer to certain third parties (hereinafter also referred to as beneficiaries of the fund) or certain categories of persons from an indefinite circle of persons (hereinafter referred to as certain categories of persons) of all the property of the inheritance fund or part of it, including when the occurrence of circumstances for which it is unknown whether they will occur or not.

The terms of management of a hereditary fund may provide that the beneficiaries of the fund or certain categories of persons to whom the property of the fund is to be transferred are determined by the bodies of the fund in accordance with the conditions of management of the fund.

The procedure for transferring to the beneficiaries of the inheritance fund or certain categories of persons all the property of the fund or part thereof, including income from the activities of the fund, must be determined by the conditions of management of the fund by indicating the type and size of the transferred property or the procedure for determining the type and size of property, including property rights (for example, the right to use property, the right to payment for work, services provided by third parties to beneficiaries or certain categories of persons), the period or frequency of transfer of property, as well as the circumstances upon the occurrence of which such transfer is carried out.

5. The charter of the inheritance fund and the conditions for managing the inheritance fund cannot be changed after the creation of the inheritance fund, with the exception of changes based on a court decision at the request of any body of the fund in cases where management of the inheritance fund on the same terms has become impossible due to circumstances that arose during the creation the fund could not be assumed, and also in the event that it is established that the beneficiary is an unworthy heir (Article 1117), unless this circumstance was known at the time of creation of the hereditary fund.

6. Before the notary sends the application specified in paragraph four of paragraph 2 of this article, the conditions for managing the inheritance fund are brought to the attention of the persons included in the bodies of the fund, and can be disclosed only to the beneficiaries, as well as to the bodies in cases provided for by law state power and local governments.

7. Liquidation of an inheritance fund is carried out by a court decision on the grounds provided for in subparagraphs 1 - 4 of paragraph 3 of Article 61 of this Code, as well as in connection with the onset of the period before the expiration of which the fund was created, the occurrence of circumstances specified in the conditions for managing the inheritance fund, or the impossibility of forming bodies fund (clause 4 of article 123.20-2).

The property remaining after the liquidation of the inheritance fund is subject to transfer to the beneficiaries in proportion to the volume of their rights to receive property or income from the activities of the fund, unless the terms of management of the inheritance fund provide for other rules for the distribution of the remaining property, including its transfer to persons who are not beneficiaries. If it is not possible to determine the persons to whom the property remaining after the liquidation of the inheritance fund is to be transferred, such property, in accordance with a court decision, is subject to transfer into the ownership of the Russian Federation.

8. The name of the inheritance fund must include the words “hereditary fund”.

Article 123.20-2. Management of the inheritance fund

1. An individual or legal entity may act as the sole executive body of an inheritance fund or a member of a collegial body of an inheritance fund. The beneficiary of an inheritance fund cannot act as the sole executive body of the fund or a member of the collegial executive body of the inheritance fund.

2. In cases provided for by the charter of the hereditary fund, a supreme collegial body and a board of trustees are created in it. The highest collegial body of the inheritance fund may include beneficiaries of the fund.

3. Before the notary sends the application for state registration of the hereditary fund specified in paragraph four of paragraph 2 of Article 123.20-1 to the authorized state body, the notary offers the persons specified in the decision on the establishment of the fund, or persons who can be determined in the manner established by the decision on the establishment fund, become a member of the fund's bodies. If these persons agree to join the foundation’s bodies, the notary forwards information about them to the authorized state body.

If the person specified in the decision to establish a foundation refuses to join the foundation’s bodies and it is impossible to form the foundation’s bodies in accordance with the decision to establish the foundation, the notary has no right to send an application to the authorized state body to create a hereditary fund.

4. Replacement of members of the collegial bodies of the inheritance fund and the person exercising the powers of the sole executive body of the inheritance fund is carried out in the manner prescribed by the charter of the fund. The charter of the fund may provide for the procedure for determining the members of the collegial bodies of the fund and the person exercising the powers of the sole executive body of the hereditary fund in the event of their retirement, including the sub-appointment of these persons from a certain list.

If within a year from the date of the need to form the bodies of the inheritance fund (lack of quorum in the collegial bodies of the fund, absence of a sole executive body), such bodies are not formed, the fund is subject to liquidation (clause 7 of Article 123.20-1) at the request of the beneficiary or an authorized government body. Until the expiration of the specified period, the sole executive body of the inheritance fund (if there is such a body) continues to carry out the activities of the inheritance fund in accordance with the terms of management of the inheritance fund.

5. The terms of management of the hereditary fund may provide for the procedure for payment and the amount of remuneration to the person exercising the powers of the sole executive body of the fund, members of the fund’s board of trustees or members of other bodies of the fund for the performance of their duties.

6. The charter of the fund may provide for the need to obtain the consent of the highest collegial body of the fund or another body of the fund for the hereditary fund to carry out transactions specified in the charter.

7. An audit of the activities of the inheritance fund is carried out on the grounds stipulated by the conditions management of the inheritance fund, as well as at the request of the beneficiary in the manner prescribed by paragraph 5 of Article 123.20-3 of this Code.

8. The sole executive body of the hereditary fund is obliged to keep the charter of the fund and the changes and additions made to it, which are registered in in the prescribed manner, a decision to establish a foundation, documents confirming the foundation’s rights to its property, a document containing the conditions for managing the inheritance fund, annual reports, documentation accounting, documents of accounting (financial) statements, minutes of meetings of collegial bodies of the fund, reports of appraisers, conclusions of the audit commission (auditor) of the fund, auditor of the fund, government and municipal authorities financial control, judicial acts on disputes related to the management of the fund, other documents provided for by this Code, the charter of the fund and the conditions for managing the inheritance fund.

2. Beneficiaries of the inheritance fund can be any participants in relations regulated by civil law, with the exception of commercial organizations.

3. The rights of a citizen-beneficiary of an inheritance fund are not inherited. Beneficiary rights - legal entity terminated in the event of its reorganization, with the exception of the case of transformation, if the terms of management of the hereditary fund do not provide for the termination of the rights of such a beneficiary upon its transformation.

After the death of the citizen-beneficiary or the liquidation of the beneficiary - a legal entity, as well as in the case of the beneficiary's refusal of the right to receive property declared to the hereditary fund in a notarial form, new beneficiaries are determined in accordance with the terms of management of the hereditary fund, in particular, they can be determined by sub-appointment.

4. In cases provided for by the charter of the inheritance fund, the beneficiary has the right to request and receive information from the inheritance fund about the activities of the fund.

5. The beneficiary of an inheritance fund has the right to demand an audit of the fund’s activities by an auditor chosen by him. In the case of such an audit, payment for the auditor’s services is carried out at the expense of the beneficiary of the inheritance fund, at whose request it is carried out. The fund's beneficiary's expenses for paying for the auditor's services may be reimbursed to him by decision of the board of trustees from the funds of the fund.

6. In the event of a violation of the terms of management of the hereditary fund, resulting in losses for the beneficiary, the latter has the right to demand compensation if this right is provided for by the charter of the fund.

7. The beneficiary is not liable for the obligations of the inheritance fund, and the fund is not liable for the obligations of the beneficiary."

From September 2018, a new concept will appear in legal terminology – inheritance fund. We suggest you figure out what it is and who will benefit from its creation?

In fairness

The changes made to parts 1, 2 and 3 of the Civil Code of the Russian Federation provided Russians with new opportunities for disposing of property after death. The law on the inheritance fund (IF) will allow you to manage the savings, property and business of the deceased as efficiently as possible.

Any citizen has the right:

create a special form of inheritance management when drawing up a will;

determine the conditions for the functioning of the NF after his death, including who will manage it and how income will flow into it;

approve the charter;

describe the procedure, volumes and methods of replenishing assets;

indicate the managers and the procedure for their appointment;

establish the lifespan of the NF.

Important! Everything that the testator determines during his lifetime is subject to change after his death only in certain cases and exclusively through the court.

In fact, the foundation becomes one of the heirs. All material assets received by the fund can be claimed by:

relatives, including those entitled to an obligatory share;

creditors.

The mechanism will not allow the testator to take advantage of imperfect legislation and hide part of the property from those who have the right to inherit it. The safety of assets will also be ensured, which is not easy to do without an NF if the heirs are elderly parents, spouses or minor children who are unable or unwilling to manage the family business.

How it works?

According to the new law, the inheritance fund begins to function after the death of the testator, who during his lifetime decided all organizational and legal issues on organizing a special form of business management and preservation.

After death, the duties of a notary include:

within 3 days, submit an application for opening an NF along with a will confirming this to the Ministry of Justice;

issue papers to the fund confirming its rights to the inheritance (the deadline for issuing documents is determined by the testator, but according to Article 1154 he cannot delay the deadline for more than six months).

The property of the NF throughout the entire period of its existence will be replenished by effective management. The proceeds will be paid one-time or regularly to a circle of persons whom the testator lists. These can be either family members or complete strangers, for example, company employees or hospital medical staff. Thus, after death, a person will provide financial support to those whom he considers worthy.

On a note! If the will of the deceased was charity, then the NF board of trustees will be able to determine the circle of persons to pay grants or scholarships.

What rights and obligations does the beneficiary (the one who lays claim to the property of the NF) receive?

his rights are not subject to alienation and are not inherited;

cannot pay off its debts using the assets of the NF;

has the opportunity to receive financing based on the conditions prescribed by the deceased;

information about the activities of the fund is open to him;

can go to court to challenge the form of management and other aspects of the work of the NF;

does not have the right to solely manage the NF;

he is allowed to control important transactions and other activities of the fund.

Solving the problem of “lying inheritance”

He clearly explained to the readers “ Russian newspaper», what is an inheritance fund, one of the authors of the bill is Pavel Krasheninnikov, chairman of the Duma Committee on State Construction and Legislation.

In particular, he mentioned solving the problem of “lying inheritance,” when property and any assets are actually “frozen” for six months. This is exactly how long it takes from the moment of a person’s death until the day his relatives receive a certificate of inheritance. During this period, anything can happen to the business, and competitors often take advantage of this “confusion.” The new tool allows you not only to preserve, but also to develop a business by transferring it to the fund.

Before Putin signed the law on the inheritance fund, businessmen could create an NF only abroad, which required transferring assets abroad. Now effective tool also available in Russia. Entrepreneurs will be able to keep their business in home country, and with it jobs, thereby having a beneficial impact on economic development. The step to create a new instrument is especially important in the context of anti-Russian sanctions.

On a note! The possibility of establishing hereditary funds exists in the United States, Britain, Germany, Austria and a number of other countries.

Krasheninnikov also recalled the most striking historical examples of the establishment of hereditary funds:

Nobel - the well-known prizes are paid from it Nobel laureates;

Ford, which contains all the assets of the famous Ford automaker;

Bosha is a name well known to Russians from its popular brand household appliances, but it turns out that the fund, thanks to dividends from shares, supports developments in medicine, science and culture.

The innovation was also discussed at the September meeting of the president with the business community. In general, they supported the idea, emphasizing its relevance “for wealthy people” in connection with the processes of deoffshorization. However, many agreed that they would like to participate in the creation of the SF and its control during their lifetime.

There are concerns about effectiveness new system inheritance and tax authorities. There is no special taxation system for NFs in Russia yet, which means that the possibility of paying double taxes on capital cannot be ruled out.

It remains to say about the last point: the inheritance fund for ordinary people little interesting. They dont have big business and such accumulations that after death it is necessary to create a special organization that would preserve and increase capital.

For ordinary citizens, it would be more interesting to adopt a bill on the mandatory sale of real estate inherited by several owners. It was submitted to the State Duma for consideration back in the spring of 2016, and if it were adopted, there would be fewer family squabbles and fraudulent schemes when one of the homeowners with an inherited share in the apartment survives from the living space of the others.