Is it necessary to notify the Federal Antimonopoly Service of the Russian Federation on establishment of noncommercial organization?

Till recently according to paragraph 5 of Article 17 of the Federal Law “On competition and limitation of monopolistic activity on goods markets" the founders had to notify MAP (hereinafter -“Ministry for Antimonopoly Policy”) within 45 days from the date of state registration of establishment, merger and reorganization of Association, if there were at least 2 commercial organizations in the structure of such Association.

The procedure and forms of such notification were established by the Order of MAP of RF dated 13.08.1999 #276.

On July 26, 2006 the new Federal Law “On protection of competition” # 135-FS  came into force and it did not establish such requirements.

According to paragraph 2 of Article 53 of the new Federal Law “On protection of competition", the Order of MAP will be valid in part, which does not contradict to the law mentioned above.

To summarize, from the time, when the new Federal Law “On protection of competition" came into force, the mandatory notification of Federal Antimonopoly Service (hereinafter - “FAS”, successor of MAP) for establishment of Association and other noncommercial organizations, is not further required.

In explanatory note to the Federal Law “On protection of competition", placed on the web-site of FAS of RF, it is mentioned that with a purpose of removal of bureaucratic barriers for the realization of state control on economical concentration, new law intends to refuse the antimonopoly control on economical concentration in relation to such actions of legal entities as establishment, merger and reorganization of noncommercial organizations or making changes to the list of participants.