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P. x., Сн. IV. RIGHT OF FOREIGN COMPANIES.
373
The existence of a treaty or convention of reciprocity between
Russia and any other country does not entitle any company
established in the country in question to conduct operations in Russia.
The privilege to do so is granted in each case by special Imperial
ukas, and Russian law is explicit on that point. No joint stock
company may be established in Russia, or engage in business
transactions within the Empire, without the Imperial sanction. An
exception to this law exists in the case of certain banking
establishments, with a capital not exceeding five million roubles, which may
be authorised by the Ministry of Finance.
No authorisation from the Government is necessary in the following
cases:—
(a) Joint stock companies established for the exclusive sale in
Russia of products manufactured abroad.
(b) Shipping companies engaged in carrying goods and passengers
between Russia and foreign ports.
No company or association legally established abroad is permitted
to conduct business operations in Russia without submitting to the
same regulations as Russian business houses. A.ny such company
must submit the statutes, under which it is to operate in Russia, to
the Government and obtain the requisite sanction of the supreme
authority. In order to avoid unnecessary delay in presenting requests
of foreign companies for permission to operate in Russia, such requests
should be accompanied by the following documents, duly legalised :—
(a) The statutes of the company or society, legalised abroad and
with an attestation by a Russian Diplomatic or State Consular Officer,
to the effect that such statutes are in accordance with local laws.
(b) A power of attorney, legalised by a Russian Diplomatic or
State Consular Officer, given by the particular company or society
in favour of its representative in Russia, authorising him to solicit
permission for the society or company to conduct business operations
in Russia.
(c) In the case of a request for such permission formulated by a
society or company with the object of exploiting a patented invention,
the letters patent, together with explanatory plans or drawings, must
be annexed to the documents mentioned above.
(id) In the case of a foreign society or company already operating
abroad and requesting permission to extend its operations to Russia,
the documents mentioned above must be accompanied by a statement
of the firm’s accounts and a balance sheet covering the last five years,
approved by a general meeting of the shareholders and showing the
annual gross receipts, the expenditure and the net profits on all
operations, as well as the distribution of such profit and the amount of
dividend paid on each share or part share.
(e) All documents annexed to the request for authorisation must
be accompanied by translations into Russian, duly legalised.
All foreign societies which are officially recognised in Russia are
entitled to plead before courts of justice in accordance with the general
laws of the Empire. At the same time a foreign society, being
judicially an individual, cannot plead before such courts otherwise
than through a responsible representative. Consequently, any foreign
§ 337.
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