On 223-FL participant it is impossible to include listing of the electronic certificate of incorporation in the request

7 November 2016, Monday

The conclusion can be drawn from the letter of the Ministry of Economic Development. It is applied if in regulations on purchase and documentation the customer specified that participants are obliged to include the certificate of incorporation in structure of the request.

If the participant after all included listing of the electronic certificate of incorporation in the request, the customer has the right to reject it.

The customer can not provide an obligation of participants in regulations on purchase and documentation to attach the certificate of incorporation to the request. It independently creates a purchasing system and fixes it in regulations on purchase. The law N 223-FL only establishes the general principles of purchasing activity. In this case the participant himself solves, whether to put the statement and in what form it needs to be provided to the request. If the document isn't enclosed, it shan't lead to a request deviation.

To avoid negative consequences, we recommend to the participant before application attentively to study requirements of documentation and regulations on purchase.

Document: Letter of the Ministry of Economic Development of the Russian Federation of 09.09.2016 N D28i-2310

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