The agreement on 223-FL: the customer can replace the supplier with the legal successor by reorganization

Change is possible if the partner of the customer was reorganized in the form of transformation, merge or accession. The legal successor of the reorganized legal person will be a new contractor under the agreement. The Ministry of Economic Development already expressed "such opinion", emphasizing that other cases of change of the partner are inadmissible.

In other cases of reorganization i.e. if the supplier, the contractor or the contractor was reorganized in the form of allocation or separation, it is impossible to replace the partner under the agreement signed under the Law N 223-FZ. Department didn't specify, than such approach is caused. We believe, put in features of some forms of reorganization. In case of allocation or separation several legal persons appear, and the one who isn't capable to perform the agreement can appear the legal successor.

The ministry also explains: the customer shall include in regulations on purchase an order of change of the partner under the agreement. It will allow to change quicker the partner by his reorganization.

Document: Letter of the Ministry of Economic Development of the Russian Federation of 20.09.2016 N D28i-2448