"On the notification procedure for the commencement of the implementation of certain types of entrepreneurial activity"

(as amended from January 1, 2019,
with changes and additions, included in the text,
in accordance with the Decrees of the Government of the Russian Federation: dated April 14, 2010 No. 245,
dated October 23, 2010 No. 854, dated December 26, 2011 No. 1132, dated September 4, 2012 No. 882,
dated January 25, 2013 No. 42, dated January 16, 2013 No. 122, dated June 20, 2013 No. 516,
dated June 21, 2013 No. 526, dated August 12, 2013 No. 690, dated December 17, 2014 No. 1385,
dated March 29, 2016 No. 246, dated March 4, 2017 No. 260, dated September 23, 2017 No. 1143,
dated December 09, 2017 No. 1500, dated June 29, 2018 No. 752, dated August 29, 2018 No. 1023,
dated November 12, 2018 No. 1352)

Article 8 federal law"On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control" Government Russian Federation decides:

1. Approve the attached Rules for the submission of notifications of the commencement of implementation certain types entrepreneurial activities and accounting for these notices.

Services for the provision of places for temporary and short-term residence and other places for temporary residence

II. Providing household services

Services in tailoring of footwear by the individual order of the population;

shoe repair, stretching and coloring services

15.20.99.200, 95.23.10.100 - 95.23.10.198

Services for the production of other knitted and knitted products, not included in other groups by individual order of the population;

repair and tailoring services for clothing and household textiles

Services for the repair and maintenance of household radio-electronic equipment, household machines and household appliances, repair and manufacture of metal products

25.50.11.110, 25.61.11.112, 25.61.11.140, 25.62.20, 25.99.99, 32.12.99, 32.13.99, 33.12.17, 33.19.10, 43.21.10, 43.22.12.140, 95.11.10, 95.12.10, 95.21.10, 95.22.10, 95.25.11, 95.25.12, 95.29.12

Production and repair of furniture

31.02.99, 31.09.99, 95.24.10.110, 95.24.10.193, 95.24.10.194

Dry cleaning services (including fur cleaning services); dyeing and color intensification services; other textile cleaning services

96.01.12, 96.01.14,

Maintenance and repair services Vehicle, machinery and equipment

33.15.10, 45.20.11.100, 45.20.11.200, 45.20.12 - 45.20.14, 45.20.21.100, 45.20.21.200, 45.20.21.519, 45.20.22 - 45.20.30, 45.40.50

Photography Services

Services in the field of sports and recreation activities

Hairdressing and other beauty salon services

III. Provision of services Catering catering organizations

Catering services

IV. Retail trade (excluding retail trade in goods whose free circulation is restricted in accordance with federal laws)

Retail sale in non-specialized stores

Retail sale of foodstuffs in specialized stores

Retail sale of cosmetics and personal care products in specialized stores

Retail trade in non-stationary trade facilities and markets

V. Wholesale trade (excluding wholesale trade goods, the free circulation of which is restricted in accordance with federal laws)

Wholesale of food products

46.32, 46.33, 46.36.4, 46.38.1, 46.38.21, 46.39.1

VI. Provision of services for the transportation of passengers and luggage on orders by car(except for the implementation of such transportation along regular transportation routes, as well as to meet the own needs of legal entities, individual entrepreneurs)

VII. Provision of services for the transportation of goods by road transport, the carrying capacity of which is more than 2.5 tons (with the exception of such transportation carried out to meet the own needs of legal entities, individual entrepreneurs)

Transportation of goods by specialized vehicles

VIII. Manufacture of textile materials, garments

Manufacture of finished textile products, except for clothing

Production of carpets and rugs

Production of knitted and knitted fabric

Manufacture of knitted and knitted clothing

IX. Manufacture of wearing apparel

Manufacture of leather clothing

Manufacture of other clothing and clothing accessories

X. Manufacture of leather, leather products, including footwear

Tanning and dressing of leather, dressing and dyeing of fur

Manufacture of suitcases, handbags and similar articles of leather and other materials;

manufacture of saddlery and other leather goods

Shoe production

XI. Woodworking and manufacture of wood and cork products, excluding furniture

Sawing and planing wood

Manufacture of products from wood, cork, straw and plaiting materials

Manufacture of other wooden building structures and joinery

XII. Publishing and printing activities

Printing activities and provision of services in this area

XIII. Activities related to the use of computers and information technologies(with the exception of the specified activities carried out in order to protect state secrets)

Repair of computers and communication equipment

XIV. Production of bread, bakery and confectionery

Production of bread and flour confectionery long-term storage

Manufacture of crackers, biscuits and other rusks bakery products, production of flour confectionery, cakes, pastries, pies and biscuits intended for long-term storage

XV. Production of milk and dairy products

Dairy production

XVI. Processing and preservation of potatoes, fruits and vegetables

Processing and preservation of potatoes, fruits and vegetables

XVII. Production of refined oils and fats

Production of refined vegetable oils and their fractions;

production of hydrogenated and interesterified animal and vegetable fats and oils and their fractions;

production of vegetable waxes and degras

XVIII. Sugar production

Sugar production

XIX. Manufacture of products of the flour-grinding industry

Production of flour-grinding and cereal industry products, starch and starch-containing products;

production of pasta

XX. Production mineral waters and other soft drinks

Production of soft drinks; production of mineral waters and other drinking water bottled

XXI. Production of containers and packaging

Production of wooden containers

Manufacture of corrugated paper and cardboard, paper and cardboard packaging

Production of containers from light metals

XXII. Furniture manufacture

Furniture manufacture

XXIII. Production of personal protective equipment

Workwear production

Production of protective gloves, fabric mittens for workers

Manufacture of apparel made of felt, non-woven materials, impregnated or coated textile materials

Manufacture of garments and accessories made of vulcanized rubber

XXIV. Manufacture of fire-technical products

XXV. Production of low voltage equipment

XXVI. Production building materials and products

Manufacture of plastic products used in construction

Manufacture of paving blocks, glass blocks, slabs and other articles of pressed or molded glass used in construction; glass production for stained-glass windows; manufacture of multicellular glass or foam glass in blocks, plates and similar forms

Production of ceramic plates and tiles

Manufacture of bricks, tiles and other building products from baked clay

Production of cement, lime and gypsum

Manufacture of products from concrete, cement and gypsum

Manufacture of abrasive and non-metallic mineral products, not included in other groups

XXVII. Rendering social services

XXVIII. Production of standards units, standard samples and measuring instruments

XXIX. Travel agency activity

XXX. Transportation of goods by sea (with the exception of dangerous goods)

XXXI. Transportation inland water transport cargo (excluding dangerous goods)

Activities of inland waterway freight transport

XXXI I . Transportation by rail cargo (excluding dangerous goods)

Transportation of other goods

XXXIII . Transportation of goods and luggage by rail

Transportation of other goods

XXXIV. Transportation of goods (movement of goods without concluding a contract of carriage) by rail common use, except for the removal of arrived wagons from the railway exhibition tracks, their return to the railway exhibition tracks

XXXXV. Production of meat and poultry products

XXXVI. Processing and preservation of fish and seafood X L I. Exploitation of fire and explosion hazardous and chemically hazardous production facilities of hazard class IV

Use of flammable, oxidizing, combustible, explosive, toxic, highly toxic and hazardous substances environment, at hazardous production facilities of hazard class IV

Processing of flammable, oxidizing, combustible, explosive, toxic, highly toxic substances and substances hazardous to the environment at hazardous production facilities of hazard class IV

Storage of flammable, oxidizing, combustible, explosive, toxic, highly toxic substances and substances hazardous to the environment at hazardous production facilities of hazard class IV

Transportation of flammable, oxidizing, combustible, explosive, toxic, highly toxic substances and substances that are hazardous to the environment at hazardous production facilities of hazard class IV

Destruction of flammable, oxidizing, combustible, explosive, toxic, highly toxic substances and substances hazardous to the environment at hazardous production facilities of hazard class IV

Use (operation) at hazardous production facilities of hazard class IV of equipment operating under excess pressure of more than 0.07 megapascal: steam, gas (in gaseous and liquefied state); water at a temperature of more than 115 degrees Celsius; other liquids at a temperature exceeding the boiling point at an overpressure of 0.07 megapascal

X-LII . Carrying out activities in the field of circulation of medical devices (with the exception of clinical trials of medical devices, their production, installation, adjustment, application, operation, including Maintenance as well as repairs)

XLIII. Maintenance, repair and technical diagnostics of in-house and in-house gas equipment

XLI V . Installation, dismantling, operation, including maintenance and repair of elevators, lifting platforms for the disabled, passenger conveyors (moving footpaths), escalators, with the exception of escalators in subways

Installation, dismantling, operation, including maintenance and repair of elevators, lifting platforms for the disabled, passenger conveyors (moving footpaths), escalators, with the exception of escalators in subways

_____________

* The name of the types of work and services is given in accordance with the All-Russian classifier of types economic activity(OKVED2) OK 029-2014 (NACE Rev. 2).

** The name of the types of services is given in accordance with the All-Russian classifier of products by type of economic activity (OKPD2) OK 034-2014 (KPES 2008).

*** The names of the types of work, hazardous substances, hazard classes of hazardous production facilities are given in accordance with the Federal Law "On industrial safety of hazardous production facilities ".

**** The names of the types of work and services are given in accordance with the Federal Law "On the basics of protecting the health of citizens in the Russian Federation ".

***** The names of the types of work and services are given in accordance with the Federal Law "On Gas Supply in the Russian Federation".

Application No. 2
to the Submission Rules
start notifications
implementation of certain types
entrepreneurial activity and
taking into account the said notices

Form of notification of the commencement of entrepreneurial activity

___________________________ (notification registration mark in the authorized body)
AT ___________________________________________________________________________________ (the name of the body of state control (supervision) authorized in the relevant field of activity (its territorial body) to which the notification is submitted is indicated)
NOTIFICATION about starting a business from "_______" ___________ 20___
(indicate full and abbreviated, including company (if any), name, organizational and legal form of a legal entity, last name, first name, patronymic individual entrepreneur, taxpayer identification number (TIN), main state registration number legal entity or the main state registration number of the entry on the state registration of an individual entrepreneur (OGRN) _____________________________________________________________________________________ _____________________________________________________________________________________ (indicated postal addresses location of the legal entity, including its branches and representative offices, places of actual implementation of the declared type (types) of activity, places of actual implementation of the declared type (types) of activity of an individual entrepreneur) in accordance with Article 8 of the Federal Law "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control (Supervision) and Municipal Control" notifies of the commencement of the following type (s) of entrepreneurial activity: _____________________________________________________________________________________ (indicate the type (s) of activity and the work (services) performed in its composition for _____________________________________________________________________________________ the list of works and services as part of certain types of business activities, about _____________________________________________________________________________________ the beginning of the implementation of which by a legal entity or individual _____________________________________________________________________________________ the employer submits a notice) from "_____" __________ 20____ and confirms the compliance of territories, buildings, premises, structures, equipment, other similar objects, vehicles intended for use in the process of carrying out the declared activity, personnel, and other conditions for carrying out business activities with mandatory requirements.
___________________________ (name of the position of the head of the legal entity)	___________________________ (signature of the head of a legal entity, a person representing the interests of a legal entity, an individual entrepreneur)	___________________________ (initials, surname of the head of the legal entity, person representing the interests of the legal entity, individual entrepreneur)

One of the achievements of state policy in the field of reducing administrative pressure on business is the introduction by the Federal Law of December 26, 2008 No. 294-FZ "On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control" of the legal institution "Notification procedure for starting implementation of certain types of entrepreneurial activity”.

– What does the introduction of this institution mean for entrepreneurs?

- First of all, this is an easier way to start a business due to a reduction in the number of documents that need to be filled out.

Secondly, it is a kind of protection against possible manifestations of corruption. After all, now there is no need to coordinate the start of entrepreneurial activity with huge amount individual government agencies and services.

Who is subject to notification?

- The notification procedure for starting certain types of business activities applies to legal entities and individual entrepreneurs who started their business in July 2009, that is, from the date of entry into force of Article 8 of Federal Law No. 294-FZ of December 26, 2008.

- Who can use this public service?

- The notification is submitted by a legal entity or individual entrepreneur intending to perform work (render services) in accordance with the list of works and services as part of certain types of entrepreneurial activity.

The list of works and services subject to the notification procedure includes more than 40 types of activities, from catering and retail trade services to the production of personal protective equipment (Appendix 1 to Decree of the Government of the Russian Federation of 16.07.2009 No. 584 (as amended on 09.12. 2017) “On the notification procedure for the commencement of certain types of entrepreneurial activity”).

The powers of Rospotrebnadzor include 66 items of work and services in 28 types of activities.

If the business includes several items on the list at once, all of them will need to be indicated.

- When should the notice be given?

- Legal entities and individual entrepreneurs are required to submit a notification after their state registration and registration with the tax authority, but before the start of the actual performance of work or the provision of services.

- How and where can I submit a notification?

- Notification can be submitted:

In the Office of Rospotrebnadzor for the Khabarovsk Territory at the address: 680009, Khabarovsk, st. Karl Marx, 109B;

Send by mail with a description of the attachment and a return receipt to the specified address;

Through the branches of the MFC in the administrative territories of the region;

As electronic document signed by certified electronic signature(Law of April 6, 2011 No. 63-FZ “On Electronic Signature”) using the Single Portal public services.

Are there any rules for submitting notifications?

– The notification is submitted in 2 copies filled in Russian, without errors and corrections. When applying through the MFC, 1 copy is sufficient.

The notification form can be found on the official website of the Office of Rospotrebnadzor for the Khabarovsk Territory in the section "Notices on the start of business activities", as well as in the "ConsultantPlus" ATP.

On the website of the Office, the applicant can fill out and send for verification the correctness of filling out the notification template in in electronic format.

- How much will you have to pay?

– There is no charge for registering notices, making entries in the register, and submitting information contained in the register.

- How can I find out if the notification was accepted or not?

– On the day of receipt of the notification, it is registered, and both copies of the notification are marked with the date of receipt and registration number.

One copy of the notice remains with the authorized body, and the second is handed over (sent) on the day of registration to the applicant.

If a notification is submitted in the form of an electronic document, on the day of its registration, the applicant is sent a confirmation of receipt of the notification in the form of an electronic document signed with an enhanced qualified electronic signature of the authorized body.

The Department of Rospotrebnadzor for the Khabarovsk Territory maintains a register of registered notifications. The information contained in the register is open and publicly available and is posted on the official website of the Office in the section "Notifications on the start of business activities".

What if my business moved or closed?

- Legal entities and individual entrepreneurs are required to additionally report in writing or in the form of an electronic document (application in any form) no later than within 10 working days from the date of making the relevant entries in the Unified State Register of Legal Entities or the EGRIP in the Office of the information:

On changing the location of the legal entity and (or) the place of actual implementation of activities;

On changing the place of residence of the individual entrepreneur and (or) the place of actual implementation of activities;

On the reorganization of a legal entity.

- And if we decide to open a business in another city, will we have to go there to file a new notice?

– Effective January 1, 2018 new order provision of public services in accordance with the extraterritorial principle.

From now on, you can apply for the provision of public services and receive the results of its provision in any division of the relevant federal body that provides such services. executive power, a body of a state non-budgetary fund or a multifunctional center within the Russian Federation at the choice of the applicant. At the same time, the place of residence or place of stay for individual entrepreneurs or the location for legal entities does not matter.

This fully applies to the service for receiving and accounting for notifications about the start of certain types of entrepreneurial activities carried out by the bodies of Rospotrebnadzor.

– What happens if I do not file a notice or report the changes that have occurred?

- For this, administrative responsibility is provided for under Art. 19.7 of the Code of Administrative Offenses of the Russian Federation in the form of a warning or a fine of up to 5,000 rubles.

DEPARTMENT OF ROSPOTREBNADZOR IN KHABAROVSK KRAI

Additional information on the site http://27.rospotrebnadzor.ru in the section “Lines of activity. Notifications about the start of entrepreneurial activity” and the block “Information for entrepreneurs about the registration of notifications”

Publication source: informational monthly "Right Decision" issue No. 04 (186), release date from 04/19/2018.

The article was posted on the basis of an agreement dated October 20, 2016, concluded with the founder and publisher of the informational monthly "The Right Solution" LLC "Firm" NET-DV ".

"No. 9" 2009

The Government of the Russian Federation issued a special Decree dated July 16, 2009 No. 584, which approved the Rules for submitting notifications about the start of certain types of entrepreneurial activity, the form of notifications and the procedure for their accounting. The notification procedure itself has been in force since July 1, 2009 and was introduced by the Federal Law of December 26, 2008 No. 294-FZ "On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control. L.P. Fomicheva, Member of the Chamber of Tax Consultants of the Russian Federation.

From July 1, 2009, the licensing procedure for starting certain types of entrepreneurial activity was replaced by a notification procedure (Article 8 of the Federal Law of December 26, 2008 No. 294-FZ "On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control" ).

The law names 13 types of the most massive and relatively safe types of activities that can be carried out by small and medium business. Among them: household, hotel services, public catering, retail and wholesale trade (except for trade in goods, the circulation of which is limited by law), transportation of passengers and luggage (except for regular and for own needs), transportation of goods by vehicles with a carrying capacity of more than 2.5 tons, publishing and printing activities, production of textile materials, garments, clothing, leather, leather products; woodworking and production of wood and cork products, except for furniture; activities related to the use of computer technology and information technology (with some exceptions).

Legal entities and individual entrepreneurs must send notification of the commencement of these types of activities to the federal executive body authorized by the Government of the Russian Federation in the relevant area. This should be done after state registration and registration with the tax authority, but before the start of the actual performance of work or the provision of services. This measure is aimed at simplifying the approval procedure that occurs when opening an enterprise. Once notifications have been given, no additional local approvals or permits should be required.

Entrepreneurs, instead of obtaining permits and approvals, declare in the notification their compliance with the established requirements of federal, regional and municipal legislation, and also notify the authorized state bodies of their readiness to comply with these requirements.

It is also necessary to report to the authorized body that registered the notification about a change in the place of activity, location (place of residence - with entrepreneurs) and about the reorganization of the legal entity. Changes should be reported within 10 working days from the date of making the relevant entries in the Unified State Register of Legal Entities or the EGRIP.

In case of non-submission of notifications about the beginning of the implementation of these types of activities or submission of notifications with false information, liability arises in accordance with the legislation of the Russian Federation. Most likely, in order to implement this legal norm, the Code of Administrative Offenses will be amended accordingly.

As stated in this law, the Government of the Russian Federation had to approve the form of notification, the procedure for their submission and accounting.

In this regard, the Government of the Russian Federation issued a special Decree of July 16, 2009 No. 584, which approved the Rules for submitting notifications about the start of certain types of entrepreneurial activity, the form of notifications and the procedure for their accounting.

Appendix 1 of the Rules establishes the List of works and services as part of certain types of entrepreneurial activities, on the commencement of which a legal entity or individual entrepreneur is notified.

In total, the list includes 36 types of activities with reference to the code of the All-Russian Classifier of Economic Activities (OKVED) OK 029-2007 and the All-Russian Classifier of Services to the Population (OKUN) OK 002-93.

The notification is drawn up in the form provided in Appendix No. 2 of the document, and is submitted at the place of intended work to the appropriate authority before the actual performance of work or provision of services begins. The text of the notice states that either an individual entrepreneur confirms the compliance of territories, buildings, premises, structures, equipment, other similar facilities, vehicles intended for use in the process of carrying out the declared activity, personnel, and other conditions for carrying out entrepreneurial activity with mandatory requirements.

The notice must be submitted in 2 copies. It should be accompanied by a copy of the extract from the Unified State Register of Legal Entities or EGRIP, as well as a copy of the certificate of registration on.

Documents can be submitted in person or sent by mail. by registered mail with a description of the attachment and a notice of receipt. One copy of the notification remains with the authorized body, and the second is sent on the day of registration to the applicant with the appropriate marks and indication of the registration number.

The relevant authorized bodies responsible for accepting notifications have been identified. Depending on the type of service or work, the entrepreneur submits a notification to the Federal Service for Supervision of Consumer Rights Protection and Human Welfare or its territorial administration, to the Federal Medical and Biological Agency or to the Federal Service for Supervision in the Sphere of Transport or its territorial body.

The resolution introduces appropriate changes to the provisions of Rospotrebnadzor, Rostransnadzor and the Federal Medical and Biological Agency, which will accept notifications from entrepreneurs about the start of a particular activity.

The authorized body shall keep records of notifications by maintaining a register of notifications. The register is kept in paper and electronic form. It includes the following information: name of the legal entity or full name of the entrepreneur, place of business, TIN, type of activity reported in the notification, etc. No fee is charged for registering notifications, making entries in the register and providing information contained in the register .

The registers are open and publicly available and are posted on the official websites of the authorized bodies. Within 10 days from the date of registration of the notice, departments must publish this information on their websites. In addition, departments are required to provide extracts from registers free of charge at the request of state authorities and local self-government.

Introduction of a notification procedure for starting business activities

Notification procedure for starting business activities on the Russian territory is valid from 1.07.2009. It involves notification by individual entrepreneurs and legal entities of the start of work of special authorized federal bodies. Earlier in our country there was a permissive procedure for starting activities. In accordance with it, mandatory approval and obtaining permission from the sanitary-epidemiological, fire-fighting and other services was assumed.

Notification procedure for the commencement of entrepreneurial activity

In accordance with the new law, to start a business, it is enough for an entrepreneur to inform the authorized bodies of his intentions. A number of federal services can be attributed to the designated state bodies:

• Supervision in the transport sector
• Employment and Labor Service
• Consumer rights service
• Medical Biological Service
• Agency for Metrology and Technical Regulation
• Service social development and health
• The executive power of the subjects of the federation.

But most likely it will be Rospotrebnadzor, since control over most activities lies with it.

It should be noted that the notification of these services is carried out only after passing the state registration and tax registration by legal entities or individual entrepreneurs.

Areas of activity and work with services that fall under the new law

The notice must contain information confirming compliance with the mandatory requirements and compliance of employees, buildings, territories, premises, vehicles of the company with the specifics of the activities carried out. It should be noted that we are talking about strictly defined types of activities, as well as works and services within their framework, here are just a few of them:

1. Hospitality activities
2. Domestic services
3. Shoe repair and manufacturing
4. Catering
5. Manufacture of garments and textiles
6. Printing and publishing activities
7. Manufacturing of building materials
8. Manufacture of packaging and containers.

In each of the activities, a whole list of services is presented, for example, in the field of personal services, there are categories for repairing, sewing and coloring shoes. At the same time, there is a section related to the tailoring and repair of leather and fur products as well as maintenance household appliances and appliances. If the company intends to provide services in various categories, then it is necessary to notify the authorized bodies about each of them separately.

To be continued …

Notification procedure for starting business activities

Federal Law No. 294-FZ of December 26, 2008 "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Exercise of State Control (Supervision) and Municipal Control" and Government Decree No. 584 of July 16, 2009 provide for a notification procedure for starting activities in certain areas (for example, hotel, household services, catering services, trade, transportation of passengers and luggage, cargo, production).

Legal entities and individual entrepreneurs are required to notify the authorized authority (Rospotrebnadzor, FMBA of Russia or Rostransnadzor) of the start of such entrepreneurial activity after state registration and registration with the tax authority before the actual commencement of work or services.

REGISTRATION
LIMITED LIABILITY COMPANIES

Step 1: Document preparation

Before preparing documents for the registration of an LLC, the founder(s) must decide on the following points:

— name (name of LLC);

— legal address (registration address of LLC);

- the size authorized capital(minimum 10000r.);

— distribution of shares between participants (if there are several of them);

- head (general director);

- types of activities that are planned to be carried out ( OKVED codes);

- taxation system.

1. Minutes of the founding meeting of the LLC. If there is only one founder, then accordingly - the decision to establish an LLC. The protocol or decision is printed in 3 copies, one to the tax authority, the rest will be needed in the future. Double-sided printing of documents submitted to the registration authority is prohibited.

2. If there are several founders, we prepare an agreement on the establishment of an LLC, but it is not necessary to submit it to the tax office. The number of copies depends on the number of founders - one for each.

3. Filling out the application form for state registration of a legal entity upon creation - form P11001 in Excel format (printed in one copy).

4. Preparation of the charter of the LLC (printed in two copies, both are submitted to the tax office, one of them with the tax stamp is received after registration).

The charter, minutes and sheets of the completed application are fastened with simple paper clips. On the this moment it is not necessary to flash documents when applying for state registration (Letter of the Federal Tax Service dated September 25, 2013 N SA-3-14 / [email protected]). It is not necessary to certify the signatures of the founders of an LLC with a notary when personally submitting documents for the initial registration of an LLC, but the presence of all founders is mandatory, both upon delivery and upon receipt (Federal Law N 129-FZ, Chapter III, Art. 9, item 1.2, second paragraph).

Step 2: Payment of the state duty

In the formation of a receipt for payment of the state duty, the service of the Federal Tax Service for the payment of state duty will help you, print and pay ( 4000r.) without commission in any bank. Payment is made by any of the founders. We support the paid receipt to the top edge of the first sheet of application P11001. This service also allows you to use the non-cash service electronic payment. Since March 11, 2014 the Order of the Ministry of Finance of Russia dated December 26, 2013 N 139n came into force, from which it follows that the failure to provide a document confirming the payment of the state fee is not a basis for refusing registration, the tax authority may request it in information system on state and municipal payments independently. Thus, you can exclude a trip to the bank by paying the state duty by non-cash electronic payment.

Step 3: State registration

To register an LLC, you will need:

- passport details of the founders and the head;

- TIN of the founders and the head (if any);

- a copy of the certificate of ownership of the premises and a letter of guarantee from the owner of the premises (if the premises do not belong to you), or the consent of the owner of the residential premises (when registering at a home address).

Documents for registration of an LLC must be submitted to the tax office:

Notification procedure for the commencement of certain types of entrepreneurial activity

Application for state registration of a legal entity upon creation in the form P11001;

2. Protocol (decision) on the establishment of LLC;

3. Charter of LLC (two copies);

4. Document on payment of the state fee for registration of a legal entity (receipt);

5. A copy of the certificate of ownership of the premises;

6. Letter of guarantee from the owner of the premises (if the premises does not belong).

7. If necessary, an Application for the transition to a simplified taxation system in the form 26.2-1 can also be submitted simultaneously with the documents for registering an LLC.

Originals or copies of the TIN of the participants and the head are not required when submitting documents for registration of an LLC. However, if there is a TIN, it is mandatory to indicate it in the application.

All founders go to the tax office, taking their passports with them, and submit a package of documents to the registering inspector. The presence of the leader CEO), if he is not a founder, is not required. Each founder, on his Sheet H of the application, fills in the full name field by hand with a pen with black ink. and signs the applicant in the presence of the tax inspector.

After 3 working days, all the founders come with passports and a receipt to the tax and receive a package of the following documents:

✔ certificate of state registration of a legal entity;

✔ certificate of registration with the tax authority;

✔ record sheet of the unified state register of legal entities;

✔ one copy of the charter with a tax stamp.

Attention! An extract from the Unified State Register of Legal Entities has been excluded from the list of documents issued during registration since March 11, 2014 by Order of the Ministry of Finance of Russia dated December 26, 2013 N 139n.

Possible additional costs for opening an LLC:

- services of lawyers in the preparation of documents - from 5000 to 8000 rubles.

- notarization of the application in the form P11001 - from 1000 to 1500 rubles.

– notarized power of attorney for a representative – from 1000 to 1500 rubles.

AFTER LLC registration:

- submitting an application for the transition to the system taxation of the simplified tax system if necessary (possible at the same time as registration);

- obtaining statistics codes for LLC;

– ordering a seal for an LLC (not mandatory since 2015);

– opening a current account for LLC in a bank;

– obtaining the necessary licenses (if the activity requires it);

- installation and registration cash register for LLC (if necessary).

Scroll
types of economic activities (codes according to OKVED2 OK 029-2014) carried out by business entities, the involvement of which (subjects) is possible as part of the transfer to the non-state sector

10.85 "Production of finished food products and dishes";

10.86 "Production baby food and dietary foods”;

10.89 "Manufacture of other food products not included in other groups";

49.39 "Activities of other land passenger transport, not included in other groups";

49.41 "Activity of road freight transport";

49.42 "Provision of transportation services";

52.10 "Storage and warehousing activities";

56.10 Restaurant activities and food delivery services;

56.29 "Activities of public catering enterprises for other types of catering";

56.30 "Serving drinks";

77.11 "Rent and leasing cars and light vehicles”;

77.12 "Rent and leasing of cargo vehicles";

80.10 "Activities of private security services";

80.20 "Activity of security systems";

81.10 "Activities for complex service premises";

81.21 "General cleaning activities of buildings";

81.22 "Other cleaning and cleaning activities of residential buildings and non-residential premises";

81.29 "Other cleaning and cleaning activities";

81.30 "Landscape improvement activities";

88.10 "Provision of social services without providing accommodation for the elderly and disabled";

88.91 Provision of day care services for children;

88.99 "The provision of other social services without providing accommodation, not included in other groups";

96.01 "Washing and dry cleaning of textile and fur products."

Notification of the commencement of certain types of entrepreneurial activity

Federal Law No. 294-FZ of December 26, 2008 “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control (Supervision) and Municipal Control” provides that legal entities, individual entrepreneurs are required to notify the authorized representative of the commencement of certain types of entrepreneurial activity. The government of the Russian Federation in the relevant area is the federal executive body. Thus, for engaging in certain types of entrepreneurial activity, it is provided notification mode (Unlike permissive license mode). At the same time, the notification regime, similarly to the license regime, refers to a special entrepreneurial regime.

Notification of the commencement of business activities(hereinafter - notice) - a document that is submitted by a legal entity, an individual entrepreneur registered in accordance with the procedure established by the legislation of the Russian Federation to the federal executive body authorized by the Government of the Russian Federation in the relevant area and through which such a legal entity, such an individual entrepreneur informs about the start of certain types of entrepreneurial activity and its compliance with mandatory requirements.

List of types of entrepreneurial activity, falling under the notification regime, Art. 8 of the Law on State Control. These include, in particular, the provision hotel services, provision of personal services, provision of public catering services by public catering organizations; publishing and printing activities, etc.

List of works and services as part of the types of entrepreneurial activities specified in the Law on State Control (with the code according to the All-Russian Classifier) ​​approved by Decree of the Government of the Russian Federation of July 16, 2009 No. 584. For example, the following services are included in such a type of activity as the provision of personal services: , coloring and tailoring of footwear; repair and tailoring of clothing, fur and leather products, hats and textile haberdashery, repair, tailoring and knitting of knitwear; dry cleaning and dyeing, laundry services; services of a photo studio and photo and film laboratories; bath and shower services; hairdressing services, etc.

It should be noted that the Law on State Control establishes a ban on filing requirements for legal entities, individual entrepreneurs to obtain permits, opinions and other documents to start doing business in relation to works and services as part of the types of activities that are subject to the notification regime.

Federal executive authorities authorized to receive notifications are determined by Decree of the Government of the Russian Federation of July 16, 2009 No. 584. Such authorities include federal Service on supervision in the field of consumer rights protection and human well-being, the Federal Service for Supervision in the Sphere of Transport, etc.

AT notice indicates compliance by a legal entity, an individual entrepreneur with mandatory requirements, as well as the compliance of their employees, their business activities and territories, buildings, structures, structures, premises, equipment, similar objects, vehicles intended for use in the course of their business activities with mandatory requirements and requirements established by municipal legal acts.

The notification is drawn up by the applicant in the prescribed form, submitted by a legal entity, an individual entrepreneur at the place of the alleged actual implementation of work (rendering of services) to the appropriate authorized body after state registration and registration with the tax authority before the actual performance of work or provision of services .

The applicant submits a notification to the authorized body directly or through a multifunctional center for the provision of state and municipal services.

Notification procedure for starting activities

The notification may be submitted in the form of an electronic document.

A legal entity, an individual entrepreneur are obliged to provide information about a change in the location of the legal entity and (or) the place of actual implementation of activities; on changing the place of residence of an individual entrepreneur; on the reorganization of a legal entity.

The rules for submitting and accounting for notifications (hereinafter referred to as the Rules), the Notification Form are enshrined in Decree of the Government of the Russian Federation of July 16, 2009 No. 584. Recognizing the refusal of Rospotrebnadzor in the Moscow Region to register as illegal Notifications The Federal Arbitration Court of the Moscow Region, in its decision of April 3, 2012 No. F05-2547 / 12, indicated that the Rules do not contain an indication that the type of activity declared in the notification must also be indicated in the extract from the Unified State Register of Legal Entities.

Violation by a legal entity or an individual entrepreneur of the established procedure for submitting notifications of the commencement of business activities is the basis for bringing to administrative responsibility under Art. 19.7.5-1 of the Code of Administrative Offenses of the Russian Federation. Failure to fulfill the obligation stipulated by legal acts by the deadline indicates that administrative offense is not lasting (clause 14 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 24, 2005 No. 5 “On some issues that arise with the courts when applying the Code of Administrative Offenses of the Russian Federation”). Thus, the administrative offense expressed in the failure to provide a notice of the commencement of entrepreneurial activities is not lasting and the statute of limitations for it (3 months) begins to run from the moment such activities begin (see: Resolution of the Supreme Court of the Russian Federation dated April 24, 2013 No. 56- AD13-4, Decree of the Supreme Court of the Russian Federation of August 13, 2012 No. 49-AD12-7).

test questions

1. Describe the system of normative legal acts regulating the licensing of business activities.

2. Expand the content of business licensing. What is a license?

3. What types of liability are provided by law for violations in the field of licensing?

4. What is the essence notification mode starting a business?

Literature

1. Bagandov A. B. Licensing law of the Russian Federation: studies.-practical. allowance. Moscow: Eksmo, 2004.

2. Shishkin S. N. Entrepreneurial and legal (economic and legal) foundations state regulation economy. M.; Berlin: Infotropic Media, 2011.

Related information:

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Notification of the commencement of entrepreneurial activity is submitted by legal entities, individual entrepreneurs performing works and services in accordance with the List of works and services approved by the Government of the Russian Federation as part of the following types activities:

1) provision of hotel services, as well as services for temporary accommodation and provision of temporary accommodation;

2) provision of personal services;

3) provision of public catering services by public catering organizations;

4) retail(with the exception of retail trade in goods, the turnover of which is limited in accordance with federal laws);

5) wholesale trade (with the exception of wholesale trade in goods, the turnover of which is limited in accordance with federal laws);

6) provision of services for the transportation of passengers and luggage on orders by road (with the exception of such transportation along regular transportation routes, as well as to meet their own needs of legal entities, individual entrepreneurs);

7) the provision of services for the carriage of goods by vehicles, the total mass of which is more than two tons, five hundred kilograms (with the exception of such transportation carried out to meet the own needs of legal entities, individual entrepreneurs);

8) production of textile materials, garments;

9) clothing production;

10) production of leather, leather products, including footwear;

11) wood processing and production of wood and cork products, with the exception of furniture;

12) publishing and printing activities;

13) activities related to the use of computer technology and information technology (with the exception of the specified activities carried out in order to protect state secrets);

14) production of bread, bakery and confectionery products;

15) production of milk and dairy products;

16) production of juice products from fruits and vegetables;

17) production of oil and fat products;

18) production of sugar;

19) production of flour products;

20) production of soft drinks;

21) production of measurement standards, standard samples and measuring instruments;

22) production of containers and packaging;

23) production of furniture;

24) production of personal protective equipment;

25) production of fire-technical products;

26) production of low-voltage equipment;

27) production of building materials and products;

28) provision of social services;

29) travel agency activities;

30) carriage of goods by sea (with the exception of dangerous goods);

31) transportation of goods by inland water transport (with the exception of dangerous goods);

32) carriage of goods by rail (with the exception of dangerous goods);

33) transportation of cargo and luggage by rail;

34) transportation of goods (movement of goods without concluding a contract of carriage) on public railway tracks, except for the removal of arrived wagons from the railway exhibition tracks, their return to the railway exhibition tracks;

35) demonstration of films;

36) operation of explosive and fire hazardous and chemically hazardous production facilities of hazard class IV;

37) carrying out activities in the field of circulation of medical devices (with the exception of clinical trials of medical devices, their production, installation, adjustment, use, operation, including maintenance, as well as repair).

The purpose of the notification procedure is in the exclusion of obtaining permits and consents from various kinds of state bodies.

The notice of the commencement of certain types of entrepreneurial activity indicates that the legal entity, individual entrepreneur complies with the mandatory requirements (fire-fighting, sanitary, license, etc.), as well as the compliance of their employees, their business activities and intended for use in the process carrying out their entrepreneurial activities of territories, buildings, structures, structures, premises, equipment, similar objects, vehicles with the mandatory requirements and requirements established by municipal legal acts.

Thus, notification of the commencement of certain types of activities implies that:

- the entrepreneur is familiar with all the mandatory requirements for the relevant type of activity by fire and environmental services, sanitary and epidemiological supervision and other regulatory authorities;

- ensured their implementation;

- is ready to demonstrate this (during a scheduled inspection of its activities, which will be carried out on time).

Notification of the commencement of entrepreneurial activity (hereinafter referred to as NPA)- a document filled out in a strictly prescribed form.

Notification procedure for starting business activities (Kvanina V.V.)

Notification is provided by legal entities and entrepreneurs to the Office of Rospotrebnadzor at the place of doing business. For Moscow entrepreneurs, the notification is submitted in Moscow, respectively.

What are the deadlines for filing a notice?

As such, Rospotrebnadzor does not indicate a strict deadline. In accordance with the law, the notice period for the commencement of business activities is the period between state registration enterprises and the immediate start of the provision of services and works.

The procedure for providing documents is regulated in detail by Law No. 294-FZ, according to paragraph 2 of which, almost all types commercial activities are obliged to comply with these requirements (hotel and catering business, wholesale and retail trade, household and transport services and much more).

For failure to comply with the requirements of the law, administrative liability is provided: a fine for individual entrepreneurs - from 3,000 to 5,000 rubles, for legal entities - from 10,000 to 20,000 rubles. It is important not only to follow the procedure and provide information before starting to conduct business, but also to provide reliable, documented information. The amount of the fine increases significantly if the document contains false or untrue information.

Structure of the NAP notification

The NPD notification is drawn up in the approved form and includes:

• Information about the founder (name, postal and actual addresses), name of the organization, type of its activity;
• Information about the TIN and PSRN, supported by copies of documents;
• Information about all activities of the organization.

In fact, the notification is a written confirmation that the production and work process at the enterprise fully complies with the mandatory requirements duly established by law.

The procedure for submitting a NAP notification to Rospotrebnadzor

Individual entrepreneurs or legal entities must follow certain procedures when submitting a NAP notification:

• Prepare two completed copies of the NAP notification
• Attach a copy of the PSRN to the written application.
• Attach a copy of the TIN of the legal entity LLC or individual entrepreneur.

Hand over the prepared documents personally or send them by mail to the relevant authorities.

Professional registration of the notice of the beginning of entrepreneurial activity

The specialists of our company have many years of experience in the legally competent implementation of the execution of various documentation provided to the Office of Rospotrebnadzor and other control bodies of the Russian Federation.

We also offer assistance in the prompt preparation and filing of notifications. Our qualified employees will professionally draw up a notice and control the procedure for registering client documentation.