The notification procedure assumes that. Notification order. III. Provision of catering services by catering organizations
One of the achievements of the 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 " implementation certain types business activities».
What does the introduction of this institution mean for entrepreneurs?
Firstly, it facilitates the start of entrepreneurial activity due to the decrease in the number of documents that previously had to be obtained.
Secondly, the notification procedure has become a kind of protection for business from possible manifestations of corruption. After all, now there is no need to coordinate the start of entrepreneurial activity with a huge number of individual state bodies and services.
Who does the notification procedure apply to?
The notification procedure for the commencement of certain types of entrepreneurial activity 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 Federal law dated 26.12.2008 No. 294-FZ.
Who can use this government service?
The notification is submitted by a legal entity or an individual entrepreneur intending to perform work (provide services) in accordance with the list of works and services as part of certain types of entrepreneurial activity.
The list of works and services falling under the action of the notification procedure is quite extensive: it includes more than 40 types of activities, from services catering and retail trade before the production of personal protective equipment.
A complete list can be found in Appendix 1 to the Government decree Russian Federation dated 16.07.2009 N 584 "On the notification procedure for the commencement of certain types of entrepreneurial activity."
The powers of Rospotrebnadzor for registration of notifications currently include 66 types of work and services in 28 types of activities.
When should you submit a notification?
It should be noted that filing a notice is obligation for legal entities and individual entrepreneurs... The notification must be submitted after state registration and registration with the tax authority, but before the start of the actual performance of work or provision of services.
How and where can you submit a notification?
Notification can be submitted:
· Directly at the Office of Rospotrebnadzor in the Volgograd region at the address: Volgograd, prospect im. IN AND. Lenin, 50B, office. 302;
· Customized by post with a list of attachments with a return receipt 400005, Volgograd, prospect. IN AND. Lenin, 50B;
· as electronic documentsigned by the applicant's electronic signature, which requires a certified electronic signature in accordance with the law dated 06.04.2011 No. 63-FZ "On electronic signature". In practice, notification in in electronic format can be submitted using the Single portal public services.
Through a multifunctional center for the provision of state and municipal services;
In the form of an electronic document, electronically signed by the applicant ();
· Using a single portal of public services (www.gosuslugi.ru).
Are there any rules for filing notifications?
Notification established sample submitted in 2 copies to the authorized body. Directly to the multifunctional center, the applicant submits a notification in one copy on paper.
The notification form can be found on the official website of the Rospotrebnadzor Administration for the Volgograd Region, the Notifications banner, as well as in information retrieval systems (Consultant Plus, Garant).
You can check the correctness of filling out the notification template for the start of certain types of entrepreneurial activity in electronic form at http://egov.rospotrebnadzor.ru/.
Is there a filing fee uve do you think about starting a business?
There is no charge for registering notifications, making entries in the register, and submitting information contained in the register.
And how can I know if my notification was accepted or not?
On the day the notification is received, it is registered and both copies of the notification are marked with the date of receipt and the registration number.
One copy of the notification remains with the authorized body, and the second is handed (sent) to the applicant on the day of registration.
In the case of filing a notification 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 register of notifications about the start of certain types of entrepreneurial activity registered with the territorial bodies of Rospotrebnadzor has open access and is posted on the official website of the Federal Service for Supervision of Supervision of Consumer Rights Protection and Human Welfare at http://notice.crc.ru/
The register provides a search function for the addresses of legal entities; organizations engaged in entrepreneurial activity; types of business activities; the date of registration of the notification, to the constituent entities of the Russian Federation in which the notification was registered; the notification number.
Is the notification only given once? What if my business moved or closed?
Legal entities and individual entrepreneurs are obliged to additionally inform in writing or in the form of an electronic document (application in any form) no later than 10 working days from the date of making the relevant entries in the Unified State Register of Legal Entities or EGRIL to the Office of the information:
a) about change of location legal entity and (or) places of actual implementation of activities;
b) on changing the place of residence of an individual entrepreneur and (or) the place of actual implementation of activities;
c) reorganization of a legal entity.
And if we decide to open a business in another city, will we have to go there to submit a new notification?
On January 1, 2018, a new procedure for the provision of public services in accordance with the extraterritorial principle came into force.
Today, you can apply for the provision of a public service and receive the results of its provision in any subdivision of the relevant federal executive body, body of the state non-budgetary fund or a multifunctional center within the Russian Federation at the choice of the applicant. In this case, the place of residence or place of stay for individual entrepreneurs or the location for legal entities does not matter.
This also fully applies to the service for receiving and recording notifications about the start of certain types of entrepreneurial activities carried out by the Rospotrebnadzor bodies.
What happens if I don’t submit a notification or report a change?
In accordance with article 19.7.5-1 of the Code of the Russian Federation on administrative offenses the responsibility of legal entities and individual entrepreneurs is established for failure to submit a notice of the start of entrepreneurial activity in the event that the submission of such a notice is mandatory, as well as for submission of a notice of the start of entrepreneurial activity containing inaccurate information.
Failure by a legal entity or individual entrepreneur to submit a notice of the start of entrepreneurial activity (except for the cases provided for in parts 1 and 2 of Article 14.1.2 of this Code), if the submission of such a notice is mandatory, shall entail the imposition of an administrative fine on officials in the amount of three thousand to five thousand rubles; for legal entities - from ten thousand to twenty thousand rubles.
Submission by a legal entity or individual entrepreneur of a notice of the start of entrepreneurial activity containing false information, if the submission of such a notice is mandatory, entails the imposition of an administrative fine on officials in the amount of five thousand to ten thousand rubles; for legal entities - from twenty thousand to thirty thousand rubles.
Consideration of cases of administrative offenses provided for by Article 19.7.5-1 of the Administrative Code of the Russian Federation is within the competence of the court.
When copying information material in full or in part, a link to the website of the Rospotrebnadzor Administration for the Volgograd Region is required:
On the notification procedure for the commencement of certain types of entrepreneurial activity
(as amended on April 14, 2010)
In accordance with Article 8 of the Federal Law "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Exercise of State Control (Supervision) and Municipal Control", the Government of the Russian Federation decides:
1. To approve the attached submissions of notifications on the commencement of certain types of entrepreneurial activity and registration of these notifications.
2. To introduce the following changes into the acts of the Government of the Russian Federation:
a) Regulations on the Federal Service for Supervision of Consumer Rights Protection and Human Wellbeing, approved by Decree of the Government of the Russian Federation of June 30, 2004 N 322 (Collected Legislation of the Russian Federation, 2004, N 28, Art.2899; 2006, N 22, Art. 2337; N 52, Art. 5587), supplemented with subparagraph 5.2.3 as follows:
"5.2.3. Carries out reception and accounting of notifications on the beginning of the implementation by legal entities and individual entrepreneurs of certain types of work and services according to the list, approved by the Government Of the Russian Federation, with the exception of notifications submitted by legal entities and individual entrepreneurs operating in territories subject to service by the Federal Medical and Biological Agency; ";
b) The Regulation on the Federal Service for Supervision in the Sphere of Transport, approved by the Government of the Russian Federation of July 30, 2004 N 398 (Collected Legislation of the Russian Federation, 2004, N 32, Art. 3345), supplemented with subparagraph 5.5.1.1 of the following content:
"5.5.1.1. Reception and accounting of notifications on the beginning of the implementation by legal entities and individual entrepreneurs of certain types of work and services according to the list approved by the Government of the Russian Federation;";
c) Regulations on the Federal Medical and Biological Agency, approved by the Government of the Russian Federation of April 11, 2005 N 206 (Collected Legislation of the Russian Federation, 2005, N 16, Art. 1456; 2008, N 23, Art. 2713), supplemented with a subparagraph 5.1.3 as follows:
"5.1.3. Accepts and records notifications on the beginning of the implementation by legal entities and individual entrepreneurs in the territories subject to servicing by the Agency, of certain types of work and services according to the list approved by the Government of the Russian Federation;".
3. The implementation of the powers of the federal executive bodies provided for in paragraph 2 of this resolution is carried out within the limits established by the Government of the Russian Federation and the wage fund for employees of the central office and territorial bodies of the relevant federal executive bodies, as well as the appropriations provided for in federal budget on leadership and management in the field of established functions.
Chairman of the Government of the Russian Federation Putin
Manufacture of products of the flour-grinding industry, starches and starch products
NOTIFICATION
on the start of business
from "" 20g.
(full and abbreviated, including company name (if any),
organizational and legal form of a legal entity, surname, name, patronymic of the individual
entrepreneur, taxpayer identification number (TIN))
_________________________________________________________________________
_________________________________________________________________________
(the postal addresses of the 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 activities 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 Exercise of State Control (Supervision) and Municipal Control" notifies of the start of the following type (s) of entrepreneurial activity:
_________________________________________________________________________
(the type (types) of activity and the work (services) performed within it are indicated
_________________________________________________________________________
the list of works and services as part of certain types of entrepreneurial activity, about
_________________________________________________________________________
the beginning of the implementation of which by a legal entity or individual
_________________________________________________________________________
the entrepreneur provides a notice)
from "" 20 and confirms the compliance of territories, buildings, premises, structures, equipment, and other similar objects, vehicle, intended for use in the implementation of the declared activity, personnel, other conditions for the implementation of entrepreneurial activity, mandatory requirements.
__________________________________ __________________ _____________________
(job title (signature of the head (initials, surname
head of a legal entity, head of a legal entity
legal entity) of a person representing a person, a person
interests of the legal representative
person, individual legal entity,
entrepreneur) individual
entrepreneur)
"On the notification procedure for the commencement of certain types of entrepreneurial activity"
(as amended on January 1, 2019,
with changes and additions, incorporated into the text,
according to the decrees of the Government of the Russian Federation: dated April 14, 2010 No. 245,
of 23.10.2010 No. 854, of 26.12.2011 No. 1132, of 04.09.2012 No. 882,
dated 25.01.2013 No. 42, dated 16.01.2013 No. 122, dated 20.06.2013 No. 516,
dated 21.06.2013 No. 526, dated 12.08.2013 No. 690, dated 17.12.2014 No. 1385,
of March 29, 2016 No. 246, of March 4, 2017 No. 260, of September 23, 2017 No. 1143,
dated 09.12.2017 No. 1500, dated 29.06.2018 No. 752, dated 29.08.2018 No. 1023,
dated 12.11.2018, No. 1352)
In accordance with Article 8 of the Federal Law "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Exercise of State Control (Supervision) and Municipal Control", the Government of the Russian Federation decides:
1. To approve the attached Rules for the submission of notifications on the start of certain types of entrepreneurial activity and the registration of these notifications.
Services for the provision of places for temporary and short-term residence and other places for temporary residence
II. Provision of personal services
Services for tailoring footwear according to the individual order of the population;
shoe repair, stretching and dyeing services
15.20.99.200, 95.23.10.100 - 95.23.10.198
Services for the manufacture of other knitted and crocheted products not included in other groups according to the individual order of the population;
repair and fitting / alteration services for clothing and household textiles
Services for the repair and maintenance of household 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
Furniture manufacturing and repair
31.02.99, 31.09.99, 95.24.10.110, 95.24.10.193, 95.24.10.194
Dry cleaning services (including cleaning services for fur products); dyeing and color intensification services; other textile cleaning services
96.01.12, 96.01.14,
Services for the maintenance and repair of vehicles, 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 physical culture and recreation
Other hairdressing and beauty services
III. Provision of catering services by catering organizations
Catering services
IV. Retail (with the exception of retail trade in goods, the free circulation of which is limited in accordance with federal laws)
Retail sale in non-specialized stores
Retail trade in food products in specialized stores
Retail sale of cosmetics and personal care products in specialized stores
Retail trade in non-stationary shopping facilities and in the markets
V. Wholesale trade (except for the wholesale trade in goods, free circulation of which is limited 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 baggage on orders by car (with the exception of the implementation of such transportation on regular routes, as well as to meet the own needs of legal entities, individual entrepreneurs)
Vii. Provision of services for the carriage of goods by road, the carrying capacity of which is over 2.5 tons (with the exception of such carriages carried out to meet the own needs of legal entities, individual entrepreneurs)
Carriage of goods by specialized by motor vehicles
VIII. Manufacture of textile materials, garments
Manufacture of finished textiles, excluding clothing
Manufacture of carpets and rugs
Production of knitted and crocheted fabrics
Manufacture of knitted and crocheted garments
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 products from leather and other materials;
manufacture of saddlery and other leather goods
Shoe manufacturing
XI. Wood processing and manufacture of wood and cork products, excluding furniture
Sawmilling and planing of wood
Manufacture of wood products, 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 computing technology and information technologies (except for 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 products for long and short storage
Production of rusks, biscuits and other rusks of bakery products, production of flour confectionery, cakes, pastries, pies and biscuits intended for long-term storage
XV. Milk and dairy production
Dairy production
XVI. Processing and preserving of potatoes, fruits and vegetables
Processing and preserving of potatoes, fruits and vegetables
XVII. Production of refined oils and fats
Production of refined vegetable oils and their fractions;
production of hydrogenated and transesterified 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 and cereal industry
Manufacture of products of the milling and cereals industry, starch and starch-containing products;
production of pasta
XX. Production of mineral waters and other non-alcoholic beverages
Production of soft drinks; production of mineral waters and other drinking water in bottles
XXI. Container and packaging production
Manufacture of wooden containers
Production 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 garments from felt, nonwovens, impregnated or coated textiles
Manufacture of garments and their accessories from vulcanized rubber
XXIV. Production of fire-technical products
XXV. Low voltage equipment manufacturing
XXVI. Production building materials and products
Manufacture of plastic products used in construction
Production of paving blocks, glass blocks, slabs and other products made of pressed or molded glass used in construction; production of glass for stained-glass windows; - manufacture of multi-celled glass or foam glass in blocks, plates and similar forms
Manufacture of ceramic tiles and tiles
Manufacture of bricks, tiles and other building products from baked clay
Cement, lime and gypsum production
Manufacture of products from concrete, cement and plaster
Manufacture of abrasive and non-metallic mineral products, not included in other categories
XXVII. Provision of social services
XXVIII. Production of measurement standards of units of quantities, reference materials and measuring instruments
XXIX. Travel agency activities
XXX. Transportation of goods by sea (excluding dangerous goods)
XXXI. Inland waterway transport of goods (excluding dangerous goods)
Inland waterway transport activities
XXXI I ... Transportation of goods by rail (except for dangerous goods)
Transportation of other goods
XXX III ... Transportation of cargo luggage by rail
Transportation of other goods
XXXIV. Transportation of goods (movement of goods without concluding a contract of carriage) on public railway tracks, with the exception of cleaning the arriving wagons from the railway exhibition tracks, their return to the railway exhibition tracks
XXXV. Production of products from meat and poultry meat
XXXVI. Processing and preserving fish and seafood X L I. Operation of explosion and fire hazardous and chemically hazardous production facilities of IV hazard class
The use of flammable, oxidizing, flammable, explosive, toxic, highly toxic substances and substances posing a danger to environment, at hazardous production facilities of IV hazard class
Processing of flammable, oxidizing, combustible, explosive, toxic, highly toxic substances and substances posing a danger to the environment at hazardous production facilities of IV hazard class
Storage of flammable, oxidizing, combustible, explosive, toxic, highly toxic substances and substances posing a danger to the environment at hazardous production facilities of IV hazard class
Transportation of flammable, oxidizing, combustible, explosive, toxic, highly toxic substances and substances that pose a danger to the environment at hazardous production facilities of IV hazard class
Destruction of flammable, oxidizing, combustible, explosive, toxic, highly toxic substances and substances posing a threat to the environment at hazardous production facilities of IV hazard class
Use (operation) at hazardous industrial facilities of IV hazard class of equipment operating under an excess pressure of more than 0.07 megapascals: steam, gas (in gaseous and liquefied state); water at temperatures over 115 degrees Celsius; other liquids at a temperature exceeding the boiling point at an excess pressure of 0.07 megapascals
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, commissioning, use, operation, including maintenance and repair)
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 disabled people, passenger conveyors (moving walkways), escalators, with the exception of escalators in subways
Installation, dismantling, operation, including maintenance and repair of elevators, lifting platforms for disabled people, passenger conveyors (moving walkways), 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 names of the types of work and services are given in accordance with the Federal Law "On Gas Supply in the Russian Federation".
Appendix No. 2
to the Rules of Submission
start notifications
implementation of selected types
business and
taking into account these notifications
Form of notification of the start of entrepreneurial activity
|
___________________________ (notice registration mark |
||
|
IN ___________________________________________________________________________________ (the name of the state control (supervision) body authorized in the relevant field of activity (its territorial body) to which the notification is submitted) |
||
|
NOTIFICATION |
||
|
(full and abbreviated, including corporate (if any), name, organizational and legal form of a legal entity, last name, first name, patronymic of an individual entrepreneur, taxpayer identification number (TIN), main state registration number legal entity or the main state registration number of the record on state registration of an individual entrepreneur (OGRN) _____________________________________________________________________________________ _____________________________________________________________________________________ (the postal addresses of the 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 activities 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 Exercise of State Control (Supervision) and Municipal Control" notifies of the start of the following type (s) of entrepreneurial activity: _____________________________________________________________________________________ (the type (types) of activity and the work (services) performed within it are indicated _____________________________________________________________________________________ the list of works and services as part of certain types of entrepreneurial activity, about _____________________________________________________________________________________ the beginning of the implementation of which by a legal entity or individual _____________________________________________________________________________________ the entrepreneur provides 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 a legal entity, a person representing the interests of a legal entity, an individual entrepreneur) |
"No. 9" 2009
The Government of the Russian Federation issued a special Resolution of 16.07.2009 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 recording them. The notification procedure itself has been in effect 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 comments on the innovations, member of the Chamber of Tax Consultants of the Russian Federation.
Since July 1, 2009, the licensing procedure for starting certain types of entrepreneurial activity has been 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 activity that a small and medium business... Among them: household, hotel services, catering, retail and wholesale (except for trade in goods whose turnover is limited by law), carriage of passengers and luggage (except for regular and for own needs), carriage of goods by road with a carrying capacity of over 2.5 tons, publishing and printing activities, production of textile materials, garments, clothing, leather , leather goods; wood processing and manufacture of wood and cork products, excluding furniture; activities related to the use of computers and information technologies (with some exceptions).
Legal entities and individual entrepreneurs should send a notice of the beginning of these activities to the authorized by the Government of the Russian Federation in the relevant field federal body executive power. This should be done after state registration and registration with the tax authority, but before the actual performance of work or the provision of services. This measure is aimed at simplifying the procedure for approvals that arise when opening an enterprise. After the notification has been provided, the local authorities should not require any additional approvals or permits.
Instead of obtaining permits and approvals, entrepreneurs 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.
The authorized body that registered the notification must also be notified of a change in the place of business, location (place of residence - for entrepreneurs) and on the reorganization of a legal entity. Changes should be reported within 10 working days from the date of making the appropriate entries in the Unified State Register of Legal Entities or EGRIP.
In case of failure to submit notifications of the beginning of the implementation of these types of activities or submission of notifications with inaccurate information, liability arises in accordance with the legislation of the Russian Federation. Most likely, in order to implement this legal norm, appropriate changes will be made to the Administrative Code.
As indicated 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 business activities, the form of notifications and the procedure for recording them.
Appendix 1 of the Rules establishes the List of works and services as part of certain types of entrepreneurial activity, the beginning of the implementation of which a legal entity or individual entrepreneur is notified.
In total, the list includes 36 activities with reference to the code All-Russian classifier types 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 presented in Appendix No. 2 of the document, and is submitted at the place of the proposed work to the appropriate authority before the start of the actual performance of work or provision of services. The text of the notice indicates that either individual entrepreneur 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.
The notification 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 staging on.
Documents can be submitted in person or sent by mail by registered mail with a list of attachments and a return receipt. One copy of the notification remains with the authorized body, and the second is sent to the applicant on the day of registration with the appropriate marks and indication of the registration number.
Appropriate authorized bodies have been identified that are responsible for accepting notifications. Depending on the type of services or work, the entrepreneur submits a notice to Federal Service on supervision in the field of consumer protection and human well-being 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 decree introduces appropriate changes to the regulations of Rospotrebnadzor, Rostransnadzor and the Federal Medical and Biological Agency, which will receive notifications from entrepreneurs about the start of a particular activity.
The authorized body keeps track of notifications by maintaining a register of notifications. The register is maintained in paper and electronic form. It includes the following information: the name of the legal entity or the full name of the entrepreneur, place of business, TIN, type of activity reported in the notification, etc. There is no fee for registering notifications, making entries in the register and providing information contained in the register ...
Registries are open and publicly available and are posted on the official websites authorized bodies... Within 10 days from the date of registration of the notification, departments must publish this information on their websites. In addition, departments are required to provide extracts from the registers free of charge at the request of the authorities state power and local government.
If the decision to start your own business is finally made, it remains to decide where to start your business. If we omit purely production issues related to the functioning of each specific enterprise, the question arises about the legal process of legalizing entrepreneurial activity.
In this case, there are generally obligatory steps, such as state registration (created by a legal entity or a citizen as an entrepreneur) and tax registration. There are stages required only for certain types of activities. It can be:
- obtaining a license;
- joining a self-regulatory organization (SRO);
- obtaining certain permits from your SRO, etc.
All of its types can be divided into 2 groups:
- those that need to start in a notification order;
- and those for which it does not apply.
In the first case, it is supposed to submit a notice of the start of business activities to the relevant executive authority. Which body is notified depends on the type of proposed activity and is determined by the Government of the Russian Federation.
What are the goals of the notification procedure for starting a business
To understand what are the goals of the notification procedure for starting a business, you need to remember: representatives of business interests regularly point out the need to reduce all types of burden on entrepreneurs. One of the ways to achieve this goal was the introduction of a notification procedure for starting a business in 2009.
Its introduction should help achieve a number of fundamentally important goals:
- Facilitate starting a business by reducing the amount of documentation that an entrepreneur needs to submit to start a business.
- Accelerating the emergence of new business entities. Now it is enough to simply submit a notification before the start of the actual functioning of the organization, and the term for considering the appeal is 1 day.
- Facilitating citizens' access to services on notification of the start of entrepreneurial activity. Now, to submit a notification, it is enough to contact the MFC, there is an opportunity to do this electronically through the portal of public services. From 01.01.2018, it is possible to submit a notification not at the place of the proposed activity (see Decree of the Government of the Russian Federation of 09.12.2017 No. 1500).
- Reducing the risk of corruption offenses by eliminating the need to personally coordinate the start of business with nearly a dozen individual government agencies and services.
- Reducing the burden on certain state bodies and structures, whose employees are now freed from the need to personally receive entrepreneurs.
In what cases and how a notification is submitted to SES or Rostransnadzor about the start of activities
The notice is sent by entrepreneurs to the industry body that controls the type of activity that the individual entrepreneur or legal entity is planning to engage in.
So, start notification hospitality, the provision of consumer services to the population and other activities provided for in paragraphs. 1-18, 22-53, 56-64, 67, 73, 74, 76-78 of the list of works and services, approved by the decree of the Government of the Russian Federation of July 16, 2009 No. 584, is sent to Rospotrebnadzor. At the same time, the SES notification of the start of activities as an entrepreneur is not separately submitted, since this service is a subdivision of Rospotrebnadzor.
If it is supposed to conduct the activities provided for in paragraphs. 19-21 , 68-72 of the list of works and services approved by Resolution No. 584, you will have to submit a notice of the start of activities to Rostransnadzor.
As for the sample of notification to the SES about the start of activities, then, as already mentioned, the document is sent to the address of Rospotrebnadzor, and a single form for filing with any of the authorized services was approved by Resolution No. 584.
Notification rules
The notification procedure for starting business activities was approved by Resolution No. 584.
The filing rules are simple:
- The notification can be submitted by personally appearing at the service, through the MFC, through the portal of public services, sent by e-mail or regular mail or by courier. To send by email a certified electronic signature will be required in accordance with the law "On Electronic Signatures" dated 06.04.2011 No. 63-FZ.
- The notification is submitted in 2 copies, completed in Russian, without errors and corrections. When submitting through the MFC, 1 copy is sufficient.
- The notice must be submitted before the actual start of business.
- There is no duty on notification, this service is free of charge.
- The term for consideration of the appeal is 1 day.
Can they refuse to accept the notification and what is the responsibility for evading it
There are no grounds for refusing to accept the notification. If you look at the administrative regulations of line ministries and departments devoted to recording notifications from entrepreneurs, you can find grounds for refusing to take into account the accepted notification.
In fact, there is one thing: the submitted document does not meet the requirements of Appendix 2 to Resolution No. 584. An example of this is Clause 51 of the Administrative Regulations approved by Order of the Ministry of Emergency Situations of Russia dated September 26, 2017 No. 399, which directly provides for such a basis for refusing to register a notification.
The second reason for refusal is the absence of at least one of the copies of mandatory documents:
- extracts from the Unified State Register of Legal Entities or EGRIP;
- certificates of registration with the tax authorities.
If, without understanding how to start business from scratch, the entrepreneur ignores such an obligation, then he is threatened with administrative liability under Art. 19.7.5-1 of the Administrative Code of the Russian Federation. It provides for liability for violation of the procedure for notification of the start of entrepreneurial activity in the form of a fine of up to 20,000 rubles. If in the process of notification false information is submitted, the fine will increase to 30,000 rubles.
Summing up, let's say that the notification procedure should significantly facilitate the start of entrepreneurial activity in Russia, but in practice there are still enough problems. With the adoption of Resolution No. 584, bureaucratic barriers have been significantly reduced and the process of forming new economic units has accelerated.