What documents to submit to Rospotrebnadzor when notifying the start of activities. Notification of the commencement of certain types of business activities

What is a notification procedure

In accordance with 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” (hereinafter referred to as Law No. 294-FZ), legal entities and individual entrepreneurs are required to notify at the beginning of business activities, the authorized federal executive body. This obligation was established on July 1, 2009.

A notification procedure for starting activities has been introduced instead of obtaining permits and approvals from various government bodies.

By notification, the business entity confirms the compliance of the territories, buildings, premises, structures, vehicles, equipment, and other similar objects intended for use in the process of carrying out the declared activities, personnel, and other conditions for conducting business activities with mandatory requirements, as well as the requirements established by municipal legal acts. If an organization or entrepreneur has submitted a notification about the start of activities, then any requirements for them to obtain permits, opinions and other documents issued by state authorities or local governments to start business activities are illegal (Clause 3 of Article 8 of Law No. 294-FZ ).

Where to submit a notice of commencement of activity

Business entities that begin to provide services or perform work as part of the types of activities listed in clause 2 of Art. 8 of Law No. 294-FZ, submit a notification to the territorial bodies of Rospotrebnadzor about the start of this activity.

Regardless of the location of the activity, a notification about the beginning of the provision of services for the transportation of passengers and luggage by road, road freight transport services (specialized and non-specialized) must be submitted to the territorial body of the Federal Service for Supervision of Transport (Rostransnadzor).

If business entities begin activities in the territory served by the Federal Medical and Biological Agency of Russia (FMBA), then they send a notification of the start of activities to the territorial body of this agency. The list of territories served by FMBA was approved by Order of the Government of the Russian Federation dated August 21, 2006 No. 1156-r. In the Krasnoyarsk Territory, these include Zheleznogorsk and Zelenogorsk.

When and in what form to notify

Decree of the Government of the Russian Federation dated July 16, 2009 No. 584 approved the Rules for the submission of notifications (Appendix No. 1) and the notification form (Appendix No. 2).

It is necessary to notify the authorized body about the start of business activity immediately after state registration and tax registration before the actual performance of work or provision of services.

The notification in 2 copies can be submitted in person or sent by registered mail with a list of attachments and a postal notification. One copy of the notification with a mark on the date of its receipt and registration number is returned to the applicant.

From January 1, 2011, a notification signed with an electronic digital signature (electronic digital signature) can be sent in the form of an electronic document. The day of submission of the notification will be considered the day of registration of the document in the electronic document management system of the authorized body, of which the applicant will be sent an electronic notification signed with the digital signature of the authorized body.

Notification can be submitted electronically through the state portal www. gosuslugi. ru or through the websites of the relevant departments (Rospotrebnadzor, Rostransnadzor or FMBA).

The authorized body registers received notifications in the register. The information contained in the register is public and is posted on the official website of Rospotrebnadzor, FMBA or Rostransnadzor on the Internet within 10 days from the date of receipt of the notification.

What changes should be reported to the authorized body

An economic entity is obliged to report to the authorized body that registered the notification (Clause 6, Article 8 of Law No. 294-FZ):

1) on changing the location (for a legal entity) or place of residence (for individual entrepreneurs);

2) about a change in the place of actual implementation of activities;

3) on the reorganization of a legal entity.

An application drawn up in any form is sent within 10 working days from the date of making the relevant changes to the Unified State Register of Legal Entities (USRIP). Copies of documents issued by the registration authority and confirming the fact of making changes are attached to the application. From January 1, 2011, the specified information (application and copies of documents) can be sent electronically with an electronic signature.

Types of activities for which a notification procedure is established

List of works and services as part of certain types of business activities, the beginning of which a legal entity or individual entrepreneur provides notification of

(Appendix No. 1 to the Rules, approved by Decree of the Government of the Russian Federation dated July 16, 2009 No. 584)

I. Provision of hotel services, as well as services for temporary accommodation and provision of temporary accommodation

1. Hotel activities (55.1)

2. Operation of other places for temporary residence (55.21, 55.22,55.23.1, 55.23.2)

II. Provision of household services

3. Repair, painting and sewing of shoes (011100 – 011300)

4. Repair and sewing of clothing, fur and leather products, hats and textile haberdashery products, repair, sewing and knitting of knitwear (012100, 012200, 012400, 012500)

5. Repair and maintenance of household radio-electronic equipment, household machines and household appliances, repair and manufacture of metal products (013100 – 013400)

6. Manufacturing and repair of furniture (014100, 014200)

7. Dry cleaning and dyeing, laundry services (015000)

8. Maintenance and repair of vehicles, machinery and equipment (017100 – 017500)

9. Services of photo studios and photo and film laboratories (018100)

10. Services of baths and showers (019100)

11. Hairdressing services (019300)

III. Provision of catering services by catering organizations

12. Catering services (122100, 122200)

IV. Retail trade (except for retail trade in goods, the free circulation of which is limited in accordance with federal laws)

13. Retail trade in non-specialized stores (52.1)

14. Retail trade of food products in specialized stores (52.21 - 52.24, 52.27)

15. Retail trade in cosmetics and perfumes (52.33)

16. Retail trade in tents and markets (52.62)

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

17. Wholesale trade in food products (51.32, 51.33, 51.36.3, 51.38.1, 51.38.22,51.39.1)

18. Wholesale trade of non-food consumer goods (51.45.1, 51.47.33, 51.53.22, 51.55.1)

VI. Providing services for the transportation of passengers and baggage on orders by road transport (with the exception of such transportation along regular transportation routes, as well as to meet the own needs of legal entities and individual entrepreneurs)

19. Services for the transportation of passengers and luggage in urban, suburban and intercity traffic (025201 – 025203)

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

20. Activities of specialized road freight transport (60.24.1)

21. Activities of road freight non-specialized transport (60.24.2)

VIII. Production of textile materials, garments

22. Weaving production (17.2)

23. Production of finished textile products, except clothing (17.4)

24. Production of other textile products (17.51)

25. Production of knitted fabric (17.6)

26. Production of knitted products (17.7)

IX. Manufacture of wearing apparel

27. Production of leather clothing (18.1)

28. Production of clothing from textile materials and clothing accessories (18.2)

X. Production of leather, leather products, including shoes

29. Tanning and finishing of leather (19.1)

30. Manufacture of suitcases, bags and similar products of leather and other materials, production of saddlery and other leather products (19.2)

31. Shoe production (19.3)

XI. Wood processing and manufacture of wood and cork products, excluding furniture

32. Sawing and planing of wood; wood impregnation (20.1)

33. Production of veneer, plywood, slabs, panels (20.2)

34. Manufacture of wooden building structures, including prefabricated wooden buildings, and joinery (20.3)

XII. Publishing and printing activities

35. Printing activities and provision of services in this area (22.2)

XIII. Activities related to the use of computer technology and information technologies (with the exception of the specified activities carried out for the purpose of protecting state secrets)

36. Maintenance and repair of office machines and computer equipment, including cash register equipment (72.5)

XIV. Production of bread, bakery and confectionery products

37. Production of bread and flour confectionery products for long-term and short-term storage (15.81 - 15.82)

XV. Production of milk and dairy products

38. Production of dairy products (15.5)

XVI. Production of juice products from fruits and vegetables

39. Production of fruit and vegetable juices (15.32)

XVII. Production of oil and fat products

40. Production of vegetable and animal oils and fats (15.4)

XVIII. Sugar production

41. Sugar production (15.83)

XIX. Production of flour products

42. Production of flour and cereal industry products, starches and starch products (15.6)

XX. Production of soft drinks

43. Production of soft drinks, except mineral waters (15.98.2)

Note.The codes of activities according to OKVED (OK 029-2007) and OKUN (OK 002-93) are indicated in brackets.

Types of activities for which the notification procedure for the start of activities is established by paragraph 2 of Article 8 of Law No. 294-FZ:

(clause 21) management of apartment buildings;

(clause 22) provision of services and (or) performance of work on the maintenance and repair of common property in apartment buildings;

(item 23) production of standards of units of quantities, standard samples and measuring instruments;

(item 24) production of containers and packaging;

(item 25) furniture production;

(clause 26) production of personal protective equipment;

(item 27) production of fire-fighting technical products;

(item 28) production of low-voltage equipment;

(item 29) production of construction materials and products;

(clause 30) provision of social services.

Administrative responsibility

According to Art. 19.7.5-1 Code of Administrative Offenses of the Russian Federation, violation of the procedure for submitting notifications is an administrative offense and entails a fine in the amount of 3,000 to 5,000 rubles. for officials and from 10,000 to 20,000 rubles. for legal entities. Submission of a notice containing false information will entail a fine of 5,000 to 10,000 rubles. for officials and from 20,000 to 30,000 rubles. for legal entities.

Notification of the start of business activity is a necessary document when submitted to authorized authorities if you want to open your own business, regardless of the chosen field of work. What exactly it is and how you need to officially notify the relevant authorities about the closure of your business, we will describe in detail below.

Features of filing a notification

As many beginning businessmen know, starting a business requires a mandatory notification procedure when performing certain tasks. The organization either submits this document after the state registration procedure of its newly formed structure and after tax registration, but before the moment when the company begins its work. .

At the same time, there are certain exceptions for legal entities registered before the first half of 2009; for them, it is not required to submit an application to start a business activity in general form, only in the case of opening branches on the territory of the Russian Federation.

Types of activities requiring a notification procedure

It is necessary to notify the competent authorities that your company has started work in cases where it is engaged in such areas as:

  • hotel services;
  • household and services;
  • wholesale and retail trade in consumer goods;
  • individual and freight transportation;
  • manufacture of wearing apparel;
  • production of building materials and furniture;
  • publishing and printing;
  • information Technology;
  • food production;
  • social sphere;
  • travel business.

So, if you plan to start working in one of the listed areas, then you should first inform one of the authorized structures about the start of business activities.

Where should I send the required documentation?

Notification of the start of business activity, depending on its scope, should be submitted to one of the following authorities:

  • Rospotrebnadzor;
  • biomedical agency;
  • Rostransnadzor (when providing transportation services);
  • Rostrud (for production services);
  • Ministry of Emergency Situations of the Russian Federation (if we are talking about the production of fire protection equipment and other protective products);
  • Rosstandart;
  • executive authority of the region (housing inspection or other body depending on the region of the country).

How to find a territorial body of a particular authority in the regions?

If you are planning to start your business in the regions, then the notification of the start of business activity must be submitted at the place of registration of the legal entity to the local authority of one or another authorized structure.

In order to find a local branch of the same Rospotrebnadzor or Rostrud, you should go to the website of the department you are interested in, enter your region and select from the proposed list of branches the one that suits you according to the location of the future company. There is also contact information: you can call and clarify the reception time of representatives of the structure.

According to current legislation, the notification procedure for starting a business activity is carried out exclusively at the place of registration and actual operation of the future business.

Penalties for failure to submit information

Notification of the start of business activity is a prerequisite for opening your own business. In the absence of filing this document, the owner of the company may be subject to penalties since such an action, from a legislative point of view, is

Their size in the absence of filing an application depends on who is subject to it - a legal entity or and ranges from 3 to 20 thousand rubles.

If the document was submitted but contained false data, then the sanctions will range from 5 to 30 thousand rubles, respectively. That is why it is better to fill out all the information based on reality and submit the documentation according to the required deadlines. Remember that it is very easy for representatives of competent structures to verify the veracity of the specified data, and it is highly undesirable to resort to deception.

Notification form

According to the law, there is a special form for filling out such a document as a notice of business activity. It must be signed by the head of the company or an individual businessman. Next, it should be stamped with the seal of the newly formed organization, if one has already been made, so this item is not mandatory.

The notice consists of the following items:

  • name of the authority where it is submitted;
  • date of signing;
  • surname and initials, as well as the position of the head of the new legal entity.

And only after the document has been endorsed, the start date for business activity is determined, which you set yourself. It can be submitted either electronically at the destination or in printed form, then you should fill out the form in two copies and submit it to an authorized person.

What other data may be included in the notification of the start of business activity?

In addition to the above points, the document confirming the start of business activity also includes data such as OGRG and TIN, the location of both the legal entity and the place of direct implementation of work (sometimes they may coincide). The postal address of the main office and the location of branches and representative offices is also required if we are talking about a network business.

If the form is filled out by an individual entrepreneur who does not plan to open branches in the near future, then he only needs to indicate information about where exactly his company will operate. In other words, indicate the address of the location of the future cafe, service center, beauty salon, etc.

You will also need to include in the document the area in which you plan to open your business and a list of types of work that will be performed by you or your subordinates. Please note that several of them can be indicated at once, and if they are very different from each other, notification of the start of business activities must be submitted to different authorities depending on the type of activity of the organizations.

Document submission rules

Many people interested in how to start a business will immediately learn about the procedure for submitting the relevant notification to the competent authorities. So, the document itself can be sent to the required authority in the most acceptable way for you:

  • when contacting an authorized structure in person;
  • in the form of a postal notification with a description of the attachment, with the date of submission being the day the correspondence was sent;
  • by email, subject to the document being certified with a special digital seal from the applicant.

The latter option can be implemented through the Unified Government Services Portal; this possibility is provided for by law. It will certainly be acceptable for those who do not have enough time to go to certain authorities.

In cases where you choose a more traditional method for sending documentation, then in paper form you should draw up a notice in two copies.

Approval procedure and additional documentation

Please note that current legislation does not provide for payment by the applicant for filing a notice of commencement of business activity.

When a document is in the hands of a representative of an authorized structure, he is obliged to register it and put a stamp on the endorsement, date and indicate the registration number. One copy remains with him, the second is given to the applicant. A notification sent electronically is confirmed through electronic registration, of which the sender receives a notification through the Unified Government Services Portal.

So, you should submit the following list of documents:

  • notification of business activities;
  • inclusion of transport and other infrastructure (territory, buildings, premises, etc.) of the future company in the appropriate register;
  • extract from the state register of legal entities and individual entrepreneurs;
  • tax registration certificate.

In what cases can an applicant be denied a business permit?

Sometimes an applicant may be denied notification of starting a business. There are a number of reasons for this, in particular the following:

  • If the document was submitted without being drawn up in the form established by law. In this case, it is returned to the applicant and he is advised to revise it and resubmit it.
  • In cases where the notification was provided to an authority that does not correspond to the chosen type of activity. In such cases, the applicant receives a document indicating the refusal to accept the application; information and details of the authorized body to which he should send it are also attached to the refusal.

Please note that the refusal in both cases is not final, but is only a basis for finalizing the existing documentation or submitting it to the required competent authority.

What to do if the address of the company has changed?

If, due to certain circumstances, after receiving permission to carry out a particular type of activity, the entrepreneur changed his legal or actual address, or the company was reorganized and the form of ownership was changed, then information about these changes should be reported to the same authorities where the notification was submitted.

In order to report this, you need to draw up an application in any form and submit it to the appropriate authority within ten working days from the date of change of address or details. This can be done through a personal application or remotely through the Unified Government Services Portal.

The application must be supported by a document such as a certificate of change in data in the Unified State Register of Legal Entities or Individual Entrepreneurs.

In cases where the information was not submitted in a timely manner, the company owner or businessman may face a fine of 100 to 5,000 rubles depending on (or for incorrect submission of data).

How to notify about the termination of business activities?

So, we already know how and where to submit a notice of starting a business activity, and now we will look at what needs to be done to terminate it.

The end of work can be due to various reasons. For example, the business did not pay off; the funds invested in it did not bring the expected profit. A person may also want to change his field of work, start a business in another country, or prefer hired or better paid work.

According to the Tax Code of the Russian Federation, if an activity was carried out under a simplified tax system, its suspension must be reported to the appropriate authority, indicating a specific date for the end of the enterprise's work.

The notice is an approved form to be completed and must be submitted no later than fifteen business days from the date and date specified in the document.

As you can see, opening your own business is accompanied by the need to collect and submit certain documents to various authorities, in particular, notification of the start of business activity.

However, nowadays you can save a lot of time if you choose the remote method of sending all the required information via the Internet. The time saved on running around can be perfectly used for organizational issues when starting your own business.

When a legal entity or individual entrepreneur plans to engage in a type of activity in Moscow included in the list of regulated bodies required to be notified, he is obliged to submit a notification immediately after registration of the individual entrepreneur or legal entity and before the start of activity.

Regulations

The need for notification of the start of a type of activity is justified by Federal Law 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” and the Decree of the Government of the Russian Federation No. 584 on the notification procedure for the start of certain types of business activities dated 16.07 .2009

Notification from Rospotrebnadzor about the start of activities in Moscow

A notification of business activity must be submitted to Rospotrebnadzor in a strictly established manner and according to a specific template. Let us next consider the main aspects that you should pay attention to when drawing up this document.

Which companies must notify about the start of a type of activity in Moscow

Any company or individual entrepreneur must send a notification of activity to Rospotrebnadzor if the activity falls into the following types:

  • Hotel services, including provision of temporary accommodation or accommodation
  • Domestic services
  • Catering services
  • Retail trade (except for goods with limited turnover under the legislation of the Russian Federation)
  • Wholesale trade (except for goods with limited turnover under the legislation of the Russian Federation)
  • Textile production
  • Tailoring
  • Manufacture of leather goods (including footwear)
  • Dairy production
  • Making bread and bakery products
  • Making sugar
  • Production of oil and fat products
  • Making juices from vegetables and fruits
  • Production of flour products
  • Production of soft drinks
  • Manufacture of wooden products and wood processing, excluding furniture
  • Printing and publishing activities
  • Information technology and computing
  • Freight transportation

How to correctly draw up a notice of the start of an activity in Moscow

The notice of commencement of activity is drawn up in the form established by law. The following are points to consider when writing a notice:

1. The notification must indicate, first of all, information about the applicant, the date the document was drawn up, and the name of the body to which the notification is submitted.

2. Companies indicate their full, abbreviated and corporate (if any) name, and private entrepreneurs indicate their full name.

4. The next paragraph is the full legal and physical address at which the activity is carried out, including the addresses of branches and representative offices, if any. For private entrepreneurs, only the postal address of the place where the activity is carried out.

5. The notification should indicate the same types of activities and works, services related to this activity. OKVED or OKUN codes are given.

6. The start date of the activity is set.

7. The notification is completed by the signature of the head of the organization, the trustee (if any) or the individual entrepreneur. A stamp is also affixed. In the case of an individual entrepreneur, the seal may not be affixed.

9. If you intend to conduct several types of activities from the list of mandatory notifications, you must submit a notification for each of them separately.

10. Notification can be submitted in person at the territorial representative office of the authorized body, and can also be sent by mail in writing or electronically. Submission in electronic form can be made through the State Services portal www.gosuslugi.ru, as well as to the email address of the Rospotrebnadzor Office if there is a digital seal and electronic signature of the applicant.

11. Notification of an individual entrepreneur to Rospotrebnadzor about the start of activities is sent according to the same rules as for a legal entity.

12. You can send notification of the start of activities to Rospotrebnadzor free of charge.

13. If you have drawn up a notification in writing, then on the day of registration the authorized body assigns it a number and puts a mark indicating the date. One copy remains with the authorized body, and the second remains with you. If the notification is drawn up correctly and submitted electronically, on the day of registration you will receive an electronic confirmation certified by the electronic signature of the authorized body. If the notification is incorrect, you will receive a justified refusal with recommendations for correcting the situation.

Please note that the latest changes were introduced by government decree on March 4, 2017 and came into force on March 17, 2017. We have reviewed the most important points, and you can find the full text of the document on the Internet.

Liability for failure to notify about the start of an activity or for containing incorrect information

In the event that the notice of commencement of business activity has not been submitted or contains inaccurate information, Rospotrebnadzor has the right to choose a measure to suppress violations in accordance with the table below.

In what cases is it necessary to submit a notice of commencement of business activity? Many areas of activity in which small businesses are engaged are under additional control of government agencies. This refers to non-tax supervisory services, such as Rospotrebnadzor, Roszdravnadzor, Ministry of Emergency Situations, Rostransnadzor and others...

Who must give notice

Notification of the start of business activities should be submitted only by those individual entrepreneurs who have started a real business according to the List approved by Decree of the Government of the Russian Federation of July 16, 2009 No. 584.

The list of business areas in respect of which a notice of commencement of business activity must be submitted includes:

  • Services (hotel, household, catering, social, transportation of passengers and cargo, travel agencies);
  • Trade (retail and wholesale);
  • Production (clothing, footwear, furniture, building materials, food, etc.).

At first glance, it seems that you need to submit a notification for almost any area of ​​business, but this is not so. The list contains specific OKVED codes, the beginning of which must be implemented by submitting an application to the supervisory authority.

If you simply indicated these OKVED codes when registering an individual entrepreneur, but are not actually involved in them, then you do not need to submit a notification about the start of activities.

The areas of activity of small businesses are diverse and control over them is carried out by various supervisory authorities authorized to do so by regulatory legal acts. Government Decree No. 584 does not indicate where exactly to submit a notification in different situations, so we advise you to rely on our table.

Government body Line of business

Rospotrebnadzor

Hotel, household, catering services, travel agencies

Rospotrebnadzor

Retail and wholesale trade

Rostransnadzor

Transportation services

passengers, luggage, cargo by all types of transport

Rospotrebnadzor

Production of textile materials and clothing, clothing, footwear, leather goods, furniture, wood products, food, containers and packaging, personal protective equipment, building materials

Rospotrebnadzor

Publishing and printing activities, activities related to the use of computer technology

Russian Emergency Situations Ministry

Production of fire-technical products

Rosstandart

Production of low-voltage equipment, standards

units of quantities, standard samples and measuring instruments

Social services

Housing Supervision AuthorityManagement services for apartment buildings, maintenance and current repairs of common property in an apartment building

Rostechnadzor

Operation of explosive, fire and chemically hazardous production facilities (hazard class 4)
Veterinary Supervision Authority

Production of ready-made animal feed

From this table the relationship between the business area and the body supervising it is clearly understood. For example, is it necessary to notify Rospotrebnadzor about the start of activities when starting cargo transportation? No, it is not necessary, because the supervisory authority in this area is Rostransnadzor.

Unfortunately, it is not possible to provide a database of contact information for the territorial divisions of all supervisory authorities within the framework of our article, so look for these addresses on the official websites of the relevant federal departments.

Form of notification to Rospotrebnadzor about the start of activities approved by Government Decree No. 584 of July 16, 2009. The same form is used to inform other authorities about the start of a business. You can submit the document in person, by mail or through the government services portal.

An example of a completed notification of the start of activities in Rospotrebnadzor. Place a stamp (if any) and signature.

Responsibility for failure to notify

What happens if the notification to Rospotrebnadzor about the start of the individual entrepreneur’s activities is not submitted on time or not submitted at all?

For entrepreneurs who are equated to officials in relation to administrative sanctions, liability is established under Article 19.7.5-1 of the Code of Administrative Offenses of the Russian Federation:

  • For failure to submit - a fine of 3 to 5 thousand rubles;
  • For submitting a notice with false information – from 5 to 10 thousand rubles.

However, this type of offense falls under Article 4.5 of the Code of Administrative Offenses of the Russian Federation, according to which the period for bringing to justice cannot exceed two months (and if the case is being considered by a court, then three months) from the date of commission. That is, if the store began to operate without filing a notice, and Rospotrebnador discovered this fact later than two months later, then it is no longer possible to prosecute under Article 19.7.5-1 of the Code of Administrative Offenses of the Russian Federation.

A similar case was considered by the Supreme Court of the Russian Federation (Resolution of the Supreme Court of the Russian Federation of April 24, 2013 N 56-AD13-4 is freely available). The higher court overturned the court decisions that had already been made precisely because the deadline for holding the store accountable had expired.

The question arises: is it necessary to notify Rospotrebnadzor about the start of activities (the same applies to other inspectors), if the period for bringing to justice for this violation is so short, and few people face a fine? Yes, it is necessary, and regulatory authorities are also seeking to fulfill this obligation from businessmen through the courts.

In addition, in the case considered by the Supreme Court, the store was nevertheless issued court decisions obliging it to pay a fine. If you do not want to get involved in lengthy legal proceedings, it is easier to simply file the notice on time.

Now you know everything you need about the Notice of Commencement of Business Activities. Read also about the first thing. Ask your questions in the comments (we don’t delay in answering 😉) and subscribe to our newsletter: only new, useful articles, no spam.

An entrepreneur, having opened his own business, needs as fast as possible notify government authorities about the creation of an enterprise. To do this, he submits an application to several authorities, undergoes registration and collects the necessary documents.

What it is

According to the law, every entrepreneur who starts his own business must notify government agencies about this fact and go through the registration procedure. The obligation to notify regulatory authorities applies to individual entrepreneurs and legal entities.

The Federal Law “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs...” stipulates the obligation to notify the supervisory authority if the chosen activity falls under the provisions of this law. Notification – confirmation that all applicable standards and requirements were met at the time of starting the business.

Legislative framework for 2018

This procedure is regulated in regulations:

  1. Decree of the Government of the Russian Federation No. 584 (hereinafter referred to as PP No. 584). It establishes the obligation of businessmen to notify the start of work in accordance with the current OKVED codes. Plus, the general form of the form for notifying regulatory authorities is fixed.
  2. “Rules for providing notifications about the start of certain types of business activities.” They are approved by PP No. 584.
  3. Federal Law “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control and municipal control” No. 294.

This legislative system gives each authority the right to independently determine the procedure for submitting and reviewing forms from businessmen.

Individual entrepreneurs, in addition to notifying the above authorities, will need to notify the following bodies:

  1. Pension Fund of the Russian Federation. Documents and applications are submitted to the local representative office of the Pension Fund or through the MFC. According to the law, all individual entrepreneurs transfer fixed payments immediately after registration, and not after opening a business. If he hires workers under an employment contract, he is registered as an employer. The owner is given 30 days from the date of employment of the employee to do this.
  2. FSS RF. Here, an individual entrepreneur is registered only when hiring workers, within 10 days from the date of signing the employment contract.
  3. Federal State Statistics Service. It is not necessary to notify Rosstat; this should only be done when opening an individual entrepreneur current account.

To whom and who must give notice

It is necessary to notify only when engaged in the activity presented in the list. But, for example, if, after registering as an individual entrepreneur, a citizen indicated several OKVED codes, but in fact was not engaged in the listed work, There is no need to notify about the start of business.

In addition to OKVED, a notification is submitted only if a person is ready to start a business.

It is still necessary to notify Rospotrebnadzor before opening a retail or production point, and not during the first time of work, otherwise the entrepreneur faces a fine. At a minimum, a lawsuit can be filed for advertising a store even before the official opening. Therefore, a notification is given first, and then you can work.

Those persons who conduct business according to the code from the OKVED list (established in PP No. 584) must notify about the start of entrepreneurial activity. Subject to such control the following areas:

  1. Tourism and recreation, hotel business, household and social services, transport, catering.
  2. Retail and wholesale trade.
  3. Manufacturing sector.

The list includes more than 40 general and more than 80 specific types of business activities.

Terms and conditions

The notification is given at the stage when the individual entrepreneur or legal entity. a person only plans to engage in certain activities specified in the List. It is sent after registration of an individual entrepreneur or legal entity. faces, but until the moment of opening. While the entry has not been made in the state register, there is nothing to notify supervisory authorities about.

It is allowed to indicate several types of work performed and different addresses at which it is carried out. It follows that:

  1. If the planned work is controlled by one body, they are recorded in one document.
  2. If activities are under the supervision of different authorities, each department must be notified.
  3. If an entrepreneur organizes work related to one body, but is carried out at different addresses, coordination with the department is required.

Where to submit and how to do it correctly

Most areas in small business are controlled not only by the tax authorities, but also by a number of related authorities. PP No. 584 does not stipulate which authorities need to be notified when opening a business. Each has its own competencies, and the citizen must independently come and notify them.

The areas of supervision and authorities that need to be notified are shown in the table below.

Supervisory institutionsAreas of entrepreneurship
Rospotrebnadzor

www.rospotrebnadzor.ru

Controls the following areas:

· Hotel and personal services, catering and travel agencies.

· Retail and wholesale trade.

· Production of textile and building materials, clothing, wood and leather products (clothing, furniture, shoes, etc.).

· Food production.

· Activities based on the use of computer technology.

· Production of containers and packaging materials.

· Creation of personal protective equipment.

· When engaged in publishing or printing.

Roszdravnadzor and Rostrud

www.roszdravnadzor.ru

www.rostrud.ru

They control the sphere of social services.
Ministry of Emergency Situations

www.mchs.gov.ru

Receives notifications about activities related to the production and sale of fire-fighting equipment.
Rostechnadzor

www.gosnadzor.ru

Reviews notifications about activities that use explosion, fire and chemically hazardous means and objects (4 classes).

The message is sent to the department of the supervisory authority responsible for the area of ​​activity of the business entity. You can find out about its location on the official website of the department.

Most of the notifications are sent to Rospotrebnadzor. But in some territories, its functions are performed by the FMBA. Basically, it operates in closed administrative-territorial entities.

You can notify regulatory authorities:

  1. By visiting the unit yourself.
  2. By sending the document by mail.
  3. Through the State Services portal https://www.gosuslugi.ru/ (in electronic form, with a digital signature of the owner).
  4. Through MFC.

The document states:

  1. Name of the territorial unit to which the notification was sent.
  2. Date of preparation of the document.
  3. Information about the applicant: full name (for individual entrepreneurs), TIN and OGRN (for legal entities).
  4. Address of the declared activity.
  5. Types of activities carried out - their codes indicated in the list of PP No. 584, as well as the activity code according to OKVED or OKUN.
  6. Date the business opened and started working.

The owner signs, he writes down the surname and initials, and puts a stamp, if available.

Responsibility for failure or errors

Entrepreneurs who have opened their own business have the status of an official by law. If notified, they are subject to administrative responsibility(Article 19.7.5-1 of the Code of Administrative Offenses of the Russian Federation). Installed the following fines:

  1. For lack of notification - 3000-5000 rubles for individual entrepreneurs and 10,000-20,000 rubles for legal entities. persons
  2. For submitting knowingly false information – 5,000-10,000 rubles for individual entrepreneurs and 20,000-30,000 rubles for organizations.

The supervisory authority can prosecute through court. Sanctions are imposed provided that the offense is detected no later than 2 months(if the case went to court - no later than 3) from the date of submission of documents (according to Article 4.5 of the Code of Administrative Offenses of the Russian Federation), otherwise there is a risk of getting involved in a long and financially costly trial.

Can they refuse admission?

Typically, government agencies refuse in two cases:

  1. If the notification is submitted to the wrong authority.
  2. If the form is not followed.

In the first case, the entrepreneur will be told which authorized body needs to be notified. In the second situation, they will point out errors and demand that you provide a new form in accordance with the established form. If no errors are found upon resubmission, the document is accepted.

When giving notice in writing, you need to prepare Two copies. An authorized employee will mark the forms. One will remain in the body, the second - in the hands of the entrepreneur. When sending an electronic form, confirmation will be sent in the same form.

There is no state fee for filing a document. No other evidence is required to be attached.

If the organization's address has changed

If the entrepreneur has changed his place of residence or the address at which the business will be conducted, he must re-notify regulatory authorities. In this case, the same form applies as for the initial notification.

These changes must be reported within the next 10 days from the date of amendment to the state register. In this case, you need to attach evidence confirming this fact.

The company is planned to be liquidated

When deciding to liquidate a business the supervisory authority must be notified. The form is submitted to the same department where the document on starting work as an entrepreneur was sent.

Control authorities must be notified no later than 10 days from the moment of liquidation or reorganization of the enterprise or individual entrepreneur. It is necessary to provide documents confirming the closure of the legal entity. persons (IP).

Changes in 2018

Since 2018, changes to the List of Activities previously approved by the Government have come into force. Some codes have been replaced, some provisions have become invalid.

Plus, from January 1 of this year, any individual entrepreneur or legal entity. the person is notified to the regulatory authorities not at the place of the planned activity, as was done previously, but in any department.

How to notify the inspectorate about the start of activities? The answer to the question is in the video.