In September 2018, Rostechnadzor, by order dated September 20, 2018 No. 452 (registered by the Ministry of Justice on October 11, 2018), approved new Administrative Regulations for accepting notifications about starting a business activity. What has changed, who needs to submit these notifications, and how to do this, we will look at in our article.

Russian legislation defines 41 types of business activities, the implementation of which is under the special control of non-tax supervisory services (Rospotrebnadzor, Federal Service for Labor and Employment, Ministry of Emergency Situations, etc.). About the start of work on any of these types of activities, the business entity is obliged to notify the relevant state control body according to its territorial affiliation by sending a notice of the start of business activities in the territory subordinate to the body.

Notification of starting a business activity: regulatory rules of law

The obligation to notify state control bodies about the start of certain types of activities is enshrined at the legislative level in paragraph 1 of Art. 8 of Law No. 294-FZ of December 26, 2008 (as amended on August 3, 2018). However, the need to provide this information to state control authorities does not apply to all business entities. Clause 2 art. 8 of the same law, the legislator establishes types of activities for which notification of the start of business activity is a mandatory norm.

Another regulatory normative act is “List of works and services as part of types of business activities...”, approved by Decree of the Government of the Russian Federation No. 584 of July 16, 2009 (Appendix No. 1). Its provisions are more specific, indicating OKVED codes, and define the work and services that are included in the types of activities listed in paragraph 2 of Art. 8 of the above law, as well as to which authorized bodies the notification should be sent.

Notification form and filling details

At its core, a notification is an information document through which a business entity notifies control authorities about the start of work in a registered type of activity, and also clarifies, indicating the OKVED code, for which specific type of work or service the activity has begun.

The notification is submitted on a standardized form. The standard form of notification of the start of business activity was approved by Resolution No. 584 of July 16, 2009 (Appendix No. 2).

Completing the Notification has some features. For example: if, when registering an enterprise or individual entrepreneur, the future business entity indicated wholesale and retail trade codes, but in one of these areas of activity due to what - or reasons, there will be no economic activity for some time, then the Notification must indicate the OKVED code only for the type of activity for which the entity is actually ready to begin real work. For other types of work, the Notification is submitted additionally.

Failure to provide a Notice of Commencement of Operations, entering false data and errors in filling out the document are fraught with liability for a business entity within the limits of Article 19.7.5-1 of the Code of Administrative Offenses of the Russian Federation, therefore state control authorities recommend using when filling out samples published on official websites, for example, ]]> Rospotrebnadzor ]]> or use the forms posted on the portal ]]> State Services ]]> .

Procedure for submitting a Notice of Commencement of Work

The procedure and procedure for submitting notifications about the start of business activities, as well as making additions or changes to the initially submitted notification, are determined by regional and territorial state control bodies, taking into account the provisions provided for in Russian legislation, including in Resolution No. 584. Rostechnadzor, by order of September 20, 2018 No. 452, approved a new Administrative Regulation, according to which notifications from individual entrepreneurs and legal entities about the start of activities are accepted by the territorial bodies of Rostechnadzor, and the document can be submitted on paper or electronically in any convenient way (including . through the MFC and the State Services portal).

The form of notification of the start of entrepreneurial activity is filled out personally by the business entity in 2 copies - one remains with the applicant, the other is sent to the appropriate authority.

A business entity can submit a notification in the most convenient way for it:

by personally visiting the regional office of the authorized body;

by sending a valuable letter by Russian Post (please note - you must attach an inventory of the attachment) with notification;

through the customer service of the territorial branch of the MFC;

in the form of an electronic document (using an electronic document management system; please note that this form of notification is available only to EDF subscribers who have a registered electronic signature certificate);

by filling out the electronic Notification form on the official website of the State Services.

When submitting the Notification personally by an entrepreneur or legal entity, the document is provided according to the regional location of the place of actual activity, i.e. to the regional branch of the authorized government agency (or MFC) of the administrative entity where the business entity actually performs work or provides services.

After registration, the notification submitted by the business entity is registered and entered into the national Register of Notifications of the Start of Business Activities, and within 10 days the information is posted on the official website of the authorized government agency.

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.

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.

Notice of commencement of activity is a necessary document when submitting to special authorized authorities when there is a desire to open a business.

The field of work chosen does not matter.

What is a notification?

What are the features of filing a notification?

To start a business, aspiring businessmen require a mandatory notification procedure when performing any type of work.

Any enterprise or individual entrepreneur submits such a document after state registration of its enterprise and after registering with the tax office. The notice must be sent before the start of your work.

Why is the notification procedure required?

It is necessary to notify special authorities when your company begins work.

Notifications are needed in such areas of business as:

• freight transportation;
• individual transportation;
• hotel services;
• services;
• domestic services;
• wholesale trade (with consumer goods);
• retail trade (with consumer goods);
• catering;
• manufacture of wearing apparel;
• furniture manufacture;
• production of building materials;
• food production;
• publishing and printing;
• information Technology;
• travel business;
• housing and communal services;
• social sphere;

If you are going to open a business in one of these areas, then you need to inform the authorized body about the start of your work in advance.

Where are the documents sent?

Notifications are sent depending on the area:

1. To Rospotrebnadzor.
2. To a medical and biological organization.
3. In Rostrud (production services).
4. To Rostransnadzor (during transportation).
5. To Rosstandart.
6. In the Ministry of Emergency Situations (in the production of protective products).
7. To the executive body of the region (depending on the region, usually the housing inspection).

Penalties for failure to submit

Notifying Rospotrebnadzor about the start of activity is a mandatory procedure when starting a business. If this is not done, fines may be imposed on the owner.

Depending on whether the owner is a legal entity or an individual entrepreneur, fines can be different - from 3,000 rubles. It is also very important that the information in the notification is correct; the authorized bodies must not be deceived.

How to fill out a notification

There is a special form for filling out the document, according to the law. The head of the company or individual entrepreneur must sign the document. Then you need to put the seal of the new organization, but this point is optional, but only if the seal already exists.

The notification consists of several points:

• Where the notification is submitted (name of authority).
• Date of signing.
• Initials.
• The position of the head of a new enterprise.

After this, a start date is set, which the entrepreneur or manager himself appoints. It can be submitted in printed form, or electronically. The document must be in 2 copies.

Sometimes you may also need data such as tax identification number, place of work, location of the legal entity, postal address of the office or branches when there is a network business.

Below is a standard form and a sample notification of Rospotrebnadzor about the start of activities, a version of which can be downloaded for free.

A sample notification to Rospotrebnadzor about the start of an individual entrepreneur’s activities is approved by the Government of Russia; changes are prohibited. The obligation to notify regulatory government agencies arises for certain types of business activities at the time of registration. You can download the notification form on the website of Rospotrebnadzor in the region where you operate. When is information required and how to do it?

Who should submit the notification and where?

Until 2008, it was impossible to register an activity without first obtaining permission from the authorities. After the approval of 294-FZ, aimed at protecting business, the obligation to obtain permits was canceled. This has been replaced by the requirement to notify control authorities about the start of activities. The main one is the federal service for supervision of consumer rights and human well-being in Russia - Rospotrebnadzor.

The main functions of the service are control over the provision of sanitary and epidemiological standards, monitoring compliance with legislation in the field of the consumer market, and defending the interests of buyers.

A newly created entrepreneur is obliged to submit information to regulatory organizations before starting the declared type of activity, i.e. before receiving income.

The list of works and services that have the obligation to notify Rospotrebnadzor includes, for example:

• retail trade;
• catering;
• household services to the population;
• production of bread, dairy, confectionery products;
• travel agencies;
• production of packaging materials;
• publishing and printing;
• production of goods from textiles, clothing, footwear;
• areas related to computing and informatics.

The full list of OKVED is contained in Decree of the Government of the Russian Federation No. 584 of July 16, 2009. The notification sent does not exempt you from complying with the norms and requirements of the law. There are often cases when a businessman’s plans include covering several areas of activity at once, thereby creating the obligation to notify the responsible regulatory authorities.

Reception of notifications about the start of certain types of activities is carried out by the represented government agencies:

The functions of Rospotrenadzor in some regions of the country are assigned to the Federal Medical and Biological Agency (FMBA).

An individual entrepreneur needs to register with Rospotrebnadzor only if the OKVED code of the activity actually carried out is included in the list of the Resolution. If the OKVED code specified during registration is fixed in the list, but the entrepreneur does not actually conduct business in this direction, registration of the individual entrepreneur with Rospotrebnadzor is not carried out.

Procedure for notifying Rospotrebnadzor

To notify the supervisory authority about the start of business operation, it is necessary to draw up an application form in 2 copies for the supervisory authority and submit it in one of the following ways:

• during a personal visit;
• via mail - draw up a registered letter, attaching an inventory of the contents and a notification of receipt;
• with the help of Multifunctional Centers (MFC);
• by sending an application certified with an electronic digital signature (EDS) on the State Services Portal. It is important to note that not all Portal users have the ability to confirm the authenticity of digital signature documents. It is possible to create a simple signature form through your personal account, but with its help you can only view documents. Applications must be certified with a qualified digital signature, which is issued by authorized organizations on removable media.

In addition to the application form, you must provide the following documents to Rospotrebnadzor: copies of TIN certificates, on state registration as an individual entrepreneur. The received application is registered by department employees (with the date and serial number). On the date of acceptance, the second copy is returned to the entrepreneur. If an electronic appeal was sent, the individual entrepreneur will receive a message confirming receipt on the same day. In addition to the initial notification of the commencement of activities, the individual entrepreneur is obliged to report changes in the notification of the commencement of activities to the supervisory authority, for example, when changing the address (actual or legal). Information is provided no later than 10 days from the date of changes (with supporting documents attached).

If the information is not available to the authorized body by the time the business starts operating, this is a violation of the legislation of the Russian Federation, and the entrepreneur will bear administrative liability. The punishment will be sanctions: a fine from 3,000 to 5,000 rubles. Beginning entrepreneurs need to remember the importance of registration with other government bodies: the Pension Fund of Russia, the Social Insurance Fund, and statistical authorities.

The entrepreneur is responsible for the accuracy of the information provided. If it is proven that the information is unreliable, a fine of 5,000 - 10,000 rubles is imposed on the individual entrepreneur. If, after sanctions, correct information is also submitted in violation of the established deadlines, the fine will be 500 rubles.

The notification form is a unified form of notification approved by law. Applications in free form are not accepted. An exception is the application for amendments to the registration notice: the sample is not regulated, the application is drawn up in a free format.

Below is the form to fill out:

The following information must be provided:

• details: full name (full name), TIN, main state registration number of an individual entrepreneur;
• the name of the executive authority (without abbreviations) that is notified - territorial representation is implied. If there are any doubts about the correctness of the name, it is recommended to contact the website of the regulatory authority;
• address of actual conduct of the specified activity;
• type of business and related work (OKVED code or UKUN);
• date of start of business operation at the stated address;
• date, signature.

Indication of several business lines and addresses is subject to the following conditions:

1. When all the specified directions and addresses are assigned to one supervisory authority (by territorial basis), it is permissible to indicate all the information in one form.
2. It is mandatory to send several notifications to different departments, provided that the activities are controlled by several authorities.

The application is rejected by the regulatory authority if it is filled out incorrectly (errors in specifying the type of activity, name of the authority, etc.) or if the authority is incorrectly selected (inconsistency based on territoriality or area of ​​responsibility). When submitting an application electronically, information containing motivated reasons for refusal will be displayed in your personal account. To register, you will need to correct these deficiencies and resubmit the application. During a personal visit, service employees will point out errors in a timely manner.

Before filling out the form, it is worth checking for changes; for example, the latest additions came into force in March 2017. There is no fee for submitting information or checking documents.

Knowledge of the procedures and rules for registration with activity control authorities will provide the entrepreneur with peace of mind when working, protect against unplanned expenses for fines, and save time and money on legal proceedings. Therefore, when choosing a business area, it is necessary to familiarize yourself with the state requirements and check whether the selected OKVED falls under the mandatory control of Rospotrebnadzor.

Hello!

In accordance with Art. 8 of the Federal Law of December 26, 2008 N 294-FZ (as amended on June 25, 2012) “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control” legal entities and individual entrepreneurs are required to notify the start of implementation of certain types of entrepreneurial activity authorized by the body (bodies) of state control (supervision) in the relevant field of activity.

Notification of the commencement of certain types of business activities is submitted by legal entities and individual entrepreneurs performing work and services in accordance with the list of works and services approved by the Government of the Russian Federation as part of the types of activities, including the provision of public catering services by public catering organizations;

The notification of the commencement of certain types of business activities indicates the compliance of a legal entity or individual entrepreneur with mandatory requirements, as well as the compliance of their employees, the business activities they carry out and the territories, buildings, structures, structures, premises intended for use in the process of carrying out their business activities , equipment, similar facilities, vehicles, mandatory requirements and requirements established by municipal legal acts. A notification about the start of certain types of business activities is submitted by a legal entity or an individual entrepreneur to the authorized body of state control (supervision) after state registration and registration with the tax authority before the actual performance of work or provision of services. The said notice may be presented in the form of an electronic document.

A legal entity or individual entrepreneur is required to provide additional information in writing or in the form of an electronic document to the authorized state control (supervision) body about the following changes:

1) change in the location of the legal entity and (or) the place of actual implementation of activities;

2) change of place of residence of an individual entrepreneur;

3) reorganization of a legal entity.

Information about these changes is submitted to the authorized body of state control (supervision) no later than ten working days from the date of making the relevant entries in the unified state register of legal entities or the unified state register of individual entrepreneurs in the manner established by the legislation of the Russian Federation.

The Government of the Russian Federation establishes the form of notification of the commencement of certain types of business activities and the procedure for submitting such notifications to the authorized body of state control (supervision), including in the form of electronic documents, as well as the procedure for recording them.

START NOTIFICATIONS

CARRYING OUT BUSINESS ACTIVITIES

(as amended by Resolutions of the Government of the Russian Federation dated April 14, 2010 N 245,

dated December 26, 2011 N 1132)

_____________________________________

(notification registration mark

in the authorized body)

IN _________________________________________________________________________

(indicate the name of the federal executive body

(its territorial body) to which the notification is submitted)

NOTIFICATION

on the start of business activities

(full and abbreviated names are indicated, including company names (if available),

name, organizational and legal form of the legal entity, surname,

name, patronymic of an individual entrepreneur, identification number

taxpayer (TIN), main state registration number

legal entity or main state registration number

records of state registration of individual

entrepreneur (OGRN))

___________________________________________________________________________

___________________________________________________________________________

(postal addresses of the location of the legal entity are indicated,

including its branches and representative offices, places of actual

implementation of the declared type(s) of activity, places

actual implementation of the declared type(s) of activity

individual entrepreneur)

in accordance with Article 8 of the Federal Law "On the Protection of Rights

legal entities and individual entrepreneurs when implementing

state control (supervision) and municipal control" notifies about

the beginning of the implementation of the next type (types) of entrepreneurial

activities: ________________________________________________________________

___________________________________________________________________________

(indicate the type(s) of activity and the work performed within it

___________________________________________________________________________

(services) according to the list of works and services as part of individual types

___________________________________________________________________________

entrepreneurial activity, the commencement of which

___________________________________________________________________________

legal entity or individual entrepreneur

notification is provided)

from " " 20 and confirms the compliance of territories, buildings, premises,

structures, equipment, other similar objects, vehicles,

intended for use in the process of implementing the declared

activities, personnel, other conditions for carrying out business

activities mandatory requirements.

_________________________ _______________________ _________________________

(name of position (signature of the manager (initials, surname)

head of a legal entity, director

legal entity) a person representing a legal entity,

interests of the legal entity representing

person, individual interests of a legal entity

entrepreneur) person, individual

entrepreneur)

Legal entities and individual entrepreneurs who carry out activities that require notification to the relevant authorities, in case of failure to provide notifications about the commencement of certain types of business activities or the submission of such notifications containing false information, are liable in accordance with the legislation of the Russian Federation.

Article 19.7.5-1. Code of Administrative Offenses of the Russian Federation. Violation by a legal entity or individual entrepreneur of the established procedure for submitting notifications about the start of business activities

(introduced by Federal Law dated July 27, 2010 N 239-FZ)

1. Failure by a legal entity or individual entrepreneur to submit a notice of the commencement of business activities 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.

2. Submission by a legal entity or individual entrepreneur of a notice of the commencement of business activity containing false information, if the submission of such notice is mandatory, -

shall entail 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.