Download notification of the start of activities. Is it worth notifying about the beginning of the activity of a catering establishment: pros and cons. Who needs to be notified

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

Regulations

The need for notification of the start of a type of activity is justified 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 Decree of the Government of the Russian Federation No. 584 on the notification procedure for the start of implementation certain types entrepreneurial activity from 16.07.2009

Notification of Rospotrebnadzor on the beginning of activities in Moscow

A notice of entrepreneurial activity must be submitted to Rospotrebnadzor in a strictly established manner and according to a certain model. Let us consider further the main aspects that you should pay attention to when compiling this document.

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

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

Hospitality services, including the provision of temporary accommodation or lodging
Domestic services
Catering services
Retail trade (except for goods with limited circulation under the legislation of the Russian Federation)
Wholesale(except for goods with limited circulation under the legislation of the Russian Federation)
Textile production
Tailoring
Manufacture of leather goods (including footwear)
Dairy production
Production of bread and bakery products
Making sugar
Production of oil and fat products
Production of juices from vegetables and fruits
Manufacturing flour products
Production of soft drinks
Production wooden products and woodworking, excluding furniture
Printing and publishing activities
Information Technology And Computer Engineering
Cargo transportation

How to write a notice about the start of a type of activity in Moscow

The notification of the commencement of activities is drawn up in the form prescribed by law. Here are some things to keep in mind when making a notice:

1. In the notification, it is necessary to indicate, first of all, information about the applicant, the date the document was drawn up, the name of the body to which the notification is submitted.

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

4. The next item is the full legal and physical address where the activity is carried out, including the addresses of branches, 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 very types of activities and works, services related to this activity. Are given OKVED codes or OKUN.

6. The start date of the activity is set.

7. The notification is completed by the signature of the head of the organization, a trustee (if any) or an individual entrepreneur. Also stamped. In the case of IP, you can not put a seal.

9. If you intend to conduct more than one of the activities on the list of mandatory notifications, you must file a notification for each of them separately.

10. The notification may be submitted in person at the territorial representation of the authorized body, and may also be sent by mail in writing or electronically. Submission to in electronic format can be carried out through the State Services portal www.gosuslugi.ru, as well as to the address Email Office of Rospotrebnadzor in the presence of a digital seal and electronic signature of the applicant.

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

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

13. If you have made a notice in writing, then on the day of registration, the authorized body assigns a number to it and puts a mark indicating the date. One copy remains with the authorized body, and the second remains with you. If the notification is correct and submitted electronically, on the day of registration you will receive an electronic confirmation certified by electronic signature authorized body. If the notice is incorrect, you will receive a reasoned denial 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 covered the most important points and full text documents can be found online.

Responsibility for the lack of notification of the beginning of a type of activity or containing incorrect information

In the event that the notice of the commencement of business activities was not submitted or contains false information, Rospotrebnadzor has the right to choose a preventive measure for violations in accordance with the table below.

In September 2018, Rostekhnadzor by Order No. 452 dated September 20, 2018 (registered by the Ministry of Justice on October 11, 2018) approved a new Administrative regulation for receiving notifications about the start of entrepreneurial activity. What has changed, who needs to submit these notifications, and how to do this, we will consider 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 on labor and employment, the Ministry of Emergency Situations, etc.). On the start of work on any of these types of activities, a business entity is obliged to notify the appropriate state control body by territorial affiliation by sending a notice of the start of business activities in the territory subordinate to the body.

Business Start Notice: Governing Laws

The obligation to notify the 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 the state control authorities does not apply to all business entities. P.2 Art. 8 of the same law, the legislator establishes the types of activities for which notification of the start of entrepreneurial activity is a mandatory norm.

Another regulatory normative act- "The list of works and services as part of the types of entrepreneurial activity ...", approved by Decree of the Government of the Russian Federation No. 584 dated July 16, 2009 (Appendix No. 1). Its provisions are more specific, indicating the OKVED codes, define the work and services that are part of the 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 features of filling

At its core, a notification is an informing document through which a business entity notifies the control authorities about the start of work in a registered type of activity, and also specifies, by 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 entrepreneurial activity was approved by Resolution No. 584 dated July 16, 2009 (Appendix No. 2).

Filling out the Notice has some peculiarities. For example: if, when registering an enterprise or individual entrepreneur, the future business entity indicated the wholesale and retail, but in one of these areas of activity due to which - or reasons to exercise economic activity will not be for some time, then the Notification should indicate the OKVED code only for the type of activity for which the subject is actually ready to start real work. For other types of work, the Notification is submitted additionally.

Failure to provide a Notice of Start of Activities, 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 samples published on official websites, for example, ]]> Rospotrebnadzor ]]> or use the forms posted on the portal ]]> Public Services ]]> .

Procedure for submitting a Notice of Commencement of Work

The procedure and procedure for filing notifications of the start of entrepreneurial activity, as well as making additions or changes to the initially submitted notification, is determined by regional and territorial state control bodies, taking into account the provisions provided for in Russian legislation including in Decree No. 584. By order No. 452 dated September 20, 2018, Rostekhnadzor approved a new Administrative Regulation, according to which notifications from individual entrepreneurs and legal entities about the start of activities are received territorial bodies Rostekhnadzor, and you can submit a document 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 in 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 him:

personally visiting the regional branch of the authorized body;

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

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

as electronic document(according to the system electronic document management; 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 a Notification personally by an entrepreneur or a legal entity, the document is provided according to the regional affiliation of the place of actual implementation of activities, i.e. to the regional branch of the authorized state body (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 on the start of entrepreneurial activity, and within 10 days the information is posted on the official website of the authorized state body.

Everyone who opened or is going to open a cafe, bar or restaurant must have heard that Rospotrebnadzor must be warned about the start of activities. It would seem that everything is simple: send a notification and forget about this procedure. But in practice, a lot of questions arise: how, when and in what form to send it, whether they will come with a check immediately after notification, what will happen if you “forget” about it, and many others. Oddly enough, the material eventually accumulated for a whole article.

How, when and in what form to send a notification

So, if you started providing catering services to the population, then according to the law, you need to notify Rospotrebnadzor about this. The notice is made according to the form established by the Government of the Russian Federation(her ). It has only one page and you just need to indicate your details and type of activity (it is better to rewrite from OKVED).

Specific deadline for notification not specified, the legislation states that it must be sent before the actual performance of work (rendering of services). How many days before the start is not specified, so you can do it at least two days before the start, the main thing is to have time to reach. But in order to avoid disputes, it is still better to be guided by some reasonable deadlines and send at least a week in advance.

It is drawn up in two copies and can be sent in three ways:

Directly to Rospotrebnadzor (by courier)
Via mail by letter with a description of the attachment and a notification (moreover, here you also need to attach two copies to the letter, one of them will then be returned to you with a mark)
In the form of an electronic document signed electronically digital signature applicant

Is it possible to notify about the type of activity that is not in OKVEDs?

It often happens that initially they registered a legal entity or individual entrepreneur for one type of activity, and then decided to use it for other purposes. Here the question arises, would it not be a violation that we notify the RPN of the type of activity that is not recorded in the register in our OKVEDs? No, there will be no violation here. The point is that any economical society(including the most common LLC) and any individual entrepreneur have general legal capacity, and can engage in any type of activity not prohibited by law (as opposed to any non-profit organization). That is why in the charter they always write first exemplary types of activities (list), and then the phrase “as well as other types of activities not prohibited by law). But I raised this issue for a reason, because in practice it happens that Rospotrebnadzor includes a level 80 bureaucracy and refuses to register a notification for this reason. However, the courts in such cases take the side of the merchants (see, for example, the Decree of the Federal Antimonopoly Service of the Moscow District dated April 3, 2012 in case No. A41-5463/11).

Will the check come after?

Surely many entrepreneurs are wondering if they may not notify at all, otherwise we will notify and immediately come with a check. Of course, anything can happen, once a year and a stick shoots, but there is no such basis for verification in the law. Rospotrebnadzor can either conduct a scheduled inspection (which can be found out almost a year in advance), and not earlier than three years after the creation of the organization, or an unscheduled one, but it needs a good reason, for example, a case of poisoning, a report in the media about violations or someone's complaint. There is no notification of the commencement of activities among such grounds. Yes, and it is unlikely that the inspectors of Rospotrebnadzor are sitting and looking forward to your notification in order to immediately pounce with a check for “fresh blood”. Fortunately, they have enough slanderers for this, including all sorts of dubious social activists and no less dubious journalists.

What happens if you don't provide notification?

It happens that among the hassle of opening an institution, they simply forgot to send a notification. Or, nevertheless, they decided to “insure themselves” from the check and deliberately did not notify. So, what is the price of the issue of such forgetfulness or dubious "safety net"? The already mentioned Rospotrebnadzor fines for this violation - under Art. 19.7.5-1. Code of Administrative Offenses of the Russian Federation. The fine for officials is 3-5 thousand rubles, for legal entities - 10-20 thousand rubles. In this case, individual entrepreneurs are responsible here as officials (see Art. 2.4. Administrative Code of the Russian Federation).

If you missed the deadline due to an oversight and remembered it, say, in a month, I do not advise you to try to fix it and send a notification after the opening. This will inevitably lead to a fine. After all, you still do not have to spend all subsequent years in fear of punishment, this violation is not lasting, and the statute of limitations for bringing to responsibility for it is only 3 months. This is confirmed by examples from judicial practice: Resolution of the Supreme Court of the Russian Federation of 04/24/2013 N 56-AD13-4, Resolution of the Tambov Regional Court of 04/02/2015 in case N 4-a-48, Resolution of the Supreme Court of the Republic of Sakha (Yakutia) of 02/10/2016 N 4a-756 / 2015 and others

It is worth talking about another unpleasant consequence of not notifying the start of activity: there are cases when, because of this, they refuse to issue a license for alcohol. True, then in court it can be challenged, because. such a refusal would be illegal (see FAS Resolution Central District dated 06/26/2014 in case N A36-5689 / 2013). But, you see, it’s better not to give unnecessary reasons for nit-picking in such a complicated procedure as obtaining a license for alcohol, than then for a year to sue in three instances and sit all this time without a license.

So, to notify or not, it is up to the owner, of course, to decide, the main thing is that I told you how this is done and what will happen for non-compliance.

Illustration: themepatio.com

In what cases is it necessary to submit a notice of commencement of business activities? Many activities that small businesses are engaged in are under additional control government agencies. Here we mean non-tax supervisory services, such as Rospotrebnadzor, Roszdravnadzor, the Ministry of Emergency Situations, Rostransnadzor and others ...

Who must file a notice

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

The list of lines of business in respect of which it is necessary to submit a notice of the commencement of business activities includes:

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

At first glance, it seems that it is necessary to submit a notification for almost any area of business, but this is not so. The list contains specific OKVED codes, the commencement of which must be submitted to the supervisory authority.

If you simply indicated these OKVED codes when registering an IP, but you are not really involved in them, then you do not need to submit a notification of 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 exactly where to submit a notification in different situations, so we advise you to focus on our table.

Government body	Line of business
Rospotrebnadzor	Hotel, household, catering services, travel agencies
Rospotrebnadzor	Retail and wholesale trade
Rostransnadzor	Transportation Services passengers, baggage, cargo by all means of transport
Rospotrebnadzor	Manufacture of textile materials and garments, clothing, footwear, leather products, furniture, wood products, food products, 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	Manufacture of fire-technical products
Rosstandart	Production of low-voltage equipment, standards units of quantities, standard samples and measuring instruments
	social services
Housing Authority	Management Services apartment buildings, maintenance and current repair common property in an apartment building
Rostechnadzor	Operation of explosive and chemically hazardous production facilities (hazard class 4)
Veterinary Inspection Authority	Production of prepared animal feed

From this table, the relationship between the business area and the oversight body is well understood. For example, is it necessary to notify Rospotrebnadzor of the start of activities at the start of 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 data 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 the Government Decree of July 16, 2009 No. 584. 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 portal of public services.

An example of a completed notice of the start of activities in Rospotrebnadzor. Stamp (if any) and sign.

Liability for failure to notify

What will happen if the notification to Rospotrebnadzor about the start of IP activity is not submitted on time or not submitted at all?

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

For non-submission - a fine of 3 to 5 thousand rubles;
For submitting a notification 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 of prosecution cannot exceed two months (and if the case is being considered by the court, then three months) from the date of commission. That is, if the store started working without notification, and Rospotrebnador discovered this fact later than two months later, then it is no longer possible to be held liable 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 court of higher instance overturned the already issued judgments precisely because the period for holding the store liable had expired.

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

Moreover, in the case before Supreme Court, the store still received decisions of the courts obliging to pay a fine. If you do not want to get involved in lengthy litigation, it is easier to just file a notice on time.

Now you know everything you need to know about the Business Start Notice. Read also about that first. Ask your questions in the comments (we do not delay the answer 😉) and subscribe to our newsletter: only new, useful articles, no spam.

Regardless of the date when the business activity was registered, if it falls under the list of activities that are subject to the procedure for obtaining a permit, then business owners are required to draw up and send to the appropriate department a notice of the start of business activities.

What is the point?

The notification must be submitted to the relevant authorities at the place where work began, and not at the place of the actual location of the enterprise. The Appendix to the Rules (Decree No. 584) clearly indicates the types of activities at the beginning of which it is mandatory to issue a notification.

It should be remembered that the notification sent does not at all relieve the businessman from fulfilling all the stipulated current legislation rules and regulations, including sanitary and fire requirements. By the way, the notification assumes that the entrepreneur complies with all these norms.

To which authority is the notification submitted?

Naturally, a notice of the start of entrepreneurial activity should be submitted to a specific authority, and not just sent to local authorities or any regulatory body. Most of the notifications are subject to the direction of Rospotrebnadzor, for example, at the opening of a weaving production or the beginning retail in tents or in the market, at the opening of the hotel. And at the opening of production for the manufacture of primary fire extinguishing equipment, fire equipment, a notification is submitted to the Ministry of Emergency Situations. If the production of animal feed is opened, the notification is submitted to the veterinary supervision authority.

In some territorial units, the function of Rospotrebnadzor is performed by the FMBA.

Where to apply?

In each region, territorial bodies can independently determine the place for filing a notice of the commencement of entrepreneurial activity. The official websites of the bodies always contain the addresses and contacts of regional offices. However, the Rostrud regulations provide for the submission of documents directly to the department.

Notification methods

A notification, depending on the type of activity, can be submitted to the regional branch of the relevant regulatory body personally by the head, owner, representative of a legal entity or individual entrepreneur. On the second copy of the document, the receiving party is obliged to mark the receipt.

Documents can be sent by mail with the obligatory execution of a notification of receipt form, which will be a confirmation of the transfer of documents. Can be transferred electronically if there is an EDS, the notification of receipt will also be in electronic format.

It is also possible to submit notifications through a multifunctional center, whose specialists issue a receipt for receipt of documents.

Document Form

A sample notification of the commencement of business activities is presented in Appendix No. 2 to Resolution No. 584.

The notice must contain the following information:

the name of the controlling agency;
date and place of compilation;
data on who submits the notification, data of the enterprise or individual entrepreneur;
the address of the actual location of production or activities;
types of activities, services, works that must be included in the notification in full accordance with the Rules;
from what date the activity will start.

At the end of the notification, the position of the person authorized to sign is affixed, his signature, full name with a transcript, a seal is affixed, if any.

The form of notification of the commencement of entrepreneurial activity is the same for absolutely everyone.

In the document, you can specify several types and several addresses at once at which business activities will be started, provided that they belong to the same department both by type of activity and by location.

What should be included with the notice?

In addition to the written notice of the start of business activities, the department will have to provide additional documents:

a copy of an extract from the Unified State Register of Legal Entities;
a copy of the statement of tax registration.

What changes should be notified to the authorized body

A legal entity and an individual entrepreneur are obliged to notify the authorized body of changes in the following information about themselves:

if changed legal address or place of residence of the individual entrepreneur;
in the event of a change in the actual address of the activity;
if the reorganization of the enterprise began.

Within 10 days, as changes are made to the title documents, the legal entity or individual entrepreneur is required to send a letter to the regulatory authority. The document is written arbitrarily, it is also necessary to attach copies of papers that will confirm the information contained in the notification.

Why and where is the information entered?

In fact, the notification replaces the permission or approval for the commencement of activities. By submitting a document, a businessman confirms that, for example, a trade or production room fully complies with the requirements for a particular type of activity. The supervisory authority is not entitled to require the entrepreneur to obtain permits if the businessman sent the notification in time.

All information received is entered in the register of notifications on the start of entrepreneurial activities, which is publicly available and public.

In what cases can they refuse to accept documents and what is the responsibility for failure to notify

Supervisory authorities have the right to refuse the entrepreneur to accept the notification only in 2 cases:

if the form of the document was not observed;
the document was sent to the wrong authority.

It should be remembered that for failure to submit a notification, administrative liability is provided in the form of a fine of up to 5,000 rubles. If the document contains false facts that were revealed, then the fine will be more than 5,000 rubles. and can reach 10 thousand.

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