Notification of the beginning of the type of economic activity. Is it necessary to provide notice of catering services to the Rospotrebnadzor. Notification Features

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

What is the point?

The notice should be submitted to the appropriate authorities at the place of commencement of work, and not at the place of actual location of the enterprise. The Appendix to the Rules (Decree No. 584) clearly indicates the types of activity at the beginning of which it is mandatory to draw up a notice.

It should be remembered that a directed notification does not at all exempt a businessman from fulfilling all the norms and rules provided for by applicable law, including sanitary and fire requirements. By the way, the notification assumes that the entrepreneur complies with all these standards.

Which authority is notified?

Naturally, a notice of the start of entrepreneurial activity should be submitted to a specific authority, and not simply sent to the local authorities or any regulatory authority. Most of the notifications are to be sent to Rospotrebnadzor, for example, at the opening of weaving production or the beginning of retail sales in tents or in the market, at the opening of a hotel. And at the opening of the production of the manufacture of primary fire extinguishing means, fire equipment, notification is sent to the Ministry of Emergencies. If production for the manufacture of animal feed is opened, then a notification shall be submitted to the veterinary surveillance 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 on the start of entrepreneurial activity. On the official websites of authorities, the addresses and contacts of regional branches are always indicated. However, the Rostrud regulation provides for the submission of documents directly to the department.

Notification Methods

The notification, depending on the type of activity, may be submitted personally to the regional branch of the corresponding controlling body 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 put a mark on receipt.

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

The opportunity to submit notifications through the multifunctional center, whose specialists issue a receipt on receipt of documents, is also presented.

Document form

A sample notice of the start of business is presented in Appendix No. 2 to Resolution No. 584.

The notification must contain the following information:

name of supervisory authority;
date and place of compilation;
data about who submits the notification, data of the enterprise or individual entrepreneur;
address of the actual location of production or activity;
types of activities, services, works that must be included in the notification in full compliance with the Rules;
from what date the activity will begin.

At the end of the notice, the post of the person authorized to sign the person is put down, his signature, name and surname with the decoding, the seal is stamped, if any.

The form of a notice of the beginning of entrepreneurial activity is the same for everyone.

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

What should be attached to the notification

In addition to the compiled notice of the start of entrepreneurial activity, the agency will have to provide additional documents:

a copy of the extract from the register;
copy of tax registration statement.

What changes should the notified body notify

The legal entity and the individual entrepreneur are required to notify the authorized body of changes in the following information about themselves:

if the legal address or place of residence of the individual entrepreneur has changed;
in case of change of the actual address of the activity;
if the reorganization of the enterprise has begun.

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

Why and where is the information entered

In fact, a notice replaces authorization or approval to start an activity. By submitting a document, the businessman confirms that, for example, a commercial or industrial premises fully meets the requirements for a specific type of activity. The supervisor is not entitled to require the entrepreneur to obtain permits if the businessman timely sends a notification.

All information received is entered in the register of notifications of the beginning of entrepreneurial activity, which is publicly available and public.

In what cases can they refuse to accept documents and what is the responsibility for failure to submit a notification

Supervisory authorities have the right to refuse to accept a notice in only 2 cases:

if the form of the document has not been followed;
the document was sent to the wrong authority.

It should be remembered that for failure to submit a notification, administrative responsibility is provided in the form of a fine of up to 5,000 rubles. If the document indicates unreliable facts that have been identified, then the fine will be more than 5,000 rubles. and can reach 10 thousand.

Notification of the beginning of entrepreneurial activity - a necessary document when submitting it to authorized authorities, if you wish to open your own business, regardless of the chosen field of work. What exactly is it and how to officially notify the relevant authorities of the closure of their case, we will describe in detail below.

Notification Features

As many beginning businessmen know, the beginning of entrepreneurial activity requires a mandatory notification procedure when carrying out one or another. This organization either submits this document after the state registration of its newly formed structure and after tax registration, but before the company began to begin its work directly .

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

Activities requiring notification procedure

Notify the competent authorities that your company has started work, it is necessary in those cases if 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 these areas, then you should first inform about the start of entrepreneurial activity in one of the authorized structures.

Where to send the required documentation?

A notice of the start of entrepreneurial activity, depending on its scope, should be submitted to one of the following bodies:

Rospotrebnadzor;
biomedical agency;
Rostransnadzor (in the provision of transportation services);
Rostrud (for production services);
EMERCOM of the Russian Federation (if we are talking about the production of fire protection equipment and other protective products);
Rosstandart;
the executive authority of the region (housing inspectorate or other authority depending on the region of the country).

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

If you plan to start your own business in the regions, then the notice of the start of entrepreneurial activity should be carried at the place of registration of the legal entity with the local authority of one or another authorized structure.

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

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

Penalties in the absence of information

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

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

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

Notification Fill Form

According to the legislation, there is a special form for filling out such a document as a notice of entrepreneurial activity. It is subject to signing by the head of the company or by an individual businessman. Then it should be stamped with a newly made organization, if one has already been made, so this item is not mandatory.

The notice consists of such items as:

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 signed, the start date of the business activity that you designate is determined. It can be submitted both electronically at the destination and in print, then you must fill out the form in duplicate and transmit it to an authorized person.

What other data may include a notice of the start of a business?

In addition to the above items, the document confirming the start of business also includes data such as the OGRG and TIN, the location of both the legal entity and the place of the direct implementation of the work (sometimes they may coincide). It also requires the mailing address of the main office and the location of branches and representative offices, if it is 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 exactly where 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 scope in which you plan to open your own business, and a list of the types of work that will be performed by you or your subordinates. Please note that you can specify several of them at once, and if they are very different from each other, a notice of the start of entrepreneurial activity must be submitted to different bodies depending on the type of activity of organizations.

Rules for submitting a document

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

when personally contacting the authorized structure;
in the form of a mail notification describing the attachment, with the filing date being the day the correspondence was sent;
by e-mail, provided the document is certified with a special digital seal from the applicant.

The latter option can be implemented through the Unified portal of public services, this possibility is provided by law. It will certainly be acceptable for those who do not have enough time to go to any given authority.

In those cases, if you choose a more traditional method for sending documentation, then a paper copy of the notification should be made in two copies.

The procedure for sighting and additional documentation

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

When the document is in the hands of a representative of the authorized structure, he is obliged to register it and put a mark on the sight, date and indicate the registration number. One copy remains with him, the second is given to the applicant. The notification sent in electronic form is confirmed by electronic registration, about which the sender receives a notification through the Unified portal of public services.

So, you should submit such a list of documents as:

notice of entrepreneurial activity;
inclusion of transport and other infrastructure (territory, buildings, premises, etc.) of the future company in the corresponding register;
extract from the state register of legal entities and individual entrepreneurs;
certificate of tax registration.

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

Sometimes the applicant may be refused a notification of the start of entrepreneurial work. There are a number of reasons for this, in particular the following:

If the document was filed, being compiled not in the form prescribed by law. In this case, it is returned to the applicant and it is recommended that he finalize it and provide it again.
In cases where the notification was provided to the authority that does not correspond to the chosen occupation. In such cases, the applicant receives a document indicating the refusal to accept the application, the refusal is also accompanied by information and details of the authorized body where he should be sent.

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

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

If, due to certain circumstances, after obtaining 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 to which the notice was given.

In order to inform about this, it is necessary to draw up an application in any form and submit it to the appropriate authority within ten working days from the moment of changing the address or details. This can be done through personal appeal or by remote method through the Unified portal of public services.

The application must be supported by such a document as a certificate of change of 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 owner of the company or businessman may face a fine of 100 to 5,000 rubles depending on (or for incorrect data submission).

How to notify the termination of business?

So, we already know how and where to file a notice of the beginning of entrepreneurial activity, and now we will consider what needs to be done to stop it.

Finishing work may be due to various reasons. For example, the business did not pay off, the funds invested in it did not bring the expected profit. Also, a person may want to change the scope of work, do business in another country, or prefer hired or more paid work.

According to the tax code of the Russian Federation, if the activity was carried out under the simplified tax system, its suspension must be reported to the appropriate authority with an indication of the specific date of completion of the enterprise.

The notice is an approved form for filling out, which should be submitted no later than within fifteen business days from the day and date indicated in the document.

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

However, at this time, you can significantly save time by choosing the remote method of sending all the required information via the Internet. Time saved on running time can be perfectly used for organizational moments when starting a business.

If the activity has approached the start, it is time to write to the state in the person of its individual bodies. Supervisors like to receive letters. Otherwise, they may be offended. The cost of resentment is estimated at 2,000 rubles.

What is the point?

Previously, for some types of business, prior to starting a business, it was necessary to obtain permission, for example, SES.

In 2008, Law No. 294-FZ “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs ...” (details of the documents after the article) was adopted, which replaced the preliminary receipt of permission to notify of the start of activities. Not everyone was lucky and not in everything, but in general, what you need to know is:

if the activity falls under the specified law, it is necessary to inform the supervisor;
sending a notification does not exempt from the implementation of various norms and requirements (of the same SES), in the notification you confirm that everything is observed.

Which body needs to be notified of the start of activities?

Depending on the type of activity, the notification should be submitted to different departments. For clarification - we turn to the article “Licenses and notifications: when this cannot be avoided” - in (opens in a separate window) we indicated the supervisor for each type of activity.

Rospotrebnadzor is the main body in this topic. It should be noted that for some territories its functions may be performed by the Federal Biomedical Agency (FMBA). The list of such territories was approved by order of the Government of the Russian Federation of 08.21.2006 N 1156-r. Most of these territories belong to closed administrative-territorial entities.

Where to file a notice of starting a business?

As a rule, a notice must be filed with the territorial authority of the department at the place of business (i.e. where you plan to conduct a business line that needs to be notified).

This procedure is directly fixed by the regulations of the Rospotrebnadzor, FMBA of Russia, Rostransnadzor, Rostekhnadzor. The lists of territorial bodies of these departments are listed on the websites:

Rospotrebnadzor -
FMBA of Russia -
Rostransnadzor -
Russian Emergency Situations Ministry -
Rosstandart -
Rostekhnadzor -
Roszdravnadzor -

The regulations of the Rostrud indicate that the notification must be sent directly to the department, a site with details and contacts:

Rostrud -

The specific executive authority of the constituent entity of the Russian Federation, implementing the state

housing supervision
veterinary supervision

it is defined in the regulatory legal acts of the constituent entities of the Russian Federation, that is, it is necessary to specify “on the ground” in regional decrees and laws.

For Moscow, this is the State Housing Inspectorate of Moscow and the Veterinary Committee of Moscow (convincing references to regulatory acts are at the end of the article).

Form of notification of the beginning of entrepreneurial activity form and sample

The notification is compiled in the form of Appendix No. 2 to the Rules (approved by Government Decision No. 584).

The notification shall indicate:

name of the authorized body to which the notification is filed;
date of notification;
person who submits the notification: last name, first name, middle name of the individual entrepreneur, TIN and PSRN (main state registration number of the state registration record);
address of the place of actual implementation of the declared type of activity;
the types of activity and the work (services) performed (rendered) in their composition, for which notification is given. It is necessary to indicate the types of activities themselves and the work (services) performed in their composition in accordance with the approved List (Appendix No. 1 to the Rules, approved by Government Resolution No. 584 - see the list of legislation at the end of the article). We also recommend that you give codes of these activities for OKVED or OKUN;
the date from which the related activities will be carried out.

The notification is signed by an individual entrepreneur, the surname and initials are indicated, a seal is put (if any). All.

Form (uniform for all organs): open for viewing or download to fill out (doc, 36KB).

sample of filling with comments (notification to Rospotrebnadzor about the beginning of activity).

In the notification it is permissible to indicate several types of activities and several addresses at which this activity is conducted. The options are:

If all types of activities and all addresses belong to the same territorial authority of the department, you can specify everything in one notification.
If different types of activities require notification of different departments, a notification must be sent to each department.
If it is necessary to notify one department, but the addresses of the activities relate to different territorial bodies of this department, the question needs to be clarified.
For example, Rospotrebnadzor explained that it is possible to submit one notification to any of the territorial bodies where the activity is planned. However, such rules are not fixed in the regulations and the practice may be different.
If there is no desire to delve into and find out - just send notifications to each territorial authority.

How to file a notice of the start of activity? And what do we get as a result

The document can be sent:

directly to the authorized body;
by mail with an inventory of the attachment and a receipt of receipt;
in the form of an electronic document (an electronic digital signature is needed);
through the multifunctional center for the provision of public and services (MFC).

A written notice must be completed in 2 copies. The authorized body shall mark both copies and return one copy to the entrepreneur.

When sending a notification in the form of an electronic document, the entrepreneur will receive a confirmation in electronic format.

No fee is charged. There are no requirements to send other documents along with the notice in the current Rules.

Can a business start notification be refused?

They can. For two reasons:

the notification form is not followed;
the notification was sent to the wrong authority.

These are all the main questions on the topic. Looking ahead - changing the place of residence of the entrepreneur, beginning to carry out activities at a new address (changing the place of activity) - an occasion for re-notification of regulatory authorities.

Article 8 of the Federal Law of December 26, 2008 N 294-ФЗ "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control (Supervision) and Municipal Control" (hereinafter - the Law);
The rules for the submission of notifications on the commencement of certain types of entrepreneurial activities and the accounting for these notifications (approved by Decree of the Government of the Russian Federation of July 16, 2009 N 584; hereinafter - the Rules);
Administrative regulations for the provision by the Federal Service for Supervision of Consumer Rights Protection and Human Welfare of the state service for the reception and accounting of notifications of the beginning of the implementation by legal entities and individual entrepreneurs of certain types of work and services according to the list provided for by Resolution of the Government of the Russian Federation of July 16, 2009 N 584 (approved by Order of Rospotrebnadzor dated 07/19/2012 N 779; hereinafter - the Rospotrebnadzor Regulation);
Administrative regulations for the provision by the Federal Medical and Biological Agency of a state service for the reception and accounting of notifications of the start of legal entities and individual entrepreneurs in the territories subject to servicing by the Federal Medical and Biological Agency, certain types of work and services according to the list approved by the Government of the Russian Federation (approved by Order Ministry of Health and Social Development of Russia dated December 27, 2011 N 1652н; hereinafter - the Rules of the FMBA of Russia);
Administrative regulations for the provision by the Federal Service for Labor and Employment of a public service for the reception and accounting of notifications of the start of entrepreneurial activities for the provision of social services by legal entities and individual entrepreneurs (approved by Order of the Ministry of Labor of Russia dated 25.10.2012 N 337н; hereinafter - the Rostrud Regulation on Social Services );
Administrative regulations for the provision by the Federal Service for Supervision in the Field of Transport of a public service for receiving and recording notifications of the start of legal entities and individual entrepreneurs carrying out certain types of work and services according to the list approved by the Government of the Russian Federation (approved by Order of the Ministry of Transport of Russia dated April 29, 2013 No. 145; hereinafter referred to as the Regulation of the Rostransnadzor);
Administrative regulations for the provision by the Federal Environmental, Industrial and Nuclear Supervision Service of a public service for the reception and accounting of notifications of the start by legal entities and individual entrepreneurs of certain types of activities for the operation of explosive and chemically hazardous and chemically hazardous production facilities of hazard class IV (approved by Order of Rostekhnadzor dated 12.05. 2015 N 186; hereinafter referred to as the Regulation of Rostekhnadzor).

Hello!

In accordance with Art. 8 of the Federal Law of December 26, 2008 N 294-ФЗ (as amended on June 25, 2012) "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control (Supervision) and Municipal Control", legal entities and individual entrepreneurs are required to notify individual types of entrepreneurial activity authorized or authorized in the relevant field of activity body (bodies) of state control (supervision).

A notice of the start of certain types of entrepreneurial activities is submitted by legal entities, individual entrepreneurs carrying out work and services in accordance with the list of activities and services approved by the Government of the Russian Federation as part of the types of activities, including the provision of catering services by public catering organizations;

The notice of the beginning of the implementation of certain types of entrepreneurial activity indicates compliance by a legal entity, an individual entrepreneur with the mandatory requirements, as well as the compliance of their employees, their entrepreneurial activity and intended for use in the process of entrepreneurial activity of territories, buildings, structures, structures, premises , equipment, similar facilities, vehicles, mandatory requirements and requirements, establishing nym municipal legal acts. A notice on the start of certain types of entrepreneurial activities is submitted by a legal entity, 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 the provision of services. The specified notice may be presented in the form of an electronic document.

A legal entity, an individual entrepreneur must inform in writing or in the form of an electronic document additionally to the authorized body of state control (supervision) information about the following changes:

1) a change in the location of the legal entity and (or) the place of actual activity;

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

3) reorganization of a legal entity.

Information on these changes shall be submitted to the authorized body of state control (supervision) no later than within ten business 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 a form for notifying the commencement of certain types of entrepreneurial 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

ENTREPRENEURSHIP

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

dated 12.26.2011 N 1132)

_____________________________________

(notice registration mark

in an authorized body)

IN _________________________________________________________________________

(the name of the federal executive body is indicated

(of its territorial authority) to which the notification is submitted)

NOTIFICATION

about the beginning of entrepreneurial activity

(indicate full and abbreviated, including company (if any),

name, legal form of legal entity, last name,

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 (PSRN))

___________________________________________________________________________

(indicate the postal address of the location of the legal entity,

including its branches and representative offices, places of actual

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

actual implementation of the claimed type (s) of activity

individual entrepreneur)

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

legal entities and individual entrepreneurs in the implementation

state control (supervision) and municipal control "notifies

the beginning of the implementation of the following type (s) of entrepreneurial

activities: _____________________________________________________________

___________________________________________________________________________

(indicate the type (s) of activity and the work carried out in its composition

___________________________________________________________________________

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

___________________________________________________________________________

entrepreneurial activities, the beginning of the implementation of which

___________________________________________________________________________

legal entity or individual entrepreneur

notification is provided)

with "" 20 g. and confirms the conformity of territories, buildings, premises,

constructions, equipment, other similar objects, vehicles,

intended for use in the implementation process of the declared

activities, personnel, other business conditions

activities mandatory requirements.

_________________________ _______________________ _________________________

(job title (manager's signature (initials, last name

head of a legal entity, head

legal entity) of the person representing the legal entity,

interests of a legal entity representing

persons, individual interests of legal

entrepreneur) of an individual

entrepreneur)

Legal entities, individual entrepreneurs who carry out activities requiring notification of the relevant authorities, in case of failure to submit notifications of the start of certain types of entrepreneurial activities or the submission of such notifications containing false information in them, are liable in accordance with the legislation of the Russian Federation.

Article 19.7.5-1. Administrative Code of the Russian Federation. Violation by the legal entity or individual entrepreneur of the established procedure for the submission of notifications of the beginning of entrepreneurial activity

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

1. Failure to provide a legal entity or individual entrepreneur with a notice of the commencement of entrepreneurial activity in the event that the submission of such a notice is mandatory, -

shall entail the imposition of an administrative fine on officials in the amount of from three thousand to five thousand rubles; for legal entities - from ten thousand to twenty thousand rubles.

2. The submission by a legal entity or individual entrepreneur of a notice on the start of entrepreneurial activity containing inaccurate information, if the submission of such a notice is mandatory, -

shall entail the imposition of an administrative fine on officials in the amount of from five thousand to ten thousand rubles; for legal entities - from twenty thousand to thirty thousand rubles.

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