Notification of the beginning of a type of economic activity. Is it necessary to provide a notification about public catering services to Rospotrebnadzor? Features of filing a notification

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 a permit, then the business owners are obliged to draw up and send to the appropriate department a notice of the start of implementation entrepreneurial activity.

What's the point?

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

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

Which authority is the notification submitted to?

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

In some territorial units, the FMBA performs the function of Rospotrebnadzor.

Where to submit documents?

In each region, territorial bodies can independently determine the place of filing a notification of the start of entrepreneurial activity. On the official websites of the authorities, the addresses and contacts of the regional offices are always indicated. However, the regulations of Rostrud provide for the submission of documents directly to the department.

Notification methods

The notification, depending on the type of activity, can be submitted to the regional branch of the relevant supervisory authority 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 put down a note of receipt.

Documents can be sent by mail with the obligatory registration of a return receipt form, which will be a confirmation of the transfer of documents. You can transfer electronically in the presence of an EDS, the notification of receipt will also be in electronic format.

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

Document form

A sample notification of the start of entrepreneurial activity is presented in Appendix No. 2 to Resolution No. 584.

Without fail, the notification must contain the following information:

the name of the controlling agency;
date and place of compilation;
data on who is submitting 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 compliance 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 decryption, a seal is affixed, if any.

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

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

What should be attached to the notification

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

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

What changes should be notified to the authorized body

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

if changed legal address or the place of residence of the individual entrepreneur;
in the event of a change in the actual address of the implementation of activities;
if the reorganization of the enterprise has begun.

Within 10 days, as changes were made to the documents of title, 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 will confirm the information contained in the notification.

Why and where information is 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 meets the requirements for a specific type of activity. The supervisory authority is not entitled to require the entrepreneur to obtain permits if the businessman sent a notification on time.

All information received is entered into the register of notifications of the start 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

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

if the form of the document was not followed;
the document has been 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 contains unreliable facts that were revealed, then the fine will already be more than 5,000 rubles. and can reach 10 thousand.

Notification of the start of entrepreneurial activity - required document when submitting to authorized authorities, if you want to open your own business, regardless of the chosen field of work. What exactly he is and how to officially notify the relevant authorities about the closure of his business, we will describe in detail below.

Features of filing a notification

As many novice businessmen know, starting a business requires a mandatory notification procedure when performing certain This document is either submitted by the organization after the procedure state registration its newly formed structure and after tax registration, however, until the moment when the company began directly to start its work.

At the same time, there are certain exceptions for legal entities registered before the first half of 2009, for them to apply for the start of entrepreneurial activity in general view not required, only in case of opening subdivisions on the territory of the Russian Federation.

Activities requiring a notification procedure

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

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

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

Where should the required documentation be sent?

A notice of the start of a business activity, depending on its area, should be submitted to one of the following authorities:

Rospotrebnadzor;
biomedical agency;
Rostransnadzor (when providing transportation services);
Rostrud (for production services);
EMERCOM of the Russian Federation (when it comes to the production of fire protection equipment and other protective products);
Rosstandart;
executive authority of the region (housing inspection or other body depending on the region of the country).

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

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

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

Penalties in the absence of information submission

Notification of the start of a business is a prerequisite to start your own business. If there is no feed of this document the owner of the company may be imposed since such an action from a legislative point of view is

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

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

Form for filling out the notification

According to the law, there is a special form for filling out such a document as a notice of business activity. It is subject to signing by the head of the company or an individual businessman. Next, the seal of the newly-made organization should be put on it, if one has already been made, therefore this item is not mandatory.

The notice consists of items such as:

the name of the body 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 approved, the date of the start of the business is determined, which you designate yourself. It can be submitted both in in electronic format at the place of destination, and in print, then you should fill out the form in duplicate and give it to an authorized person.

What other data may include a notice of starting a business?

In addition to the above points, the document confirming the start of entrepreneurial activity also includes data such as OGRG and TIN, the location of both the legal entity and the place of direct implementation of work (sometimes they may coincide). It also requires the postal address of the main office and the location of branches and representative offices if it comes to network business.

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

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

Document submission rules

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

upon personal contact with an authorized structure;
in the form of a mail notification with a description of the attachment, while the date of filing is the day of sending the correspondence;
by e-mail, subject to the certification of the document with a special digital seal from the applicant.

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

In those cases, if you choose a more traditional method for submitting documentation, then in paper form a notice should be drawn up in duplicate.

Sighting procedure and additional documentation

Please note that current legislature does not provide for payment of the applicant for filing a notice of starting a 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 endorsement, date and indicate the registration number. One copy remains with him, the second is given to the hands of 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:

business notification;
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;
tax registration certificate.

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

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

If the document was submitted, being drawn up not in the form established by law. In this case, it is returned to the applicant and he is recommended to revise it and submit it again.
In cases where the notification was provided to the authority that does not correspond to the chosen type of activity. In such cases, the applicant receives a document confirming the refusal to accept the application, information and details of the authorized body where he should send it is also attached to the refusal.

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

What 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 where the notification was submitted.

In order to report this, you need to draw up an application in any form and submit it to the appropriate authority within ten working days from the date of the change of address or details. This can be done through a personal appeal or by a remote method through the Unified portal of public services.

The application must be supported by such a document as a certificate of changes in data in the Unified State Register legal entities or individual entrepreneurs.

In cases where the information was not submitted in a timely manner, then the owner of the company or the businessman may face a fine from 100 to 5000 rubles, depending on (or for incorrect submission of data).

How to notify about the termination of business activities?

So, we already know how and where to file a notice of starting a business, and now we will consider what needs to be done to stop it.

The end of work can be due to various reasons. For example, the business did not pay off, the funds invested in it did not bring the expected profit. Also, a person may want to change the field of work, take up entrepreneurship 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 a simplified tax system, its suspension must be reported to the appropriate authority, indicating the specific date of the end of the enterprise.

The notification is an approved form for filling, which must be submitted no later than fifteen business days from the date and date specified in the document.

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

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

If the activity is close to the start, it is high time to write to the state in the person of its individual bodies. Supervisors love to receive letters. Otherwise, they may be offended. The cost of the offense is estimated at 2,000 rubles or more.

What's the point?

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

In 2008, Law No. 294-FZ "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs ..." was adopted (details of the documents - after the article), which replaced the preliminary receipt of permission for notification 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 supervisory authority;
sending a notification does not exempt from execution different norms and requirements (of the same SES), in the notification you confirm that everything has been observed.

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

Depending on the type of activity, the notification must be submitted to different departments. To clarify - go to the article "Licenses and notifications: when it cannot be avoided" - in (opens in a separate window) we indicated the supervisory authority for each type of activity.

Rospotrebnadzor is the main body in this topic. It should be noted that for some territories its functions can be performed by the Federal Medical and Biological Agency (FMBA). The list of such territories is approved by the order of the Government of the Russian Federation of August 21, 2006 N 1156-r. Most of these territories belong to closed administrative-territorial entities.

Where to submit a notice of starting a business?

As a rule, the notification must be submitted to the territorial body of the department at the place of business (i.e., where you plan to conduct a line of business, about which you need to notify).

This procedure is directly enshrined in the regulations of Rospotrebnadzor, FMBA of Russia, Rostransnadzor, Rostekhnadzor. Lists of territorial bodies of these departments are given on the websites:

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

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

Rostrud -

The specific executive body of the constituent entity of the Russian Federation that carries out the state

housing supervision
veterinary supervision

is determined in the regulatory legal acts of the constituent entities of the Russian Federation, that is, it is necessary to clarify "locally" in regional regulations and laws.

For Moscow, these are the State Housing Inspectorate of the City of Moscow and the Veterinary Committee of the City of Moscow (convincing links to regulations- at the end of the article).

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

The notification is drawn up in the form of Appendix No. 2 to the Rules (approved by the Government Decree No. 584).

The notification indicates:

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

Notification subscribes individual entrepreneur, the surname and initials are indicated, a seal is put (if any). Everything.

Form (common for all bodies): open for viewing or download for filling (doc, 36KB).

sample filling with comments (notification to Rospotrebnadzor about the start of activities).

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

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

How do I submit a notice of commencement of activity? And what we get in the end

The document can be sent:

directly to the authorized body;
by mail with a list of attachments and return receipt requested;
in the form of an electronic document (you need an electronic digital signature);
through the multifunctional center for the provision of public services and services (MFC).

Notice in writing must be filled in 2 copies. The authorized body puts a mark on both copies and returns 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.

There is no duty. Requirements to send other documents together with notification to current Regulations absent.

Can a business start notification be refused?

They can. For two reasons:

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

These are all basic questions on the topic. Looking ahead - a change in the place of residence of an entrepreneur, the start of activities at a new address (change of place of business) is a reason for a repeated notification of the regulatory authorities.

Article 8 of the Federal Law of December 26, 2008 N 294-FZ "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Exercise of State Control (Supervision) and Municipal Control" (hereinafter referred to as the Law);
Rules for the submission of notifications of the beginning of implementation certain types entrepreneurial activity and accounting for these notifications (approved by Decree of the Government of the Russian Federation of July 16, 2009 N 584; hereinafter referred to as the Rules);
Administrative regulations providing Federal Service on supervision in the field of consumer rights protection and human well-being, state services for receiving and recording notifications about the beginning of the implementation by legal entities and individual entrepreneurs of certain types of work and services in accordance with the list provided for by the Government Decree Russian Federation dated July 16, 2009 N 584 (approved by the Order of Rospotrebnadzor dated 19.07.2012 N 779; hereinafter - Rospotrebnadzor Regulations);
Administrative regulations for the provision of state services by the Federal Medical and Biological Agency for the receipt and accounting of notifications on the beginning of the implementation by legal entities and individual entrepreneurs in the territories subject to servicing by the Federal Medical and Biological Agency of 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 1652n; hereinafter - FMBA of Russia Regulations);
Administrative regulations for the provision of state services by the Federal Service for Labor and Employment for the receipt and accounting of notifications on 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 337n; hereinafter - Rostrud Regulations on social services);
Administrative regulations for the provision of public services by the Federal Service for Supervision in the Sphere of Transport for the receipt and accounting of notifications about the beginning of the implementation by legal entities and individual entrepreneurs of certain types of work and services according to the list approved by the Government of the Russian Federation (approved by Order of the Ministry of Transport of Russia dated April 29, 2013 N 145; hereinafter - the Regulation of Rostransnadzor);
Administrative regulations for the provision by the Federal Service for Environmental, Technological and Nuclear Supervision of the state service for receiving and recording notifications about the start of certain types of activities for the operation of explosive and chemically hazardous industrial facilities of IV hazard class by legal entities and individual entrepreneurs (approved by Rostekhnadzor Order dated 12.05. 2015 N 186; hereinafter - the Regulation of Rostechnadzor).

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" types of entrepreneurial activity the body (bodies) of state control (supervision) authorized or authorized in the relevant field of activity.

Notification of the start of certain types of entrepreneurial activity is submitted by legal entities, 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 services Catering catering organizations;

The notification on the start of certain types of entrepreneurial activity indicates that a legal entity, an individual entrepreneur complies with the mandatory requirements, as well as the compliance of their employees with the entrepreneurial activity they carry out and intended for use in the process of their entrepreneurial activity of territories, buildings, structures, structures, premises. , equipment, similar objects, Vehicle mandatory requirements and requirements established by municipal legal acts. A notice of the start of certain types of entrepreneurial activity 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 start of the actual performance of work or the provision of services. The specified notification can be submitted in the form of an electronic document.

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

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

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

3) reorganization of a legal entity.

Information on 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 a single State Register legal entities or the unified state register of individual entrepreneurs in the order, established by law Russian Federation.

The Government of the Russian Federation establishes the form of notification of the start of certain types of entrepreneurial activity and the procedure for submitting such notifications to the authorized body of state control (supervision), including in the form electronic documents, as well as the procedure for their accounting.

STARTING NOTICES

CONDUCTING BUSINESS ACTIVITIES

(as amended by Resolutions of the Government of the Russian Federation of 04/14/2010 N 245,

from 26.12.2011 N 1132)

_____________________________________

(notice registration mark

in the authorized body)

V _________________________________________________________________________

(name is indicated federal body executive power

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

NOTIFICATION

on the start of entrepreneurial activity

(full and abbreviated, including corporate (if available),

name, organizational and legal form of a 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))

___________________________________________________________________________

(the 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

the 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 in the implementation

state control (supervision) and municipal control "notifies

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

activity: _____________________________________________________________

___________________________________________________________________________

(the type (types) of activity and the work performed in its composition are indicated

___________________________________________________________________________

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

___________________________________________________________________________

entrepreneurial activity, the start of which

___________________________________________________________________________

legal entity or individual entrepreneur

notification is presented)

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

structures, equipment, other similar objects, vehicles,

intended for use in the implementation of the declared

activities, personnel, other conditions for the implementation of entrepreneurial

activity compulsory requirements.

_________________________ _______________________ _________________________

(title of position (signature of the head (initials, surname

head of a legal entity, head

legal entity) a person representing a legal entity,

interests of a legal entity representing

person, individual interests of a legal

entrepreneur) a person, individual

entrepreneur)

Legal entities, individual entrepreneurs who carry out activities that require notification of the relevant authorities, in the event of failure to submit notifications of the start of certain types of business activities or the submission of such notifications containing inaccurate information, are liable in accordance with the legislation of the Russian Federation.

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

(introduced Federal law from 27.07.2010 N 239-FZ)

1. Failure by a legal entity or individual entrepreneur to submit 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 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 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 five thousand to ten thousand rubles; for legal entities - from twenty thousand to thirty thousand rubles.

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