The list of licensed activities is determined. Why do you need a license for an individual entrepreneur?

In our country, aspiring entrepreneurs have the right to freely choose the area of ​​their future activity. However, from the authorities state power A number of requirements are imposed on citizens acting in this capacity. To implement individual species entrepreneurship requires special permission from authorized bodies. This applies to those areas that are directly related to the risk to human life and health. It is worth dwelling in more detail on what the licensing procedure is, for what types of activities it is mandatory and what is the procedure for obtaining this document.

Licensing of certain types of business activities

Selected species entrepreneurial activity on the territory of our country are subject to special licensing. This means that an entrepreneur has the right to carry out such activities only after receiving a permit (license) issued by authorized authorities.

A license is a special document that gives the applicant the right to engage in a specific type of activity.

From the above we can conclude that licensing refers to the provision of licenses to business entities. However, this is not the only function of licensing authorities.

Sale of alcohol is one of the activities subject to mandatory licensing

Licensing is also associated with the following actions:

• re-issuance of documents confirming the availability of licenses;
• suspension of licenses in case of violation by entrepreneurs licensing requirements and conditions;
• renewal or termination of licenses;
• cancellation of licenses;
• control of licensing authorities over compliance by entrepreneurs with relevant licensing requirements and conditions;
• maintaining license registers;
• providing interested parties with information from license registers and other information about licensing.

Licensing of certain types of activities is carried out in order to prevent damage to the rights, legitimate interests, life and health of citizens, environment, objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation, defense and security of the state.

The licensing procedure for certain types of activities is regulated by a number of regulations.

Table: main documents regulating licensing in the Russian Federation

The list of documents regulating licensing in our country is not limited to those presented above. As a rule, each type of activity has its own set of regulations, which the entrepreneur is guided by.

Business licensing authorities

The issuance of licenses is carried out by executive authorities of the constituent entities of Russia or local government bodies responsible for the field of activity subject to licensing.

Table: list of licensing authorities

Rosselkhoznadzor and Roszdravnadzor are responsible for issuing licenses in the field of medical and pharmaceutical activities.

Types of activities subject to licensing

An exhaustive list of such activities is presented. Let's look at the most common types of licensed business activities.

Table: list of activities for which a license is required

One of the most common types of activities subject to licensing is the provision of educational services.

Video: licensing of all types of waste management activities

The procedure for obtaining an individual entrepreneur license

Obtaining a license for a certain type of business activity requires the applicant to meet certain requirements. Depending on the status of a legal entity or individual entrepreneur, as well as the type of its business activity, the rules for obtaining it may vary.

In most licensing cases, the license applicant must satisfy the following specific requirement or set of requirements. For example:

• have real estate, transport, equipment, etc.;
• maintain an active work headquarters;
• have professional education, work experience, etc.;
• have formed capital.

It should be taken into account that some types of activities are prohibited for individual entrepreneurship. This applies to:

• banking operations when creating a bank;
• activities for the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products;
• work in the field of atomic energy use;
• activities related to the organization and conduct of gambling in bookmakers and sweepstakes.

If a citizen is registered as an individual entrepreneur and meets the requirements, he can begin to obtain a license. The process can be schematically represented in the form of instructions.

Application for a license

At the first stage, the entrepreneur writes an application asking for a license for the type of activity he has chosen. Sample application for a license for the retail sale of alcohol.

In the application, the individual entrepreneur indicates the following information:

• personal data of the entrepreneur (passport data);
• contact information (phone number, email address);
• main state registration number(OGRIP);
• taxpayer identification number (TIN);
• details of the document confirming the fact of payment of the state duty for the provision of the license;
• type of activity indicating the work and services performed.

The application for a license must indicate the taxpayer identification number

Collection of documents

• passports;
• photocopies of the certificate of state registration of individual entrepreneurs;
• a notarized copy of the TIN or the original TIN and an uncertified copy;
• applications for obtaining a license;
• data on employee qualifications (if required).

It is worth keeping in mind that the list of documents can be expanded. Therefore, it is better to clarify in advance what documents are needed in this case.

A certificate of state registration of an individual entrepreneur is one of the documents provided by a citizen to the licensing authority

Payment of state duty

Then the individual entrepreneur pays the state fee for the licensing authority’s consideration of his application and attaches a receipt of payment to the package of documents. The amount of the state duty will depend on the specific type of activity. As a rule, the state duty is charged in the amount of 7,500 rubles, but in some cases the license is more expensive.

Submission of documents to the licensing authority

All documentation is accepted by the licensing authority according to the inventory, a copy of which is marked with the date of acceptance.

A copy of the inventory with a mark on the date of receipt is given to the applicant or transferred to him in the manner in which the documents were received

IN within three working days, the licensing authority decides to consider the application or return it if the documents do not meet the requirements (for example, they are not provided in full). If a decision is made to return the application, the applicant will be notified of the need to correct the violations within 30 days.

A notification about the need to eliminate identified violations is sent to the entrepreneur by registered mail or in the form of an electronic document

Receiving the finished document

After the application for a license has been accepted, a decision on issuing a license is made within 45 working days. The final decision is formalized by order of the licensing authority. The license will be issued within 3 working days after its signing and registration.

The decision to issue the required document is made only if the licensee meets all the requirements

If a refusal is received, the entrepreneur has the right to appeal such a decision in court.

It is worth keeping in mind that a license to conduct a certain activity is issued to a specific individual entrepreneur. The law does not provide for the right to transfer it to another person.

If the form is lost, the businessman has the right to contact the local administrative authority with a request to issue a duplicate.

Comprehensive business license agreement: concept, meaning, legal features

A comprehensive business agreement (franchise) is the provision of a set of rights by one party (the company selling its franchise) to the other party (the buyer of the franchise).

Such rights are granted for a fee. They include the right to use the trademark of the copyright holder, trade secrets, as well as other objects intellectual property(trademark, service mark, etc.). The franchise agreement must also be registered. Its registration is carried out in the same body where the owner of the exclusive rights is registered.

The copyright holder of a set of exclusive rights is obliged to:

• ensure the transfer to the user of the entire range of exclusive rights under the contract, instruct the user on the exercise of rights, and provide other information necessary for the exercise of these rights;
• ensure registration of the franchising agreement;
• provide the user with ongoing assistance in using the exclusive rights transferred under the contract, including assistance in training and advanced training of personnel;
• control the quality of goods produced, work performed and services provided by the user on the basis of a franchise agreement.

The user of such rights is obliged to:

• use the complex of exclusive rights received by him in strict accordance with the terms of the agreement;
• pay the right holder the remuneration stipulated by the contract;
• produce goods, perform work, provide services with the same reliability and similar quality as all this is done directly by the copyright holder;
• provide buyers (customers) with all the same services that would be expected directly from the copyright holder;
• do not allow the transfer of received objects of exclusive rights to other persons without the consent of the copyright holder.

The contract in question is terminated as a result of its expiration. Early termination is also possible by mutual agreement of the parties.

The comprehensive business license agreement is terminated in unilaterally in cases:

• failure of one of the parties to fulfill the terms of the agreement;
• termination of the rights to the registered name, trademark, etc. belonging to the copyright holder;
• changes in the company name and other exclusive rights belonging to the copyright holder (in this case, the user’s unilateral refusal to fulfill the contract is valid);
• concluding an agreement without specifying a term (termination of the agreement in such a situation may result from the counterparty at any time);
• failure by the copyright holder to fulfill its obligations to update technology, train personnel, etc.;
• non-compliance with the rules for maintaining trade secrets, requirements for the protection of intellectual property of the copyright holder;
• late payment of remuneration by the user;
• declaring the copyright holder or user bankrupt.

Validity of the license in time and territory

In most cases, a license is issued for an unlimited period, i.e. it is a perpetual document. However, in some cases there are restrictions on the validity period of licenses.

Examples of duration restrictions by type of activity:

• on audit activities- 5 years;
• for retail trade in alcoholic beverages - from 1 to 5 years;
• to work with state secrets - up to 5 years at the request of the applicant;
• for the provision of communication services - from 3 to 25 years;
• for passenger transportation within the Russian Federation - 5 years (at the first application);
• for carrying and storing weapons - 5 years.

The validity period of the license upon its expiration can be extended at the request of the entrepreneur.

An individual entrepreneur has the right to begin carrying out its activities from the next day after approval of the issuance of a license for it. Entrepreneurial activities can be carried out throughout Russia, regardless of the place of issue, as well as in places of jurisdiction of the Russian Federation.

It is worth keeping in mind that the activities covered by licensing are checked by regulatory authorities.

Depending on license type government agencies conduct IP checks with varying intensity. Inspections are based on requests from individuals or legal entities regarding possible violations in the work of a businessman. Based on the inspection materials, a corresponding act is drawn up.

If within 1 calendar year IP receives more than two negative reviews Based on the results of the inspection, the local administrative authority has the right to cancel the issued license.

The license is suspended by the licensing authority in the following cases:

• violations of licensing requirements and conditions that create an immediate threat to the life or health of citizens;
• failure by the entrepreneur to comply with the instructions of the licensing authority to eliminate identified violations;
• failure to submit an application for re-issuance of a license or issuance of a duplicate license to replace a lost one within the prescribed period.

Information about the suspension of a license is entered into the license register.

The license is renewed after the entrepreneur fulfills all requirements by decision of the licensing authority from the date:

• following the day of expiration of the deadline for execution of the newly issued order;
• following the day of signing the inspection report establishing the fact of early execution of the newly issued order.

Information about the renewal of a license is also entered into the license register. If the established requirements have not been fulfilled, the authorized body makes a decision to revoke the license.

Responsibility for carrying out activities without a license

For carrying out activities without a license, the legislation provides for various types of liability:

• penalties (for citizens in the amount of two thousand to two thousand five hundred rubles);
• confiscation of illegally obtained income;
• deprivation of the right to engage in certain types of activities;
• participation in community service for a period of 180 to 240 hours;
• arrest for a period of 4 to 6 months;
• imprisonment for up to 3 years.

Entrepreneurs for lack of licenses may be subject to not only administrative responsibility, but also criminal

Tax implications should also be taken into account. The application of tax benefits is impossible if there is no license to conduct the type of activity that is subject to licensing.

If we talk about liability, as an example we can cite the judicial act of August 1, 2006 in case No. 3–2/06, according to which the Arkhangelsk regional public organization “Spiritual Revival of Northerners” was subject to liquidation. This organization, using methods of psychological and psychotherapeutic influence during lectures and meditations, carried out medical activities without having the appropriate license. Thus, Art. 17 Federal Law “On licensing of certain types of activities”. Conducting mass meditations for the purpose of physical and spiritual healing is a violation of Part 6 of Art. 57 of the “Fundamentals of the Legislation of the Russian Federation on the Protection of Citizens’ Health,” which prohibits mass healing sessions. These violations of the law are gross, which, in accordance with Art. 44 Federal Law “On public associations"and clause 2, part 2, art. 61 of the Civil Code of the Russian Federation serve as the basis for the liquidation of an organization.

The licensing procedure combines a set of actions related to the provision, suspension, renewal, cancellation of licenses and re-issuance of documents confirming their availability. This is a type of government control aimed at protecting the rights and interests of citizens, their health and morals, as well as national security. To carry out certain types of business, obtaining a permit is considered mandatory, but the absence of a license leads to administrative and criminal liability.

For many types economic activity When registering with the Federal Tax Service, you need not only to choose the correct OKVED code, but also to obtain the appropriate license. In the article we will tell you how to find in the list of codes the right type licensed activities and prepare documents correctly.

The list of OKVED codes is constantly updated. Last changes happened in August of this year. Therefore, if you already have a business, you still need to check the codes and send new information to the Federal Tax Service.

Download full list OKVED-2 is available from the official website of Rosstat. But, let's be honest, working with him is not very convenient. There are resources on the Internet that have already processed the information and compiled it into a visual table. For example, https://code-okved.rf and https://okvd-2.ru.

The code numbers mean:

** - Class,

**,* - subclass,

**,** - group,

**,**,* - subgroup,

**,**,** - Kind of activity.

The code in the registration papers must consist of at least 4 digits (class, subclass and group). In addition to the main code (activity that will provide 60% of income), you can choose additional ones; their number is not limited by law. After choosing the types of activities, check whether they require a license.

Types of activities subject to licensing in 2018

A license is a document that gives companies and private entrepreneurs the right to engage in certain activities.

Those areas of activity that have a potential danger to the life and health of citizens, and also relate to the sphere of state security, are subject to compulsory licensing.

Laws and acts on licensed activities in the Russian Federation

Activities requiring a license are regulated federal laws. The main document in this area is Law 99-FZ of May 4, 2011 “On licensing of certain types of activities.” It names all the main areas of activity. subject to licensing. Last update it happened on August 3, 2018. You can download the version of the document current as of August 2018.

Article 12 of Law 99-FZ contains a list of licensed activities, consisting of 53 points (download).

But there are other laws that indirectly regulate the activities of companies in this area.

These include, in particular, the following laws:

4015-1 dated November 27, 1992 – on insurance activities;

39-FZ dated April 22, 1996 – on the securities market;

325-FZ dated November 21, 2011 – on bidding;

395-1 dated December 2, 1990 – on credit institutions;

75-FZ dated 05/07/1998 – on the activities of non-state pension funds;

7-FZ dated 02/07/2011 – on clearing;

171-FZ of November 22, 1995 – on the production and trade of alcoholic products;

5485-1 dated July 21, 1993 – about state secrets.

A short list of activities that require a license, with OKVED 2018 codes

Not all areas of the economy are suitable for small businesses, and even more so for individual entrepreneurs. We have summarized the most popular licensed activities in a table and added OKVED codes.

More detailed description with a list of areas of economic activity, look at the codes you need in the OKVED-2 classifier (download the current list of OKVED codes).

Features of licensing the activities of individual entrepreneurs and LLCs

For individual entrepreneurs, unlike a legal entity, only a small list of types of licensed activities is allowed: medical ( private practice), trade in pharmaceuticals, freight and passenger transportation, transport services, as well as private search.

If you want to engage in tour operator activities, open a bar or a private security company, you will have to register a legal entity. But a private detective may well limit himself to registering as an individual entrepreneur.

OKVED codes do not always coincide with the list of licensed activities. Therefore, it is important to decide on the main activity and additional services. For example, the hotel business does not need to be licensed. But the hotel usually has a restaurant where alcoholic beverages are sold, so you will need a license to sell alcohol.

How to get a license

There is no single place in Russia where a state license for a particular type of activity is issued. The application must be submitted to the licensing authority that has the right to control the area of ​​business you have chosen.

The full list of licensing authorities is presented in Decree No. 957 of the Government of the Russian Federation of November 21, 2011 “On the organization of licensing of certain types of activities” (download).

List of necessary documents to obtain a license for a particular type of activity according to OKVED 2018 codes

1. Application for a license.
2. Copies constituent documents for LLC, notarized. Or availability of originals for presentation.
3. Receipt for payment of the state fee for consideration of the issue of issuing a license.
4. Notarized copies of documents required to obtain a license for a specific type of business. (Document of lease or ownership of the premises, technical certificates for equipment, certificates of conformity, certificates of education of employees, work books and so on.).
5. Description of submitted documents.

Deadline for consideration of an application for a license in 2018

By law, the application and package of documents must be verified within three days. If errors are found, a month is given to eliminate them. Then, within 45 days, the commission of the licensing authority makes a decision: to issue a permit or refuse.

The license is issued in paper or electronic form (for presentation on the Internet, for example).

Be careful when registering a business. Correctly choose the main and additional codes from the 2018 OKVED list. Check whether you need a license for your type of activity. Please be patient while collecting documents and licensing.

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Types of activities subject to licensing - 2017 according to OKVED,represented by several dozen positions. In what sources of law are they recorded? How can you find compliance with them in OKVED and why is this necessary?

Why know which OKVED documents correspond to licensed types of activities?

Strictly speaking, the company’s presence of OKVED codes that correlate with the licensed activity, in general case is not a condition for obtaining a license. License applications generally require only the substantive type of activity to be indicated (or this is implied by the structure of the application itself). The authorities issuing the license may not check what OKVED codes the company has.

But this criterion important from the point of view of subsequent checks. If a company’s Unified State Register of Legal Entities contains a licensed OKVED, but it does not have the corresponding permit, then during a state inspection the company may be fined on the basis that, for one reason or another, the inspectors will consider that the organization is actually engaged in a licensed type of activity.

Thus, it is in the interests of a legal entity that does not plan to engage in licensing activities to ensure that there are no OKVED license codes in its entry in the Unified State Register of Legal Entities.

The easiest way to identify them is to compare current types of activities according to OKVED, which are in the Unified State Register of Legal Entities or which the company intends to enter into the Unified State Register of Legal Entities (for example, upon state registration), with the types of activities subject to licensing, focusing on their essence.

To do this, it will be useful to familiarize yourself with the list of licensed types of activities in the Russian Federation.

About what Negative consequences for the taxpayer may be the identification of false data in the Unified State Register of Legal Entities, read the article .

What types of business activities are licensed in the Russian Federation

In accordance with paragraph 1 of Art. 12 of the Law “On Licensing...” dated 04.05.2011 No. 99-FZ, obtaining a license is mandatory for carrying out 49 types of activities (out of 51 points given in the text of the law, 2 have lost force). Conventionally, they can be classified into the following main groups:

1. Production and sale of information security software, provision of services in this area.
2. Production and sale of technical means for secretly obtaining information.
3. Production of printed products that are protected from counterfeiting.
4. Production of aviation equipment.
5. Production, sale, maintenance of weapons, military equipment, ammunition.
6. Storage and destruction of chemical weapons and waste.
7. Carrying out operations at chemically hazardous, as well as explosion- and fire-hazardous industrial facilities within the framework of the circulation of explosives.
8. Activities to ensure fire safety.
9. Production and maintenance of medical equipment.
10. Carrying out legal drug trafficking.
11. Activities of laboratories for the study of microorganisms (infectious, genetically modified).
12. Providing services for the transportation of passengers, delivery of goods by various modes of transport.
13. Providing services for loading and unloading dangerous goods at various types transport.
14. Providing towing services via sea transport.
15. Organization of gambling.
16. Activities of security and detective services.
17. Processing and sale of scrap metals.
18. Employment of Russian citizens abroad.
19. Providing telecommunications services, organizing broadcasting.
20. Making copies of intellectual property on various media.
21. Working with radiation sources.
22. Providing educational services.
23. Carrying out geodetic, cartographic and surveying works.
24. Activities in the field of hydrometeorology.
25. Activities in the field of medicine and pharmaceuticals.
26. Activities to preserve cultural heritage sites created by the peoples of the Russian Federation.
27. Providing industrial safety assessment services.
28. Management of multi-apartment buildings on a commercial basis.

The business owner’s task is to compare the current OKVED codes with those established for types of activities that are to one degree or another similar to the licensed types of activities we listed above.

To do this, you need to go to the original source - OKVED classifier. The nuance is that there are several of them in the Russian Federation. Which ones should you contact?

Which OKVED code should a company use?

Until 2017, there were 3 lists of OKVED codes in force in the Russian Federation:

• OK 029-2001;
• OK 029-2007;
• OK 029-2014.

The first OKVED was introduced on November 6, 2001 instead of such classifiers as OKONKH and OKDP, which are not used today in legal relations related to obtaining a license.

Classifier OK 029-2007 was introduced on January 1, 2008, but its entry into force, firstly, did not cancel the legal force of OK 029-2001, and secondly, its effect began to extend to a narrow range of legal relations related mainly to the collection economic statistics.

The OK 029-2014 classifier has been used as a valid OKVED source since January 31, 2014. From July 11, 2016, it began to be used to reflect the corresponding codes in the Unified State Register of Legal Entities and Unified State Register of Individual Entrepreneurs when registering legal entities and individual entrepreneurs (letter of the Federal Tax Service of Russia dated June 24, 2016 No. GD-4-14/11306@). Since the beginning of 2017, this classifier has become the only one operating in the Russian Federation. The validity of all other similar directories has been canceled (Order of Rosstandart dated January 31, 2014 No. 14-st).

Thus, in 2017, it is necessary to look for compliance of licensed types of activities with those types of activities that are prescribed in the OK 029-2014 classifier.

Note that, along with turning to the primary source - the OKVED classifier - significant assistance in solving the problem under consideration can be provided by the use of the provisions of the Government of the Russian Federation of July 16, 2009 No. 584. It contains lists of types of activities that businesses must notify the state about, and many of them (For example, information Technology, work with explosives) coincide with the licensed ones. At the same time, the OKVED codes are also indicated for them in Resolution No. 584.

Therefore, to compare current types of activities with licensed ones, you can also use the list recorded in Resolution No. 584.

But it is often impossible to do without contacting the official OKVED classifier. Let's study the nuances of its use.

How to compare the OKVED code with the licensed activity

In the structure of the list OK 029-2014, types of activities are combined into sections and within each section are divided into classes, subclasses, groups, subgroups and types. Sections are marked with Latin letters, and each of the smaller registers has a digital designation.

The OKVED code is formed from a set of digital designations of registers separated by dots. Searching for a code corresponding to a specific type of activity in the classifier is quite simple, since it is based on its correlation with the name of a specific section and, in descending order, with the name of each smaller register.

Let's look at several examples of finding compliance of OKVED codes with licensed types of activities.

In accordance with sub. 1. clause 1 art. 12 of Law No. 99-FZ, a license is required for the production and sale of cryptographic information security tools. OKVED OK 029-2014 does not contain the terms “cryptography” or “encryption”. But there is class 26 “Production of computers, electronic and optical products”, which also includes activities such as the production of information security means, the creation of information and telecommunication systems protected using information security means. This class includes group 26.20 “Production of computers and peripheral equipment”, which contains subgroup 26.20.4, which includes activities for the production of information security equipment, as well as information and telecommunication systems protected using information security equipment. This gives reason to admit this type licensed activities.

The activity of detecting devices that are designed to secretly obtain data has a fairly close correspondence to OKVED codes. This activity is licensed in accordance with subsection. 3 p. 1 art. 12 of Law No. 99-FZ. It's about about the code of group 80.20 “Security systems activities”, allocated in class 80 “Security and investigation activities”.

In the case of sub. 8 clause 1 art. 12 of Law No. 99-FZ licenses the development and sale of military equipment. In this case, it is legitimate to talk about the correlation with it of several OKVED codes according to the OK 029-2014 list. Namely:

• 25.40 (for activities related to the production of weapons and ammunition);
• 30.11 (construction of ships, including military ones);
• 30.30 (aircraft release);
• 20.51 (production of explosives);
• 84.22 (activities in the field of military security).

Thus, comparing OKVED codes and licensed types of activities is a completely solvable issue, even taking into account the fact that in the structure of the OK 029-2014 list, the codes do not always clearly correspond to the types of activities that are recorded in the provisions of Law No. 99-FZ. Many OKVED codes at least do not contradict the specifics of the business segment to which the licensed type of activity belongs. And this may become a reason for classifying the type of activity of the taxpayer who has chosen such OKVED as licensed.

Results

Kinds economic activity in the Russian Federation, requiring a license, are established by the provisions of paragraph 1. Art. 12 of Law No. 99-FZ. For a taxpayer who does not intend to engage similar types activities, during the initial registration or making adjustments to the registration data, it is necessary to avoid the appearance in the Unified State Register of Legal Entities of OKVED codes corresponding to the licensed types of activities, otherwise during the inspection a fine may be issued for the lack of a license.

It is necessary to compare licensed types of activities with those types for which codes are defined in the list of OK 029-2014.

Commercial activities are carried out in strict accordance with the law. Many types of business activities require special documentation various types of permits confirming the competence and legality of the business. Such a document is a license that is issued commercial structures for work in specially controlled types of business activities.

What types of individual entrepreneurs require a license?

They are issued in strict accordance with the requirements government agencies responsible for issuing licenses. If the type of activity that an entrepreneur is engaged in is included in the list for which a license is required, he must obtain one. Therefore, individual entrepreneurs are also required to undergo licensing if necessary. For this purpose, a list of requirements is established, the observance of which will ensure compliance with legal, medical and other standards. This will make the activities of the individual entrepreneur comply with the quality and safety standards determined by the legislative framework.

Constant improvement of legislation has significantly reduced the number of activities that need to be licensed. Until 2002, there was a practically uncontrolled process of the emergence of special permits and licenses covering several dozen types of activities. But subsequently, every year their number decreased significantly. This had a beneficial effect on the development of small businesses.

At the same time, some areas of activity are undergoing significant changes due to new requirements introduced by regulatory authorities. For example, until 2008, individual entrepreneurs had the right to engage in veterinary activities, but after some drugs were recognized as narcotic substances, compulsory licensing was introduced, under which only LLCs could obtain a license. This led to leaving veterinary medicine large quantity Individual entrepreneurs or they had to re-register in other legal forms.

Therefore, when asking the question whether a license is needed for an individual entrepreneur, you need to take into account the type of occupation and the scope of commercial activity that the entrepreneur carries out. Currently, according to current legislation, there are restrictions for individual entrepreneurs in obtaining licenses. For example, they cannot do:

Find out how to get a license for taxi services without registering as an individual entrepreneur:

• sale of alcoholic products and their production;
• designing equipment for the armed forces;
• engage in the production of military equipment;
• sale, purchase and production of poisons and narcotic drugs, as well as some types of medicines.

It should be clear to the entrepreneur what he will do when conducting business from the moment he decides to register an individual entrepreneur. Therefore, it is important to choose the right type of activity and clearly understand whether it is subject to licensing or not. It is sometimes difficult to understand the vicissitudes of legislation and various departmental decrees on your own, so it is advisable to contact numerous organizations involved in preparing documents for obtaining a license. This will of course significantly increase cash costs. But they will more than pay for themselves due to the absence of problems from outside law enforcement. After all, violation of the rules for carrying out licensed activities may result in not only administrative liability, but also criminal liability.

What are the requirements for obtaining a license?

For each type of activity falling under compulsory licensing, individual rules for the provision of licenses have been adopted. To obtain it, you must fulfill the requirements for organizing a business, preparing documents, as well as for the designer or business manager himself.

Find out how to get a liquor license:

For example, if an entrepreneur decides to provide dental services or opens a pharmacy, the requirements will not be limited to checking compliance with the rules for equipping the premises, technical equipment, and work organization. It will be necessary to provide information about the availability of appropriate education and necessary qualifications of employees hired for work. In this case, it is good if the entrepreneur himself has a medical education. For the licensing commission this will be considered an undeniable advantage. Of course, having a specialized education for an entrepreneur is not a mandatory requirement, but positive role it will play.

Choosing a field of activity where IP licensing will be a necessary condition to run a business, you need to prepare everything in advance Required documents and fulfill the requirements for the premises in accordance with established rules. As noted earlier, there are numerous specialists who can help with this. But it should be borne in mind that any activity related to obtaining a license is under the close attention of regulatory authorities. Therefore, the implementation of internal control must be approached with all responsibility in order to avoid violations and, as a consequence, economic losses due to fines.

Entrepreneurs sometimes (out of caution or bewilderment) have a question: “Do I need a license for this type of activity? And for what?".

In fact, what does an entrepreneur have the right to do only after receiving a license? Let's try to figure this out, but first let's decide what can be called a license.

A license is a special permit document confirming the right of its holder to engage in a certain type of activity and guaranteeing the fact that the license holder complies professional requirements, assigned to him.

Licensed types of activities in the Russian Federation are

• pharmacy;
• medical;
• railway,
• air,
• sea ​​and river passenger and cargo transportation;
• the field of private investigation.

Who may not be given a license?

License holders can be either LLC (JSC) or individual entrepreneurs. Each type of activity has its own requirements, and each license is issued by the appropriate commission, which includes representatives of the profession.

There was a time (before the emergence of the institution of individual entrepreneurship) when the number of occupations subject to licensing exceeded a hundred. Since 2002, the number of licensed activities has decreased significantly. This was done in order to enable small businesses to develop without bureaucratic obstacles. But in the legislative sphere regarding licenses, certain changes are constantly taking place.

Individual entrepreneurs also do not have the right to engage in:

• creation and development of military products;
• trafficking in drugs, poisons, potent drugs;
• production and sale of alcoholic beverages.

How important is it to have an IP license?

On the other hand, do you need an individual entrepreneur license? After all, there is an opportunity to be engaged in a huge number of types of business that do not require not only licenses, but also any permits. A list of these types of activities can be found in any law relating to individual entrepreneurship. Some of these types only require the submission of notification applications to supervisory authorities (in particular, Rospotrebnadzor). And for others (for example, those employed in the tourism business), you need to submit documents to the Financial Guarantee Service and provide evidence of the presence of a 10 million ruble insurance deposit in your accounts.

Certification

There is another document that looks like a license. This is a certificate of conformity, which is issued for the list of goods subject to mandatory certification in wholesale and retail trade. All goods sold by an entrepreneur must undergo comprehensive testing by certification bodies accredited by the Federal Agency for Technical Regulation and Metrology. This guarantees that the use of the product by the buyer will not lead to any disastrous consequences (allergies, hair loss, skin diseases etc.). The list of goods subject to certification can be found at any branch of Rospotrebnadzor (Federal Metrological Service) and on the websites of supervisory departments.

To undergo certification, you hand over the items (or products) that have gone on sale to specialist experts from the department, and they, in turn, conduct a series of experiments with them that reveal the quality of the product.

Please note that full certification is indicated for children's products. Therefore, if you intend to sell them, then be prepared for frequent checks.

By the way, things (especially in wholesale trade) can be supplied already certified. Your only task will be to carry out re-certification if necessary (as a rule, this is a formality). Therefore, you should not forget about this when making purchases at wholesale stores and demand certificates of conformity for goods from sellers.

Let's think before registering a company

The list of licensed activities, as we have already noted above, differs for LLCs and individual entrepreneurs. It all depends on the scale and variety of services offered. If your tasks include providing services to the public related to the use of illegal drugs, then you may want to think in advance about organizing the appropriate form of ownership (LLC or JSC) for the smooth receipt of permits.

Requirements for IP licensing

To be able to obtain a license for certain type activities, it is necessary to meet specific requirements for owners of a licensed business. Let's say you are an individual entrepreneur who is going to open a pharmacy or dental office. You don't have to (although it wouldn't hurt) to have a medical degree yourself. However, if you hire qualified dentists or pharmacists, rent premises that meet sanitary standards for pharmacies or dental offices, organize the provision additional services to your clients, then there is a high probability that the licensing commission will approve your decision to engage in such a business and issue you a permit.

If you plan to engage in passenger transportation, then your vehicle(in addition to its availability) must meet all safety standards, it must be driven by a qualified driver, and the route along which people will be transported must be approved by the traffic police, city administration, road and motor transport services.

As we see, for different cases different requirements (and the packages of documents will also differ).

There are specialized offices that exclusively provide assistance with LLC (or individual entrepreneur) licensing. You can contact them, since the specialists of these companies are already well acquainted with the requirements for parameters and documentation required by licensing commissions, and will advise you correctly before applying for a license.