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How to make a seal for an individual entrepreneur. Do I need an IP seal?

The requirements for organizing a small private business have always been easier to implement than the rules established for the operation of limited liability companies. But at the same time, they often change, which creates more and more new questions. For example: does an individual entrepreneur (IP) need to have a seal for documents, in what situations is its use not necessary, and is it possible to work without it? Let's look at the features of using this tool in work and the consequences that may arise if you refuse to make a stamp.

What has changed regarding the availability of a print?

do I need to have a stamp

To begin with, we note that just a few years ago it was impossible to imagine the work of any legal entity, regardless of the form of business, without developing its own stamp. Its use in working with all important papers was inevitable, and failure to comply with this condition led to the imposition of sanctions by regulatory authorities.

Today, the obligation of an individual entrepreneur to have a seal, like any organization, is determined by the businessman’s own desire and the charter on the basis of which work is carried out. Most entrepreneurs still prefer to acquire such a tool, but only because it makes it easier to confirm the authenticity of internal and external documents.

With the introduction of more and more technologies into the process of doing business, the opportunity to certify any papers has appeared using an electronic signature. In addition to this, the personal flourish of the director or the person entrusted with such responsibility has the same legal force.

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Can an individual entrepreneur (IP) be and work without a seal?

Based on what is said above about the legal requirements, this question can be answered unequivocally: yes, this option is possible. The decision will not bring any sanctions, but you will still have to remember some nuances. The fact is that for clients, counterparties, and suppliers, having their own imprint is extremely important. It provides an additional guarantee and increases confidence in the businessman and his products.

In some cases, customers, intermediaries and other people involved in business may insist on official confirmation of the absence of a stamp. This could be a letter stating that the entrepreneur conducts his business without having his own seal, and uses only a signature as evidence of his actions.

It would seem, why do we need to resort to such conditions? The reason for this is the large number of detected cases of fraud. Attackers act as follows: they sign an agreement without putting a stamp on it, and after receiving funds or goods, they recognize the document as invalid, since in fact the company has its own stamp.

In what cases is printing necessary?

A seal is required in the following situations

:

  • You have employees
    . The fact is that the entries that the employer makes in the work book must be certified with a seal. There are no exceptions to this rule for individual entrepreneurs
  • You work in the transportation industry
    . Waybills (regardless of the type of transport) are certified with a seal
  • When registering a cash receipt order
    . Certification with a seal is required for this document.
  • When issuing sales receipts and invoices
  • When participating in tenders
    . The quotation application for the execution of a government order must be certified with a seal, otherwise it will not be accepted

As for banks, theoretically, having a seal to open an account is not necessary, the Central Bank spoke about this in its explanations. But in reality, many banks set their own internal requirements for the package of documents and their execution, so refusal to open an account is quite likely.

Important!

Keep in mind that if a seal has already been made, then it will need to be placed on all documents, and not just on those for which such registration is required.

When the use of a seal by an individual entrepreneur is mandatory

There are quite a few situations when you cannot do without a stamp in your work, but each of them does not imply exceptions. You will have to order your own print in the following cases:

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  1. If it is assumed that hired employees will work for the individual entrepreneur. This is explained by the need to put a stamp in the work book, which must be filled out when employing any person.
  2. If the organization’s activities involve issuing waybills and some other documents.
  3. If the manager intends to fill out strict reporting forms, be it a sales receipt, an invoice for products sold or other papers.
  4. When opening a bank account. Without a seal, a financial institution simply will not sign an agreement with a businessman.
  5. If you plan to carry out government orders.

In other cases, the decision about whether to purchase a print or refuse it falls on the shoulders of the company owner himself. Although in some cases it is still recommended to do it.

Do I need a seal for individual entrepreneurs and organizations?

By law, individual entrepreneurs and organizations are not required to have a seal. Organizations received this opportunity recently, namely after the President of the Russian Federation signed Law 82-FZ “On amendments to certain legislative acts of the Russian Federation regarding the abolition of the mandatory seal of business companies” on April 6, 2020.

Thus, the presence of a seal is a right, and not an obligation, of individual entrepreneurs and organizations.

How to draw up documents if an individual entrepreneur works without a seal, read here.

It is also important to know that if you once started using a seal in your work, then, in the future, a signature alone will not be enough and you will need to put a seal when signing documents.

Pros and cons of stamps

As mentioned earlier, whether an individual entrepreneur needs to make a seal or not is determined by the entrepreneur himself, but at the same time he should take into account not only the advantages, but also the disadvantages of using the tool. The first group includes:

  1. Increasing the number of potential clients and counterparties. State-owned companies usually refuse to cooperate with potentially unreliable suppliers, and the presence of clichés can increase the level of trust in a businessman.
  2. The ability to hire people in compliance with all labor laws.
  3. A chance to completely abandon the purchase of cash register equipment, but only if such an option is provided for by the taxation system used.
  4. Increasing the level of trust in the entire company, and therefore its status.
  5. Increased security in the area of ​​interaction with other organizations.

As for the downsides, there are much fewer of them. The most unpleasant ones can be considered:

  1. One-time costs for stamp production.
  2. The need to carry the stamp with you at all times.
  3. High risk of losing the print or becoming a victim of criminals.

In general, the advantages clearly outweigh the disadvantages, which means that you should rely on them when choosing.

How to sign documents

We have already repeated several times that the situation when an individual entrepreneur does not have a seal is legal. But at the same time, the question of how to certify one’s powers remains open. From a legal point of view, the direct signature of a businessman on a strict reporting form, agreement or other papers has the same significant force.

But at the same time, you should make sure that the BSO has all the required details. These include: the name of the company, the name of the document itself, its number, date of preparation, information about the transaction being carried out (purchased goods, services provided, etc.), cash equivalent, personalized information about the responsible persons.

Another option to confirm your actions is to use an electronic signature. It is made to order for a specific person and company, which means it guarantees the legality and reliability of the operation. The toolkit has a limited validity period, so you will have to re-purchase periodically.

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Imprint requirements

Now that we have determined for ourselves whether an individual entrepreneur must have a seal or not, it remains to find out what conditions exist for its appearance. There are really a lot of them, and an “incorrectly” stamp will not make the documents valid. Here are the main rules that you will have to follow:

  1. It is mandatory to indicate the full name of the individual entrepreneur, his TIN, OGRNIP, the city where the activity is carried out and the actual form of doing business (in this case, individual entrepreneur).
  2. Only 3 variants of geometric shapes are allowed: circle, square and rectangle.
  3. The size depends on which figure was chosen as the basis. For rectangular, from 35 to 50 mm on one side, and from 70 to 100 mm on the other. Round and triangular - from 38 to 42 mm.

As for symbols, absolutely any symbols are allowed, except for state and municipal symbols, as well as logos that are already the property of other companies.

Printing requirements

There are no strict legal requirements for the press. There is a list of required information to indicate on the seal and a list of what should not be stamped.

The seal must contain:

  • name of the organizational form of the enterprise: individual entrepreneur,
  • Full name IP,
  • city,
  • OGRNIP number,
  • TIN.

It is prohibited to use on print:

  • the coat of arms of Russia and images with it, otherwise a fine of up to 150 thousand rubles is provided,
  • municipal and regional symbols,
  • logos of other organizations and individual entrepreneurs.

There are no other restrictions. You can choose to print in any shape and color.

Where to print

To make the instrument, you should contact one of the specialized centers involved in creating impressions. They may offer several standard options or use your sample as a basis.

Additionally, you will have to decide on the type of stamp - automatic or manual. The second is somewhat smaller and cheaper, but the first is more convenient to use, especially if stamping a large number of documents is required.

The manufacturer of the printing substrate is important. Chinese manufacturers often skimp on materials, so finished tools do not last long. European ones are more stable in operation, although they are more expensive. If possible, you should opt for this option.

How to order a print

To conclude an agreement, a specialized company will have to provide a number of official papers, namely a prepared application for the issue of a stamp, a business owner’s passport, INN and OGRNIP. After this, the company’s employees will offer several options for the base and the actual stamps to choose from.

The actual production work begins after payment. Preparing the finished tool will take no more than a week, although in most companies a few hours are enough. To receive a ready-made cliché, you must come with an identification document, and, if necessary, a power of attorney of the established form.

Cliche with protection

Until recently, only a few organizations provided services for the production of stamps, but today, when the question of whether an individual entrepreneur (IP) should or is required to have a stamp is being asked more and more often, you can turn to a huge number of offices for help. At the same time, it is quite difficult to guarantee your safety from counterfeiting or fraudulent activities.

To protect yourself from possible problems, you can use additional protection options, which include:

  1. Guilloche mesh. Essentially, it is a thin wavy design that is laser engraved onto the base of the print.
  2. Chemical or ultraviolet label. They are not visible on the surface without the use of special additional devices.
  3. Multicolor.
  4. A two-dimensional barcode similar to those placed on every product sold.
  5. Engraving.

Double protection will be especially effective, but the decision to use one or another option remains with the businessman. Moreover, the cost of each of them varies.

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Registration of the IP seal

Since the very presence of a print is a voluntary choice, it is not necessary to additionally notify government authorities about it. Moreover, the production of each new stamp in this case will not mean the termination of the “authority” of the previous one.

But at his own request, a businessman is quite capable of contacting regulatory services to record the presence of this instrument. The procedure can be carried out in several institutions:

  1. At the Federal Tax Service office.
  2. Chamber of Commerce and Industry.
  3. In the official register of the company that prepared the cliche, if such a service is provided.

If an individual entrepreneur refuses to register, he again increases the likelihood of his name being used by fraudsters. As mentioned earlier, a businessman has the right to make several separate stamps and each of them will remain valid. Accordingly, if it comes to court proceedings, without information about the appearance of the stamp from the authority that registered it, the court will in any case recognize the stamp as valid, even if in fact it is not so.

Requirements for IP seals in 2020

To order a print, you must first decide on its appearance and other attributes. There are two types of printing:

  • The stamp is the main one and certifies all documents;
  • a stamp is an additional element that helps organize work within an organization if it is large. For example, stamps with the words “approved” and “executed” are used in the internal circulation of documents.

IMPORTANT: the word “stamp” does not mean that the seal must have a coat of arms.

Seals are also classified according to the shape of the cliche:

  • triangular print;
  • round stamp;
  • rectangular print.

The standard IP print size is 38 – 40 mm.

When ordering you need to select the following attributes:

  1. Ordinary or automatic. Of course, the second type is more convenient to use and more expensive.
  2. Printing equipment: plastic, wood or metal. As a rule, metal equipment is chosen for solidity;
  3. Tool shape: round or rectangular;
  4. Print drawing. This point has some legal requirements, which we will look at below. However, in addition to the required elements, you have the right to depict and write whatever you want on it. You can even order a custom design;
  5. Print protection. There are many types of seal protection against counterfeiting. If you wish, you can order it for your own stamp, which will slightly increase the cost of production.

Lost impression

Extraordinary circumstances, especially those associated with criminal intent, are often encountered in small businesses, which are mostly individual entrepreneurs. Carrying a stamp with you on a constant basis can be inconvenient, and not every businessman thinks about its safe storage. Therefore, anyone can lose a tool or allow it to be stolen. In this case, you cannot simply forget about this fact and order yourself a new stamp, since the old seal will not lose its legal force.

The algorithm of actions is as follows:

  1. You must file a report at the nearest police station.
  2. Then get a certificate here to make a new print.
  3. If registration has been made, you must contact the service with an application to remove the instrument from the register.
  4. If possible, warn your counterparties, suppliers, and clients about what happened in order to prevent them from working with the old stamp sample.

Losing or stealing a stamp will create a lot of problems that will take time to resolve. Therefore, you should take care in advance of a safe place to store it.

Closing an individual entrepreneur

You will also have to take care of the seal if the legal entity is liquidated. Here you need to act according to the situation. If the print has not been officially registered, you can simply keep it or destroy it. You will not have to make any additional requests or statements.

The situation is somewhat more complicated with a tool that was recorded in one of the services. The stamp will have to be liquidated together with the company, but this should not be done independently, but through the tax service. This is where you will have to bring the stamp, having prepared the appropriate papers.

After the cliche is liquidated, the former owner will be issued an appropriate act confirming this fact. From now on, you can stop worrying about unauthorized use of the print.

Voluntary destruction

You can also refuse to use a stamp on your own, because we have already found out that an individual entrepreneur may not have or affix a stamp. As in the previous case, this can be done without resorting to the help of special services if there was no registration. It is enough to simply carry out liquidation and prepare an act about it. It is certified by the personal signature of the business owner.

If the imprint was recorded by the tax service or other authorities, you will have to resort to the method described above, namely, submit an application for destruction. Regardless of how the procedure was carried out, you will have to notify your bank, and possibly other interested parties, about it.

Cost and ordering procedure for individual entrepreneurs

Printing cost

depends on the equipment (manual or automatic) and on the complexity of the design - the print can be simple, with decoration or with a logo.
The more complex the design, the more expensive the production. Prices for this service usually range from 300 to 3000 rubles. The production time depends on the terms of the contract with the contractor and the complexity of the work
. Typically, it takes from several hours to two to three days to make a stamp.

To make a seal you will need the following steps

:

  1. Contact a specialized service with a request to make a stamp
  2. Provide documents (passport, OGRNIP, sometimes TIN)
  3. Select design and additional protection
  4. Enter into a contract
  5. Pay for the service
  6. Pick up the finished seal with your passport (or with a notarized power of attorney, if the seal is taken by an authorized person)
  7. If desired, register the seal with the Federal Tax Service

To protect your seal from counterfeiting, you can order production with additional security features

. For example:

  • Guilloche meshes up to 0.01 mm thick.
  • Chemical or UV tags
  • Multicolor
  • Engraving of drawings and photographs
  • 2D barcode
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