Notice of commencement of business activities 2020

What's the point?

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

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

• if the activity falls under this law, it is necessary to inform the supervisory authority;
• sending a notification does not exempt you from complying with various norms and requirements (of the same SES); in the notification you confirm that everything has been complied with.

https://youtu.be/VilPRTADFnc

Notification form and filling details

At its core, a notification is an information document through which a business entity notifies control authorities about the start of work in a registered type of activity, and also clarifies, indicating the OKVED code, for which specific type of work or service the activity has begun.

The notification is submitted on a standardized form. The standard form of notification of the start of business activity was approved by Resolution No. 584 of July 16, 2009 (Appendix No. 2).

Completing the Notification has some features. For example: if, when registering an enterprise or a future business entity, indicated the codes of wholesale and retail trade, but in one of these areas of activity, for some reason , will not carry out economic activities for some time, then the OKVED code must be indicated in the Notification only for the type of activity for which the subject is actually ready to begin real work. For other types of work, the Notification is submitted additionally.

Failure to provide a Notice of Commencement of Operations, entering false data and errors in filling out the document are fraught with liability for a business entity within the limits of Article 19.7.5-1 of the Code of Administrative Offenses of the Russian Federation, therefore state control authorities recommend using when filling out samples published on official websites, for example, ]]>Rospotrebnadzor ]]> or use the forms posted on the portal ]]>State Services]]>.

Which authority must be notified of the commencement of activities?

Depending on the type of activity, the notification must be submitted to different departments. For clarification, go to the article “Licenses and notifications: when this cannot be avoided” - in the List (will open in a separate window) we indicated the supervisory authority for each type of activity.

Rospotrebnadzor is the main body on 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 was approved by order of the Government of the Russian Federation dated August 21, 2006 N 1156-r. Most of these territories belong to closed administrative-territorial entities.

Where to submit a notification about starting a business activity?

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

This procedure is directly established by the regulations of Rospotrebnadzor, FMBA of Russia, Rostransnadzor, Rostechnadzor. Lists of territorial bodies of these departments are given on the websites:

• Rospotrebnadzor - www.rospotrebnadzor.ru
• FMBA of Russia - www.fmbaros.ru
• Rostransnadzor - www.rostransnadzor.ru
• EMERCOM of Russia - www.mchs.gov.ru
• Rosstandart - www.gost.ru
• Rostechnadzor - www.gosnadzor.ru
• Roszdravnadzor - www.roszdravnadzor.ru

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

• Rostrud - www.rostrud.ru

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

• housing supervision
• veterinary supervision

is determined in the regulatory legal acts of the constituent entities of the Russian Federation, that is, it must be clarified “on the ground” in regional regulations and laws.

For the city of Moscow, this is the State Housing Inspectorate of the city of Moscow and the Veterinary Committee of the city of Moscow (convincing links to regulations are at the end of the article).

Where to submit information

There are several bodies that control an entrepreneur when starting his own business. Most often, information is submitted to the following authorities:

1. Rospotrebnadzor: publishing and printing; trade; the area where computer technology is used; production of textiles, footwear, furniture, wooden products, food, construction materials, personal protective equipment; services in the field of hotel business and catering; travel agencies.
2. Rostransnadzor: transportation of luggage, cargo, passengers by any type of transport.
3. Rostekhnadzor: operation of hazardous industrial facilities.
4. Rosstandart: production of measuring instruments, standard samples, low-voltage equipment.
5. Rostrud: social services.
6. Ministry of Emergency Situations: production of fire fighting products.
7. Housing supervision authorities: services related to apartment buildings, their maintenance, maintenance and repair.
8. Veterinary authorities: production of animal feed.

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

read - Briefly: what the form is about and how to fill it out if you don’t want to look at the form and sample

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

The notice shall indicate:

• name of the authorized body to which the notification is submitted;
• date of the notification;
• the person who submits the notification: last name, first name, patronymic of the individual entrepreneur, INN and OGRN (main state registration number of the state registration record);
• address of the place of actual implementation of the declared type of activity;
• types of activities and work (services) performed (rendered) within them, for which 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 provide the codes for these types of activities according to OKVED or OKUN;
• the date from which the relevant activity will be carried out.

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

Form (same for all authorities): open for viewing or filling out (doc, 36KB).

View a sample form with comments (notification to Rospotrebnadzor about the start of activities).

The notification may indicate several types of activities and several addresses at which these activities are carried out. Possible options:

• If all types of activities and all addresses belong to one territorial body of the department, everything can be indicated in one notification.
• If different types of activities require notification to different agencies, notification must be sent to each agency.
• If it is necessary to notify one department, but the addresses of the activities relate to different territorial bodies of this department, the question needs to be clarified. For example, Rospotrebnadzor explained that one notification can be submitted to any of the territorial bodies where activities are planned. However, such rules are not enshrined in the regulations and practice may be different. If you don’t want to delve into it and find out, just send notifications to each territorial authority.

Who must give notice

Notification of the commencement of certain types of business activities is submitted only by those entrepreneurs and legal entities whose codes are included in a special list.

Please note: if you chose one of these codes during registration, but do not plan to start a real business using it yet, you do not need to send a notification.

For example, if you open a grocery store with code 47.29, then before starting trading you must send a notice of the start of activity. At the same time, for the future, you also chose a code starting with 56 (catering services), with the expectation that in a year you will open a cafeteria at the store. But while there is no cafe, there is no need to inform anyone about plans to open it. Send notice of the start of business activities in the catering sector only before the actual opening of the cafeteria.

Where are the codes that need to be notified? In Decree of the Government of the Russian Federation dated July 16, 2009 N 584 (as amended on November 12, 2018). Moreover, for some types of activities, OKVED codes are indicated, while for others, codes from another classifier are given - OKPD. It stands for All-Russian Classifier of Products by Type of Economic Activity.

OKVED Directory 2020

For convenience, we also provide in the table the name of each type of activity, the beginning of which must be notified to government agencies. If necessary, we recommend that you refer to the primary source - Resolution No. 584, which is freely available.

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

The document can be sent to:

• directly to the authorized body;
• by mail with a description of the contents and notification of delivery;
• in the form of an electronic document (an electronic digital signature is required);
• through the multifunctional center for the provision of government and services (MFC).

The written notification must be completed 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 confirmation in electronic format.

There is no fee. There are no requirements for sending other documents along with the notification in the current Rules.

Procedure for notifying Rospotrebnadzor

To notify the supervisory authority about the start of business operation, it is necessary to draw up an application form in 2 copies for the supervisory authority and submit it in one of the following ways:

• during a personal visit;
• via mail - draw up a registered letter, attaching an inventory of the contents and a notification of receipt;
• with the help of Multifunctional Centers (MFC);
• by sending an application certified with an electronic digital signature (EDS) on the State Services Portal. It is important to note that not all Portal users have the opportunity to confirm the authenticity of digital signature documents. It is possible to create a simple signature form through your personal account, but with its help you can only view documents. Applications must be certified with a qualified digital signature, which is issued by authorized organizations on removable media.

In addition to the application form, you must provide the following documents to Rospotrebnadzor: copies of TIN certificates, on state registration as an individual entrepreneur. The received application is registered by department employees (with the date and serial number). On the date of acceptance, the second copy is returned to the entrepreneur. If an electronic appeal was sent, the individual entrepreneur will receive a message confirming receipt on the same day. In addition to the initial notification of the commencement of activities, the individual entrepreneur is obliged to report changes in the notification of the commencement of activities to the supervisory authority, for example, when changing the address (actual or legal). Information is provided no later than 10 days from the date of changes (with supporting documents attached).

If the information is not available to the authorized body by the time the business starts operating, this is a violation of the legislation of the Russian Federation, and the entrepreneur will bear administrative liability. The punishment will be sanctions: a fine from 3,000 to 5,000 rubles. Beginning entrepreneurs need to remember the importance of registration with other government bodies: the Pension Fund of Russia, the Social Insurance Fund, and statistical authorities.

The entrepreneur is responsible for the accuracy of the information provided. If it is proven that the information is unreliable, a fine of 5,000 - 10,000 rubles is imposed on the individual entrepreneur. If, after sanctions, correct information is also submitted in violation of the established deadlines, the fine will be 500 rubles.