Notification of the commencement of business activities: why you need and where to file
Regardless of the date when the business activity was registered, if it falls under the list of activities that are subject to the procedure for obtaining a permit, business owners are required to compile and send to the appropriate department a notification about the commencement of business activities.
What is the point?
The notification must be submitted to the relevant authorities at the place of commencement of work, and not at the place of actual location of the enterprise. The Annex to the Rules (Resolution No. 584) clearly indicates the types of activities at the beginning of which it is imperative to draw up a notification.
It should be remembered that the directional notification does not at all exempt the businessman from fulfilling all the rules and regulations provided for by current legislation, including sanitary and fire requirements.By the way, the notification assumes that the entrepreneur complies with all these norms.
What authority is notified?
Naturally, the notification of the commencement of business activities should be submitted to a specific body, and not just sent to the local authorities or any supervisory authority. Most of the notifications are subject to Rospotrebnadzor, for example, at the opening of weaving production or the beginning of retail sales in tents or on the market, at the opening of a hotel. And at the opening of production for the production of primary fire extinguishing equipment, fire equipment notification is submitted to the MOE. If the production of animal feed production is opened, the notification is submitted to the veterinary authority.
In some territorial units, the function of the Federal Service for the Supervision of Consumer Rights Protection and Human Services is performed by the FMBA
Where to apply?
In each region, territorial bodies can independently determine the place of filing a notice of the commencement of business activities. The official websites of the bodies always show the addresses and contacts of the regional offices.However, the regulations of Rostrud provides for the submission of documents directly to the Office.
Ways to submit a notice
Notification, depending on the type of activity, may be submitted to the regional branch of the relevant supervisory body 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 the form of the notification of receipt, which will be a confirmation of the transfer of documents. It can be transmitted electronically if there is a digital signature, the receipt will also be in electronic format.
It also provides the opportunity to submit notifications through the multifunctional center, whose specialists issue a receipt for the receipt of documents.
A sample notice of the commencement of business activities is provided in Appendix No. 2 to Resolution No. 584.
The notification must contain the following information:
- name of the controlling authority;
- date and place of compilation;
- data about the one who gives the notice, data of the enterprise or SP;
- the address of the actual location of the production or activity;
- types of activities, services, works that should be included in the notification in full compliance with the Rules;
- from which date the activity will begin.
At the end of the notification, the position of the person authorized to sign, his signature, full name with decoding shall be affixed, the seal shall be affixed, if available.
The form of notification of the commencement of business activities is one for all.
In the document, you can specify several types and several addresses at which business 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 written notice of the commencement of business activities, the Office will have to provide additional documents:
- copy of the extract from the register;
- a copy of the statement on tax registration.
What changes should notify the authorized body
Legal entity and individual entrepreneur are obliged to notify the authorized body about changes to the following information about themselves:
- if the legal address or place of residence of the individual entrepreneur has changed;
- in case of a change in the actual address of the activity;
- if the reorganization of the enterprise has begun.
Within 10 days, as changes are made in the title documents, the legal entity or the 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 set out in the notification.
For what and where information is entered
In fact, the notice replaces the authorization or approval at the beginning of the activity. By submitting a document, a businessman confirms that, for example, a commercial or industrial premises fully complies with the requirements for a particular type of activity. The supervisor does not have the right to require the entrepreneur to obtain permits if the businessman has sent a notification on time.
All information received is entered in the register of notifications on the commencement of business activitieswhich is public and public.
When can they refuse to accept documents and what is the responsibility for failure to submit a notification
Supervisors have the right to refuse the entrepreneur to accept the notification only in 2 cases:
- if the form of the document was not respected;
- The document was sent to the wrong authority.
It should be remembered that for failure to submit a notice administrative responsibility is provided in the form of a fine of up to 5,000 rubles. If the document contains unreliable facts that have been identified, the penalty will be more than 5,000 rubles. and can reach 10 thousand.