Algorithm for creating a business. How to create your own business from scratch: a practical guide
I present to your attention a proven algorithm of actions for creating a profitable business from scratch. This algorithm has been tested in practice many times and has shown very good results.
All beginners who don’t yet know where to start should start with this universal algorithm.
2) Determine your place in the market. Non-competitive advantage.
The main question here is: “Why will they buy from me and not from competitors?”
It is very important to answer this question clearly. Without this, your business has very little chance of success.
If you don't understand why you are better than your competitors, then your clients won't understand it either. And they won't buy from you.
3) Create a store with a “product”
Note. By “product” I mean what you are selling, be it sausage, training or poodle grooming.
This can be either a store on the Internet, or on the ground floor of a house or in a shopping center.
It doesn’t matter where your store is, the main thing is that when a person comes to it, he sees your offer, your product and can buy it.
4) Present the product correctly
This is a very important point!
You can have a wonderful product three times over, but if you don’t tell anyone about it (or tell it poorly), then they won’t buy from you.
The value of the material will be in the complete set. If you want to create your own business and make money from it, then download the materials!
If you liked the thoughts in this post, it would be great:
🙂 If you leave a comment below – what did you like, what did you not like, what questions do you have? I will be pleased to read21. General conditions for starting your own business. Some principles for starting your own business.
Creating your own business in Russia is carried out in accordance with the current civil legislation, federal laws on individual organizational and legal forms of participants in business activities and regulations governing the entire process of creation and functioning of business organizations. Creating your own business in one or another organizational and legal form presupposes the following prerequisites: 1) availability of property for the formation of initial capital; 2) the availability of a certain amount of financial resources necessary to form the minimum amount of authorized (share) capital; 3) the availability of non-residential premises necessary to locate the office of the future organization and carry out the intended activities, or the availability of opportunities for renting non-residential premises; 4) a preliminary study of the proposed market in which the entrepreneur will offer the result of entrepreneurial activity for sale; 5) forming a team of qualified founders (partners) of their own business who are well aware of the technology for carrying out certain types of activities, maintaining accounting and tax records, etc.
It is important for the entrepreneur himself to objectively answer the following question: do I have everything necessary to run my own business? Since an entrepreneur will be the most important employee in his company, he needs to give an objective assessment of his positive and negative traits. Here are some questions he should ask himself: Can I start my own business? How good am I at getting along with people? How firm am I in making decisions? Do I have sufficient physical strength and emotional potential to successfully conduct business? How well do I plan and organize my affairs?
It is also necessary to answer the question: what type of business should you choose? Typically, the best type of business is the one in which the future entrepreneur is most interested, as well as the one for which he already has certain skills. You can consult with business support services about potential opportunities for different types of businesses in your area. Matching his qualifications to local market opportunities will increase his chances of success
The future entrepreneur must be competent in the field of activity in which he intends to create his own business.
An entrepreneur must be able to calculate the expected consequences of risk, maintain business secrets, and have all the information about the activities of his own enterprise, consumers of products, clients, suppliers, competitors in particular. A positive business environment has not yet been created in Russia, bureaucracy and corruption are flourishing, and there is an aggressive external environment, so the future entrepreneur needs to be able to anticipate the decisions of federal and local authorities, which often infringe on the rights of entrepreneurs, learn to protect not only their property and assets from the encroachment of aggressive strength, but also your life.
Principles. Having decided to start his own business, the future entrepreneur must answer a number of questions:
Who will his company work for, who are his future consumers (buyers), is there a place for him under the “sun of the market”. Therefore, the process of making an entrepreneurial decision should begin with the formulation of an idea - for whom to produce products, goods, perform work, to whom to provide services (depending on the type and type of market);
What to produce, what specific goods, what specific services to perform, and then determine whether he has the conditions and factors for his activities. It should be remembered that entrepreneurs have the right to engage only in legal and (or) licensed activities;
How to produce products (goods), perform work, provide services, on what technical and technological basis, with what quality characteristics, at what costs, with what level of competitiveness. Therefore, it is very important to know what is the relationship in the market between demand and supply of the product that the entrepreneur is going to offer (in any field of activity - production, trade intermediary, financial credit) on the market, and not in the market in general, but in a certain territorial market . If the demand is large and stable, then it makes sense to create your own business and produce these goods.
A future entrepreneur, planning to create his own business, must be guided by the most important market principles, among which the following can be distinguished.
First, you need to find a need and satisfy it, since entrepreneurial activity is aimed at satisfying the needs of others.
Secondly, goods should be produced at lower costs (cost), otherwise the market may not recognize these goods, and the entrepreneur will not be able to realize (sell) them and receive the planned profit.
Thirdly, an entrepreneur, when setting the price for manufactured goods, must take into account the behavior of competitors, consumer purchasing demand, and the level of market saturation. The problem of pricing plays a significant role in the mechanism for creating and operating your own business, the general algorithm of which can be expressed by the following brief diagram: entrepreneurial idea -> goals of the entrepreneur -> development of an entrepreneurial project -> its implementation in the form of creating your own business -> functioning of the organization (the first stage of life cycle).
You can complain every day about the unstable economic situation. You can wait until the crisis is over. Or you can just create. Online. No one will dare raise rents; there is no need to be afraid of a currency jump. But what is the point of doing business on the Internet? We decided to find out more from an expert in this field, the founder of the Knigogo portal and a business camp graduate Made in Ukraine by Sergei Fomin.
Knigogo – an online library where e-books of various formats are presented, fragments of audiobooks, a selection of stores for profitable purchases of literature.
Sergey Fomin, founder of Knigogo, graduate of Startup Ukraine
We have been planning this project for a very long time. It was created based on our first student project and online library. I came to Startup Ukraine with plans to do something cooler with the knowledge that I had about promoting on the Internet.
When I went to a business camp and talked with entrepreneurs, they supported the idea of the project. This inspired me. I started doing it. I studied many foreign competitors, studied their structure and functionality. Afterwards, we sat down with the team and created the backbone - the design of the project as we see it. For a week, we sat with pieces of paper for days, drew the structure of the site, and came up with the main functionality. Next, we met with programmers who develop websites and began to create the Knigogo project step by step. Additionally, we really put a lot of effort into automating it internally. We wanted to make content posting almost automatic - this would speed up the growth of the project, reduce the number of employees and the likelihood of mechanical errors. This is how we created the project framework.
Online business is an area of darkness. When thinking about creating your own platform, a lot of questions arise. Let’s look step by step at how an online business begins.
Analysis of Ukrainian and foreign markets
In Ukraine, online resources have outdated design and navigation, so targeting foreign markets can play a decisive role. Trends in product design, branding and identity come from Western markets, so it is important to constantly monitor new trends in order to be leaders. At the same time, we must not forget about the specific features of the Ukrainian market: you need to understand what the audience is ready for, what is worth trying, and what will never become a trend. Sergey says that to start the Knigogo project, he researched the market quite deeply,
I analyzed the Ukrainian market and realized that it is not occupied. The sale of e-books in Ukraine is practically undeveloped. There are plans to develop this business. My experience shows that somewhere around 65% of people who love to read are willing to buy e-books. Statistics show that the number of consumers who buy this format of books is growing. Copyright is becoming an increasingly protected area, so resources that try to distribute books for free are being infringed upon. Therefore, it is important for the project to popularize the culture of purchasing books. Moreover, they are quite cheap.
Before releasing a product to the market, whether online or offline, you need to make sure that there will be long-term demand for the product.
Capital
It is common to think that online business requires less attention and investment. This is wrong. Creating a high-quality Internet resource is a labor-intensive and costly process, which will work for you in the future.
It cost me 5 years of my life - 5 years of experience. I tested different technologies for promoting online libraries, different website design options, different functionality to arrive at what I have created now. If we talk about money, the initial capital was about 200 thousand hryvnia. This is only the development of the site framework itself. The same amount will need to be invested in developing the functionality of personal pages for each user, the so-called mini social network for book readers.
Since the niche is competitive on the Internet and social networks, I think it will take six months to a year to reach a minimum profit.
How does a business make money?
Uniqueness of the resource
There are an abundance of sites on the Internet. Resources in one direction are similar to each other, so there is no point in entering a crowded segment. Only if you give the consumer some kind of “bun” or create a stylish website with the most convenient navigation.
The uniqueness and idea of the project was to make it very simple and understandable. So that you can do everything on it: from reading book reviews and biographies of writers, to taking notes on the book and saving quotes in your account. We are now developing personal pages for each user, with the ability to write down your notes, book reviews, add quotes, create lists of books to read and communicate with other readers. We also want to collect and write detailed reviews of ALL books in our library, and not just annotations, as is done on almost all competing sites. There are plans to collect the largest database of literature reviews.
Design
Pictures sell, so visual content is very important. Take photos yourself, hire a good graphic designer so that your visual is distinguished by quality and uniqueness.
For online resources, such a concept as UX/UI design is important. Its goal is to create a selling look for the page where the product is located. For example, where is it better to place product information and the “Buy” button, under the photo or on the right? Or maybe it would be better to add a video review of the product and place a purchase button in the video. This problem is solved by a UX/UI designer. He must come up with solutions that will influence sales.
Format
The resource can be transformed into a marketplace. Popular sites such as Prom.ua, Rozetka.ua, Lamoda.ua, Modnakasta.ua, Shafa operate according to this principle. Marketplace is an electronic market, the advantage of which is the placement of a huge number of positions and the opportunity to collaborate with other brands.
There are three parties to such a business model: you, as the company implementing the project, the supplier of goods and the buyer. The two main signs of a successful marketplace are brevity, an intuitive interface, and the availability of the product offered.
Promotion
Ideally, get organic traffic when you don’t pay for advertising and the user returns to your resource himself.
First, you need to do technical optimization on the resource, that is:
- It is ideal to study the help of search engines. There are ready-made solutions on the Internet.
- Check the site for common errors.
- Match people's requests. That is, you must find out how consumers search for the product they are interested in on your topic.
- Check whether the request actually meets people's expectations.
Briefly, it looks like this: analyze requests - create a site structure for them - optimize internal pages by adding keywords to the necessary tags (in the title and description) - launch the project and monitor the results.
Promotion is a must do in any business. But each project is unique due to its product, target audience and other aspects that affect the methods of promotion.
The more goods you want to sell through your website, the more resources (money and time) you need to use. As soon as sales begin to grow, it will be necessary to hire a sales manager, a marketer who will provide new directions for promoting the product. You can always use affiliate marketing. Then it will be possible to use each other’s assets and ultimately receive common benefit.
Team
I have no partners, there is only me and my team. These are my assistants, SEO optimizers and copywriters. There are about 10 of us in total. The number of employees most often depends on the ability to invest in the further development of the project. There are a lot of book reviews and texts needed. Unique reviews from people who read are one of our biggest advantages over others.
Long term goals
We will work to ensure that the Knigogo resource becomes one of the leaders in the CIS market. We plan to create our own social network for those who like to read books, in which users will share selections and reviews. We want to create three projects in three languages: Ukrainian, Russian and English.
Difficulties
When we just started making project preparations, we did not see the overall result. But as soon as we started developing the site, we encountered problems that some ideas could not be implemented. Then we had to redo some things and improve the functionality. There was also a question of time: I thought that the implementation of the project would take from 2 to 5 months, but it turned out that the development dragged on for a whole year.
At the business camp Made in Ukraine from Startup Ukraine I received knowledge that I lacked before or I simply did not pay due attention to it. For example, on systematization and automation of business, on managing people and on developing the product itself (how to improve it, how to better show it, what needs to be done for this). I began to ask myself more questions about the product and began to work through it more thoroughly. I worked with the team, fired those who simply could not meet current standards or simply did not want to grow with us. As a result, this knowledge greatly influenced the current product and what I have now.
15Jul
Why I decided to write this article
Because many who ask me questions ask something that at first you shouldn’t even bother about. There are even questions that a person may never face at all. In general, “Woe from Wit” occurs in the minds of many novice entrepreneurs, and we will “eliminate” this grief in this article. At least I'll try my best. Now let’s talk about mistakes, and then I’ll give you a step-by-step plan as I see it.
Some errors and their solutions
1. Break-even point not calculated
Many people start a business without even calculating how much they need to sell in what period in order to break even. This is important because many business models are cut off at this stage.
Calculating the break-even point is simple. You calculate how many expenses you incur per month and then calculate how much you need to sell goods or provide services per month to recoup these expenses. If the figure is too large and seems unrealistic to you, then it is better not to take on such a business. If you think that you can sell the right amount of goods to cover expenses or start covering expenses in a few months, then you can think about this business further.
Conclusion 1: Until you have a complete financial picture of the business in your head, you cannot borrow money or even use your savings.
2. Everything must be perfect
When starting your business, you want everything to be correct and beautiful: the most modern equipment is purchased, the most functional website is created, the office is renovated, etc.
Striving for better is useful, but there is one “BUT” - before spending money, check the functionality of your business model. When planning to make an expensive website design, first make sure that your services or products are in demand at all.
Or, if you are opening a cafe, before making expensive renovations, try to start selling in the premises you have with minimal investment. If sales continue and the location in a given area of the city generates at least some profit, then you can expand or do some major renovations.
Conclusion 2: Don't invest significant amounts of money until you are sure that people need the product itself. And there is no need to bring everything to perfection, thereby delaying the start. Start with what you have and gradually develop and improve.
3. Lack of understanding of your future business or simply no love
I personally think that a business should at least be liked. For example, I love every business project I have, and if I didn’t love them, they wouldn’t be profitable.
Some aspiring entrepreneurs write to me with questions like “What to sell”, “What services are profitable to provide”, “What business is profitable to start”, etc. I answer everyone: “Open your own bank.” And no one likes my answer, although it answers all these questions. Every entrepreneur has a different life situation, different interests and different knowledge. If one likes to sell toys, and the other likes to sell men's suits, then they will not be able to switch businesses and be as successful. This is because they don’t understand the model itself and simply don’t feel interested.
Conclusion 3: You can't build a business on an idea just because you just know it's profitable and have no interest in it. Business needs to be understood, loved and “in the know.” For example, I would not be able to open a massage parlor and lead the business to success. Not because I don’t have enough money, but because I don’t know anything about this business.
Where to start your business - 10 steps from scratch
To begin with, I want to say that below I will give 2 plans on how to start your business: complete and simplified. Let's start with the complete one.
Step 1. Business idea
Of course, to start a business, you need to know what exactly to start. I have always said, I say and will continue to say that an entrepreneur must have an idea. If you can’t even come up with an idea, then what kind of business are we talking about? You don't have to be an innovator and come up with something unimaginable. You can take an already working idea, look around, find shortcomings in it, or simply improve it the way YOU see it, and it will be a different business. It is easier to enter an established market than to form it yourself. And the idea doesn’t have to be global; you can start a micro-business or.
In order to come up with or find a business idea, read the following articles and after reading you will 100% decide on the idea:
After reading the articles and coming up with ideas, you can move on to the next step.
Step 2. Market analysis
After choosing a business idea, you need to analyze the market, find out whether people need your product at all. Assess the competition, identify the positive and negative sides of competitors, find in yourself what will distinguish you from your competitors. Compare prices, quality of service, assortment (if this is a commodity business) and look as much as possible for what you can be better at. It is necessary. Why? Read!
Once you have assessed supply and demand and realized that you can compete with existing companies, you can move on.
Step 3. Business planning
Step 5. Register your business
This step cannot be skipped because the business must be registered. You can use LLC or individual entrepreneur. It all depends on your activity. The following articles will help you with this:
Once your business is registered, you can move on to the next step.
Step 6. Taxes and reporting
I indicated this step right away, because you must initially decide which tax system you will work under. This must be done immediately, because the amount of taxes and methods of payment depend on this. To do this, read the following articles:
And also read other articles in the section, because there you will always find up-to-date and complete information about maintaining tax and accounting records. You can also ask your question and get an answer from a specialist.
Step 7: Quickly test your idea
Some will say that you can test without registering a business. And you're right! This is possible, but it was not for nothing that I wrote at the very beginning that there will be 2 options for the development of events and in the second I will talk about it. Now let's move on to the testing itself.
What you initially need is quick testing - “testing in combat”. Use your own money to test the idea, give minimal advertising, make the smallest possible product and try to sell it. Study the demand in practice, so to speak. You have to look at your plan, evaluate what you minimally need to get started, and start right away. Why is this being done? At the very beginning, I wrote about one of the mistakes of beginning entrepreneurs, which is delaying the start, constant improvements, etc. There is no need to bring it to perfection, you need to start as quickly as possible in order to test the idea in action, get the first sales and be inspired to continue development.
If the start does not give the first sales, then you need to reconsider the plan, idea and look for mistakes. A quick start is also done so that in case of failure you will spend less time, effort and money. Would you agree that it would be more annoying to prepare for a year and then fail? It’s less offensive to realize your mistakes right away, while you still have little time to do. This way you can make adjustments along the way and everything will start to work out!
To test your idea and your business, it can help you. It is more for testing an idea on the Internet, but it is also suitable for the real sector (offline).
Step 8. Business development
After the tests have been carried out, the plan has been adjusted and sales have slowly begun, you can develop your business and refine everything that you wrote in the plan to perfection. Now you can improve the site, increase warehouses or offices, expand staff, etc. When your idea and business model have shown their effectiveness, it is easier for you to set more global goals. Moreover, you have already received the first money from your first orders or sales and can reinvest it in development.
If there is not enough money, then you can already resort to loans and borrowings, because the business brings in money and you can borrow for its development with a clear conscience. If you don’t need a lot of money, then even a credit card may be suitable. In I told you how you can use credit card money for your business without interest.
Step 9. Active promotion
This step could be classified as development, but I took it separately. Once you have wider warehouses, more powerful equipment and website, more employees, etc., you need to provide all this with work. This requires aggressive advertising to the maximum. You should take advantage of many advertising opportunities. Look for clients on the Internet, do offline advertising, engage in direct sales, etc. The more advertising tools you use, the better the result. But be sure to record the results and weed out ineffective advertising tools so as not to waste your budgets.
Step 10: Scaling
Your business is working well, bringing in money, you are constantly developing, everything is great! But there are also related directions or neighboring cities. If your business model is successful in your city, then you can open representative offices in other cities. If there is no desire or opportunity to go to neighboring cities, then you can simply capture an adjacent direction, if there is one at all.
For example, if you sell household appliances, you can simultaneously open a repair service and provide paid repair services. If your client’s equipment cannot be repaired, you can always offer him to buy something from your store in exchange. In general, look at your business and I am sure that you will find something to latch on to.
What else can you pay attention to?
When starting a business, there are several parameters that allow you to evaluate how effective your business is at the start; take them seriously:
If your business's net income is above zero, excluding equipment costs and taxes, then your business will survive because it generates some money. If it is below zero, it means your business is burning money and will not have enough loans and investments;
If you have planned sales for 200,000, but sell for 50,000, then this is a reason to seriously adjust your work and, possibly, the plan itself;
You should be comfortable. Business is hard. If you are also constantly having a hard time, then coping with business tasks will be difficult. Give yourself enough comfort that you don't feel left out by running your own business.
How to start and open your own business using a simplified scheme
As promised, I’ll give you a simplified diagram of how to start your own business. Because I have already described all the points above, so I will refer to them here so as not to repeat myself.
I myself have used this scheme more than once, because before I launched very small projects in which a lot could be missed. So the diagram looks like this:
- Idea (it should always be there);
- Easy planning, you don’t have to write it down, but put the main points on a piece of notebook. This is done in order to draw a model;
- A quick test of an idea. Perhaps even without investing and finding money. Or you will need very little money and it will simply be in your savings;
- Development and active promotion. After the first orders are received, you can begin active promotion and bring everything to fruition;
- Business registration and scaling.
As you can see, I left out registration at the very end, because some business projects can be implemented without registration, because during the test you don’t get so much money that you have to immediately run to report to the tax office for it. But if the business model has shown its efficiency and after active promotion the profits are growing, then the registration should be instant.
But even in the first stages you cannot do without registration if you need retail space, an office or work with companies under contracts, because for this you need at least an individual entrepreneur.
Conclusion
In this article, I told you where to start your business, talked about the mistakes that beginners often make and that I made, and now you know what you need to do before starting your business. Read my website, subscribe to it, and try to start doing your own thing. We will not leave anyone on the site without help. Thank you for your attention!
Best regards, Schmidt Nikolay
To make it easier to study the material, we divide the article into topics:
The future entrepreneur must be competent in the field of activity in which he intends to create his own business. According to American statistics, about 90% of new businesses are opened by people in the field of activity in which they already have work experience, or have undergone special training and internship, or have managed to attract highly qualified specialists to whom they entrust their destiny to create their own business.
To choose a career in business, you need to conduct a clear analysis of your qualities, abilities and capabilities so that, without giving up the dream of creating your own business, clarify your weaknesses (especially in the field of people management) and constantly learn the art of being the owner of a business, being able to take reasonable risks, anticipate failures and try to avoid them. Therefore, an entrepreneur must be able to well calculate the expected consequences of risk, maintain business secrets, and have all the information about the activities of his own enterprise, product consumers, clients, suppliers, and competitors in particular. Considering that a positive business environment has not yet been created in Russia, there is a huge bureaucratic layer of officials, and an aggressive external environment, the future entrepreneur needs to be able to anticipate the decisions of federal and local authorities, which often infringe on the rights of entrepreneurs, learn to protect not only their property and everything assets from attacks by aggressive forces, but also your life.
The future Russian entrepreneur must certainly remember the most important rule: in organizing his business (business), he must rely on his own strength, because he only enjoys certain support from the authorities.
Some principles for starting your own business
Having decided to start his own business, the future entrepreneur must answer a number of key questions:
Who will his company work for, who are his future consumers (buyers), is there a place for him under the “sun of the market”. Therefore, the process of making an entrepreneurial decision should begin with the formulation of an idea - for whom to produce products, goods, perform work, to whom to provide services (depending on the type and type of market);
What to produce, what specific goods, what specific services to perform, and then determine whether he has all the conditions and factors for his activities. It should be remembered that entrepreneurs have the right to engage only in legal and/or licensed activities;
How to produce products (goods), perform work, provide services, on what technical and technological basis, with what quality characteristics, at what costs, with what level of competitiveness. Therefore, it is very important to know what is the relationship in the market between demand and supply of the product that the entrepreneur is going to offer (in any field of activity - production, trade-intermediary, financial-credit) on the market, and not on the market in general, but on a certain territorial market . If the demand is large and stable, then it makes sense to create your own business and produce these goods.
A future entrepreneur, planning to create his own business, must be guided by the most important market principles, among which are the following:
Firstly, you need find a need and satisfy it, since entrepreneurial activity is aimed at satisfying other people's needs. An entrepreneur does not work for himself, but to satisfy specific needs, and accordingly receives profit (income).
Secondly, goods should be produced at lower costs(cost), otherwise the market may not recognize these goods, and the entrepreneur will not be able to realize (sell) them and receive the planned profit.
Thirdly, the entrepreneur When setting the price for manufactured goods, he must take into account the behavior of competitors, consumer demand, and the level of market saturation. An inflated wholesale (retail) price will not allow you to sell goods in a timely manner, while an underestimated one will not allow you to receive the required amount of profit. The problem of pricing plays a significant role in the mechanism for creating and operating your own business, the general algorithm of which can be expressed in the following brief diagram: entrepreneurial idea - goals of the entrepreneur - development of an entrepreneurial project - its implementation in the form of creating your own business - functioning of the organization (the first stage of the life cycle).
Stages of creating your own business
Almost any entrepreneur, having conceived the idea of starting his own business, carries out the following stages of this difficult decision :
The emergence and justification of the idea of engaging in a certain type of entrepreneurial activity;
Setting immediate and long-term goals for the implementation of your entrepreneurial idea;
Formation of a specific decision to open a business in a certain organizational and legal form;
Selection of qualified and reliable co-founders of a new business;
Determination of financial sources necessary for conducting business activities at the first stage of the company’s functioning;
Development of the necessary (depending on the organizational and legal form) constituent documents;
Carrying out a set of organizational measures to create your own business: holding the first meeting of founders, choosing a company name, selecting qualified employees, making a seal, stamps, choosing a trademark, etc.
Development of a sound business plan;
State registration of the company in the prescribed manner;
Registration with the tax authority at the location of the company (place of residence of the individual entrepreneur);
Registration of your company with the authorized territorial bodies of the Pension Fund of the Russian Federation, the Compulsory Medical Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation and the State Employment Fund of the Russian Federation;
Opening settlement (current) and other accounts in any bank in accordance with the established procedure;
Conclusion of agreements (contracts) for the supply of raw materials, materials, components and others necessary for carrying out business activities;
Obtaining, in accordance with the law, permission (license) to carry out certain types of activities;
Conducting in-depth marketing, choosing ways to promote goods to the market, determining ways to sell products to consumers; determination of methods for setting prices for products or services;
Conclusion, purchase and sale of goods (services) with consumers;
Organization of accounting of income and expenses in accordance with regulatory documents of the Ministry of Finance of the Russian Federation and others.
Undoubtedly, all stages of creating your own business are extremely important, but the decisive one is the justification of entrepreneurial ideas, since it is at this stage that the economic interest (motives) of entrepreneurs in carrying out specific types of activities (specific goods, works, services, information, technologies, etc.) is revealed. , but the main thing is that the idea must be implemented into results that will be recognized by the market. The future entrepreneur should not proceed only from the idea “I can produce a product” or the idea: “Consumers need this product.” Is it needed? The idea should be based on a simple and most important market principle: find a need and satisfy it. First, the search for an unmet need, and then the organization of a process to satisfy it.
The idea materializes for the purposes of entrepreneurship: satisfying needs for systematically generating profit. At this stage of creating your own business, it is advisable to compare the possibilities of implementing the idea, which are formed for strategic and tactical purposes, mediated by quantitative calculations, a certain system of indicators of the functioning of the enterprise, as well as an assessment of all the conditions and opportunities of the entrepreneur.
An important stage in creating your own business is the stage of resolving issues about the financial capabilities of the entrepreneur, which are necessary when forming the authorized (share) capital, i.e. deciding where to get the resources necessary to create your own enterprise, and therefore to purchase raw materials, supplies, energy, fuel, hiring labor and other factors of production. Sources of funds can be one’s own savings, funds borrowed from relatives, friends, loans received from banks, from future consumers, or funds received from the issue and sale of securities, as well as assistance from government agencies involved in supporting entrepreneurship.
At this stage, the possibilities of purchasing or leasing real estate, obtaining the necessary information, using new technologies, etc. are determined. At this stage, specific goals are determined to create all the necessary conditions for the functioning of the company and making a profit. This stage is implemented through the development of drafts of individual sections of the business plan, which receives final formation (and expert assessment) at the completion of the stage of creating your own business.
But at the previous stages, the entrepreneur (together with his partners) must decide on the choice of the organizational and legal form of entrepreneurial activity (firm), based on the intended goals, financial and economic capabilities, experience, knowledge and other factors.
The choice of organizational and legal form of entrepreneurship is largely influenced by external factors: political stability (if it does not exist, the entrepreneur will not be interested in developing and implementing long-term projects), macroeconomic processes and structural economics, economic crises and inflation, government support and regulation of business activities, state
market and other factors that must be taken into account when creating your own business and choosing a subject of activity. The following are important for the success of the activity: location, presence of the company’s activities, favorable attitude towards entrepreneurs of local governments.
The speed of turnover of funds invested in creating your own business plays a large (if not decisive) role. As you know, the highest rate of cash turnover is observed in trade and intermediary entrepreneurship, and the lowest in manufacturing. Therefore, in Moscow, for example, up to 50% of small enterprises concentrate their activities in trade and in the public service sector.
An important role in the process of creating your own business is played by the development of the company’s constituent documents (depending on the organizational and legal form and the number of founders), which establish virtually the entire functioning mechanism of the company. When developing a charter and (or) constituent agreement, a future entrepreneur must be guided by the provisions of the Civil Code of the Russian Federation, the provisions of federal laws on certain organizational and legal forms of entrepreneurship and other regulations.
An important place in the organization of entrepreneurial activity, in the mechanism of creating one’s own business, is occupied by the search for entrepreneurial ideas and the formulation of goals.
The idea and goals of starting your own business
The first paragraphs of this chapter discuss individual elements of the mechanism for creating your own business. Having become familiar with them, the future entrepreneur can consciously take up the implementation of an entrepreneurial idea, which represents the economic (financial, material) interest of proactive, capable citizens for the implementation of hypothetically real projects that will allow them to achieve their intended goals by organizing a certain type of business.
An entrepreneurial idea is the potential opportunity and necessity of an individual’s own self-realization to solve their own goals by meeting the needs of others.
Entrepreneurial activity as a process begins with an idea, which, under certain conditions, is implemented into a specific entrepreneurial project, the essence of which should be based on the principle: find a need and satisfy it.
A very successful American entrepreneur M. Small formulates five rules for achieving a goal (idea):
1. Make a decision: I can make money. Nowadays in our country a person can become rich.
2. In order to earn money, you must think about it constantly - while eating, walking and even at night when you sleep.
3. There are many areas of activity in which you can achieve success. Seek and you will find them.
4. You will make mistakes. But don't be discouraged. Learn from your own and others' mistakes. Start again from where you stumbled. Go forward!
5. Once you settle on an idea, constantly think through it, develop it and don’t leave it until you reach the goal.
So, the idea is implemented for the purpose of organizing a certain type of business. As the famous Russian scientist-physiologist I.P. wrote. Pavlov, the life of a person who sets a goal and eternally strives for it is beautiful and amazing: “The goal reflex is the main form of the vital energy of each of us. Life is only beautiful and strong for those who strive throughout their lives for a constantly achieved, but never unattainable goal... All life, all its improvements, its entire culture is made by people striving for the goal they have set in life.”
Without a set immediate (tactical) and distant (strategic) goal, there is no point in thinking (although you can, of course, think) about setting sail on the sea called entrepreneurship, where reefs and storms (risks) await you, and the “ninth wave” may hit you. ().
It is impossible to engage in entrepreneurship without knowing a realistically achievable goal that would be clear to both subordinates and consumers of the results of your activities (goods, services). The goal must be clearly formulated by the entrepreneur himself, the head of the company, in order to convey it to all employees who translate your goal into concrete results of work. If you are both an entrepreneur and a manager, then you should take the formulation of your goal(s) with even greater responsibility.
“As a child, I came up with a personal credo that I usually repeated at night. Although I did not grow up in a religious family, it was reminiscent of prayer, an appeal to the mysterious spirit of life that can inspire and fill with energy. I asked you to give me strength so that I could help worthy people. I never asked for power or fame, although I had it in abundance. I hope I have never been greedy. If my main desire was to get rich, then I could become one of the richest in the world. However, I am not one of them. Throughout my life I have given away more of my wealth than I could count. Fortunately, I always had the ability to make money, and I had enough left over for others. The creed of my childhood has guided my actions all my life."
The author further points out that his goal was not to make money or get rich. “For me, business is not just a means of getting rich: accumulating wealth was not an end in itself for me. Business gave me pleasure because it is constantly stimulating, requiring daily concentration of all mental faculties to solve an infinite number of different problems, from the smallest details to fundamental decisions. Business gives me pleasure because it created America, and I would even say that it is the American way of life.”
When formulating the goal of an entrepreneurial company, it is necessary, in our opinion, to take into account foreign experience, and our domestic one, especially pre-revolutionary one.
When starting to create your own business, it is advisable to remember the following :
1. Only clear goals lead to the goal.(For example, it is impossible to formulate a goal: “The quality of our goods must be improved.” Which goods, how much to increase, by what means, etc. The quality can be increased, but it will increase sharply, so when selling goods you will not receive the necessary amount of profit for the development of the company ).
Therefore, the goal statement must contain: a) quantitative indicators that the company must achieve, but it is necessary to take into account the behavior of competitors, customers, market segment, market niches; b) the period within which the goal must be achieved (or stages); c) the results that the company and employees will receive; d) involvement of well-known executives; e) determining the costs of achieving this goal and the conditions for achieving the goal.
2. The closer the goal, the more it mobilizes, in other words, short-term goals contribute to internal mobilization to a greater extent than long-term goals, but the solution to the long-term goal must not be lost sight of.
What's better:
Bird in hand or pie in the sky?
Here the question is in managing an entrepreneurial company (as, indeed, in all areas, and in personal life): a dialectical combination of tactics and strategy.
But we need to remember a very important conclusion that many of us have come to in practice:
“Whoever undertakes everything will most often achieve nothing!”
Apparently, there must be a regularity in the role of doubt. Voltaire also wrote: “Doubt is the beginning of wisdom.” But it’s impossible to doubt for long: you’re surrounded by competitors on all sides, and you might be late. The locomotive of entrepreneurship does not like long and unjustified stops on the path of self-development. This is clearly evidenced by the entire history of world entrepreneurship.
3. The goal (or goals) of the company should be focused on the most important thing - your products must satisfy a need (needs) not satisfied by other products. If this need has already been satisfied, then it is necessary to generate demand for your products by other means (measures), i.e. create new demand, a new market.
This goal is the most important, the most important, determining one in an equilibrium market (acting in a scarce market, of course, is easier), but the goal is formalized - satisfying unsatisfied needs. You need to constantly be ready to practically answer the questions: “Is there a need for your products (works, services)? What products, in what economic form, are in demand? What is this demand today? What will tomorrow be like in the future?
In a free society, to which we strive, the highest goal of any business organization is to create market needs and satisfy the demand of buyers (consumers). But needs need to be ranked according to the degree of satisfaction, significance, profitability, etc.
4. Goals must be commensurate with the capabilities of the company, with its technical, intellectual, personnel, financial level and raw material capabilities.
5. The goal(s) must be specified in activities, and there must be an understanding of the goals and activities by other employees, i.e. they must be convinced of the feasibility of achieving this goal.
The more company employees have the opportunity to participate in choosing and setting a goal, the higher the result will be in its implementation.
The art of goal setting is the art of managing a company, it is the ability to control the progress and result of achieving a goal, it is the ability to properly motivate employees, etc. Therefore, the primary goal of an entrepreneur is to determine a set of goals, to select goals.
Therefore, in order to become an entrepreneur and start creating your own business, you need to know what the consumer (consumers) want, formulate a goal and strive to achieve it with lower costs (expenses). Constantly study what people want and look for opportunities to give them what they want!
The author of the book “How to Make Money” M. Small said this about the implementation of an entrepreneurial goal and luck: “People who believe that only luck will help them succeed in life usually say: “I must have capital, without money I can’t do anything.” I can not". Of course, to bring your idea to life, you need money (and not little, in our opinion). But if you know exactly what people need, then you have a greater chance of prosperity than those who can invest any amount.”
Wayne Dyer, author of “Your Failure Zones,” believes that “a thought (idea, goal) will turn into a belief if you constantly work on it, and not if you just tried the thought and, having failed in its implementation, then use your failure to give up.”
So, you have an entrepreneurial idea, you have clearly formulated your goals, now you can start creating your own business.
Organizing your own business, if you have the appropriate material, financial and other opportunities, can be carried out through the following forms: acquisition (purchase) of an enterprise (business), leasing the enterprise as a whole as a property set used for business activities, using the franchising method and establishing your own business in a certain organizational and legal form.
We will briefly talk about individual ways to create your own business.
Acquisition of an enterprise (business)
One of the forms of creating your own business is the acquisition of an enterprise (business), and then state registration of this business transaction. The owner of the enterprise being sold, under the agreement for the sale of the enterprise in accordance with the Civil Code of the Russian Federation, must transfer the ownership of the enterprise as a whole as a property complex to the buyer. An enterprise as a whole or part of it may be the object of purchase and sale, pledge, lease and other transactions related to the establishment, modification and termination of property rights.
The composition of an enterprise as a property complex used for carrying out business activities includes all types of property intended for this activity, including land plots, buildings, structures, equipment, inventory, raw materials, products, claims, debts, as well as the right to designations, individualizing the enterprise, its products, works and services (company name, trademarks, service marks), and others, unless otherwise provided by law or contract.
The right to a company name, trademark, service mark and other properties of individualization of the seller of an enterprise and its goods, works or services, as well as the rights to use such means of individualization belonging to him on the basis of a license are transferred to the buyer, unless otherwise provided by the contract for the sale of the enterprise, which is filled out V writing by drawing up one document signed by the parties.
Before signing a contract for the sale of an enterprise, the following documents must be drawn up and reviewed by the parties: an inventory act, an independent auditor’s opinion on the composition and value of the enterprise, as well as a list of all debts (liabilities) included in the enterprise, indicating creditors, nature, size and deadlines for fulfillment their requirements. All these documents must be attached to the contract for the sale of the enterprise.
The composition and cost of the enterprise being sold is determined in the agreement for the sale of the enterprise on the basis of a complete inventory of the enterprise, carried out in accordance with the established rules for such an inventory.
An agreement for the sale of an enterprise is subject to state registration and is considered concluded from the moment of such registration.
The sale of the enterprise to the buyer by the seller is carried out under a transfer deed, which indicates data on the composition of the enterprise and on the notification of creditors about the sale of the transferred property and a list of property, the obligations for the transfer of which are not excluded by the seller due to its loss. The enterprise is considered transferred to the buyer from the day the transfer deed is signed by both parties. From this moment on, the risk of accidental loss or accidental damage to the property transferred as part of the enterprise passes to the buyer.
The ownership of the enterprise comes to the buyer from the moment of state registration of this right. Unless otherwise provided by the agreement for the sale of an enterprise, ownership of the enterprise passes to the buyer and is subject to state registration immediately after the transfer of the enterprise to the buyer. From the moment of transfer of ownership of the enterprise, the buyer begins to independently carry out his business activities.
In accordance with the Federal Law “On Insolvency (Bankruptcy)”, in order to satisfy the claims of creditors, the external management plan may provide for the sale of the debtor’s enterprise (business). When selling an enterprise, all employment agreements (contracts) in force at the time of sale of the enterprise remain in force. In this case, the rights and responsibilities of the manager are transferred to the buyer of the enterprise. In the case where the main activity of the debtor enterprise is carried out only on the basis of a permit (license), the buyer of the enterprise acquires a preemptive right to obtain the said permit (license).
The sale of an enterprise is carried out through open bidding, unless otherwise provided by the external management plan, and an announcement about the sale of the enterprise must be published 30 days before the date of the bidding.
The announcement of the sale of an enterprise must contain the following information:
Information about the enterprise and the procedure for familiarization with it, deadlines for submitting applications for the acquisition of the enterprise, which cannot be valid for less than two weeks and more than one month from the date of publication of this announcement;
Time, place and form of bidding;
Procedure for registration of participation in the auction;
The initial price of the enterprise established by a committee of creditors or a meeting of creditors;
Amount, terms and procedure for making a deposit;
Criteria for identifying bid winners;
Procedure for registration of trading results;
Information about the organizer of goods.
The person who is the winner of the auction during the auction for the sale of the enterprise, and the organizer of the open auction on the day of the auction, sign a protocol that has the force of a contract for the sale of the enterprise. The ownership of the acquired enterprise is subject to state registration.
Enterprise rental
The form of organizing your own business is the lease of an enterprise under a lease agreement for the enterprise as a whole as a property complex used to carry out business activities. In accordance with the lease agreement of an enterprise, the lessor (owner of the enterprise) undertakes to provide the lessee for a fee for temporary possession and use of land, buildings, structures, equipment and other fixed assets included in the enterprise, transfer them in the manner, on the terms and within the limits determined agreement, reserves of raw materials, fuel, materials and other working capital, the right to use land, water and other natural resources, buildings, structures and equipment, other property rights associated with the enterprise, rights to designations that individualize the activities of the enterprise, and other non-exclusive rights , as well as assign to him rights, claims and transfer debts related to the enterprise to him.
The rights of the lessor, obtained by him on the basis of a permit (license) to engage in the relevant business activity, are not subject to transfer to the tenant, however, in accordance with the licensing law, the license right can be re-registered in the prescribed manner to the tenant.
The lease agreement for an enterprise is concluded in writing by drawing up one document signed by the parties. The lease agreement for an enterprise is subject to state registration and is considered concluded from the moment of such registration.
The transfer of the enterprise to the lessee is carried out under a transfer deed. Preparing the enterprise for transfer, including drawing up and submitting the transfer act for signing, is the responsibility of the lessor and is carried out at his expense, unless otherwise provided by the lease agreement.
The lease agreement for an enterprise is concluded for the period established by the agreement. If the lease term is not specified in the enterprise lease agreement, the enterprise lease agreement is considered to be concluded for an indefinite period. In the latter case, each of the parties has the right to cancel the contract at any time, notifying the other party three months in advance. The law or agreement may establish a different warning period for termination of a lease agreement for an enterprise concluded for an indefinite period.
Unless otherwise provided by the lease agreement of an enterprise, the tenant has the right, without the consent of the lessor, to sell, exchange, provide for temporary use or loan material assets that are part of the property of the leased enterprise, sublease them and transfer his rights and obligations under the lease agreement in relation to such assets to another person, provided that this does not reduce the value of the enterprise and does not violate other provisions of the enterprise lease agreement. Unless otherwise provided by the enterprise lease agreement, the tenant has the right, without the consent of the lessor, to make changes to the composition of the leased property complex, to carry out its reconstruction, expansion, technical re-equipment, which will increase its value. The lessee of an enterprise is obliged to maintain the enterprise in proper technical condition throughout the entire period of validity of the enterprise lease agreement, including carrying out routine and major repairs.
The tenant of an enterprise is obliged to promptly pay fees for the use of the enterprise as a property complex, the procedure, conditions and terms of payment of which are established by the lease agreement of the enterprise.
The rent can be set for the entire leased enterprise or separately for each of its components in the form :
Payments determined in a fixed amount, made periodically or at a time;
The established share of products, fruits or income received as a result of the use of the leased property complex;
Provision by the tenant of certain services and other types.
Upon termination of an enterprise lease agreement, the leased property complex must be returned to the lessor in accordance with the provisions of the enterprise lease agreement and the Civil Code of the Russian Federation.
Franchising is a form of business organization
Franchising is an agreement (contract) between large corporations and small firms or individual entrepreneurs, manufacturing or functional operating companies. The essence of franchising is a way of doing business in which the franchisor grants its partner (franchisee) the right to carry out a certain type of activity using its technology, license, know-how, and proprietary trademark. At the same time, the franchisee undertakes to comply with the prescribed standards and quality of projects. The franchisor advises the partner in choosing the area of trade and services, organizing a trade and distribution network, and conducting an advertising campaign.
Entrepreneurial activity organized using the franchising method is considered a progressive and dynamic form of business organization. There are three main types of franchising: product, manufacturing, and business. Commodity Franchising is a way of doing business in which the franchisee buys from a leading company the rights to sell goods with its trademark. Industrial Franchising is the transfer of technology to a partner for the production of products. This type of franchising abroad is most widely represented in the production of soft drinks. Business Franchising is the most popular method of franchising. In this case, the franchisor sells a license to individuals or other companies to open stores, kiosks, or entire groups of stores to sell a set of products and services to customers under its name.
The legal basis for the relationship between the franchisor and the franchisee is the franchise agreement. The subject of the agreement is the transfer of rights to use the trademark, licenses and methods of doing business available to the franchisor and positively proven in the market. The franchising agreement must include the following information: a complete description of the business; the territory in which the right to use a trademark, license, technology is granted; the duration of the contract and the conditions for its termination or extension; the amount of the down payment; terms and conditions of payment.
The specificity of the subject of the franchising agreement necessitates the transfer to the franchisee of not only the right itself in the form of a license, but also the practical ability to use them. In most cases, this requires the transfer of technical documentation, work instructions, supply of equipment and materials, training of franchisees in working methods and the subsequent provision of consulting services. All these issues must be reflected in the contract. If the program of practical assistance to franchisees is quite extensive, it can be moved from the main text of the agreement to an appendix.
An independent block of the contract is the obligations assumed by the franchisee. They are largely determined by the subject of the contract. The main obligation is the fee for using the license. Payment methods vary, but typically include a one-time entry fee, a license fee, and periodic subsequent royalty payments. Additional types of payment may be established, in particular for training services and advertising fees.
Due to the specifics of the subject of the agreement, it should also provide, among other conditions, for the franchisee’s obligations to preserve the reputation of the franchisor company. This involves strict adherence to the standards set by the franchisor; instructions for organizing production (business).
In addition, the agreement, as a rule, also provides for the activities of the franchisee on the part of the franchisor. It should be borne in mind that the specific content of a franchise agreement may vary quite significantly depending on the type of activity that is the subject of the agreement.
Franchising opens up wide opportunities for entrepreneurs. Using franchising, the franchisor has the opportunity to widely and quickly grow its business without resorting to loans. Franchising allows manufacturers to exercise greater control over the terms of sale of their products. On the other hand, franchising gives an entrepreneur the opportunity to start his own business, benefiting from the experience, knowledge and support of the franchisor.
State registration of an organization
State registration of citizens carrying out entrepreneurial activities without forming a legal entity, as individual entrepreneurs and commercial organizations, is carried out in accordance with the “Regulations on the registration of business entities”, approved by presidential decree RF. A firm (company) is considered created and acquires the status of a legal entity only after state registration.
For state registration, the following documents must be submitted to the registering authority at the location of the business organization:
Application for registration of a company, drawn up in any form and signed by all founders;
The decision to create an organization;
Constituent documents: constituent agreement, or constituent agreement and charter, or charter (depending on the legal form);
A document confirming payment of at least 50% of the amount of the established (share) capital of the organization specified in the decision to create a company or in the constituent documents, as of the date of state registration;
Document confirming payment of the registration fee;
A document confirming the consent of the relevant antimonopoly authority to create an organization if the size exceeds the value established by the antimonopoly legislation RF.
State registration is carried out within 3 days from the date of submissionnecessary documents or within 30 calendar days from the date of mailing indicated in the receipt for sending the constituent documents given above. During state registration of an organization, it is not allowed to require other documents confirming its location specified in the constituent documents.
Registration is carried out by assigning the organization the next number in the register of incoming documents by affixing a special inscription (stamp) with the name of the registration authority, number and date on the first page (title page) of the organization's charter, countersigned by the official responsible for registration.
State registration of an organization may be refused if the submitted documents do not comply with the law. Notification of refusal of state registration within 3 days from the date of submission of documents for registration is sent to the applicant (applicants) at the address indicated by him in writing, signed by the official responsible for registration, with the obligatory indication of all documents or information not submitted for registration .
If it is established that the information contained in the submitted documents is unreliable, a violation of the procedure for creating an organization, as well as non-compliance of the constituent documents with the legislation of the Russian Federation, the registering authority is obliged to notify the organization within one calendar month from the date of registration of the need to make appropriate additions and (or) changes to the constituent documents. The organization, within 7 calendar days from the date of receipt of the specified notification, is obliged to make appropriate additions and (or) changes to the constituent documents and submit them to the registration authority. If, within the established time frame, the organization does not provide information about making changes and (or) additions to the constituent documents, then the body registering the organization is obliged to file a claim to invalidate (in whole or in part) the organization’s documents.
Any interested person has the right, within 6 calendar months from the date of registration of the organization, to apply to a court (arbitration court) to invalidate the registration of the organization and (or) its constituent documents (in whole or in part). A court or arbitration court decision is the basis for canceling the state registration of an organization (individual entrepreneur). Cancellation is made within 7 calendar days from the date of receipt by the registration authority of the court decision. The registration authority is obliged to send a written notification of this fact to the organization (entrepreneur) within 3 days from the date of cancellation of state registration on the basis of a court decision.
The registering authority is obliged to inform the tax authority at the location of registration within 10 days about the registration of the organization for inclusion in the unified state register or about the cancellation of the state registration of the organization in order to exclude it from the unified state register upon termination of its activities.
Information on the inclusion of an organization in the state register and exclusion from the state register is subject to publication in the prescribed manner. The decision to refuse state registration can be appealed in court (arbitration court).
Registration with the tax authority
Bodies that register organizations are required to inform the tax authority at their location about registered (unregistered) or liquidated (reorganized) organizations within 10 days after registration (non-registration) or liquidation (of) the organization.
Within 10 days from the date of state registration, the organization must register with the tax authority at its location. The organization submits to the tax authority an application for registration in the form established by the Ministry of Taxes and Duties of the Russian Federation, simultaneously with the application provides in one copy copies certified in the prescribed manner: certificates of state registration, constituent and other documents required for state registration, other documents, confirming compliance with the legislation of the organization’s creation. The tax authority is obliged to register the organization within 5 days from the date it submits the necessary documents and, within the same period, issue an appropriate certificate, the form of which is established by the Ministry of Taxes and Duties of the Russian Federation. The tax authority assigns the organization a tax identification number, which the organization must indicate in all documents. The taxpayer organization is included in the Unified State Register of Taxpayers.
About changes in the charter and other constituent documents of the organization, including those related to the formation of new branches and representative offices, changes in location, as well as permission to engage in licensed types of activities, the organization is obliged to notify the tax authority with which it is registered within 10 days. day period from the moment of registration of changes in the constituent documents. Registration and deregistration are carried out by the tax authority free of charge.
An organization that includes separate divisions located on the territory of the Russian Federation, and also if it owns taxable real estate, is obliged to register as a taxpayer with the tax authority, both at its location and at the location of each its separate division and the location of its real estate and vehicles. When carrying out activities in the Russian Federation through a separate division, an application for registration of the organization at the location of the separate division is submitted within one month after the creation of the separate division.
An organization's application for registration at the location of taxable real estate or vehicles is submitted to the tax authority at the location of this property within 30 days from the date of its registration.
In the event of liquidation or reorganization of an organization, the organization making a decision to close its branch or other separate division, or termination of activities through a permanent representative office, deregistration is carried out by the tax authority upon the application of the taxpayer within 14 days from the date of filing such an application.
Violation by the taxpayer of the deadline for registration with the tax authority, evasion of registration will entail the collection of fines in the prescribed amount.
Within 10 days after the date of state registration, the organization must register with government agencies in the same manner as when registering with the tax authority. The application form for registration is developed by the bodies of state extra-budgetary funds in agreement with the Ministry of Taxes and Duties of the Russian Federation.
When an organization registers with the tax authority and the bodies of state extra-budgetary funds, it is issued a certificate and relevant registration certificates necessary for opening a current and other bank accounts. Taxpayers are required to notify the tax authority with which they are registered within 5 days after the date of opening or closing a bank account, otherwise a fine will be imposed.
Opening bank accounts
In accordance with the law, payments between legal entities, as well as between individual entrepreneurs, are made by bank transfer. Settlements between these persons are also made in cash, but in a limited amount (no more than 10 thousand rubles per day). Non-cash payments are carried out through banks and other credit organizations in which entrepreneurs open appropriate accounts.
Organizations, according to the current legislation of the Russian Federation, have the right to open one or more accounts both in one bank and in several banks, including for non-cash payments.
An organization can open the following accounts:
1) , which are intended to make current payments by order of the organization and credit receipts of funds to its address. Current accounts are used by organizations to credit sales of products (works, services), record their income from non-sales operations, amounts of loans received and other income, make settlements with suppliers, the budget for taxes and equivalent payments, with workers and employees for and other payments included in the consumption fund, with banks for loans received and interest on them, as well as for payments based on decisions of courts and other bodies that have the right to make decisions on the collection of funds from the accounts of legal entities in an indisputable manner (tax, customs authorities).
The number of current accounts opened by an organization is not limited by law. However, if an organization is arrears in payments to the budget, then it must choose at its discretion one account (the so-called arrears account) in which all amounts received by this organization in other banks should be accumulated.
To open a current account, permission from the tax authority is required, which is issued upon application from the organization upon registration, as well as from the authorities of the Pension Fund of the Russian Federation;
2) Current accounts are open to non-profit institutions and commercial organizations that are not legal entities, such as branches. The list of transactions on the current account is limited, and funds can be disposed of only in strict accordance with the approved budget. As a rule, cash is issued from the current account for the payment of wages and other types of remuneration, for travel expenses, as well as for purposes related to the economic activities of the branch. The current account regime should be determined based on the powers of the branch, defined in the regulations on it, and obligations to budgets and state extra-budgetary funds in accordance with current legislation. Current accounts are also opened for public organizations, charitable foundations and other organizations not directly involved in business activities;
3) Special accounts are used to store funds strictly for their intended purpose.
4) Currency accounts are intended for making payments in foreign currency. These accounts are opened in commercial banks licensed by the Central Bank of the Russian Federation to conduct foreign exchange transactions. Accounts can be opened in any of the freely convertible currencies, with a separate account for each type of currency.
In accordance with the currency legislation of the organization, a transit account is opened, into which foreign currency earnings are preliminarily credited. From this account, the organization must sell on the domestic market up to 75% of foreign exchange earnings at the rate of the Central Bank of the Russian Federation. The balance of foreign currency earnings from the transit account is credited to the organization’s foreign currency account.
To open a foreign currency account, the same documents are provided to the bank as for opening a current account; but if a foreign currency account is opened in the same bank in which the organization has a current account, one application for opening a foreign currency account is sufficient;
5) Budget account usually have organizations that receive funds from the budget, and provided that these funds have a strictly designated purpose;
6) Deposit account is opened to organizations making a deposit to the bank using temporarily available funds for a certain period at a certain percentage. The formation of funds in depository accounts of legal entities is carried out, as a rule, by transferring the corresponding amounts from their settlement (current) accounts;
7) Temporary current account organizations to carry out operations to credit the initial contributions of the organization’s founders to the authorized (share) capital and persons participating in the subscription to shares.
Business organizations have the right to open accounts in any bank at the place of their registration or in a bank outside the place of their registration with the consent of the latter. The set of accounts is determined by the organization itself, depending on the tasks it solves.
The procedure for opening accounts is not fundamentally different and boils down to submitting the following documents to the bank chosen by the organization:
Application for opening an account signed by the head and chief accountant of the organization. If there is no position of chief accountant on staff, the application can only be signed by the head of the organization;
Notarized copies of constituent documents;
Certificate of state registration of the organization;
A document confirming the organization's registration with the tax authority;
A document confirming registration with the Pension Fund of the Russian Federation;
Certificate of registration with state statistics bodies;
A notarized card with sample signatures of the organization’s leaders and an imprint of a seal approved by a notary or in accordance with the established procedure;
Certificate of permission to open an account issued by the tax authority and the Pension Fund of the Russian Federation.
The card with sample signatures is provided to the bank in two copies. The right of first signature belongs to the head of the organization for which the account is opened, as well as to officials authorized by the head. The right of the second signature is given to the chief accountant and authorized persons. The right of first signature cannot be granted to the chief accountant of the organization or other persons having the right of second signature.
If at least one signature on an account is replaced or added to (the bank), a new card with sample signatures is submitted. If the signatures of the head and chief accountant of the organization remain the same on the new card, then additional notarization is not required. In this case, the authorization signature of the bank's chief accountant is sufficient or his deputy after checking the signatures of the manager and chief accountant who signed the card with samples of their signatures on the card being replaced.
If there is a temporary acting manager or chief accountant of the organization, a new temporary card is presented only with a sample signature of the person temporarily acting, certified by a notary.
When a person is temporarily granted the right of first or second signature, as well as when one of the persons authorized to sign documents by the head or chief accountant of the organization is temporarily replaced, a new card is not drawn up, but an additional card is provided with a sample signature of the temporarily authorized person indicating its validity period, which signed by the head and chief accountant of the organization, sealed and does not require additional certification.
Licensing of entrepreneurs' activities
Licensingrepresents activities related to the issuance of licenses, re-issuance of documents confirming the availability of licenses, suspension and cancellation of licenses and supervision of licensing authorities over compliance by licensees when carrying out licensing activities with the relevant licensing requirements and conditions. License is a document issued by a licensing authority that provides permission (the right) to carry out a licensed type of activity subject to mandatory compliance with licensing requirements and conditions. A license is issued to a legal entity or individual entrepreneur, who are considered licensees.
In accordance with federal legislation, newly created business organizations and individual entrepreneurs are required to obtain a special permit-license to carry out certain types of activities. The organization carries out licensing of activities in accordance with Federal Law No. 158-FZ “On licensing of certain types of activities”, however, the new procedure for licensing certain types of activities does not apply to the licensing of specific types of activities, the licensing of which was established to come into force before the date of entry into force of this Federal laws and other federal laws; Therefore, when carrying out certain types of activities, it is necessary to be guided by the relevant legislative acts.
The basic principles of licensing are :
Protection of freedoms, rights, legitimate interests, morality or health of citizens, ensuring the defense of the country and security of the state;
Ensuring the unity of economic space on the territory of the Russian Federation;
Approval of a unified list of licensed types of activities and a unified licensing procedure on the territory of the Russian Federation;
Transparency and openness of licensing;
Compliance with the law when licensing. The Law establishes that licensed types of activities include types of activities, the implementation of which may entail damage to the rights, legitimate interests, morality and health of citizens, national defense and security, and regulation cannot be carried out by methods other than licensing.
A license is issued for each licensed type of activity. It is important that the type of activity for which a license has been obtained can only be carried out by a licensed legal entity or individual entrepreneur.
The validity period of the license is established by the regulations on licensing of a specific type of activity, but cannot be less than 3 years, however, federal laws and regulations on licensing of specific types of activities may provide for an indefinite validity of the license. A license is issued for a period of less than 3 years upon application of the license applicant. The validity period of a license may be extended at the request of the licensee, unless otherwise provided by the regulations on licensing a specific type of activity.
To obtain a license, its applicant (legal entity, individual entrepreneur) must submit the following documents to the relevant authority:
1) application for a license indicating:
A) the name and organizational and legal form of the legal entity, its location, the name of the bank and the current account number - for a legal entity;
B) last name, first name, patronymic, identification document details - for an individual entrepreneur;
c) the licensed type of activity that a legal entity or individual entrepreneur intends to carry out, and the period during which this type of activity will be carried out;
2) copies of constituent documents and a copy of the certificate of state registration of the licensee as a legal entity (the originals must be presented if the copy is not certified by a notary) - for legal entities;
3) a copy of the certificate of state registration of a citizen as an individual entrepreneur (with presentation of the original if the copy is not certified by a notary) - for individual entrepreneurs;
4) a certificate of registration of the licensee (legal entity, individual entrepreneur) with the tax authority;
5) a document confirming that the license applicant has paid a fee for the consideration by the licensing authority of the license applicant’s application.
All documents submitted to the relevant licensing authority for obtaining a license are accepted according to the inventory, a copy of which is sent (handed) to the applicant with a note on the date of acceptance of the documents by the specified authority.
In accordance with the Law, the licensing authority must make a decision on issuing a license or refusing it within a period not exceeding 30 days from the date of receipt of the application of the license applicant with all the necessary documents. Licensing provisions for specific species may establish shorter deadlines for issuing or refusing to issue a license. The licensing body is obliged to notify the license applicant about the decision made within 3 days after the said body makes the corresponding decision. Notification of the issuance of a license is sent (delivered) to the license applicant in writing, indicating the bank account details and the deadline for payment of the license fee. The issuance of a document confirming the availability of a license must be made within 3 days after the applicant submits a document confirming payment of the license fee.
A notice of refusal to issue a license is sent (handed) to the license applicant in writing, indicating the reasons for the refusal, which may be: the presence of unreliable or distorted information in the documents submitted by the license applicant; non-compliance of the license applicant with the licensing requirements and conditions. The license applicant, in accordance with the established procedure, has the right to appeal the decision of the licensing authority to refuse to issue a license, as well as to demand an independent examination, the procedure for conducting and paying for which is established in the regulations on licensing specific types of activities.
The maximum fee for consideration by the licensing authority of an application of a license applicant cannot exceed three times the minimum wage in force at the time of consideration of the application. Amounts of payment for consideration of applications of license applicants are sent to the appropriate budget.
Licensing authorities may monitor the licensee’s compliance with licensing requirements and conditions, and may suspend the license in the event of: licensing authorities, state supervisory and control bodies, and other bodies within their competence identifying violations by the licensee of licensing requirements and conditions that may lead to damage rights, legitimate interests, morality and health of citizens, as well as the defense of the country and state security; failure by the licensee to comply with decisions of licensing authorities obliging the licensee to eliminate identified violations.
A license may be revoked by a court decision based on an application from the licensing authority that issued the license or from a government agency in accordance with its competence.
The grounds for revocation of a license are:
Detection of inaccurate or distorted data in documents submitted to obtain a license;
Repeated or gross violation by the licensee of licensing requirements and conditions;
Illegality of the decision to issue a license.
If a legal entity is being transformed, its name or location is changing, the licensee - the legal entity or its legal successor - is required to submit an application for re-issuance of the document confirming the availability of the license, attaching the relevant documents confirming the specified information.
The amount of the license fee for issuing a license is established by the Government of the Russian Federation in the regulations on licensing specific types of activities. The maximum license fee for issuing a license should not exceed ten times the minimum wage established by federal law.
If the licensee has not paid the license fee within 3 months after the decision to issue a license, the censorship body that issued the license has the right to cancel the said license. The amounts of license fees for issuing licenses are included in the revenues of the relevant budgets. Carrying out a certain type of activity without a special permit (license) is one of the signs of recognizing such activity as illegal business.
Licensing of certain types of business activities is established not only by federal law, but also by government regulations RF. Article 17 of the Federal Law establishes a list of types of activities for which licenses are required, therefore entrepreneurs, when intending to carry out certain types of activities, must be guided by the provisions of this Law and other federal laws and regulations of the Government of the Russian Federation.
In the event of a transformation of a legal entity, a change in its name or location, the licensee - a legal entity or its legal successor - is obliged to immediately submit an application for re-issuance of a document confirming the availability of a license, attaching the relevant documents confirming the specified information. In the event of a change in the name or place of residence of an individual entrepreneur, the licensee - an individual entrepreneur - is obliged to immediately submit an application for re-issuance of a document confirming the existence of a license, attaching relevant documents confirming the specified information.
In the case of reissuance of a document confirming the presence of a license, a fee is charged for issuing the specified document and making changes to it, the amount of which is established by the Government of the Russian Federation and cannot exceed one tenth of the minimum wage. The amounts of the specified fee are credited to the appropriate budgets.
Development and registration of a trademark and service mark
In the mechanism for creating and operating your own organization (firm, company), important elements are the development, registration and use of a trademark and service mark, which represent designations that can distinguish, respectively, the goods and services of some legal entities and individuals from homogeneous goods and services of other legal entities and individuals persons A trademark can be registered in the name of a legal entity, as well as an individual carrying out business activities as an individual entrepreneur. The right to a trademark is protected by law. The owner of a trademark has the exclusive right to use and dispose of the trademark, as well as to prohibit its use by others. In accordance with the Law of the Russian Federation “On Trademarks, Service Marks and Appellations of Origin of Goods,” no one can use a trademark without the permission of the owner. A violation of the rights of the owner of a trademark is recognized as the unauthorized manufacture, use, import, offer for sale, sale, other introduction into economic circulation or storage for this purpose of a trademark or a product designated by this sign, or a designation confusingly similar to it in relation to homogeneous ones. goods. Criminal liability has been established for the unlawful use of a trademark.
Verbal, figurative, dimensional and other designations or combinations thereof can be registered as a trademark. A trademark can be registered in any color or color combination.
An application for registration of a trademark is submitted by a legal entity or an individual to the Patent Office of the Russian Federation, including through a patent attorney registered with the Patent Office. The application relates to one trademark and must contain: an application for registration of the designation as a trademark indicating the applicant, his location or place of residence; claimed designation and its description; a list of goods for which registration of a trademark is sought, grouped by classes of the International Classification of Goods and Services for the registration of marks. The application must be accompanied by a document confirming payment of the fee in the prescribed amount; statute of a collective mark, if the application is submitted for a collective mark.
Before making a decision on registration, the Patent Office carries out an examination of the application, which includes a preliminary examination and examination of the applied designation. A preliminary examination of an application is carried out within a month from the date of its receipt by the Patent Office. During this period, the content of the application, the availability of necessary documents, and their compliance with established requirements are checked, and the applicant must notify that the priority of the trademark has been established.
In accordance with Art. 6 of the Patent Law of the Russian Federation, registration of trademarks is not allowed:
Consisting only of notations;
Lack of explanatory ability;
Representing an image of the state emblem, as well as flags and emblems, official names, etc.;
Those that have come into general use as a designation for goods of a certain type;
Being generally accepted symbols and terms;
Indicating the type, quality, quantity, properties, purpose, value of goods, as well as the place and time of their production or sale.
Registration as a trademark or their elements of designations that are false or capable of misleading the consumer regarding the product or its manufacturer is not permitted; contrary to public interests, principles of humanity and morality. Designations that are identical or similar to the point of confusion cannot be registered as a trademark: with trademarks previously registered or applied for registration in the Russian Federation in the name of another person in relation to similar goods; from trademarks of other persons protected without registration by virtue of international treaties of the Russian Federation; with certification marks registered in accordance with the established procedure.
Designations that reproduce: well-known brand names (or part thereof) in the territory of the Russian Federation, owned by other persons who received the right to these names earlier than the date of receipt of an application for a trademark in relation to similar goods, are not registered as a trademark; industrial designs, the rights to which in the Russian Federation belong to other persons; names of works of science, literature and art known in the Russian Federation, characters from them or quotes. Works of art or fragments thereof without the consent of the copyright owner or his successors; surnames, first names, pseudonyms and derivatives from them, portraits and facsimiles of famous persons without the consent of these persons, their heirs, respectively the competent authority or the Federal Assembly of the Russian Federation.
Based on the decision to register a trademark, the Patent Office, within a month from the date of receipt of the document on payment of the established fee, registers the trademark and enters it into the State Register of Trademarks and Service Marks, and the issuance of a certificate for the trademark is carried out by the Patent Office of the Russian Federation within 3 months from date of registration of the trademark in the Register. Registration of a trademark is valid for 10 years, counting from the date of receipt of the application by the Patent Office of the Russian Federation, however, the validity period of registration of a trademark can be extended at the request of the owner, submitted during the last year of its validity, each time for 10 years.
Owners of a trademark can register it in foreign countries or register it internationally by filing an application with the Patent Office RF.
A trademark can be assigned by its owner under an agreement to a legal entity or individual, and the right to use the trademark can also be transferred to another person on the basis of a license agreement. The trademark assignment agreement and the license agreement must be registered with the Patent Office RF, otherwise they are considered invalid.
A person who illegally uses a registered trademark, at the request of its owner or prosecutor, is obliged to stop using it and compensate the victim for the losses caused; publish a court decision in order to restore the business reputation of the victim; remove from the product or its packaging an illegally used trademark or designation confusingly similar to it, or destroy manufactured images of the trademark or designation confusingly similar to it.
In accordance with Art. 180 Criminal Code RF illegal use of the desired trademark, service mark, name of place of origin of goods or similar designations for homogeneous goods, if this act was committed repeatedly or caused large-scale damage, is punishable by a fine in the amount of 200 to 400 times the minimum wage or in the amount of wages or other income of the convicted person for a period of 2 to 4 months, or compulsory work for a period of 180 to 240 hours, or correctional labor for a period of up to 2 years.
A trademark is one of the components of an organization (enterprise), an individual entrepreneur.
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