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Excerpt egrip online. Unified State Register of Legal Entities

Stable and regular employment in one or another business that generates income belongs to the field of entrepreneurship. This area is strictly regulated government documents, legislative acts and by-laws from the field of administrative, tax, criminal law.

Definition of entrepreneurial activity

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The most complete and exhaustive definition is the wording offered by Article 2 of the Civil Code of Russia. In this case, it is the receipt of income through the use of one's own skills, abilities and initiative.

Legislative documents not only form the definition itself, but also describe the main features that are characteristic of entrepreneurship.

The letter of the Ministry of Finance No. 03-05-01-05/3 dated January 14, 2005 stipulates the following implementation of its own initiative:

Measures for the manufacture or acquisition of property, with the aim of subsequent profit-making from all types of its use and subsequent sale.
Implementation of economic accounting of operations that are associated with the conduct of transactions.
Logical and financial interconnection of the total volume of completed transactions for the reporting period.
The presence of strictly fixed stable relations between the seller, the buyer and other counterparties, that is, a developed stable commercial network.
Mandatory presence of entrepreneurial risk, which consists in the probable occurrence of events, the result of which is the impossibility of further work.

The presence of all these moments confirms the engagement in entrepreneurial activity, which requires registration in accordance with the norms of the law.

Doing business illegally entails serious liability that you need to be aware of.

Types of liability for illegal activities

Civil Law

The main document of the state is the Constitution, which regulates the rights and obligations of every citizen. That is, occupations are stipulated for free receipt of income on the basis of the application of abilities and own property for entrepreneurial and any other economic activity that does not contradict the letter of the law.

The domestic structure of building relationships in the business sector is distinguished by the fact that its main positions are regulated Civil Code. Article 2 of the Civil Code describes exactly what is exclusively civil positions a circle of relations is formed between subjects that have financial relationships occurring in the economic space.

Domestic jurists clarify the positions of civil and legal authorities in the implementation of civil and legal liability for the implementation of illegal business activities. At the same time, responsibility lies in the plane of civil law norms that regulate a self-sufficient system of social relations.

The responsibility of a citizen in this offense must be considered a derivative of the totality between administrative or criminal. This precedent arises as a result of the private appeal of the affected persons to the courts.

Administrative

admin. The Code of the Russian Federation in paragraph 1 of Article 14 defines the positions in which liability arises for illegal conduct of business.

The most important are the following points:

Doing business that is not legally registered, legal or individual subject to a fine of 500 to 2000 rubles.
Illegal licensed activity without a permit. Fine 2000 - 2500 rubles. and confiscation of products, goods, raw materials for individuals. Officials are subject to a fine of 4000 - 5000 rubles. with confiscation, legal entities are fined in the range of 40,000 - 50,000 rubles. with the subsequent arrest of products, goods, raw materials.
Violation of the conditions stipulated by the license, from 1500 - 2000 rubles, 3000 - 4000 rubles, 30000 - 40000 rubles. respectively.
Gross business violations, operations with a specific licensed type of activity provided for by a special license. Fines range from 4,000 to 50,000 rubles or suspension of work for 90 days.

tax

Tax penalties are allowed to apply exclusively to the courts.

This type of penalty is determined and regulated by domestic legislation. The tax code assumes responsibility in the form of fines and more serious penalties, which is regulated by Art. 122. Delays in paying taxes are fraught with penalties and fines in the amount of 20% of the amounts assessed.

P. 1.2 Art. 116 of the Tax Code provide for such violations:

Deadlines for filing an application for tax registration have not been met. In this case, the entrepreneur worked until the moment of registration, but before the check, the person registered. Subject to a fine of 10,000 rubles.
There is no work outside registration and during the verification period. Subject to a fine of 10% of total income, not less than 40,000 rubles.

Criminal

Criminal liability is provided for in Article 171 of the Criminal Code of the Russian Federation.

Here, the exact regulations and scope of responsibility are spelled out, under which citizens who receive income without proper registration fall:

entrepreneurial activity without registration;
breaking the rules state registration;
submission to the state registration authorities of documents from legal entities and individuals with deliberately false information;
business activities of a licensed order without such special permission;
violation of licensing requirements under the conditions that the act caused major damage to citizens, organizations or the state;
activity, the result of which was income on a large and especially large scale;

Criminally, this is punishable as follows - imposing a fine of up to 300,000 rubles, or compulsory works for a period of 180 to 240 hours, or an arrest of 4 months. up to half a year.

Under aggravating circumstances, such as the formation of organized groups with the extraction of high incomes, it is subject to penalties from 100,000 to 500,000 rubles. or imprisonment up to 5 years.

General jurisprudence

Nowadays, very often judicial practice there are precedents when acts that are absolutely not such are subjected to criminal or tax prosecution. A banal situation is when a person has a dacha or a personal plot and is engaged in the cultivation of agricultural products for his own consumption.

He sells the resulting surplus on the market or to neighbors, and certain competent authorities regard this as unauthorized business. In judicial practice, lawyers use the Decree of the Plenum of the Supreme Court of the Russian Federation of November 18, 2004, No. 23.

Here are the conditions for registration, violations, maintenance economic activity and other nuances:

According to the explanations of the PVS, the main thing in deciding how legally a person receives income is the initial goal, that is, signs of regularity and its focus on generating income.
In addition, the courts often consider activities without a license, production of products without special documents, and in the manufacture of pharmacological agents - a danger to the life and health of buyers.
A special category of court cases is the employment of civil servants and other persons who, on duty, are prohibited from engaging in banking, advocacy or insurance activities.

How to legalize?

In order not to risk either money, or nerves, or freedom, it is necessary to legalize your desire to do something at your own discretion. To date, this procedure is not particularly difficult. Thanks to the unification of the entire workflow, this procedure is available to almost every adult citizen.

In order to clarify the scope of the entire package of necessary documentation, you should contact the local authorities, from where the registration process begins.

After receiving the registration certificate, it is necessary to submit an application to the local tax authorities. Obtaining a certificate of registration requires further registration in extra-budgetary funds. Modern communication technologies allow you to legalize on the websites of all listed organizations online with the subsequent receipt of original documents.

Registration of IP/LLC

In choise legal form at and OOO there are significant differences.

Sole proprietorship has a lot of advantages:

Simplified system of taxation and tax reporting.
More simple work with cash.
No need for detailed accounting.
It is legally stipulated that there is no need to accrue and pay taxes on property and on profits.

At the same time, it is necessary to determine legal address, taxation system, select types economic activity according to OKVED. The registration process takes five working days, after payment of the state fee and submission of a package of documents required for registration.

The legislative registration of an LLC requires more documents, which include protocols, the Charter, confirmation of the right to own share property, making the required part. At the same time, full-fledged accounting and personnel records will be carried out, and tax reporting is of a detailed nature, including the accrual and payment of income taxes and VAT.

The required documents for IP are:

Original and copy of passport and certificate, in some cases, a certificate of registration of a citizen at the place of residence is required.
Completed forms as an attachment to the application, the actual application and a receipt for payment of the state fee, which are submitted to the business registration department.

This is the minimum package that will make you the owner of a legitimate business in five working days.

Most people in Russia, one way or another, are dissatisfied with their level of earnings. And in connection with the crisis that began in 2014 and continues in 2015, there are only more such people. Therefore, some particularly enterprising citizens decide to find an additional way of income.

Unfortunately, not everyone clearly follows the letter of the law and creates a legal entity, registers as individual entrepreneurs and pays taxes when necessary. What legal requirements do you need to know in order to do business? What means of earning are not recognized as entrepreneurial and do not require the payment of taxes and special registration?

What is considered illegal business activity?

The law clearly defines the definition of entrepreneurial activity. It includes all the actions of citizens that they carry out at their own peril and risk in order to make a profit. At the same time, they are responsible for their actions to the state with their personal property.

The law does not include transactions with securities, keeping funds in deposit accounts in banks and some other similar operations.

In all other cases, in order to carry out legal business, an individual or legal entity must, in without fail register in the Unified Register of Entrepreneurs.

However, the law provides for some types of business activities that do not require such registration. These include, in particular:

tutoring, homeschooling;
cleaning of residential premises;
child care during the day;
some agricultural services.

If you plan to engage in such work, then you do not need to register as an entrepreneur. But in all other cases, regardless of the type of your activity, you are required to be a registered entrepreneur and pay certain taxes in favor of the state. Otherwise, your transactions and transactions for which you receive stable income, cannot be considered legal.

Proof of illegal business activity

Various penalties and fines threaten illegal entrepreneurs after the very fact of entrepreneurial activity has been proven. To do this, it is necessary to prove the systematic nature of entrepreneurial activity (it is recognized as systematic if it was carried out more than twice a year) and the fact of making a profit. In the Letter of the Federal Tax Service dated March 18, 2010, it is reported that entrepreneurial activity Citizens can be recognized by:

the use of various property (own, manufactured or acquired) for profit through use or sale;
the interconnectedness of operations performed by a citizen for a certain period;
constant and stable contacts with market participants.

Based on these factors, it is possible to prove the fact of the entrepreneurial activity itself.

Liability for illegal business activities

Illegal entrepreneurship can bring administrative, tax and even criminal liability to its owner.

Administrative responsibility - this part is provided for by Part 1 of Art. 14.1 of the Code of Administrative Offenses (CAO RF) and imposes a fine of 500 to 2000 rubles.
Tax liability provides for liability for tax evasion and tax evasion. The fine in this category will be over 20 thousand rubles.
Criminal liability is provided for by the Criminal Code Russian Federation. Criminal liability threatens an entrepreneur in the event that his activities have caused serious damage to other citizens or the state. The maximum penalty in this case is arrest. The fine under the Criminal Code does not exceed 300,000 rubles. Corrective labor from 180 to 240 hours is also provided.

Of course, for any category of liability, the level of punishment is determined by the court depending on the amount of damage that illegal entrepreneurial actions caused to third parties.

The Privacy Policy (hereinafter referred to as the Policy) has been developed in accordance with federal law from 27.07.2006. No. 152-FZ "On Personal Data" (hereinafter - FZ-152). This Policy defines the procedure for processing personal data and measures to ensure the security of personal data in the vipiska-nalog.com service (hereinafter referred to as the Operator) in order to protect the rights and freedoms of a person and citizen in the processing of his personal data, including the protection of privacy rights , personal and family secrets. In accordance with the law, the vipiska-nalog.com service is informational in nature and does not oblige the visitor to make payments and other actions without his consent. The collection of data is necessary solely to contact the visitor at his request and inform about the services of the vipiska-nalog.com service.

The main provisions of our privacy policy can be formulated as follows:

We do not share your personal information with third parties. We do not share your contact information with the sales department without your consent. You determine the amount of personal information disclosed.

Collected Information

We collect personal information that you knowingly agreed to disclose to us in order to obtain detailed information about the company's services. Personal information comes to us by filling out a questionnaire on the site vipiska-nalog.com. In order to get detailed information about services, costs and types of payments, you need to provide us with your address Email, name (real or fictitious) and phone number. This information is provided by you voluntarily and we do not check its accuracy in any way.

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Providing information to third parties

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Data protection

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Unified State Register of Legal Entities- abbreviated Unified State Register of Legal Entities. To date, this special system, which contains information about each organization that is registered in Russia. Unified State Register of Legal Entities Contains up-to-date information about the organization, such as:

Name legal entity.
A note on the constituent documents, namely the charter or agreement.
Surnames, names, patronymics of all founders and the general director.
The size authorized capital and its equity ratio among the participants.
State registration number.

Unified State Register of Legal Entities is, first of all, a system that was created for the convenience of storing information about all legal entities existing in Russia. This register contains full and complete information, which is recognized as reliable by all state bodies.

When data is entered into the Unified State Register of Legal Entities

The creation, reorganization and liquidation of an enterprise must necessarily be reflected in the database by creating an entry in it about the state registration of a legal entity.
An entry is also made if the constituent documents are corrected and officially registered.
When information about the enterprise becomes irrelevant, updated data is entered into the Unified State Register of Legal Entities.
In addition, the provision of documentation for the registration of a legal entity is also accompanied by an entry in the register.

Gaining access and making an entry in the Unified State Register of Legal Entities

There are electronic and "traditional" versions of the register, and, in case of data discrepancy, information on paper takes precedence over the electronic register.
The information entered into the Unified State Register of Legal Entities is open and publicly available. Only personal data of individuals are hidden: phone numbers, addresses, passport number and series, account information, etc.
Information is added to the registry in chronological order. All these records are “stacked” by the SRN (state registration number). An enterprise may have several entries in the Unified State Register of Legal Entities, and the first of them is considered to be the main state registration number.

How to get an extract from the Unified State Register of Legal Entities

Any person has the right to issue a written request for information about documents from the Unified State Register of Legal Entities, and the registration authorities will be required to issue the requested information upon request within five days.

Information can be provided in the form:

extracts from the state register;
photocopies of a document or package of documents;
certificate of the established form, informing that there is no information about the requested securities in the register.

If the applicant submits government bodies or requires an extract on their own documents, then the information is provided free of charge. In all other cases, the receipt of an extract is preceded by the payment of a fee.

Types of extracts from the Unified State Register of Legal Entities

Normal. Most often, the applicant is issued a regular extract - that is, containing publicly available information. Of course, this extract does not contain the passport data of the general director or founder of the enterprise, as well as information about accounts, addresses and telephone numbers. A regular extract may be requested by any interested person.
Extended. The extended extract contains information not only about the management, but also about all participants in the legal entity in general. It contains confidential information (see above), except for current account records. This extract can only be requested by a legal entity (about whose data and in question). It is issued along with registration documents or in case of making adjustments to the register.
official The statement is issued by the tax office. This paper is stamped tax service. It consists of several numbered pages. The stamps are affixed to reverse side each sheet. The entire document is stitched. It takes 5 days to receive an official statement. If the information is needed urgently, it can be obtained the next day after the application is submitted (paid service).
In electronic The extract contains exclusively open information about the legal entity.

Why do you need extracts from the Unified State Register of Legal Entities

1. They are needed by the personnel department and the security department of the company - to check regular and potential employees for their participation in the activities of other enterprises.
2. They can be useful to the owner of the company in order to prevent its takeover or to resist aggressive competitors.
3. Credit control services use them to clarify registration information.
4. They help the accounting department of the company to correctly issue invoices and take care of the relevance of registration data.
5. They can be used by an individual to find out more about their potential employer.

In addition, some information from the Unified State Register of Legal Entities can be requested via the Internet. They can be provided in the form:

electronic information about the company (mainly about its activities);
an electronic reference by full name, containing information about the registered person - both an individual and a legal entity.

Among other things, the Internet can be used to monitor potential partners and customers: registration data is updated every day. And, finally, the information obtained from the Unified State Register of Legal Entities is used to verify the annual reports of the accounting department of an enterprise.

Thus, an extract from the Unified State Register of Legal Entities can be used for a variety of purposes. different persons. Information about legal entities collected in the Unified Register is relatively accessible.

As you know, the Federal Tax Service of Russia controls the collection and payment of taxes by individuals, legal entities and individual entrepreneurs. This inspection has its own website with many useful and popular features. On the resource, each type of taxpayer can register his Personal Area, the use of which is absolutely free and greatly facilitates the process of communication between the client and the tax office.

For legal entities, the tax inspectorate has created a special database for them, you can find out information from which by visiting the official website egryul.nalog.ru. It provides open access to the database to absolutely everyone.

How to enter the site?

Unified State Register of Legal Entities State Register legal entities, the data of which is stored by egryul.nalog.ru official website from tax office. Go to this resource all interested persons can check the information for free about the presence of a certain legal entity in the register, get basic information about it. The site can be visited at official address https://egrul.nalog.ru.

The information provided by the official website egryul.nalog.ru, upon request, contains a smaller amount of information, and a full statement of facts is provided after payment. Information provided free of charge contains only six sections, and ordered for money, consists of 35 such items.

Website

Useful information on the site egrul.nalog.ru

The client, having gone to the official website egrul.nalog.ru, immediately understands that he is subject to the tax service, as he works under his emblem.

The taxpayer can immediately see the legislative acts, according to which all information about the legal entity and extracts about it are provided.

Here, the client can immediately set the following search criteria to obtain information about the organization he needs:

choose between a legal entity and an individual entrepreneur;
tick the OGRN / TIN or the Name of the legal entity for which information will be provided;
enter PSRN or TIN;
enter the numbers from the security picture;
press the search button.

Search criteria

Also, the official website at egrul.nalog.ru provides the client with the opportunity to view thematic video material about their own verification and verification of the counterparty.

On the main page of the site there is a useful section for the user about checking risks for business, where you can see the lists of legal entities that are disqualified, cannot take part in this activity, have debts and a lot of other useful information.

Risk Check

General information about the Unified State Register of Legal Entities

In the event that a legal entity has successfully opened own business, he must necessarily register information about himself in the state register. This register is maintained by the tax service of the country in order to classify all existing business entities. All transactions that will be concluded by them in the future will require an extract from the register.

The register of legal entities of the official website egrul.nalog.ru contains the following information:

registration data - obtained after the opening, closing or reorganization of the entity;
fixed changes - aspects that arise in the process of work;
Documentation - required when submitting to certain authorities.

Information about state registration

Registration of information can be carried out in writing, in which case it is gaining official force. Electronic information does not have such power. Also in the register there are certain data that may be available to the subject and state bodies.

Discharge Information

An extract from the register is a document that includes basic information about the legal entity itself and its type of activity, and which can be ordered on the official website of egrul.nalog.ru. The organization can optionally submit this document to state bodies in order to receive certain benefits. The extract may be available to everyone and can be ordered:

any organization;
an individual;
government bodies;
other interested persons.

Extracts are:

regular - publicly available information is provided;
extended - contains passport data, information about licenses and bank accounts.

Sample

Information statements can also be:

non-urgent - costs 200 rubles for third parties and is provided within 5 days from the request, you can pay using bank details or using the inspection terminal;
urgent - costs 400 rubles for all citizens, is issued within the next day, such an extract is issued solely upon the fact of the duty paid to the state.

An extract from the official website of egrul.nalog.ru includes data such as:

institution data and name;
the number of participants and the volume of investments;
legal address;
honorable status;
information about successors;
departments and divisions;
a person representing the interests of a legal entity;
licenses;
types of activities;
names of management and members;
documentation;
facts of registration in non-budgetary funds.

How to get an extract?

The required extract from the official website egrul.nalog.ru is issued according to a certain algorithm, which consists of the following steps:

request process – no at this stage official uniform, but the client must write the name of the organization and the information that he would like to receive. It is also necessary to indicate the number of copies, and sometimes the purpose of obtaining an extract;

Request

filing a request with the Federal Tax Service - the completed documents can be taken to the inspection or sent by mail;
issuance of an extract - a document is issued to the management of the organization or an employee with a power of attorney.

Extract from the Unified State Register of Legal Entities

The validity of the extract is determined by the purpose for which it was issued and officially confirmed by law:

for the purpose of alienating a certain share of capital - the certificate is valid for up to 30 days;
for tender participation - six months;
for judicial purposes - a month.

Help Purpose

If the certificate is requested by the legal entity itself, then it may be needed in such situations:

for notarization of documents;
getting a new bank account;
for any real estate transaction;
to change the type of activity;
when participating in an auction or tender;
for official relations with contractors.

Help may also be needed for the following purposes:

to open a dispute with the tax service;
for drawing up a lawsuit to an arbitration court;
in order to certify the counterparty when drawing up an agreement;
for a deal to remove part of the capital.

Where can I get help?

A citizen who wants to receive an official extract from the register of legal entities can do this in three ways:

in the department of the Federal Tax Service - it is possible to obtain any certificate, except for electronic. To do this, the client needs to fill out an application with the name of the department, legal entity and code, as well as the reason for the request. Secure the application with a signature and date, as well as the seal of the institution, and pay the declared amount;
through commercial organizations- in such an organization, the user can submit an application via the Internet and receive a certificate by e-mail;
through egryul.nalog.ru official website - in this case, the user must have digital signature in in electronic format, which is issued in specialized centers.