In our country, novice entrepreneurs have the right to freely choose the scope of their future activities. However, on the part of public authorities, a number of requirements are imposed on citizens acting in this capacity. For the implementation of certain types of entrepreneurship, a special permit from the authorized bodies is required. This applies to those areas that are directly related to the risk to life and health of people. It is worth dwelling in more detail on what the licensing procedure is, for what types of activities it is mandatory and what is the procedure for obtaining this document.
Licensing of certain types of entrepreneurial activity
Certain types of business activities in our country are subject to special licensing. This means that an entrepreneur has the right to carry out such activities only after obtaining a permit (license) issued by authorized authorities.
A license is a special document that gives the applicant the right to engage in a specific type of activity.
From the foregoing, we can conclude that licensing is the provision of licenses to business entities. However, this is not the only function of the licensing authorities.
The sale of alcohol is one of the activities subject to mandatory licensing.
Licensing is also associated with such actions:
- re-issuance of documents confirming the availability of licenses;
- suspension of licenses in case of violation by entrepreneurs of license requirements and conditions;
- renewal or termination of licenses;
- cancellation of licenses;
- control of licensing authorities over compliance by entrepreneurs with relevant licensing requirements and conditions;
- maintenance of registers of licenses;
- providing interested persons with information from license registers and other information on licensing.
Licensing of certain types of activities is carried out in order to prevent damage to the rights, legitimate interests, life and health of citizens, the environment, objects cultural heritage(monuments of history and culture) of the peoples of the Russian Federation, defense and security of the state.
The procedure for licensing certain types of activities is regulated by a number of legal acts.
Table: main documents regulating licensing in the Russian Federation
| Name of the normative act | Characteristic |
| Civil Code of the Russian Federation. | Contains a provision according to which a legal entity can engage in certain types of activities only on the basis of a license (part 3, paragraph 1, article 49). This norm of the Civil Code of the Russian Federation is predetermined by the provisions of the Constitution of the Russian Federation (Articles 8, 34, Part 3 of Article 55) and is fundamental in the system of legal support for licensing business activities. |
| Federal Law of August 8, 2001 No. 128-FZ “On Licensing Certain Types of Activities”. | The main legislative act regulating relations arising between public authorities and business entities in connection with the licensing of certain types of activities. |
| Government Decree Russian Federation dated April 16, 2012 No. 291 "On licensing medical activities" | Regulates the granting of a license for medical activity. |
| The ordinance and federal laws govern pharmaceutical activities. |
| Federal Law “On Banks and Banking Activities” dated December 2, 1990 No. 395-1 (current version of October 4, 2014). | According to this law, a banking license for a credit institution is issued by the Central Bank of the Russian Federation after its state registration. |
| Federal Law of November 22, 1995 No. 171-FZ “On state regulation production and turnover of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products” (as amended and supplemented on November 2, 2013). | Provides that licensing is subject to activities related to the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products, with the exception of the purchase of ethyl alcohol, alcoholic and alcohol-containing products (in order to use them as raw materials or auxiliary material in the production of alcoholic, alcohol-containing and other products or for technical or other purposes not related to the production of these products) and the retail sale of alcohol-containing products, which are clearly listed in Art. 18. The said Law defines the procedure for issuing licenses and establishes that the documents submitted by the organization to the licensing authority for obtaining a license are registered and subject to examination by the licensing authority. |
| Law of the Russian Federation of November 27, 1997 No. 4015-1 “On the organization of insurance business in the Russian Federation” (as amended and supplemented on July 21, 2014). | Regulates the issues of licensing the activities of subjects of the insurance business. |
The list of documents regulating licensing in our country is not limited to the one presented above. As a rule, each type of activity has its own set of legal acts, which the entrepreneur is guided by.
Business Licensing Bodies
The issuance of licenses is carried out by the executive authorities of the constituent entities of Russia or local governments responsible for the area of activity subject to licensing.
Table: list of licensing authorities
Rosselkhoznadzor and Roszdravnadzor are responsible for issuing licenses in the field of medical and pharmaceutical activities.
Types of activities subject to licensing
An exhaustive list of such activities is presented. Consider the most common types of licensed business activities.
Table: list of activities for which a license is required
| Kind of activity | OKVED codes |
| Production, sale and use of pharmaceuticals and medical equipment, medical care | 46.46, 47.73, 21.20 |
| Educational and educational activities | 85.1–85.42.9 |
| Insurance and customs business | 69.10, 65 |
| Private security companies and detective agencies | 80.1–84.24, 70.90, 80.30 |
| Communication services | 61.10 |
| Manufacture and sale of alcohol | 51.34 |
| Business related to the use of natural resources | 01–09.90 |
| Rail and international cargo transportation | 60.10, 63 |
| Architectural and engineering construction, restoration work | 71.1–71.20.9 |
| Business in the field of international cooperation (travel agencies, tour operators) | 79.11–79.90.32 |
One of the most common activities subject to licensing is the provision of educational services.
Video: Licensing all types of waste management activities
The procedure for obtaining an IP license
Obtaining a license for a certain type of entrepreneurial activity requires the applicant to meet certain requirements. Depending on the status legal entity or individual entrepreneur, as well as the type of his entrepreneurial activity, the rules for obtaining may vary.
In most licensing cases, the license applicant must meet the following specific requirement or set of requirements. For example:
- own real estate, vehicles, equipment, etc.;
- maintain an active working headquarters;
- have professional education, work experience, etc.;
- have capital.
Please note that some activities are prohibited for individual entrepreneurship. This applies to:
- banking operations when creating a bank;
- activities for the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products;
- works in the field of the use of atomic energy;
- activities for the organization and conduct of gambling in bookmakers and sweepstakes.
If a citizen is registered as an individual entrepreneur and meets the requirements put forward, he can proceed to obtain a license. The process can be schematically represented as an instruction.
Application for a license
At the first stage, the entrepreneur writes an application with a request to provide him with a license for the type of activity he has chosen. Sample application for a license to retail sale alcohol.
In the application, the IP indicates data of this kind:
- personal data of the entrepreneur (passport data);
- contact information (phone number, email address);
- main state registration number (OGRIP);
- taxpayer identification number (TIN);
- details of the document confirming the fact of payment of the state duty for granting a license;
- type of activity indicating the work performed, services.
The application for a license must indicate the identification number of the taxpayer
Collection of documents
- passports;
- photocopies of the certificate of state registration of IP;
- a notarized copy of the TIN or the original TIN and an uncertified copy;
- license applications;
- data on the qualifications of employees (if required).
It should be borne in mind that the list of documents can be expanded. Therefore, it is better to clarify in advance which documents are required in this case.
The certificate of state registration of an individual entrepreneur is one of the documents provided by a citizen to the licensing authority
Payment of state duty
Then the individual entrepreneur pays the state fee for consideration by the licensing authority of his application and attaches a receipt of payment to the package of documents. The amount of the fee will depend on specific type activities. As a rule, the state duty is charged in the amount of 7500 rubles, but in some cases the license is more expensive.
Submission of documents to the licensing authority
All documentation is accepted by the licensing authority according to the inventory, the copies of which are marked with the date of acceptance.
A copy of the inventory with a mark on the date of receipt is handed over to the applicant or transferred to him in the manner in which the documents were received
Within three working days, the licensing authority decides whether to consider the application or return it if the documents do not meet the requirements (for example, they are not provided in full). If a decision is made to return the application, the applicant will be notified of the need to correct violations within 30 days.
Notification of the need to eliminate the identified violations is sent to the entrepreneur by registered mail or in the form of an electronic document.
Receipt of the finished document
After the application for a license is accepted, a decision is made to issue a license within 45 working days. The final decision is issued by order of the licensing authority. The license will be issued within 3 working days after its signing and registration.
The decision to issue the required document is made only if the licensee meets all the requirements put forward.
In case of refusal, the entrepreneur has the right to appeal such a decision in court.
It should be borne in mind that a license for the right to conduct certain activities is issued to a specific individual entrepreneur. The law does not provide for the right to transfer it to another person.
In case of loss of the form, the businessman has the right to apply to the local administrative authority with a request for a duplicate.
Comprehensive business license agreement: concept, meaning, legal features
A complex business agreement (franchising) is the provision by one party (the company selling its franchise) to the other party (the franchise buyer) of a set of rights.
Such rights are granted for a fee. They include the right to use the trade name of the copyright holder, trade secrets, as well as other objects intellectual property(trademark, service mark, etc.). The franchise agreement must also be registered. It is registered in the same body where the owner of exclusive rights is registered.
The right holder of a complex of exclusive rights is obliged:
- ensure the transfer to the user of the entire range of exclusive rights under the contract, instruct the user on the implementation of rights, provide other information necessary for the implementation of these rights;
- ensure registration of the franchise agreement;
- provide the user with ongoing assistance in the use of the exclusive rights transferred under the contract, including assistance in training and advanced training of personnel;
- control the quality of goods produced, work performed and services provided by the user on the basis of a franchise agreement.
The user of such rights is obliged:
- use the complex of exclusive rights received by him in strict accordance with the terms of the contract;
- pay the right holder the remuneration stipulated by the contract;
- produce goods, perform work, provide services of the same reliability and similar quality, as everything is done directly by the copyright holder;
- provide buyers (customers) with all the same services that would be expected directly from the right holder;
- not to allow the transfer of the received objects of exclusive rights to other persons without the consent of the copyright holder.
The contract in question is terminated as a result of the expiration of its validity period. Early termination is also possible by mutual agreement of the parties.
The complex business license agreement is terminated unilaterally in the following cases:
- non-fulfillment by one of the parties of the terms of the contract;
- termination of the rights belonging to the right holder to the registered name, trademark, etc.;
- changes in the company name and other exclusive rights belonging to the copyright holder (in this case, the user's unilateral refusal to execute the contract applies);
- conclusion of an agreement without specifying a period (termination of the agreement in such a situation may follow from the counterparty at any time);
- non-fulfillment by the right holder of his obligations to update technologies, train personnel, etc.;
- non-compliance with the rules for the preservation of trade secrets, the requirements for the protection of the intellectual property of the copyright holder;
- untimely payment of remuneration by the user;
- declaring the copyright holder or user bankrupt.
Validity of the license in time and territory
In most cases, a license is issued for an unlimited period, i.e., it is an indefinite document. However, in some cases, there is a restriction on the validity of licenses.
Examples of validity limits by type of activity:
- on the audit activity- 5 years;
- for retail trade in alcoholic products - from 1 to 5 years;
- for work with state secrets - up to 5 years at the request of the applicant;
- for the provision of communication services - from 3 to 25 years;
- for passenger transportation within the Russian Federation - 5 years (at the first application);
- to carry and store weapons - 5 years.
The validity of the license upon its expiration may be extended at the request of the entrepreneur.
An individual entrepreneur has the right to start carrying out his activities from the next day after the approval of the issuance of a license for him. Entrepreneurial activity can be carried out throughout Russia, regardless of the place of its issue, as well as in places of jurisdiction of the Russian Federation.
It should be borne in mind that the activities covered by licensing are checked by regulatory authorities.
Depending on the type of licenses state structures conduct IP checks with varying intensity. Checks are based on the appeal of individuals or legal entities on the facts of possible violations in the work of a businessman. Based on the materials of the audit, an appropriate act is drawn up.
If within 1 calendar year the IP receives more than two negative reviews based on the results of the audit, the local regulatory authority has the right to cancel the issued license.
The license is suspended by the licensing authority in the following cases:
- violation of licensing requirements and conditions that create a direct threat to the life or health of citizens;
- non-compliance by the entrepreneur with the instructions of the licensing authority to eliminate the identified violations;
- failure to submit an application for reissuing a license or issuing a duplicate license to replace the lost one within the prescribed period.
Information on the suspension of a license shall be entered in the register of licenses.
The license is renewed after the entrepreneur fulfills all the instructions by decision of the licensing authority from the day:
- following the day of expiration of the term for the execution of the newly issued order;
- following the day of signing the act of verification, establishing the fact of early execution of the newly issued order.
Information about the renewal of a license is also entered in the register of licenses. If the established requirements have not been met, the authorized body makes a decision to cancel the license.
Responsibility for carrying out activities without a license
For carrying out activities without a license, the legislation provides different kinds responsibility:
- penalties (for citizens in the amount of two thousand to two thousand five hundred rubles);
- confiscation of illegally obtained income;
- deprivation of the right to engage in certain activities;
- participation in public works for a period of 180 to 240 hours;
- arrest for a period of 4 to 6 months;
- imprisonment for up to 3 years.
Entrepreneurs for lack of licenses may be subject not only to administrative liability, but also to criminal
Tax implications should also be taken into account. The application of tax benefits is impossible if there is no license to conduct the type of activity subject to licensing.
When it comes to responsibility, one example is judicial act dated August 1, 2006 in case No. 3–2/06, according to which the Arkhangelsk Regional social organization"Spiritual revival of the northerners" was subject to liquidation. This organization, using methods of psychological and psychotherapeutic influence during lectures and meditations, carried out medical activities without having an appropriate license. Thus, Art. 17 of the Federal Law "On Licensing Certain Types of Activities". Conducting mass meditations for the purpose of physical and spiritual recovery is a violation of Part 6 of Art. 57 "Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens", which prohibits mass healing sessions. These violations of the law are gross, which, in accordance with Art. 44 Federal Law "On public associations"and paragraph 2, part 2 of Art. 61 of the Civil Code of the Russian Federation serve as the basis for the liquidation of the organization.
The licensing procedure combines a set of actions related to the provision, suspension, renewal, cancellation of licenses and re-issuance of documents confirming their existence. It's kind state control aimed at protecting the rights and interests of citizens, their health and morality, as well as national security. For the implementation of certain types of entrepreneurship, obtaining a permit is considered mandatory, while the absence of a license leads to administrative and criminal liability.
A license is a permit for the right to carry out a specific type of activity, which is issued by a special licensing authority. To obtain a license, the applicant must meet certain requirements and pay a state fee.
Who needs to get a license?
Article 12 of the Law "On Licensing Certain Types of Activities" dated 04.05.2011 No. 99-FZ provides a list of types of activities for which licenses are required. There are 51 of them in total, among them:
- activities related to encryption and protection of information;
- activities related to weapons and military equipment;
- production of medicines and medical equipment;
- security and detective activities;
- provision of communication services, television and radio broadcasting;
- production of copies of audiovisual works, computer programs, databases and phonograms on any media;
- educational activities;
- pharmaceutical and medical activities;
- transportation by water and air transport;
- transportation by rail of passengers and dangerous goods;
- transportation of passengers by vehicles equipped for transportation of more than eight people.
Licensing requirements
A license can be obtained only if certain requirements are met: availability of a technical base (premises, equipment, special documentation); workers with the necessary qualifications and specialties; systems production control; the size authorized capital and others. These requirements are given for each type of licensed activity in separate Regulations approved by government decrees.
For example, license requirements for the carriage of passengers by road are specified in Government Decree No. 280 dated April 2, 2012. The applicant for such a license must have:
- vehicles that match technical requirements for the transportation of passengers and equipped with GLONASS satellite navigation equipment;
- premises and equipment for the maintenance and repair of vehicles;
- drivers of vehicles who have concluded with him labor contract or a contract for the provision of services that have the necessary qualifications and work experience, as well as those that have passed a medical examination;
- specialist who does pre-trip medical examination of drivers vehicles or an agreement with medical organization or individual entrepreneurs who have the appropriate license.
You can familiarize yourself with the requirements for issuing licenses for your type of activity by contacting the relevant licensing authority. We will consider the requirements for obtaining a license to sell alcohol below, in a separate section.
Documents for obtaining a license
An application for a license and a package of supporting documents specified in Art. 13 of the law of 04.05.2011 No. 99-FZ. Considering that types of activities controlled by different services are subject to licensing, the forms of such applications will differ. As an example, we suggest that you familiarize yourself with the application for a license for passenger road transport.
The application must indicate the name, legal form, location of the applicant; licensed type of activity; TIN; extract data from the USRIP or USRLE; information about the payment of state duty.
In addition to the application, copies of documents are submitted, the list of which is determined by the regulation on licensing a particular type of activity and which indicate the applicant's compliance with licensing requirements, as well as an inventory of all documents. About what documents are needed, you need to find out from the licensing authority or independently find the appropriate regulatory legal act.
The requirement to submit notarized constituent documents was abolished by law No. 307-FZ of October 14, 2014, so if you are required to have such copies (and they are still specified in some Administrative Regulations for obtaining licenses), you can refuse to comply with such a requirement, referring to this law.
The list of information specified in the application and the list of documents attached to it is exhaustive (Article 13 (4) of the Law of 05/04/2011 No. 99-FZ), that is, you should not be required to provide other documents.
How much does a license cost?
The amount of the state fee for a license is established by Article 333.33 of the Tax Code of the Russian Federation. The article is very large, so we will tell you where to look. We find paragraph 1 subparagraph 92. The amount of the state duty is 7,500 rubles for all types of licensed activities, except for:
- banking operations (0.1% of the authorized capital, but not more than 500 thousand rubles);
- production, storage, purchase, supply of ethyl alcohol and alcoholic products (from 800 thousand to 9.5 million rubles);
- retail sale of alcoholic products - 65 thousand rubles for each year of the license;
- entrepreneurial activities in the management of apartment buildings - 30 thousand rubles.
Draw your attention to - the state duty is paid once for the entire term of the license. In general, the term of the license is not limited, but for some types of activity it is established (with the possibility of extension), for example, the term of an alcohol license should not exceed five years.
In case of refusal to issue a license stamp duty is non-refundable. In 2013, the Constitutional Court considered a case on the return of 40,000 rubles to the applicant in connection with the refusal to issue a license for the retail sale of alcohol (Resolution of the Constitutional Court dated May 23, 2013 No. 11-P). On this issue, even the judges themselves did not agree, one of them expressed a dissenting opinion, the essence of which is “Formally correct, but in fact it is a mockery.” Based on this, before paying for a license, we recommend that you first contact the appropriate licensing authority to make sure that you can comply necessary requirements to receive it.
How to get a license?
After you have found the contacts of the licensing authority, prepared the necessary documents and paid the state fee, you need to apply for a license. Documents can be submitted:
- personally, during a visit to the licensing authority;
- by registered mail with acknowledgment of receipt;
- in the form of an electronic document signed with an electronic signature.
Upon receipt of the documents, the license applicant is issued a copy of the inventory with a note on the date of acceptance (in person or by registered mail with acknowledgment of receipt). If an incomplete set or violation of the requirements is found in the submitted package of documents, then within three working days from the date of receipt of the application, the applicant is given (sent) a notification about the need to eliminate the violations within thirty days. After the violations are eliminated, a reasoned decision to consider the application for a license or to return the application is made within three working days.
If there were no claims to the documents, then the decision to issue a license is made within five working days, and the license itself is handed over to the licensee or sent to him by registered mail with notification within three working days after this decision. It is also possible to obtain a license in the form of an electronic document, if it was indicated in the application.
The issuance of a license may be refused, then the decision on this must indicate the reasons for the refusal with references to regulations or details of the license applicant's verification report, if the refusal was based on non-compliance with license requirements.
A license is issued for standard form, approved by the Decree of the Government of the Russian Federation of October 6, 2011 No. 826. If the license has been damaged or lost, then you can get a duplicate of it in the manner prescribed by Article 17 of Law No. 99-FZ.
The license is valid throughout the Russian Federation, but if the licensee changes the region of activity, he must inform the licensing authority of that subject of the Russian Federation (territory, region, republic) where he is going to work.
How to get a license for alcohol?
Retail sale of alcoholic beverages, including beer, is a fairly popular activity for our users, so we will tell you more about how to get an alcohol license. The licensing of this type of activity is regulated by special law No. 171-FZ of November 22, 1995. First, let's clarify the issue of selling beer (as well as beer drinks, cider, poiret, mead).
Beer is an alcoholic product, but its sale is regulated by separate provisions of the law. The sale of beer is not subject to the special requirements for the retail sale and consumption of alcoholic products specified in Article 16 of Law No. 171-FZ, and You don't need a license to sell beer.
Since 2013, it has been possible to sell beer only in stationary facilities (shops), but there are no specific requirements for their area, as for the sale of other alcoholic products. In urban settlements, for the sale of beer, it is necessary to use a cash register even in the UTII and PSN modes. And one more difference between beer and other alcohol - it can be implemented not only by organizations, but also by individual entrepreneurs.
As for alcohol in general, obtaining a license for its production and circulation, in addition to Law No. 171-FZ, is also regulated by a special Administrative Regulation. Documents for obtaining a license for the production of alcohol are different from those that are submitted for obtaining licenses for other types of activities. In our article we will consider the licensing requirements only for the retail sale of alcohol, because it makes sense to consider the requirements for its production, storage and wholesale turnover separately.
To obtain a license, an applicant must:
- be a legal entity (individual entrepreneurs cannot sell alcohol, except for beer);
- own or long-term (from a year) lease stationary retail facilities and warehouses;
- the total area of such premises for the retail sale of alcohol must be at least 50 square meters. m in urban areas and at least 25 sq. m in the countryside;
- when selling alcohol in urban areas, the licensee must use a cash register, even if he is a UTII payer;
- have an authorized capital of a certain amount (the requirement is established by regional licensing authorities), but not more than 1 million rubles.
Regional licensing authorities may establish other additional requirements, so before collecting the necessary documents and paying the state fee, please contact detailed information to the appropriate district department of Rosalkogolregulirovanie. Their contacts, as well as the license application form, can be found in the Administrative Regulations.
Reissuance, suspension and renewal of a license
If the data specified in Article 18 of Law No. 99-FZ changes with the licensee, you need to apply to the licensing authority for renewal of the license. Re-registration is required in the following cases:
- reorganization of a legal entity;
- changes in personal data and place of residence of the individual entrepreneur;
- change of legal address and name of the organization;
- change of the address where the licensed type of activity is carried out.
The procedure for reissuing a license is given in the article in Article 18 of Law No. 99-FZ, the amount of the state duty is from 600 to 2600 rubles.
The licensing authority not only issues licenses, but also monitors the activities of the licensee. If during the planned or unscheduled inspection violations of license requirements are detected, then an order will be issued to eliminate them, and if this does not happen within the specified period, then license may be suspended(Article 20 of Law No. 99-FZ), It is prohibited to conduct licensed activities for the period of suspension.
After the requirements of the licensing authority are met, the license is renewed. Information on the suspension and renewal of licenses is entered in a special register.
Cancellation and Termination of a License
In case of non-compliance with the requirements due to which the order was issued or the activity of the license was suspended, it must be canceled at the suit of the licensing authority. The license is terminated within 10 working days after such a court decision.
The license may be terminated and on a voluntary basis if:
- an application has been submitted to terminate the licensed type of activity;
- the activity of an individual as an individual entrepreneur has been terminated;
- activity of a legal entity has been terminated (except for reorganization).
When the activity of an individual entrepreneur or legal entity is terminated, it is not necessary to report this to the licensing authority, this will be done by the tax inspectorate.
Responsibility for operating without a license
For violation of licensing laws, administrative liability is provided for:
- for activities without a license under article 14.1(2) of the Code of Administrative Offenses of the Russian Federation: a fine for organizations from 40 to 50 thousand rubles, for individual entrepreneurs - from 4 to 5 thousand rubles, while confiscation of products, production tools and raw materials is allowed;
- for activities in violation of the terms of the issued license under article 14.1(3) of the Code of Administrative Offenses of the Russian Federation: a fine for organizations from 30 to 40 thousand rubles, for individual entrepreneurs - from 3 to 4 thousand rubles;
- for activities in gross violation of the terms of the issued license under article 14.1(4) of the Code of Administrative Offenses of the Russian Federation: a fine for organizations from 40 to 50 thousand rubles, for individual entrepreneurs - from 4 to 5 thousand rubles or an administrative suspension of activities for up to 90 days;
- for activities without a license in the production and sale of alcohol under article 14.1(17) of the Code of Administrative Offenses of the Russian Federation: from 200 to 300 thousand rubles with the possibility of confiscation of products, equipment, raw materials, semi-finished products, vehicles or other items used for production and turnover.
If, at the same time, activities without a license caused major damage to citizens, organizations, the state, or brought income on a large scale (more than 1.5 million rubles), then it is possible to attract and to criminal liability under article 171 of the Criminal Code of the Russian Federation - a fine of up to 300 thousand rubles or arrest for up to six months.
Category: Licensing
Almost every client, when purchasing a particular product or applying for a service, checks whether the company offering the service or product has a production license, whether what is being sold and offered meets the prescribed standards.
If you are a businessman, you must ensure the legitimacy of your business. For many activities, the basis is a license. It makes the firm and its product legal.
A license is required for the following areas:
- jurisprudence
- the medicine
- education
- security activities, etc.
The Licensing section will help you obtain a license. He will become for you step by step instructions, thanks to which you will quickly become the owner of a license.
What is a license for?
License: why is it needed?
It is a mistake to believe that licensing activities is a mere formality. This is not true. The license is given only to those enterprises whose activities will not harm the environment and people. To obtain a license, you must comply with the standards provided for in each particular segment.
The license will legitimize your endeavors and attract clients to you, as it is in itself a basis for trust.
If you, for example, intend to engage in security activities, this means that your clients will have to trust you with their lives or property, or both. But how do they know that you can really protect them, that you have necessary experience and knowledge that you have the skills required for the reliable protection of objects and people?
Licensing is what will indicate you as a specialist, and your enterprise as a reliable company capable of protecting any values.
Types of licenses
Licensing
Various types of licensing apply. They depend on the direction of activity in which the company is engaged. The most popular licenses are:
- educational. In the field of education, giving the right to institutions to train various segments of the population
- medical
- transport
- pharmaceutical
- on weapons
- security, etc.
In the Licensing section, you will find out if you need a license, what kind to apply for, where to apply for it, and what documents you need to provide.
What you need to know about licensing
Issues of issuing licenses are based on the legislation of the Russian Federation. In addition to laws, each type of licensing has its own provisions, which indicate the bodies that should be contacted to obtain a particular type of license. In accordance with the provisions, the package of standard documents prescribed by law, which must be submitted to the issuing authorities, is significantly expanded.
In this section, you will learn where to apply to obtain a license for your type of activity. For example, if it is related to the protection or sale of weapons, you need to write an application to the Ministry of Internal Affairs. If you plan to practice medicine, you need to go to Roszdravnadzor. Those who want to engage in space programs need to contact Roscosmos.
Currently, more than 20 organizations are engaged in issuing licenses, each with its own requirements. You will learn all about them in this section.
What documents are used for licensing?
Documents for registration of licensing
The legislation provides for a package of documents that each applicant for a license must submit. For legal and individuals he is not the same.
So, IP owners must provide:
- the address where they live, as well as the actual addresses where the licensed activity will be carried out
- passport details (date of issue, number, etc.)
- data on registration of an individual enterprise
- information about the organization that registered the IP
- activity data
- applicant's contact details
For law firms, the following list of documents is required:
- officially registered and verified name trademark, as well as organizational and legal form
- registration number
- legal address
- information about the registered organization
- intended activity
- Contact details
The above documents are attached to the application. Documents are also provided that indicate that the applicant actually has everything necessary to obtain a license. This is information about the availability of space, education, qualifications, etc., necessary for the deployment of activities. You should also provide a certificate stating that the state fee has been paid, notarized copies of constituent documents, etc.
Entrepreneurs sometimes (out of caution or bewilderment) have a question: “Do I need a license for this type of activity? And why?".
In fact, what does an entrepreneur have the right to do only after obtaining a license? Let's try to figure it out, but first let's decide what can be called a license.
A license is a special permit document confirming the right of its holder to engage in a certain type of activity and guaranteeing that the holder of the license complies with professional requirements assigned to him.
Licensed activities in the Russian Federation are
- pharmacy;
- medical;
- railway,
- air,
- sea and river passenger and cargo transportation;
- sphere of private investigation.
Who may not be licensed?
License holders can be both LLC (OJSC) and individual entrepreneurs. Each type of activity has its own requirements, and each license is issued by the relevant commission, which includes representatives of the profession.
There was a time (before the emergence of the institution of individual entrepreneurship) when the number of occupations subject to licensing exceeded one hundred. Since 2002, the number of licensed activities has been greatly reduced. This was done in order to enable small businesses to develop without bureaucratic obstacles. But in the legislative sphere concerning licenses, certain changes are constantly taking place.
Sole proprietors also do not have the right to engage in:
- creation and development of military products;
- trafficking in drugs, poisons, potent drugs;
- production and sale of alcoholic beverages.
How important is it to have an IP license?
On the other hand, does an IP need a license? After all, there is an opportunity to be employed in a huge number of types of businesses that do not require not only licenses, but also any permits. A list of these activities can be found in any law relating to individual entrepreneurship. Some of these types require only the submission of notification statements to supervisory authorities (in particular, Rospotrebnadzor). And for others (for example, employed in tourism business), documents must be submitted to financial service on guarantees and provide evidence of the presence of 10 million rubles of an insurance deposit on the accounts.
Certification
There is another document that looks like a license. This is a certificate of conformity, which is issued for the list of goods of mandatory certification in the wholesale and retail. All goods sold by the entrepreneur must undergo a comprehensive inspection by certification bodies accredited by the Federal Agency for Technical Regulation and Metrology. This guarantees that the use of the goods by the buyer will not lead to any disastrous consequences (allergies, hair loss, skin diseases, etc.). The list of goods subject to certification can be found in any department of Rospotrebnadzor (Federal Metrological Service) and on the websites of regulatory agencies.
To pass certification, you transfer the things (or products) that have gone on sale to specialists-experts of the department, and they, in turn, conduct a series of experiments with them that reveal the quality of products.
Note that all-round certification is shown for children's products. Therefore, if you intend to engage in their sale, then be prepared for frequent checks.
By the way, things (especially when wholesale trade) can be supplied already certified. Your task will only be to conduct re-certification if necessary (as a rule, this is a formality). Therefore, you should not forget about this when making purchases at wholesale depots and require certificates of conformity for goods from sellers.
Think before registering a company
The list of licensed activities, as we have already noted above, differs for LLCs and individual entrepreneurs. It all depends on the scale and variety of services offered. If your tasks will include the provision of services to the public related to the use of illicit drugs, then you may think in advance about organizing the appropriate form of ownership (LLC or OJSC) for the smooth receipt of permits.
Requirements for licensing IP
In order to be able to obtain a license for a certain type of activity, it is necessary to meet the specific requirements for the owners of a licensed business. Let's say you individual entrepreneur who is about to open a pharmacy or dental office. You do not need (although it does not hurt) to have a medical school diploma yourself. However, if you hire qualified dentists or pharmacists, rent a room that meets sanitary standards in pharmacies or dental offices, organize the provision of additional services to your customers, it is highly likely that the licensing commission will approve your decision to engage in such a business and issue you a permit.
If you plan to engage in passenger transportation, then your vehicle (in addition to its availability) must meet all safety standards, it must be driven by a qualified driver, and the route along which people will be transported must be approved by the traffic police, city administration, road and motor transport services .
As we see, for different cases different requirements (and packages of documents will also differ).
There are specialized offices that deal exclusively with assistance with licensing an LLC (or IP). You can contact them, as the specialists of these firms are already familiar with the parameters and documentation requirements of the licensing commissions, and will properly advise you before applying for a license.
According to the Federal Law of May 4, 2011 No. 99-FZ "On Licensing Certain Types of Activities", licensing is carried out in order to respect the rights, life or health of citizens, the country's defense capability and security, as well as the requirements for the protection environment and architectural monuments. Obtaining a license is a prerequisite for doing business if your company's activities may affect or even violate any of the above points.
How to get a document, what is it and what requirements should a potential licensor meet? Look for answers in our article.
What is licensing: the letter of the law
A license is a special permit document that allows you to carry out certain activity. Accordingly, licensing is the process of issuing, renewing and revoking such permission. The procedure for licensing is regulated by the above law (hereinafter - No. 99-FZ).
The presence of a license guarantees the consumer safety, the receipt of services or works of the declared quality, their compliance with all standards established by law or other legal acts.
A license applicant can be both a legal entity and an individual entrepreneur. Numerous government agencies issue licenses. Which one should you contact? It depends on the type of activity. For example, a license to provide many types of trucking services is issued Federal Service on supervision in the field of transport, audit companies receive licenses from the Ministry of Finance of Russia, licenses for the production of medical equipment and the provision of medical services issued by Roszdravnadzor, and for a license to provide security services, you need to apply to the Ministry of Internal Affairs of Russia. In total, in our country there are almost 30 state bodies involved in licensing activities.
The responsibility of such bodies is not only the issuance of licenses, but also their annulment, suspension, maintenance of registers of organizations that have received a license, as well as monitoring compliance with the relevant conditions.
There are also private commercial organizations, providing consulting assistance in licensing - they help to collect a package of documents and overcome all bureaucratic obstacles.
It is important to remember that licensing activities is not an act of goodwill on the part of the entrepreneur, but a requirement of the law, for the violation of which sanctions are provided.
What types of activities are subject to licensing
Today, the law identifies about 50 areas of activity for which a license is required. In particular, the following are subject to licensing:
- lending;
- any activity, one way or another related to the protection of state secrets;
- production and circulation of ethyl alcohol and products containing alcohol;
- communication services;
- pharmaceutical activity;
- services of private security agencies;
- production, installation and maintenance of medical equipment;
- exchange activity;
- services in the field of customs;
- Notary Services;
- insurance services;
- foreign economic operations;
- international passenger and cargo transportation;
- sale of weapons and ammunition;
- use of the results of intellectual activity;
- television and radio broadcasting;
- use of natural resources;
- educational activities and more.
This is just the main part of the extensive list of activities for which a license is required.
Important!
The list of most types of work and provision of services for which licenses are required is contained in Article 12 federal law No. 99-FZ. This licensing is subject to industry laws. For example, credit organizations obtain licenses in accordance with the norms of the Federal Law of December 2, 1990 No. 395-1 "On Banks and Banking Activity".
Wanting is not getting a license: requirements for organizations
The licensing procedure is quite complicated and requires the applicant to meet certain requirements. It is necessary to have an appropriate technical base for the activity (moreover, necessary equipment must be owned and have proper documentation), premises, a staff of qualified specialists, a production control system, an authorized capital of a certain size, no debts, and much more.
On a note
According to article 333.33 of the Tax Code of the Russian Federation, for most types of activities, the state duty for obtaining a license is 7,500 rubles. But there are exceptions to this rule. For example, to obtain a banking license, you will have to pay 0.1% of the authorized capital, but not more than 500,000 rubles. A license for the production of alcohol-containing products costs from 800,000 rubles, and for the retail sale of alcohol - 65,000 rubles per year.
There is no short and simple answer to the question of how to obtain a license, at least because the rules and conditions for licensing depend on the type of activity for which a license is obtained.
However, regardless of the type of activity, obtaining a license requires:
- application for a license, drawn up in the form;
- copies of documents evidencing the compliance of the license applicant with the licensing requirements (their list is determined by the regulation on licensing a particular type of activity);
- a package of constituent documents of the company;
- receipt of payment of state duty for granting a license.
Procedure for obtaining a license
The licensing procedure involves the passage of several stages.
First you need to pay the state fee, as the receipt for its payment is included in the package required documents. Then you need to collect all the papers that will be needed to obtain a license, and here you should be extremely careful, since the absence of even one document will become an obstacle in obtaining a license.
- name, organizational and legal form of the company, legal and actual address, email address and telephone number, state registration number of the legal entity and the name of the registration authority, indicating its address;
- TIN and data of the document on registration with the tax service;
- licensed type of activity;
- details of the receipt for payment of the state duty;
- data of documents confirming the compliance of the licensor with the requirements for the licensed type of activity.
The application, together with a supporting package of documents, is submitted to the relevant licensing authority. According to the Decree of the Government of the Russian Federation of July 16, 2012 No. 722 “On approval of the Rules for the provision of documents on licensing issues in the form electronic documents”, submission of electronic documents is allowed.
By law, within three working days you will be informed whether the documents have been accepted for consideration. A positive answer does not yet mean that the license is practically in your pocket - it only means that the documents have been provided in full. It also happens that the licensing authority refuses to accept papers, as a rule, this is due to the fact that some document is missing. Then officials issue a notice about the need to eliminate the defect. 30 days are allotted for this.
If the documents are accepted for consideration, you will have to be patient. The licensing procedure takes 45 days from the date of application. During this time, the licensing authority will check all the papers and the accuracy of the information indicated in them, as well as the applicant's compliance with the requirements. After that, an order for issuing a license is issued. Within three days after signing the order, it is handed over to the representative of the company or sent to him by post.
A license to operate is not only rights, but also obligations. Keep in mind that government agency Your license issuer will review you periodically. Inspections can be either scheduled or unscheduled.
The schedule and frequency of scheduled inspections depends on the type of activity, usually they are carried out every one to three years. If the controller discovers violations during this review, you will have 30 days to correct them. Otherwise, the license will be suspended, and data on this fact will be entered in a special register. In case of ignoring the requirements by the businessman, after the expiration of the designated period, the license is canceled.
Extraordinary inspections are carried out when violations are detected during previous inspections, when reports of such violations are received by the body, and so on.
Sometimes circumstances are such that the license has to be reissued. The reissuance procedure is in many ways similar to the process of obtaining a license, however, the state duty in this case is less, and its size depends on the reason for the reissuance. If the reissuance of an activity license is required during the reorganization of a legal entity, a change in the legal address and name of the company, or a change in the actual or legal address of the activity, the cost of the procedure will be 3,500 rubles. In other cases, the reissuance fee is usually 750 rubles.
Although the process of obtaining a license may seem troublesome, obtaining this paper is necessary. Working without a license is considered administrative offense and is punishable by fines, confiscation of products, production equipment, raw materials, and in some cases - suspension of activities.
Preparation for obtaining a license is not an easy and painstaking task, requiring special attention. However, this is a perfectly feasible procedure. If you are still not sure that you did everything right, it is better to start the procedure with a consultation in a reliable law firm, which provides support at all stages of obtaining a license to operate.
Help with licensing
About who and how can help with obtaining, reissuing or renewing a license, says the chairman of the Moscow Bar Association, candidate of legal sciences Victoria Anatolyevna Shakina:
“Licensing is especially relevant for new companies or organizations that are expanding the scope of their activities. And legal support for business, including assistance in obtaining or reissuing a license, is one of the main and most demanded areas of work of the Moscow Bar Association "YurCity". And this is not surprising: obtaining a license is a laborious process and requires knowledge of the specifics. In the absence of experience and skills in working with legal documents, the chances of an applicant being denied a license are too high. As a result, this can lead to serious losses due to the impossibility of the full functioning of the company in the chosen industry.
You can minimize the risk of rejection by contacting experienced lawyers. Our specialists will help determine the client's readiness to obtain a license, assess the risks and develop measures to neutralize them, competently prepare the application documentation, monitor its passage through all stages of each bureaucratic procedure and approval. Our success will be the success of your business!”
Editorial opinion
Remember that each type of activity requires a separate license. For example, if your company is engaged in the manufacture of medicines and the production of medical equipment, you will need two licenses - one for each line of business.
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