Opening a private business is fraught with many difficulties that any novice entrepreneur has to go through. Everything is compounded by the fact that the rules for issuing IPs are constantly changing, and it’s quite difficult to figure out all the intricacies of paperwork on your own.
Not everyone is familiar with the concept of licensing legal entities. Nevertheless, it is very important to learn more about the procedure for obtaining a license, as otherwise you can violate the law without even realizing it. In turn, this may entail penalties.
Licensing of legal entities: what is it
The license is an official permit that allows a specific type of entrepreneurial activity to be carried out by citizens who have previously registered an IP or LLC. A paper document is issued, and it can also be obtained in the form of an electronic file.
If a particular type of activity is included in the official list of licensed persons, then an individual or legal entity does not have the right to engage in this business without obtaining appropriate permission.
When is a license needed?
Licensing the activities of legal entities and individual entrepreneurs is an obligatory procedure that owners of a certain type of business must go through. Today, this list includes a huge number of diverse activities. The most popular of them:
- security;
- Pharmaceuticals
- Taxi;
- sale and sale of alcohol;
- management of multi-unit residential buildings.
If we talk about the business of developing artesian wells developing today, this type of activity is also included in this list. Moreover, the law relating to such entrepreneurship has been tightened.
Well licensing for legal entities
Since 1992, entrepreneurs engaged in this activity were required to obtain licenses. However, until 2016 there were no quality control procedures and the number of wells drilled in the Russian Federation. In turn, random production of water (subsoil use) from wells could lead to depletion of natural resources and pollution of existing sources.
In this regard, global inspections began throughout the country, which revealed a huge number of violators. That is why today, even in the private sectors, such procedures are carried out.
Accordingly, licensing water wells for legal entities and ordinary citizens is a mandatory procedure, non-observance of which may lead to fines. Obtaining a license is necessary both for drilling a conventional artesian well and for equipping industrial water sources.
In this case, individuals must pay 3-5 thousand rubles to obtain a document. If we are talking about the owners of their own business, then the amount varies within 50 thousand rubles. If violations are discovered, the fine for IP owners can be up to 1 million. For more information, see the Federal Law "On Subsoil".
When to apply for a license
Licensing of certain types of activities of a legal entity is carried out exclusively after the business is registered as an individual entrepreneur or LLC. However, it is best to study the list of types of activities for which a license is needed, even at the stage of registering your business. This will significantly speed up the process of obtaining permission.
In some cases, licensing may take place some time after opening a business.
Obtaining a license
Licensing of legal entities takes place in several stages. First, the entrepreneur draws up an appropriate statement, the form of which will differ depending on the field of activity. It is necessary to attach copies of documents confirming the fact of opening an IP or LLC and a receipt on payment of state duty. Typically, the contribution is 7.5 thousand rubles. However, it all depends on the type of business. Therefore, it is worthwhile to study article 333 of the Tax Code of the Russian Federation in more detail.
After this, the prepared package of documents should be transferred to the licensing authority. His choice depends on the field of activity, so before submitting papers it is worth examining the list of federal organizations issuing such permits. It can be found on the Internet or in Government Decision No. 957.
At the next stage of licensing the activities of legal entities, it is necessary to wait for the decision of the state body.
Permission denied
Not always the state body issues a license. Refusal can be obtained if the applicant:
- provided false information;
- Does not meet the requirements of licensing legal entities;
- previously refused to carry out the same type of activity.
In this case, the state duty is not refunded. However, the applicant may challenge the decision of the licensing authority in court.
Obtaining a license
If the government body has decided to issue a permit, the applicant will receive a notification. After that, the license is signed and registered within 3 business days and transferred to the entrepreneur.
At the same time, you can receive the original document personally by visiting the licensing organization or by ordering permission by registered letter.
License renewal
In some situations, obtaining a new permit is required. Such a procedure is performed in case of:
- company reorganization;
- change of organization name;
- change of legal address;
- change of surname, name, patronymic or address of registration of individual entrepreneurs;
- changes in the scope of the company or the services provided.
In order to reissue a license, it is necessary, first of all, to prepare an appropriate application and attach to it copies of all papers confirming the fact that some company data has changed. The list of documents in this case depends on the specific field of activity of the organization, so it is better to clarify it in advance.
After this, it is necessary to pay the state fee for the renewal of the permit. If the license is obtained repeatedly because the list of services or the address of the company has changed, the cost of the procedure will be 3.5 thousand rubles. If other factors appear (changing the name of the individual entrepreneur, etc.), you will need to pay only 750 rubles.
At the next stage, a package of documents and a receipt on payment of state duty are submitted to the licensing authority. In this case, the application must be submitted to the state organization no later than 15 working days, after changing the data of the Unified State Register of Legal Entities.
The term for consideration of documents is 3 business days, after which the applicant receives a positive or negative response on the renewal of the license. If it is decided to issue a new permit, then the data is checked for another 10 days. The applicant may then obtain a new license.
It is also worth considering the fact that the permit may be suspended forcibly. This happens if:
- the applicant was brought to administrative responsibility due to failure to fulfill obligations or in case of violation of licensing requirements;
- the company’s activities are carried out with gross violations, and the business owner does not pay fines and does not reorganize the company.
Therefore, before issuing a permit, you should take care that the legal entity does not violate the requirements of the law.