What is the right to IP. Official duties of an individual entrepreneur for a resume

The buildings 21.09.2019
The buildings

Registration of a citizen as an IP gives him a special provision that reflects the rights and obligations individual entrepreneur. Immediately, we note that the unified list of rights and obligations does not exist, since today the regulation of entrepreneurial activity is carried out by many regulatory acts.

Rights and obligations of an entrepreneur

In most cases, the most interest is caused by novice entrepreneurs the rights that they acquire during registration.

Rights IP

The main right of the PI is the possibility of implementing independent entrepreneurship in any sphere that is not prohibited by applicable law.

The entrepreneur has the right to make any commercial operations aimed at making a profit to act as a contract.

As part of the implementation of the IP business, it has the right to act as an employer.

In addition, legislation provides for the opportunity to open settlements In banks for settlements with customers and suppliers. All these rights, in turn, impose certain responsibilities on IP, which are also due to the specifics of its legal status.

We note another important point: the registration of an individual as an individual entrepreneur does not deprive its general civil rights guaranteed to every citizen of the Russian Federation. For example, entrepreneurial activities are included in the general work experience of a citizen, which allows him to receive a labor pension. Also, the IP also apply to other rights that are presented to him due to certain provisions of the legislation. For example, to obtain a pension for disability or labor pension to achieve retirement age.

Responsibilities IP

Various legislative acts regulate the activities of entrepreneurs as part of their activities. The duties of an individual entrepreneur are a totality of actions that he must fulfill the society, state or other participants in economic activity.

At the same time, the list of such obligations is extremely wide and is fragments, as it is contained in a large array of legislative acts.

Among the duties of entrepreneurs can be distinguished by several groups:

  • The generals - those assigned to every citizen. For example, all the male faces of the draft age, suitable for health, are obliged to undergo an urgent military service. And registration as an individual entrepreneur does not exempt from this duty.
  • Organizational and legal - related to organizational issues of entrepreneurial activities. For example, to provide medical services, the entrepreneur must obtain a license for this species Activities.
  • Entrepreneurial - those provided for all entities of business activities. For example, in a timely manner tax reporting, pay taxes.
  • Agreement - those who are obliged to fulfill an entrepreneur under the terms of contracts concluded with customers, suppliers, etc.
  • Labor - those assigned to the entrepreneur when he acts as an employer. For example, provide secure Conditions labor, timely payment, etc.

Thus, in the process of carrying out activities on an entrepreneur, a large array of a wide variety of obligations, which he should different time Perform. We note another nuance: often novice entrepreneurs are trying to find the official duties of the IP. But such a search is incorrect, since the individual entrepreneur is a special legal status individual, organizational and legal form of business entity, and not. Therefore, the entrepreneur cannot be duties. All of his responsibilities are governed exclusively by law and cannot be contained in any local acts.

Observance of rights and obligations

The rights and obligations of the entrepreneur are under control and protection by the authorized state bodies. Any IP is entitled to appeal to them to restore their violated rights and legitimate interests. At the same time, it can be liable for the legislation, in case of non-fulfillment of duties assigned to it.

It should be remembered that the legal system is built as follows: the right of the first, ensured by the responsibilities of the second, and the rights of the second are the responsibilities of the first. Therefore, non-compliance with its obligations leads to a violation of someone's right, which entails certain sanctions.

To date, many economic law specialists indicate the need to create a single regulatory act, where all rights and obligations of the individual entrepreneurs will include, which are now contained in existing regulatory legal acts. different levels and departments. This will make a clearer view of them in entrepreneurial environmentAnd will also give the opportunity to form a more thoughtful policies to support small business.

But as long as this legislative document is not accepted, the beginning of the IP makes sense to familiarize themselves with the civil and tax codes, their sub-laws regulating business activities. And it will not be superfluous to explore the current legal framework regarding the planned type of management.

All this will give an opportunity even at the start of the business to have a clear idea of \u200b\u200byour legal position, thereby probability to make a mistake, for example, do not fulfill the obligation or not to use any right, will be minimized.

IP no problem: video

Individual entrepreneur- individualRegistered in the manner prescribed and leading entrepreneurial activities without the formation of a legal entity.

An individual leading entrepreneurial activities without the formation of a legal entity, but not registered as an individual entrepreneur in violation of civil law requirements Russian FederationIn the performance of the duties assigned to them by this Code, it is not entitled to refer to the fact that it is not an individual entrepreneur.

Based federal Law "On registration legal entities and individual entrepreneurs »Functions state registration Individual entrepreneurs carry out an authorized body. Today, the Decree of the Government of the Russian Federation it was established that this is the Federal Tax Service of the Russian Federation, in particular in Moscow of the FTS of the Russian Federation No. 46 in Moscow.

The entrepreneurial activities of citizens carried out without the formation of a legal entity are applied accordingly, the norms of the Civil Code of the Russian Federation, which regulate the activities of legal entities that are commercial organizations, unless otherwise follows from the law, other legal acts or the creatures of legal relations.

The status of an individual entrepreneur an individual acquires at the time of state registration as such and receiving the appropriate certificate in the tax authority containing a number in the Unified State Register (Eagip). From this point on, the individual entrepreneur carries the responsibilities established by tax legislation that relate to, in particular, paying taxes and submitting relevant tax reporting.

Individual entrepreneur by proxy

Issuance by the individual entrepreneur notarized power of attorney to face, which on behalf of an individual entrepreneur operates activities. In case of violation of the law by a trustee, the individual entrepreneur arises responsibility.

Rights and obligations of individual entrepreneurs

1. An individual entrepreneur has the right and carries the responsibilities necessary for the implementation of any types of entrepreneurial activities that are not prohibited by law, as a legal entity.

2. The activities of the entrepreneur may be based on hired labor, which follows from Art. 3 of the Civil Code of the Russian Federation.

3. The entrepreneur is not entitled to create enterprises, remaining the owner of the property transferred to them, because commercial organizations can be created exclusively in those organizing legal formswhich are provided for them in the Civil Code of the Russian Federation. When creating property transmitted in the formation authorized capitalwill belong an exceptionally legal entity. And only when liquidation after all settlements with creditors, including tax and fees, property will be returned to the founder - entrepreneur.

4. Individual entrepreneurs can lead production activities Collectively on the basis of an agreement of a simple partnership, by virtue of which two or several persons (comrades) undertake to combine their deposits and jointly act without the formation of a legal entity to extract profits or achieve another, which does not contradict the law of the goal (joint activity agreement).

Employee employees with an individual entrepreneur

1. The entrepreneur without the formation of a legal entity enjoys the right to hire workers. According to the previous legislation, a citizen who carries out entrepreneurial activities without the formation of a legal entity has not entitled to use hired labor. Now he can do it, which flows directly from paragraph 3 of Art. 25 Civil Code of the Russian Federation, according to which individual entrepreneurs can conclude labor contracts with citizens.

2. The basis of the occurrence labor relationship between the employee and the employer is labor contractdetermining individual conditions on which the employee works at the enterprise in the institution, organization, regardless of the forms of ownership, on which it is based. The employment contract is an agreement between workers and an enterprise, an institution, an organization on which the worker undertakes to perform work on a certain specialty, qualifications or position with subordination internal labor routine, and the enterprise, institution, the organization undertakes to pay the worker wages and provide working conditions provided for by labor legislation collective contract and agreement of the parties.

3. It should be limited to the concept of an employment contract from adjacent civil law contractsAlso related to labor activity, since only persons who have entered into employment contracts are subject to labor legislation.

4. The subject of civil legal contracts is only a certain deal of labor, the implementation of an individual specific employment assignment (order, instructions), carried out without submission to the performer of the internal labor regulation of the enterprise. Such contracts include: a contract of a contract performed by the personal labor of a citizen, an agreement of the assignment; Author's treaty, agreement on the implementation of research and development work.

5. Labor books are the main document on labor activity workers. They are conducted on all employees who have worked at the employer over 5 days. The requirement to conduct labor books by the employer is also contained in the Law of the Russian Federation "On employment of the population in the Russian Federation". However, new

Labor Code of the Russian Federation (Part 3 of Art. 66) Employers - individuals are prohibited labor books Persons who are hiring for work, and make entries into it on acceptance of people who work for their employment. In this case, a document confirming labor employment A person will be an employment contract that can be registered in local governments (for counting experience and other factors).

6. The entrepreneur is obliged to pay all insurance premiums in hiring employees (FOMS, PF, etc.)

The law on the sanitary and epidemiological well-being of the population.

Chapter II. Rights and obligations of citizens, individual entrepreneurs and legal entities in the field of ensuring the sanitary and epidemiological well-being

Article 9. Rights of individual entrepreneurs and legal entities

Individual entrepreneurs and legal entities have the right: to receive in accordance with the legislation of the Russian Federation in the bodies state power, local governments, bodies implementing public sanitary and epidemiological supervision, information on the sanitary and epidemiological situation, the state of habitat, sanitary rules;

to participate in the development of federal executive bodies, the executive authorities of the constituent entities of the Russian Federation, the bodies of local self-government measures to ensure the sanitary and epidemiological well-being of the population; For compensation in full damage caused by their property due to violation by citizens, other individual entrepreneurs and legal entities of sanitary legislation, as well as in the implementation of sanitary and anti-epidemic (preventive) measures, in the manner prescribed by the legislation of the Russian Federation.

Article 11. Responsibilities of individual entrepreneurs and legal entities

Individual entrepreneurs and legal entities in accordance with the activities carried out by them are required:

fulfill the requirements of sanitary legislation, as well as decisions, prescriptions and sanitary and epidemiological conclusions

state Sanitary and Epidemiological Supervision of Officials; develop and conduct sanitary-anti-epidemic (preventive) events;

ensure the safety of human health of the work performed and the services provided, as well as production and technical products, food products and goods for personal and domestic needs in their production, transportation, storage, the population;

realize production control, including through laboratory research and testing, for compliance with sanitary rules and conducting sanitary and anti-epidemic (preventive) measures when performing work and services, as well as in production,

transportation, storage and sale of products;

work on the substantiation of safety for a person of new types of products and technology of its production, safety criteria and (or) harmfulness of habitat factors and develop methods of monitoring the factors of habitat;

in time to inform the population, local governments, bodies carrying out public sanitary and epidemiological supervision, on emergency situations, stopping production, violations technological processescreating a threat to the sanitary and epidemiological well-being of the population;

in stock Officially published sanitary rules, methods and methods of monitoring environmental factors; Implement hygienic training of workers.

Individual entrepreneur Tax payment procedure

The taxpayer is obliged to submit tax Declarations within the prescribed period, regardless of the results of its activities. That is, even if the individual entrepreneur in the reporting (tax) period was not carried out, he is obliged to submit to tax authority "Zero" declaration for each taxpayer of which he is.

Article 28 of the Federal Law of December 15, 2001 No. 167-FZ "On compulsory pension insurance in the Russian Federation" Individual entrepreneurs, lawyers, notaries engaged in private practicemust pay insurance premiums in the form of a fixed payment.

The term of payment of insurance premiums in the form of fixed payments is no later than December 31 of the current year.

In case of termination of the insurance workers in installed manner Until December 31 of the current year, a fixed payment payable in the current year is paid for the actual period of activity later dates Her termination.

In case of non-payment (untimely payment) of a fixed payment, insurers are responsible in accordance with the legislation of the Russian Federation.

Clause 4 of the information letter of the Presidium of the Supreme Arbitration Court of 11.08.2004 No. 79 established that an individual entrepreneur is obliged to pay insurance premiums in the form of a fixed payment and in the case when entrepreneurial activity does not actually implement. The obligation to pay insurance premiums arises by the law and does not change due to lack of money (income) at the entrepreneur.

The status of an individual entrepreneur in Russia provides its owner a number of different rights and opportunities. However, at the same time, additional responsibilities are imposed on entrepreneurs, the violation of which leads to the liability of various nature. Consider what legitimate rights, responsibilities and responsibilities are.

Table of contents:

The main rights of the entrepreneur in Russia and their types

Before you begin to directly consider the rights of the PI, you should know what they can be, and what regulatory acts provide their legal regulation. In general, relying on the provisions of the current Russian legislation, the rights of the entrepreneur can be divided into the following types:

  • Constitutional. The Constitution of the Russian Federation is a fundamental document establishing the general rights and obligations of citizens of Russia and foreigners located in the Russian territory. Including, is considered by the Constitution and the maintenance of entrepreneurial activities. However, for a more accurate interpretation of the possible rights and obligations of the entrepreneur, on the basis of the Constitution and without contradiction, other laws and regulatory documents are accepted.
  • Entrepreneurial. Entrepreneurial rights of the Russian Federation include a full range of possible rights associated with the implementation of the immediate economic and economic activity Such persons. Regulation of such rights can be ensured by a number of federal documents operating on the Russian territory. In addition, individual adjustments and at the level of the subjects of the Russian Federation, individual districts and municipalities may be made to such rights. The main document considering entrepreneurial activities in general issuesis the Civil Code of the Russian Federation.
  • Tax. These rights include the right of an entrepreneur for equitable taxation, the use of preferential taxation regimes established by the law, providing a delay in the payment of fees and other fees to the payment of preferences, if necessary. Regulation of tax rights entrepreneurs is enshrined, first of all, the provisions of the Tax Code of the Russian Federation.

note

Individual entrepreneurs are individuals and lead activities without the formation of a legal entity. Thus, as individuals, and as entities of entrepreneurial activity at the same time, they can use the full range of civil and universal rights established by the Constitution and other regulatory acts. That is, they retain the right to health care, education, social guarantees and other privileges provided for by law, if it does not say the opposite.

In general, the rights of entrepreneurs are extremely wide, but the main of them can be denoted by simple theses. So, each individual entrepreneur has the right:


Responsibilities of individual entrepreneurs in Russia

Speaking in general, the obligations of an individual entrepreneur entirely occur from its rights and regulations of the current legislation and the Constitution of Russia. It should be remembered that since the individual entrepreneur is also an individual, the general duties also apply to it. Existing duties are designed primarily to protect the rights of other citizens and entrepreneurs, the state and the law.

In general, the obligations themselves are not indicated by a direct list in regulatory documentsHowever, they can be distinguished by the following main provisions:


note

Failure to fulfill the entrepreneur of its standard duties leads to the fact that it may be liable for such actions or inaction.

Responsibility of an individual entrepreneur

In case of violation by the entrepreneur of the rights of its employees, partners, third parties and the state, if such violations arose by his fault, he will be responsible for them. At the same time, the scope of responsibility of the individual entrepreneur is extremely wide, as it is an individual and cannot just get rid of responsibility by passing the bankruptcy procedure. Bankruptcy An individual entrepreneur can declare only as an individual, which will mean the complete absence of funds from him to fulfill the requirements of the creditor, including the personal property rights of the entrepreneur itself.

Businessman can carry different kinds Responsibility, for example:

  1. Civilian. Civil liability is one of the most common types of responsibility, as it may not be associated with violation of the standards of administrative law or criminal law. In general, it is to civil claims that the majority of claims are about violating consumer rights, non-compliance with the provisions of concluded contracts and other transactions.
  2. Administrative. Under the administrative responsibility of the individual entrepreneur, disorders are implied in the course of entrepreneurial activities that have a threat to public or state order and violate the relevant principles of statehood and administrative law, but do not cause significant harm to individuals.
  3. Criminal.Criminal liability of individual entrepreneurs may occur only in exceptional cases, if the question concerns the implementation of entrepreneurial activities. In general, a major sign of criminal responsibility is a serious violation of the rights of specific persons and applying obvious harm, as well as an attempt on appropriate actions.
  4. Material.Material responsibility is that damage caused by their actions, the entrepreneur must pay in order of compensation for the material side of the damage caused. Wherein material liability It may concern both civil and administrative or criminal violations.

The above-mentioned types of responsibility are applied most frequently. However, there are other ways to classify responsibility. For example, under legal responsibility means any responsibility of the entrepreneur for the accuracy of the current documents concluded on his behalf.

Individual entrepreneur - an individual registered in the manner prescribed and leading entrepreneurial activities without the formation of a legal entity.

A physical person who leads entrepreneurial activities without the formation of a legal entity, but not registered as an individual entrepreneur in violation of the requirements of civil law of the Russian Federation, in the performance of duties assigned to them by this Code, it is not entitled to refer to the fact that it is not an individual entrepreneur.

Based on the Federal Law "On Registration of Legal Entities and Individual Entrepreneurs", the functions of state registration of individual entrepreneurs carry out an authorized body. Today, the Decree of the Government of the Russian Federation it was established that this is the Federal Tax Service of the Russian Federation, in particular in Moscow of the FTS of the Russian Federation No. 46 in Moscow.

The entrepreneurial activities of citizens carried out without the formation of a legal entity are applied accordingly, the norms of the Civil Code of the Russian Federation, which regulate the activities of legal entities that are commercial organizations, unless otherwise follows from the law, other legal acts or the creatures of legal relations.

The status of an individual entrepreneur an individual acquires at the time of state registration as such and receiving the appropriate certificate in the tax authority containing a number in the Unified State Register (Eagip). From this point on, the individual entrepreneur carries the responsibilities established by tax legislation that relate to, in particular, paying taxes and submitting relevant tax reporting.

Individual entrepreneur by proxy

Issuance by the individual entrepreneur notarized power of attorney to face, which on behalf of an individual entrepreneur operates activities. In case of violation of the law by a trustee, the individual entrepreneur arises responsibility.

Rights and obligations of individual entrepreneurs

1. An individual entrepreneur has the right and carries the responsibilities necessary for the implementation of any types of entrepreneurial activities that are not prohibited by law, as a legal entity.

2. The activities of the entrepreneur may be based on hired labor, which follows from Art. 3 of the Civil Code of the Russian Federation.

3. The entrepreneur is not entitled to create enterprises, remaining the owner of the property transferred to them, because Commercial organizations can be created exclusively in those organizational and legal forms, which are provided for them in the Civil Code of the Russian Federation. When they are created, the property transmitted in the formation of the authorized capital will belong to an exclusively legal entity. And only when liquidation after all settlements with creditors, including tax and fees, property will be returned to the founder - entrepreneur.

4. Individual entrepreneurs can conduct production activities collectively on the basis of an agreement of a simple partnership, by virtue of which two or several persons (comrades) undertake to combine their deposits and jointly act without the formation of a legal entity to extract the profit or achieve another, which does not contradict the goal (Agreement on joint activity).

11. Civil law agreement: concept, content, types.

Civil law agreement: concept, content, types

Property turnover as a legal expression of commodity and market connections is made up of numerous specific acts of alienation and assigning property (goods) committed by owners or other legal owners. The most important legal act reflecting the mutual interests of equal products and their free and coordinated will, is a civil contract (GPA). In the market economy, the GPA becomes the main way to regulate economic relations. With the help of GPA, economic relations are subject to self-regulation of their participants as the most efficient way Organization of economic activity. GPD, being necessary form Commodity, developed and became more complicated as the exchange itself. The classic RP distinguished the "Agreement" - Conventio (as a coordinated will of the Parties) and the "contract" contractus (as the basis of obligations arising between the parties). The parties in the contract became known as counterparties. In the modern GP, \u200b\u200bthe concept of GPA became multi-valued: a) the transaction, as the coinciding will of the participants (agreement), aimed at establishing, changing or termination of certain P and O; b) legal relations arising from the conclusion of a transaction (GPD) - contractual obligations; c) the form of the agreement (transactions) is a document fixing P and on the parties. The current law recognizes agreement agreement 2 or several persons on the establishment, change or termination of civil rights and responsibilities (Article 420). In this sense, the contract is a type of transaction and is characterized by 2 basic features: a) the presence of agreed actions of participants expressing their mutual willing; b) the focus of actions on y, and or n civilian P and O. This consists of the main GP effect of the contract, which ensures the connectedness of its counterparties with the relevant obligatory legal relationship. At the same time, it is necessary to distinguish the concepts of "contract" and "deal". P and about counterparties under the contract are obligations of the parties and constitute the content of the GPA, and the transaction only defines them and makes legally valid. Principle of Freedom of GPD: a) Freedom of the conclusion of the contract and the ban on the coherent to entry into contractual obligations; b) freedom to determine the nature of the concluding contract (including mixed GPD - elements of different types of GPD); c) freedom to determine its conditions (content), restrictions are established only in order to protect public interests. The content of the GPA is a combination of conditions agreed by its parties that enshrine the rights and obligations of counterparties and the components of the contractual obligation. Conditions in GPA are set forth in the form of individual items. Applications and additions - as part of the GPA. The essential conditions of the GPA recognize all the conditions that require approval, because, in the absence of an agreement of the parties, at least one agreement is recognized as an inconclusive, i.e. Non-existent (Article 432). This: conditions on the subject of the contract; Conditions directly mentioned in law or other NPA as significant; Conditions are mandatory for this type of contract; Conditions regarding whom, according to one of the parties, an agreement should be reached. Other conditions of the GPA: specifying the term of execution; Studying additional quality issues, completeness, etc.; Terms of responsibility and others. Types of GPD: 1) Agreements (transactions) - a) Real (in addition to the agreement, or a thing indulges, or certain actions are made) and consensual (generating GP and on the conclusion of the agreement) of the transaction; b) compensated (contains counter-obligations on the provision of material or other good) and free (there is no counter satisfaction of the other side) of the transaction; c) Causal (clearly defined the legal goal, which is persecuted: D purchase and sale - a specific product) and abstract (divided from its foundation, its reality does not depend on the purpose of the transaction: the issuance of the bill) of transactions, d) fiduciary (based on special, personally -Work relationship - order) transaction. Required transactions are: exchange and risky or aliator (betting and transactions for playing games).

Taking responsibility to be called and being an individual entrepreneur, every citizen of the Russian Federation acquires new rights, but at the same time imposes new responsibilities, according to which entrepreneurial activities are being conducted. The obligations of an individual entrepreneur make its work structured, legal, responsible for accounting and control. These rules are especially valuable when you understand how many entrepreneurs in the country! They all should play on the same rules. Therefore, let's consider in detail all the responsibilities of the entrepreneur why they exist, and what consequences of them flow out.

1. Each entrepreneur must observe existing laws states. It should be remembered that the businessman is subject to the laws that relate to its economic activity, and his own, as a person. Therefore, it is necessary to know the provisions of criminal and administrative codes, tax legislation, pension, antimonopoly, and many other legislative acts. Compliance with laws will give an entrepreneur right to free their work, as well as enjoy all his rights.
2. Each step in entrepreneurial activities related to monetary operations is necessarily documented, namely, a contract for the provision of services is drawn up for the supply of goods, for sale or buy something, as well as for payment for all this. All nuances of the transaction are prescribed in the contract, the failure to decrease the quality of work. The entrepreneur is obliged to comply with the fulfillment of all points of contracts that it concludes, and, therefore, to clearly fulfill all its obligations that are spelled out in the treaties.
3. If the type of business of the entrepreneur is determined by law as a licensed, then the duties of an individual entrepreneur enters the license. Also, an individual leading entrepreneurial activities is obliged to receive permits, patents, certificates and other documents that are permitted if the receipt of this is included in the list of mandatory documents of the entrepreneur leading a certain type of activity. See all lists of areas of work that require special documents can be on the websites of permits and on the site of the body that issues all legislative acts - State Duma. Also all these lists are in information systems "Garant", "Consultant" and others.
4. An individual entrepreneur is obliged when admission to the work of employees to conclude a contract with them, the provision of services, the performance of works, etc. At the same time, it will be obliged to do all payments that need to be in the Pension Fund, to the Social Insurance Fund, to the Mandatory Medical Insurance Fund . At the same time, the Treaty should stand the real price that the entrepreneur paid an employee for his services. Many businessmen go from taxes in this way - indicating the minimum salary in the contract, and the remaining money is given in cash. This payment method has some soil under it, but it is necessary to understand that this is the departure from taxes and violation of the rights of an employee who does not receive the necessary pension savings cannot take a loan and others. And besides, the entrepreneur itself risks. After all, if someone from disgruntled employees will appeal to the labor inspection, then the employer will have great trouble for incorrect design under labor legislation, and it is possible to obtain very serious claims for treating taxes.

5. If the work of the entrepreneur harms the environment, ecology, then the obligations of the entrepreneur enters all measures to minimize this harmful effects. If such is not fully possible, then it is obliged to pay to environmental services, they organize a number of measures aimed at improving this money. ambient. This duty is very important not so much for the state as a whole, as for people who live next to a businessman. And this is his family, acquaintances, colleagues, friends, - specific people. The consciousness and consciousness of the entrepreneur play a big role in the performance of this duty.

6. Every businesswoman must insure their employees. Many owners own business Sovie property is insured, its own business from the unsuccessful development of external and internal events. But this is a voluntary business. But to insure workers - the obligation to Labor Code. Carrying out such insurance, the businessman provides its personnel payment hospital sheets, maternity, payment of pensions and disability benefits, etc.

7. All previous items, one way or another, concerned one duty that we will withdraw into an independent thought. Each entrepreneur is obliged to pay taxes into all types of budget - to the local, regional, state. Different types Taxes go to different budgets. And this is a state pocket, figuratively speaking, so that several structures have been created in the country, which are obliged to ensure that the taxes go to the budget on time. This is the tax inspectorate, and the tax police, and all the bodies of the taxes are various funds.

8. The entrepreneur is obliged to comply with all the rights of consumers. In each municipality, there are departments for the protection of consumer rights, similar committees are under regional governments, thinks. These committees and departments disassemble all complaints and claims for non-compliance with the rights of consumers. Simply put if your client is unhappy with something, it can initiate an entrepreneur check for the quality of goods or service. A novice entrepreneur, by the way, it is here that the necessary regulations that relate to its activities can receive. Employees of such structures help not only consumers, but also to entrepreneurs themselves. After all, often consumers are preventing not entirely correct requirements, they have to clarify what they can claim, and what is not.

9. Throughout the life of the IP on the market, many events may occur in the life of the entrepreneur. They entail changes in documents. For example, a woman can get married, change the surname, can change the registration, place of residence, including the area and the city. Even the type of activity can undergo changes. Each individual entrepreneur is obliged to submit documents in time, statements, on making changes to all accounts in tax Inspection, in various funds, in statistical authorities. Invoyable changes are fraught with fines, and they will still have to contribute. Therefore, every entrepreneur must know how and when to make changes to the documents.

We set out several types of liability of the entrepreneur. And the last of them concerns exactly the observance above the above. For each violation, the entrepreneur is responsible as administrative and criminal.

Consider all types of responsibility for the obligations of the entrepreneur. Even if you are still new to entrepreneurship, you already know that an individual entrepreneur in the event of bankruptcy pays with creditors of its own property. Also, the property responsibility of the individual entrepreneur comes in many other cases: according to the unfulfilled contractual obligations, if there is incorrect information about him on the product, if the entrepreneur disseminates the information that is falsely in the competitors, if the production is used by someone else's trademark, and in many other cases.

As we have already spoken more than once, IP has no bankruptcy procedure. Therefore, all responsibility for the result of economic activity lies on an individual entrepreneur. The payback of its own property will be carried out in the case of financial insolvency only on the obligations that were issued by treaties are confirmed by accounts and acts of work performed. The individual entrepreneur has the opportunity to escape from punishment for violations in case he can prove that at the time of violation, the circumstances of force majeure acted. it natural disasters, social excitements. But the violation of the obligations of the partner, the lack of raw materials on the market, the lack of money from the IP does not include such circumstances, and does not take responsibility.

Rights of entrepreneur

1. The entrepreneur has unlimited rights to engage in any kind of activity that is not prohibited by the law of the country. Determine which kinds of economic activities are not prohibited, very simple. If you are in the market you see repeated examples of such activities, it is legal. If you checked and found it in the classifier of OKVED codes, then it naturally is in law, as legal.

2. Any businessman has the right to host employees. Their amount is limited in some situations, for example, working on the patent system of taxation, one cannot have more than 5 employees in the state. The entrepreneur must clearly follow the observance of these rules, the staff over the norms can not be taken to the state, but to employ them in another way.

3. The most important thing for the entrepreneur right is to form its activities yourself, regardless of other market entities. This, of course, is a big responsibility of an individual entrepreneur, but this is one of the main advantages that distinguish work in the IP from work on anyone.

4. The entrepreneur himself is entitled to choose with whom he will work with partners, he also has the right to independently choose the consumer of products, the products itself, to determine the market segment, which he wants to occupy. No one to take this choice in the entrepreneur at the right, as far as the market is saturated in this industry.

5. On the one hand, the entrepreneur has the right to identify prices and tariffs for goods and services that it produces and has. But he cannot designate the price, radically lower than the market, in this case antitrust authorities immediately will be interested. Therefore, this right must be realized reasonably. Also, the entrepreneur can establish the amount of remuneration to employees, the form of issuing money, payment schedule (at least 2 times a month).

6. Any businessman who owns the IP can receive unlimited income and dispose of the profit at its discretion. It can open an unlimited number of accounts in any banks.

7. The entrepreneur has the right to defend his rights in court, be both the plaintiff and the defendant.

Facebook Twitter Google+ LinkedIn

We recommend to read

Top