Title documents of an individual entrepreneur for a loan. What are the founding documents

Constituent documents LLC, constituent documents of individual entrepreneurs and other legal entities are documents on the basis of which their activities are carried out on the territory of the Russian Federation or other states.

The composition of constituent documents largely depends on the legal form legal entity.

The requirements for constituent documents are established by the Civil Code of the Russian Federation (Article 52). These can be the following combinations of documents:

memorandum of association. It is between the participants, founders;
charter. Approved by the general meeting of participants;
charter with one founder. Approved by one participant on the basis of a sole decision;
articles of association and memorandum of association;
general regulation on the organization (for non-profit organizations).

The constituent documents of a legal entity must include the following information:

name of the legal entity;
legal address or location of the legal entity;
activity management procedure;
the subject and goals of the activities of a legal entity - for non-profit institutions and unitary enterprises;
other information according to the laws of the corresponding type for legal entities.

The agreement on the creation or establishment of a legal entity by the founders contains provisions that the founders undertake to establish and register a legal entity. It contains the conditions for disposing of the property of the enterprise, the procedure for conducting joint activities on the formation of a legal entity, the procedure for participating in the activities of the enterprise being created. The agreement establishes the procedure and conditions for the distribution of profits and losses between the participants, the procedure for the withdrawal of founders from the legal entity, the regime for managing the activities of the legal entity.

All constituent documents, as well as amendments to the constituent documents of an LLC and an individual entrepreneur, in the event of liquidation of an LLC or liquidation of a CJSC, are subject to compulsory registration in the tax office at the location of the enterprise or organization. Any changes in the constituent documents become effective for third parties only after their state registration.

Founding documents LLC

On July 1, 2009, amendments to the Federal Law “On companies with limited liability". Starting from this time, the founding document of an LLC is only the Charter of the LLC. This law does not contain the constituent agreement as constituent documents.

The founding agreement is concluded between the participants, but is used for the internal purposes of the enterprise and is an internal document of the organization. Among other things, it contains information about the shares of the founders. Previously, this information was required in the Articles of Association of the LLC.

However, it is often assumed (when describing the required documentation) that the founding documents of an enterprise include:

charter;
the decision to establish the Society;
Certificate of state registration of a legal entity;
Certificate of tax registration.

Founding documents of IP

From a legal point of view, an individual entrepreneur does not have such a thing as the constituent documents of an individual entrepreneur. An individual entrepreneur acts on the basis of a State Registration Certificate. The absence of the need for constituent documents explains the simplicity of opening an IP. They are not mandatory for the start of the functioning of the IP.

There are, however, exceptions: situations where the founding documents of the enterprise are required. These are cases where two (or more) individual entrepreneurs create a joint venture. Most often, relationships in such projects are documented. The package of documents stipulates:

conditions for conducting a joint business;
responsibilities of all individual entrepreneurs;
the rights of all IP.

federal law provides that when drawing up constituent documents, an individual entrepreneur must indicate relevant data. The list established by law is a necessary basis for conducting activities and obtaining the desired legal status. The local regulatory authority has a list that is part of the constituent documents of the IP. Before starting the registration procedure, it is strongly recommended that you familiarize yourself with this list.

There is a rule in the legislation according to which to conduct financial and economic activity only possible after passing mandatory procedure registration in the prescribed manner. To do this, you must have the following constituent documents of the IP:

extract from the Unified State Register of Individual Entrepreneurs (EGRIP);
a document confirming the fact of registration of a legal entity as individual entrepreneur;
properly formatted notice of registration individual in the tax office at the place of business.

Legal status of a legal entity

The list of constituent documents of an individual entrepreneur is prescribed within the framework Civil Code Russian Federation. Each of the upcoming stages requires increased attention to all the details. This will minimize the likelihood of refusal by government authorities.

Registration of the list required by law begins with an identity document (passport of a citizen of the Russian Federation or foreign country), migration card or permission to stay and work in the country. The future individual merchant is obliged to document the place of residence on the territory of the Russian Federation. Then the entrepreneur must correctly issue an extract from the USRIP. At this stage, there are several important legal nuances:

if the merchant was registered for the first time before January 1, 2004, then he needs form No. 67001;
if the first registration of an individual merchant took place after January 1, 2004, then form No. 61001 is filled in;
if the registration data was first entered into the register before July 4, 2013, it is necessary to issue a document in the form No. 61003;
from July 4, 2013, the entrepreneur receives a record sheet from the Unified State Register of Individual Entrepreneurs.

The list of statutory documents of the IP includes a paper confirming the assignment of a TIN to a legal entity. If the individual entrepreneur already has one, then you need to obtain a copy of this document from the tax authority. The list approved by law includes a document confirming registration with Rosstat. Without fail, it must include information on statistical codes.

At the same time, the individual entrepreneur must be aware that information about codes is not certified by the seal of a state body. It is enough just to go to the official online resource of Rosstat and independently print the required information. The list of accounting documents optionally includes a license and its certified copy. At the same time, it is necessary to receive one only for those individual entrepreneurs who plan to engage in certain types of activities. If there are any doubts, a citizen can ask questions at the tax authority at the place of registration.

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Legal subtleties of the application of legislation

Less attention is paid financial side question - size statutory fund. It all depends on how large the enterprise is planned to open.

If the individual entrepreneur will work independently, then when drawing up constituent documents initial capital not required at all.

The situation will be slightly different if 2 or more individual entrepreneurs plan to form an OJSC.

In this case, you must have at least 1000 times the minimum wage on the day of registration. For a CJSC, this amount is a slightly smaller amount - at least 100 times the minimum wage on the day of submission. A paper confirming the availability of 10 thousand rubles must be included in the constituent papers if it is planned to form a limited liability company.

With mixed legal forms it is necessary to clarify in the tax inspectorate and the local administrative body which constituent documents the individual entrepreneur should have checked. After the completion of the registration procedure, the entire package must be delivered to the registration authority. If, for various reasons, the applicant cannot do this in person, then there are several options. After the power of attorney is issued, another person can deliver the documents. If desired, you can also use the mail service.

The duration of the entire registration procedure ranges from 15 to 30 working days. Everything depends on many factors. If the applicant knows what the constituent documents of individual entrepreneurs are, then there is a high probability of coping in 2.5 weeks. The main thing is that a potential individual entrepreneur approaches the paperwork with all seriousness.

IP is a subject entrepreneurial activity, which participates in business on an equal basis with legal entities. What constituent documents should a sole proprietorship have? What kind mandatory documents confirm the fact of state registration of the entrepreneur? On the basis of what does an individual participate in economic transactions? Let's talk about this in more detail.

List of constituent documents of IP 2018

We list the documents that are constituent for an individual entrepreneur in 2018:

Identification.
USRIP sheet in form No. P60009.
Certificate of assignment of TIN.
Statistics codes.
Notice of registration as an insurer.

What are constituent documents for IP?

This concept can be found in Article 52 of the Civil Code, however, if you read the text of the article carefully, we will not find the definition of “constituent documents of an individual entrepreneur” there. Under the constituent Civil Code of the Russian Federation, it means only documents proving the creation of an organization, and not an individual entrepreneur. Why is that?

In the process, a new person (as when opening an LLC) is not created. By submitting, a citizen simply receives the right to conduct individual entrepreneurial activities, his TIN remains the same as that was assigned to an individual. The organization is independent of its founder and acts in legal relations as a separate entity with its own tax number.
In practice, this term is used by analogy with organizations, although this is not entirely correct. If your counterparty is interested in what constituent documents an individual entrepreneur has, then he means evidence that you work legally and are tax registered.

How can an individual entrepreneur obtain constituent documents

Constituent documents for registration of IP are and an identity document of the applicant. Nothing else, such as a treaty establishing or a protocol general meeting founders, for an individual is not required.

This list (list) can be extended only for:

Foreign citizens and stateless persons if they want to open a sole proprietorship in Russia. They need to prove that they are on the territory of the Russian Federation legally, so they must obtain a temporary residence permit or a residence permit. In addition, a passport or other identification document must be translated from foreign language at the Russian notary. Read more.
juvenile. They additionally submit 1 of 3 documents to the tax authority: parental consent (must be notarized); judgment on the full legal capacity of the individual registering the IP; a copy of the marriage certificate faces.

It remains only in the amount of 800 rubles, and you are ready for a visit to the tax authority.

Please note that not every inspection accepts these documents. So, in Moscow it is only the 46th IFTS, and in St. Petersburg - the 15th. Find out in advance where to contact you, you can do this through the website of the Federal Tax Service or at the tax office closest to you.

Constituent documents as evidence of the legal activity of an individual entrepreneur

With a package of papers received from the Federal Tax Service and what information do they contain? What are the constituent documents of an individual entrepreneur after the registration has already taken place?

Confirmation that the information about the individual is included in the state register of the USRIP.
Information about a registered entrepreneur is included in the database of the Federal Tax Service, funds, Rosstat.

Identification	An individual entrepreneur acts in transactions on his own behalf, he does not need to confirm his authority by order, decision, power of attorney. Identification takes place on the basis of a Russian passport or a notarized, certified in Russia, translation of a foreign document.
USRIP sheet in form No. P60009	In 2018, the tax service issues a register entry sheet instead. If you opened an IP before 2017, then the certificate issued to you is still valid, you do not need to replace it.
Certificate of assignment of TIN	TIN is assigned to an individual once. When changing the surname, address or obtaining the status of an individual entrepreneur, the individual tax number does not change.
Statistics codes	This is a sheet containing certain statistical codes (OKATO, OKTMO, OKFS, OKOPF) issued by Rosstat. They can be printed from the official website of the Statistics Service, but not all contractors or banks agree to accept a document without a signature and seal of a government agency.
Notice of registration as an insurer	Until 2017, entrepreneurs without employees were automatically registered and registered by the Pension Fund. Now these functions have been transferred to the Federal Tax Service.

We can say that this is all the necessary information about what is constituent documents of the IP(sample in form No. P60009 download free of charge). As you can see, the entrepreneur does not keep corporate papers, so his document flow is easier than that of an organization.

Constituent documents for individual entrepreneurs | List 2018 updated: February 6, 2018 by: All for IP

As you know, to open your own business, registration is required commercial activities according to the current legislation. One of the most popular forms of business organization is an individual entrepreneur (you can find out what tax regimes are provided for entrepreneurs). In Russia, any capable individual who has reached the age of 18 and is a citizen of the Russian Federation can become an individual entrepreneur.

For the official registration of a business, a number of documents will be required that serve as the basis for registering the commercial activities of an entrepreneur (information that will help a businessman choose a taxation system). What constituent documents the registrar may require from an individual entrepreneur can be obtained directly from the regulatory authorities.

So, the constituent document is information recorded in a certain form and established by law, which serves as a legal justification for recognizing activities and legal status. detailed information indicated in Art. 52 Civil. Russian code. Every entrepreneur should know what constituent documents an individual entrepreneur should have in order to eliminate problems with regulatory authorities.

Important! According to the law, to constituent documentation individual entrepreneur is not presented mandatory requirements, since the IP is not a legal entity. The main document that gives the right to carry out commercial activities is the certificate of registration, which entrepreneurs receive from the tax authority at the place of residence.

How is the registration process carried out?

Registration of entrepreneurial activity takes place in the local tax authorities. An individual wishing to undergo the procedure applies to the relevant authorities depending on the place of residence (official registration in the passport).

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Obtaining the necessary documentation

final stage is to obtain an official certificate of registration of IP. It is issued on hand when contacting authorized bodies in several ways:

During a personal visit of a businessman;
- when submitting an application under a power of attorney certified by a notary;
- via Russian Post.

You can learn more about the registration procedure from this video:

Additionally, each entrepreneur can receive other documentation:

A certificate issued by the statistical office, which shows the assigned code according to the OKVED rubricator, which lists all types of entrepreneurial activities;
- official notification of the registration of an individual as a taxpayer (you can read about existing tax regimes), making fixed tax contributions to Pension Fund at the place of official residence.

This documentation can be sent by mail to the registration address indicated in the application, signed by the individual entrepreneur at the time of contacting government bodies.

Important! An individual entrepreneur can register with social insurance funds to fix his status as a payer of regular insurance contributions. But this process is not mandatory in cases where there are no employees in the state, and the businessman works alone.

Making changes to documents

In order to make the necessary changes to the constituent documents, it is necessary to go through an official procedure. This procedure for individual entrepreneurs is clearly spelled out by the legislator.

The reason for contacting the tax office, most often, is the need to change:

information in identity documents;
types of services provided;
place of residence (address).

For individual entrepreneurs that do not have constituent documents, the changes made relate to state register. In this case, an individual entrepreneur should provide Required documents: an application completed in the prescribed form; the changes being made; copies of documents that will confirm all the innovations that have occurred. The submission of this package of documents is carried out to the tax authority no later than three days upon the fact of the changes.

Important! The procedure for applying to individual entrepreneurs, as well as the process of making changes, does not differ from the procedure for legal entities.

And the constituent documents of an individual entrepreneur are an important component of commercial activity. The entire list of documentation, as well as the procedure for obtaining it, is established by law.

An individual entrepreneur requires a minimum of constituent documents, but there are nuances of their issuance. In the article we will talk in detail about what official papers an individual entrepreneur needs to confirm the legality of his activities and how to get them.

Nuances of terminology

People who first decided to do own business, start by searching for information about a package of constituent documents for an individual entrepreneur. However, there is a terminological inaccuracy lurking here - an individual entrepreneur does not have constituent documents. Such papers exist only for legal entities, and an individual entrepreneur carries out business activities without forming a legal entity.

The confusion in terminology arises from the mechanism for creating enterprises and firms that, in order to open and further work a articles of association or memorandum of association is required. For example, if two friends decide to start their own business and jointly create a limited liability company, then in this case the founding document for opening a company is the charter of the company.

The rules of law relating to legal entities are not applicable to a citizen. To become an individual entrepreneur, the charter and other similar papers are not needed.

Any person can engage in private business, with the exception of a few specially specified cases (Article 23 of the Civil Code of the Russian Federation). To do this, you only need to pass state registration. Thus, from a legal point of view, it is better to talk not about the constituent or title documents, but about the registration documents of the IP.

List of IP registration documents

IN last years Legislation is gradually changing towards supporting entrepreneurship and de-bureaucratization of registration procedures. Currently, you can register and start working in just three days. Accordingly, the number of papers that in one way or another confirm the powers of the entrepreneur and the legitimacy of his business has also decreased.

The list of basic registration (constituent) documents that an individual entrepreneur receives upon registration in 2018 is very short:

EGRIP record sheet;
certificate from the tax service on the assignment of TIN.

It is reasonable to add a passport to these two points, but the citizen already has it in his hands. Of course, a passport is not a title document for an individual entrepreneur. But since an individual entrepreneur is an individual, his personality sometimes requires documentary confirmation. For citizens of Russia, a Russian passport serves as an identity card, residents of other countries can present, for example, a residence permit.

As for the legal status of an individual entrepreneur, earlier his main documentary evidence was a certificate of state registration. Depending on the year the business was opened, only the form of the form changed slightly:

until 2004, a certificate was issued in the form 67001;
from 2004 to 2013 - in the form P61001;
from 2013 to 2017 - in the form P61003.

Since 2017, upon registration, only the USRIP record sheet in the form P60009 is issued. However, the certificates obtained earlier are still valid.

Currently, interested authorities can receive the necessary information about any entrepreneur from the tax website online. Therefore, the need to present the USRIP record sheet for hard copy occurs rarely.

The next on the list is a notice of a citizen's registration with the tax service and the assignment of a taxpayer identification number. A notification is issued if at the time of opening a business, a person did not have an assigned TIN. The taxpayer number is constantly used in documentary support of business transactions.

In addition to the main official papers, counterparties, banks or government agencies may also request other information from the entrepreneur, for example:

statistics codes assigned by Rosstat (you can get them);
notification of the status of the insured (if there are employees);
license (in case of licensing the selected foreign economic activity).

Obtaining legal documents of IP

Documentation confirming the status of an individual entrepreneur is issued to a citizen three working days after submitting an application to open an enterprise. By default, the USRIP record sheet and the certificate of registration with the Federal Tax Service are sent by e-mail. You can also pick up the documentation in person, request paper mail, or authorize another person to receive it by proxy.

If at the stage of filing papers for opening an IP, an application was simultaneously submitted for the transition to a simplified taxation system, then a copy of this application with a tax mark is transferred to the citizen. You can also request an information letter from the tax office on the application of the simplified tax system - such a letter is sometimes required to be presented by banks and counterparties.

Notifications confirming registration with Rosstat, pension and insurance funds are sent by mail. No additional actions or payments are required on the part of the applicant for this - everything necessary is done by the Federal Tax Service during the registration procedure.

The notification of the assignment of Rosstat statistics codes (OKPO, OKTMO, OKOPF, OKATO, OKOGU, OKFS) in itself is not of particular importance, but codes may be required not only for reporting, but also when opening a bank account. As mentioned above, they can be found online. The registration number of the payer of insurance premiums assigned by the FIU will be needed if hired personnel are involved in the work.

If the type chosen by the businessman economic activity requires a special permit - a license, then you will have to apply to the appropriate department to obtain it yourself. Read more about licensing, changes in 2018.

When else can we talk about the constituent documents of IP

As noted above, when working with documentation, sometimes there is confusion in terminology. For example, in a conversation, people can call the constituent documents of an individual entrepreneur those papers that need to be submitted for registration.

Read more about opening an IP in the article "How to open an IP in 2018: step-by-step instructions and useful tips". Here we only recall that the issues of registration of business entities are regulated by federal law N129-FZ dated 08.08.2001

An individual entrepreneur may indeed need statutory documents if he becomes the founder of an LLC or other legal entity.

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