Conduct business activities from the moment official registration Any citizen, including foreign nationals, has the right to legal status (Article 23 of the Civil Code). The procedure for carrying out registration actions is regulated by Law No. 129-FZ of 08.08.01. It says here that state registration of entrepreneurs is carried out at the place of residence of citizens (clause 3 of article 8).
But what to do if a person changes his address? Or is a foreigner planning to do business in Russia? How, in this case, is the legalization of activities carried out? And is it possible to register an individual entrepreneur using temporary registration? You will find detailed answers to these questions in our article.
The exact mechanism for state registration of legal entities, as well as entrepreneurs, was approved in Law No. 129-FZ of 08.08.01 (hereinafter referred to as the Law). Opening a business involves making entries in a single register - the Unified State Register of Entrepreneurs for individual entrepreneurs. Among mandatory details data on the citizen’s place of residence in the Russian Federation are also named: indicate the full address, including the name of the city, street, house numbers, apartments, etc., at which the individual entrepreneur is registered (registered) according to established order(subparagraph “e”, paragraph 2 of Article 5 of the Law).
Legally, what does the concept of “place of residence” mean? To answer, let us turn to the provisions of stat. 20 of the Civil Code, where it is determined that the place (address) of residence is considered permanent place residence of an individual. For persons under 14 years of age or persons under guardianship, this is the place of residence of official representatives or guardians. Thus, since it is logical to assume that a person spends most of the time at his place of registration, this is the address that will be the registration address of the individual entrepreneur. And even the presence of a temporary certificate does not in any way affect the procedure for creating an individual entrepreneur, provided there is a permanent registration stamp in the passport.
But what about those who do not have permanent residence in Russia? Is it possible to register an individual entrepreneur using temporary registration? In accordance with Russian Law No. 5242-1 of June 25, 1993, individuals are required to undergo the registration procedure in our country if they reside in the territory for more than 90 days. Moreover, if a person does not have registration in his passport, he can open a business on the basis of a temporary certificate.
Consequently, it is possible to register an individual entrepreneur using temporary registration if the citizen does not have a permanent registration in his passport. This is typical, as a rule, for foreign nationals or stateless persons. If an individual has a permanent registration in their passport, it will not be possible to open an individual entrepreneur at a temporary residence address.
For example, an individual lives in Pskov, but intends to do business in Moscow. Submission of documentation for opening an individual entrepreneur must be carried out to the Pskov Federal Tax Service, but in fact, you can conduct business in any territory of Russia. The exception is PSN and UTII; to work in these modes, you will additionally need to register for tax purposes at the addresses where the special modes are applied. If you submit an application to the Moscow tax office, if you have a permanent residence permit in another city, the documents will be refused, and you will not be able to obtain the status of an entrepreneur in the capital.
It's a different story with foreigners. Such citizens have the right and must register an individual entrepreneur with temporary registration, since the activity is carried out in Russia. But the registration period must be more than six months, and upon expiration of the specified time period, the business activity loses its legal force, that is, an extension of the temporary certificate is required. The authority for submitting documentation for obtaining status is the territorial division of the Federal Tax Service at the temporary registration address of the foreigner.
Note! If the registration of a foreign individual entrepreneur was carried out in one territorial division of the Federal Tax Service (at the address of the corresponding temporary registration), and the activities are carried out in another region, taxes under this regime must be paid to the region where the activities are carried out. The same requirement is true for submitting reports under the special regime.
What is the procedure for registering an individual entrepreneur for temporary registration? The mechanism of action is no different from opening an individual entrepreneur with permanent registration. Current requirements are specified in Law No. 129-FZ. The list of required forms includes the submission of the following documents:
Unified statement f. P21001 - when entering information on the page with the place of residence, the temporary address is reflected (according to the certificate).
Payment document confirming the transfer of state duty for 800 rubles.
Copies of an identification document, TIN (if available), temporary certificate.
An application for the use of a simplified taxation system is provided in the case of using this special regime.
Power of attorney for official representative- notarized confirmation of authority is necessary if documentation is submitted not by the entrepreneur personally, but by his authorized representative.
Other forms on request.
Note! The maximum period for state registration of individual entrepreneurs should not exceed 3 days (working days) in accordance with clause 3 of the statute. 22.1 of the Law, subject to the provision of reliable data.
In the legal sense, the address of the entrepreneur, which is indicated during registration, is the main legal address of the business. It is this detail that is indicated in Unified register, contracts with counterparties, invoices for calculating VAT, contacts with government agencies, etc. Accordingly, you need to carefully fill out the data and ensure that they do not contain errors or inaccuracies.
Conclusion - in this article we figured out how you can open an individual entrepreneur by temporary registration and to whom. The list of documents for creating a business in the Russian Federation is listed in Law No. 129-FZ, which also defines the regulations for such a procedure.
11Apr
Hello. In this article we will talk about whether an individual entrepreneur can apply for a consumer loan from a bank.
Today you will learn:
Any citizen can contact a bank, confirm solvency and receive a loan.
Consumer loan- this is the amount of money that creditors give to individuals for personal needs.
In practice, citizens seek help to:
Of course, before contacting a lender, you need to weigh your financial capabilities and determine what amount is needed. But how much loan are banks willing to lend?
In practice, the consumer loan limit is set individually and depends on:
Also, do not forget that the maximum loan amount will depend on the chosen program and loan term.
It is necessary to take into account that not only you choose the lender, but he also chooses you. Banks approach the selection of their borrowers very responsibly.
Lenders, when assessing a client, take into account:
Many entrepreneurs, in order to expand, try to attract additional funds. But what if it doesn’t work out? In such a situation, there is only one way out - contact the bank for help! But are lenders ready to provide consumer loans to individual entrepreneurs? In fact, why not?
If an individual entrepreneur meets the conditions and requirements of a financial company, he can receive the required amount of money in debt. The only thing worth taking into account is that the conditions and requirements for an entrepreneur will differ from the requirements for a regular borrower.
A consumer loan for individual entrepreneurs is a profitable tool for business development.
Lenders are ready to issue funds whose intended purpose will be:
The main thing for the lender is that the funds are used exclusively for business development and not for personal purposes.
It is worth considering that financial companies have long been providing loans for consumer needs to individual entrepreneurs. Only the conditions for individual entrepreneurs are slightly different from the conditions for standard products intended for ordinary citizens.
Features of consumer lending for individual entrepreneurs:
If an ordinary citizen, when turning to a bank for help, can confirm income by providing a certificate of salary, then for an entrepreneur everything is much more complicated. Instead of a certificate, the entrepreneur must provide financial statements for at least the last year.
It should be understood that there are no guarantees that there will be similar returns in subsequent years. Nevertheless, lenders carefully analyze all the information received, take into account other factors and only then make a decision.
This requirement is the same for both individuals and individual entrepreneurs.
Banks are ready to meet halfway and issue a consumer certificate if:
If you just received a certificate of approval yesterday, the financial company will most likely refuse to receive a loan. The thing is that financial companies are not charitable foundations that help everyone. The bank needs guarantees that you can repay the debt, including interest.
In practice, those whose activity lasts for at least a year can receive funds for development debt. In addition to the deadline, lenders take note of the direction of your case. However, there are banks that are ready to provide loans to budding entrepreneurs.
As already noted, the lender needs guarantees that the debt will be fully repaid. Priority is given to those entrepreneurs who can provide personal property as collateral.
Property owned by an entrepreneur is accepted as collateral:
When providing collateral, you must understand that the loan amount will depend on the market value of the collateral. You can provide the bank with an apartment and a car at once to receive a larger limit.
In addition to the basic requirements, the lender will take into account:
Entrepreneurs can take advantage of financial offers that apply to all citizens.
Let's consider all possible types:
You can borrow money only with your passport. The entire registration procedure lasts no more than 15 minutes. It would seem that, great option, but in reality, not everything is so good. The interest rate on such products is too high and the client is forced to overpay for such convenience.
This financial product is also characterized by an inflated interest rate and a minimal package of documents. You should not count on a large limit when choosing this product. In practice, banks lend no more than 50,000 rubles. As you understand, this is not the amount that is necessary for business development.
This product can only be obtained by providing all documents upon request of the loan specialist. In some cases, when a large amount of money is required, it is necessary to provide collateral or attract a solvent guarantor. The rate for using borrowed funds is much lower than for other types.
To use borrowed funds as an individual entrepreneur you will need:
At its discretion, the lender may request an additional package of documents:
Only if you have a complete package of documents can you fill out an application for a consumer loan.
Banks have developed several programs for individual entrepreneurs:
To apply for a preferential loan, an entrepreneur must draw up. In addition to the business plan, you will need to find a solvent guarantor or provide collateral. You can borrow funds only for 3 years.
To apply for a loan from a bank, experienced experts advise entrepreneurs:
There are a lot of lenders in the financial services market. Each institution offers its own conditions for individual entrepreneurs. But how to avoid making a mistake and do right choice? For your convenience, we have collected offers from the best banks that have proven their stability over the years.
List of banks:
Especially for individual entrepreneurs, Sberbank created a product called "Confidence". A consumer loan is provided without collateral for any needs of an entrepreneur.
To take advantage of the offer, annual revenue must be at least 60,000,000 rubles.
VTB Bank offers to use a loan product whose intended use is business development. To obtain a loan you will need collateral.
Sovcombank is one of the leaders in consumer lending. Getting a loan is very easy because the company sets minimum requirements. To apply for a loan, you only need a passport and a certificate of registration of individual entrepreneurs.
Especially for individual entrepreneurs, Alfa-Bank created the “Partner” program. You can get a solution in literally 30 minutes. Those entrepreneurs whose activities have been in operation for at least 1 year can count on receiving a consumer loan. It is also worth considering that a spouse’s guarantee is required.
Individual entrepreneurs in Russia are registered at their place of residence, this is a requirement of Law No. 129 “On State Registration”. But what about someone who wants to open an individual entrepreneur? , if he is registered somewhere in Tyumen, and plans to start a business in Moscow? Is it possible to open an individual entrepreneur with temporary registration? And how do foreign citizens solve this issue? After all, the latter are also entitled to register individual entrepreneurs and LLCs in our country.
An individual entrepreneur is an individual, therefore, for the concept of his place of residence, we turn to the Civil Code. The Civil Code of the Russian Federation in Article 20 gives the following answer to this question: this is a residential premises where a person is constantly or usually located, acting as an owner, a tenant or having other legal grounds.
Of course, no one obliges an individual to permanently reside at the address indicated on the registration stamp. At the same time, no one will dispute the logic of the fact that registration is the official confirmation of a person’s location. Thus, it is assumed that a potential individual entrepreneur is somehow accessible at his permanent registration address, primarily for official bodies.
If you have a permanent residence permit, a temporary one does not matter for individual entrepreneur registration. According to tax officials, a stamp in a passport is a priori more important than a certificate of temporary registration. Waving documents to prove the legality of living in another city is useless. You will have to register an individual entrepreneur with the Federal Tax Service at your place of residence, even if this inspection is located far away.
It is not necessary to go there in person; you can submit documents for registration of an individual entrepreneur remotely - send a representative to the Federal Tax Service with a power of attorney or send by mail a package of documents with a list of attachments. However, in this case you will have to have the P21001 application certified by a notary.
An even simpler way is to register an individual entrepreneur using an electronic digital signature. You need to contact the appropriate company in your city, obtain an electronic signature and send documents electronically; later you will receive an electronic container of documents, which can already be used to open a bank account. The originals will be sent to you by email. We have partners who provide this service in Moscow on a turnkey basis.
In case of successful registration, the entrepreneur has every right conduct business wherever he pleases - from Kaliningrad to Vladivostok.
If the individual entrepreneur has not changed the general taxation system or simplified one to UTII or PSN, then he will have to report to the same tax office where the business was registered. The entrepreneur will be registered with the Pension Fund of Russia and the Social Insurance Fund at his place of registration, regardless of the tax regime.
In the event that registration of an individual entrepreneur in another region is necessary at all costs, you can register from your permanent address of residence, and thereby get rid of the connection to an unwanted inspection.
Without a stamp in the passport indicating permanent residence, it is allowed to register an individual entrepreneur with the inspectorate that is in charge of the address where the individual resides temporarily. Registration of individual entrepreneurs in this case is also temporary. You can work throughout the entire territory Russian Federation, as in the case of having a permanent residence permit, but submit tax reports only to your inspectorate, which has granted the individual the status of an individual entrepreneur. Exceptions apply to the same regimes: the single tax on imputed income (UTII) and the cost of a patent (PSN) are paid at the place of business.
To open an individual entrepreneur without registration - at a temporary registration address - you need to meet three conditions:
1.Prove that there is no permanent registration. To do this, it is enough to present a passport without the corresponding stamp.
2. Have a certificate of temporary registration valid for at least six months from the date of submission of documents for registration of individual entrepreneurs. Such a certificate must be issued in accordance with articles of the Civil Code of the Russian Federation (680th and 685th).
The tax office can open an individual entrepreneur with temporary registration for up to six months, but having received this status with a temporary registration that expires in two to three months, you should not be surprised that after that you will be removed from tax registration. In addition, with such a short period of validity of temporary registration, there is a risk of being denied state registration. We recommend that you clarify the minimum duration of temporary registration for registering an individual entrepreneur with the tax office.
It is not necessary to inform the homeowner (if you live in rented housing in another region) about your intention to use the address to register an individual entrepreneur, since this fact does not carry any legal consequences for him in the future.
3.Present to the tax officer full package documents without which registration of individual entrepreneurs will not take place:
If the documents are not submitted by the entrepreneur himself, then the application and a copy of the passport must be certified by a notary and a power of attorney to submit documents must be prepared.
Can. In accordance with Law No. 115-FZ “On the legal status of foreign citizens in the Russian Federation,” foreigners legally residing in Russia have the same rights and obligations as Russians, with some exceptions.
By definition, a foreigner cannot have permanent residence in Russia, at least until he receives Russian citizenship. Temporary registration for him means the address indicated on the residence permit or temporary residence permit. Foreigners, stateless persons and refugees work as individual entrepreneurs as long as they stay in the country legally. When temporary registration in Russia expires, the registration period for individual entrepreneurs also expires.
As for , it is practically no different from the same for Russians. True, you will have all the necessary documents for foreign language accompanied by a notarized translation into Russian.
Any business requires constant investment of finances, otherwise stagnation and losses are not far off. And already at the start, from the moment of registering the legal status, initial costs and investments cannot be avoided. Good if available start-up capital or help from friends. What should those who do not have free funds do, but still need them?
Bank lending is one of the most attractive tools for small business development. Prompt receipt of funds helps entrepreneurs quickly and effectively respond to emerging problems. Current offers are designed for different needs - company development, replenishment working capital, expanding the commodity or production base, equipping new jobs, etc. Almost every bank today offers a wide range of loan products for small and medium-sized businesses to choose from.
When considering an application for a loan, banks take into account the possible monthly income of the entrepreneur (current and planned), and analyze the risks and prospects of the industry. The main and decisive aspect in favor of granting a loan is the client’s solvency. Typically, an individual entrepreneur has two statuses as a subject of market relations - an employee and a business owner. This duality provides certain advantages to the borrower, but can also lead to negative consequences.
Practice shows that banks are much more willing to lend to employees who have proof of their ability to work and pay. In this case, not only the basic salary is considered as income, but also additional sources of profit (rent of property, pension/benefits, interest on deposits) and part-time employment. As confirmation, it is enough to provide the established forms of documents - income certificates, lease agreement, work book.
If you are an entrepreneur, it is quite difficult to assess the level of solvency. For example, the main income from financial and economic activities can be confirmed by declarations, a book of income/expenses or accounting reports. But what to do if you need to provide specific figures for future periods, and the business has opened from scratch? In this case, credit institutions require you to write a business plan, when drawing up which the manager needs to take into account the specifics Russian realities, and also explain in detail what the borrowed funds will be used for and from what sources it will be covered.
To get approval and quickly apply for a loan, let’s figure out what types of lending exist and how they differ.
Available loans for entrepreneurs:
There are a number of banks operating under the government program to support small businesses. As part of such proposals, the Small Business Assistance Fund can act as a guarantor for a businessman. But this is not available to all businessmen, and, above all, to those who have already worked for at least three months. Regional budgets also offer their own programs for beginners, under which you can count on reimbursement of interest on loans, subsidies or grants for business development.
Most large banks provide loans to small businesses, among which Sberbank, VTB 24, and Bank of Moscow stand out first. The list of proposals is very wide; below are the most interesting and effective ones.
1. Replenishment of working and fixed assets for entrepreneurs with annual revenue not exceeding 400 million:
2. Express offers for entrepreneurs with annual revenue not exceeding 60 million:
3. Leasing offers- for the purchase of cars, trucks, special transport. Issued up to 24,000,000 rubles, duration from 12-21 months. Mainly required advance payment from 10%, and the repayment schedule and rates are specified depending on the specific program.
4. Bank guarantee– a means of ensuring partnership obligations. Issued for amounts starting from RUB 50,000. up to 3 years at 2.66%.
There is a high probability of obtaining a loan from clients with a positive credit history, without a criminal record or late payments. The period of activity is generally at least 1 year, and the property has liquid, easily realizable assets.
A special department, the credit committee, reviews applications in banks. Receipt of funds may be refused by: various reasons. The main one is insufficient solvency. That is why it is necessary to pay maximum attention to drawing up a business plan.
Bankers have a biased attitude towards individual entrepreneurs due to the specific legal status. An individual entrepreneur can quickly complete his activities and “wind up” the business. The closing procedure is easier than that of an LLC, for example. It is more difficult to calculate financial prospects; therefore, they are more willing to accommodate those businessmen who can provide property as collateral. If there is a decline in the industry, which has already happened with the tourism business, taking out loans for the opening and development of a company is also pointless due to the expected refusal. And the presence of overdue payments for taxes, contributions and wage debts will serve as an additional reason for making a negative decision.
In conclusion, we note that an entrepreneur can always count on a cash loan, the main thing is to choose the optimal suitable option. When choosing, you need to decide what is more important: getting money quickly but at a high cost, or building long-term relationships with a financial institution, working for the future and proving your solvency.
Be sure to watch the video
In Russia, the government strongly supports the development of small and medium-sized businesses; therefore, over the past few years, the number of individual entrepreneurs has increased significantly. But even the founder of a small business may need to purchase his own home, and therefore have to turn to the bank for a mortgage loan. This raises the question, can an individual entrepreneur take out a mortgage? In fact, here the process of obtaining a loan is more complicated, but it is still quite possible to buy a home using borrowed funds from the bank.
A review of the topic should begin with the question of why obtaining a mortgage loan is a more difficult procedure for an individual entrepreneur. And the difficulty lies precisely in the fact that an individual entrepreneur does not have a constant source of income. That is, he runs a business and receives income from it, but not a stable salary, as required by the financial institution. Accordingly, at any moment the entrepreneur’s business may become unprofitable, and the bank borrower will be left without the income from which he paid the mortgage loan to the bank.
So, a mortgage for an individual entrepreneur becomes quite real if he fulfills a number of mandatory requirements of the bank:
The business of an individual entrepreneur should not be seasonal, that is, generate income consistently all year round;
From all of the above, we can conclude that having become an individual entrepreneur, the borrower can apply to the bank for a mortgage loan only after a year of working as a businessman, that is, so that at the time of applying to the bank he can provide documents confirming his financial solvency.
Why will it be more difficult to take out a loan under the simplified taxation system? The reason for this lies in the fact that according to the simplified taxation system, the entrepreneur pays contributions not from turnover, but from profit; in this case, the bank closely evaluates the real income of the potential borrower.
So, now let’s figure out how to get a mortgage for an individual entrepreneur? First of all, it is worth considering that the conditions for an individual entrepreneur will be more stringent than for an individual. Firstly, this will mainly affect the interest rate, it will be much higher, on average it can range from 14.5% to 17% per annum. Loan terms will be as short as possible, as a rule, no more than 10 years, despite the fact that individuals have the opportunity to take out a housing loan for up to 30 years. And finally, the main condition is the down payment. Here, the potential borrower will have to contribute at least 20% of the cost of the purchased property.
Particular attention should be paid to the requirements for the borrower; first of all, they relate to the fact that business activities must be carried out on the territory of our country, and the borrower must be its citizen. Another thing concerns annual revenue; on average, to obtain a mortgage loan, annual turnover should not exceed 400 million rubles.
In addition, do not forget about mandatory requirement, which apply to all mortgage borrowers, are age from 21 to 65-70 years, permanent registration in our country in the region where the bank is located and a positive credit history. By the way, the purchased housing remains pledged to the bank until the mortgage loan is paid in full.
Now let’s look at what documents are needed for an individual entrepreneur’s mortgage. In addition to standard personal documents, you will need:
Next, you need to collect a complete package of documents and contact directly the bank where you plan to apply for a mortgage. It is worth noting that for individual entrepreneurs the process of obtaining a mortgage is not much different. That is, the scheme will be as follows: you must first submit an application to the bank and wait for a preliminary decision, then collect all personal documents and conclude a preliminary purchase and sale agreement with the real estate seller, collect all the necessary documents for the property being purchased and submit them to the bank along with personal documents. Next, the seller and buyer sign a purchase and sale agreement, the borrower provides the down payment amount, and the bank transfers the funds to the seller's account.
Please note that the procedure for completing a purchase and sale transaction with the participation of a bank may differ slightly depending on the internal regulations of the financial institution.
It’s definitely worth giving a few examples of where you can get a mortgage loan for individual entrepreneurs. I would like to immediately note that the choice of credit and financial institutions in our country is quite large and many of them are ready to individually consider the issue of cooperation with individual entrepreneurs, so we will give just a few examples.
A mortgage for individual entrepreneurs in Sberbank is quite real. This bank is a leader in issuing mortgage loans, so everything potential borrowers make an attempt to apply for a loan here. Concerning current offers bank at the moment, then an individual entrepreneur may well take advantage of the two-document mortgage program, the essence of which is that the borrower provides half the cost of the apartment as a down payment. Next, he gets the opportunity to take out a loan using only two documents, one of which is a passport, and the other is a choice: TIN, SNILS and others.
As for the terms of the lending itself, interest rates here start at 10.4% per year and can be increased if borrowers refuse to insure personal risks and other factors. Citizens of the Russian Federation aged 21 to 75 can become clients. The loan term can reach 30 years. Each individual request is processed individually. That is, the essence of this program is that there is no need to confirm your income level.
Mortgage according to two documents: Sberbank
Here individual entrepreneurs, as well as individuals, can take out a mortgage loan “Victory over formalities”. As for the conditions, they are the same for all borrowers, regardless of their status. Interest rate from 14.5% per year, down payment amount from 40% or more. The essence of this proposal is that a high down payment on a mortgage allows the borrower not to provide documents confirming solvency and employment.
Do individual entrepreneurs get a mortgage? The issue is complex and ambiguous, insofar as the decision is made by the bank alone. For example, some banks categorically do not provide housing loans not only to entrepreneurs, but also to their employees, while others, on the contrary, lend to individual entrepreneurs along with private clients. Therefore, it is worth carefully studying the banking services market and submitting applications to several banks at once.
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