Citizen has the right to study business activities Without the formation of Yul from the moment GR as an individual entrepreneur (Article 23). Entrepreneurial Independent production activities are recognized, carried out on its risk and aimed at systematic profit. Prerequisite For a citizen entrepreneurial activity: a) his capacity; B) GR as an entrepreneur.
The entrepreneur CR is produced on the basis of his statement, which indicates the activities that the citizen intends to engage. GR is produced on the day of receipt of documents. The basis of refusal may be the incapacity of the entrepreneur, the intention to engage in prohibited activities or the lack of a license, if necessary. Failure or dodging from registration can be appealed to the applicant in court. After payment of the registration fee of the applicant, a certificate is issued, which indicates the activities and its validity period.
A citizen engaged in entrepreneurial activities, but not past GR, does not acquire in connection with this status of an entrepreneur. It loses this status and from the moment of termination of GR, after the established period, cancellation of GR, etc. In such cases, according to the decree of the Plenums of the Russian Armed Forces of the Russian Federation and the Russian Federation No. 6/8, disputes with the participation of citizens, including those related to the implementation of entrepreneurial activities, are jurisdized by the court of general jurisdiction, but the court when resolving the dispute can apply the provisions of the Civil Code on the obligations associated with With business activities.
For business entrepreneurial activities need complete capacity. Therefore, it can be carried out by citizens upon reaching 18 years if they are not limited to in legal capacity. The latter can engage in entrepreneurship with the consent of the trustee. The person who has entered into marriage until the age of 18 is recognized as fully capable (Article 21) and therefore is entitled to engage in business independently. The same refers to emancipated (Article 27) (the exception - PD for the occupation of which the law is established by the age value).
The legal capacity of an individual entrepreneur is practically equal to the legal capacity of Yul - commercial organizations. It may have the right and carry duties necessary for the implementation of any activities not prohibited by law. However, he is not entitled to create enterprises, remaining the owner of the property transferred to them (and (c) PE, which should be converted to 07.07.99. economic partnerships, societies or cooperatives). Before transformation or liquidation, the norms of the GC are applied to unitary enterprises.
Paragraph 2 of article.23 recognizes by the entrepreneur head of the peasant (farmer) economy. Such an economy can be created by only one citizen or together with family members or partners for the purpose of producing, processing and selling agricultural products. The peasant (farmer) economy is not a legal entity. His chapter is recognized by the entrepreneur from the moment the GR.
The peasant economy is subject to registration in the local authority of self-government, in which this land plot. The use of property is carried out by members of the economy by agreement among themselves, transactions for the disposal of the property of the economy makes the head of the economy or other persons by his power of attorney.
Business activities are one of the forms of participation of citizens in business relations. In accordance with Article 2 of the Civil Code of the Russian Federation, entrepreneurial is an independent, activities carried out to the systematic profit from the use of the property, the sale of goods, the performance of work or the provision of services by persons registered in this quality in the manner prescribed by law.
Entrepreneurial activity is economic activity. Entrepreneurship objectively conjugates with some uncertainty and instability, the possibility of unclaiming the results of its activities, which means the inevitability of risk, threatening the loss of time, resources, profits.
Individual entrepreneurs - (entrepreneurs without education legal entity or abbreviated by the mother-in-law) are individuals registered in the prescribed manner and carrying out entrepreneurial activities without the formation of a legal entity, as well as private notaries, lawyers established by lawyers, private security guards, private detectives (paragraph 2 of Article 11 of the Tax Code of the Russian Federation).
Individual entrepreneur (private entrepreneur) - a business entity, the legal form provided by law Russian Federation For commercial (entrepreneurial) activities, citizens registered in the prescribed manner.
Therefore, in life, entrepreneurs are called themselves and citizens engaged in commerce episodically, without having any documents that give them the right to engage in this activity, for example, persons reselling goods. If a citizen is engaged in this kind of activity of episodically, without pursuing the extraction of profits, it cannot be regarded as an entrepreneur and should not register in this capacity. From a legal point of view, the entrepreneur is only the citizen who is engaged in entrepreneurial activities and is registered in this capacity. From the position of the public law (criminal and administrative) entrepreneurial activities carried out by the person unregistered as an entrepreneur, is illegal entrepreneurship.
The citizen's right to engage in entrepreneurial and any other, not prohibited by law is the content of civil legal capacity. In order to implement this right, a citizen must have the so-called entrepreneurial capacity, i.e. The ability to independently, initiatively and professionally carry out entrepreneurial activities and execute all the responsibilities arising in connection with its implementation.
An individual entrepreneur has the right to: discover the current account in the banking institution; have a trademark; enter into transactions and sign economic contracts; receive a bank credit; independently pay taxes; Use the hired work of other citizens based on contract agreements, etc.
A citizen in order to extract profits may establish a legal entity and make a profit from its activities or engage in individual entrepreneurial activities without the formation of a legal entity. In accordance with Article 23 of the Civil Code of the Russian Federation, a citizen has the right to engage in entrepreneurship without education of a legal entity since state registration As an individual entrepreneur. Any citizen has the right to lead entrepreneurship, but not any citizen is able to implement this right.
To acquire the status of an individual entrepreneur, a citizen must have the following general features Civil Law Subject:
legal capacity (ability to have civil rights and carry duties);
legal capacity (ability to acquire and exercise civil rights);
and to melt the place of residence (the place where a citizen lives constantly or mainly).
For certain categories of citizens, the laws of the Russian Federation establish a ban on the occupation of independent entrepreneurship. At the same time, in some cases the law comes from the incompatibility of entrepreneurship with the public position of the person. In particular, the Law of the Russian Federation "On Competition and Restriction of Monopolistic Activities in Commodity Markets" prohibits officials state authorities and government controlled engage in independent entrepreneurship. Independent entrepreneurial activities are not entitled to engage in judges, employees of the prosecutor's office, organ employees federal safety, tax police, notaries.
Business entities are citizens - individual entrepreneurs and commercial organizations - legal entities. Foreign citizens, stateless persons and foreign legal entities can participate in business activities in the territory of the Russian Federation, in particular enterprises with foreign investments. In relations with entrepreneurs, regulated by civil law, on equal basis with citizens and legal entities, can also be the Russian Federation, its subjects, municipalities.
Elements legal status Citizens (individuals), which are individual entrepreneurs, serve legal capacity, capacity and residence.
Legal capacity is a potential ability individual Have civil rights and carry duties. She admits to equally for all citizens, arises at the moment of birth and stops with his death. Civil status acts that determine the emergence and termination of civil legal capacity such as the birth and death of a citizen are subject to state registration by the authorities to record acts of civil status, by making appropriate records to acts and issuing certificates to citizens on the basis of these records. The rights that form the content of the legal capacity of citizens are entitled to engage in entrepreneurial activities. This is the right, like other civil rights, as well as duties, individual entrepreneur Acquires and exercises under your name.
All individuals engaged in entrepreneurial activities without the formation of a legal entity are recognized by small business entities. Registration of citizens of the Russian Federation, foreign citizens and stateless persons is carried out as individual entrepreneurs, in accordance with the law. The business status of a citizen obliges him to fully respond in its debts, both before the budget and before creditors. An individual entrepreneur who is unable to meet the requirements of creditors associated with the implementation of entrepreneurial activities can be recognized by the court decision insolvent (bankrupt) and lose the quality of the entrepreneur.
The capacity of any citizen is its ability to acquire and exercise civil rights, creating civil duties for themselves and fulfill them. Distinguish 4 legal status:
1) full capacity;
2) partial capacity;
3) limited capacity;
4) Complete incapacity.
Only capable citizens can carry out entrepreneurial activity, that is, those who are able to independently make legal actions, enter into transactions and perform them, acquire property and own, use and dispose of them. By general rule Civil capacitiveness arises in full from the onset of the age of age (upon reaching 18 years of age). Thus, a citizen who has reached 18 years of age, in cases and in the manner prescribed by law, has the right to engage in entrepreneurship. At the same time, a citizen has not reached 18 years old, can acquire full capacity in the event of the marriage in the prescribed manner of this age or as a result of Emancipation.
Emancipation is an announcement of a minor who has reached the age of 16 fully capable, subject to its work on labor Treaty or classes with the consent of the legal representatives of entrepreneurial activities. Emancipation is made to solve the guardianship and guardianship bodies - with the consent of legal representatives or by the court decision - in the absence of such consent.
Particularities have minor citizens: juvenile under 14 years old and non-emancipated adolescents aged 14 to 18 years. On their behalf, only their parents, adopters, guardians can be carried out on their behalf.
The limited capacity of citizens is also regulated by law. Failure to comply with the conditions established by law and the procedure for limiting the capacity of citizens or their right to engage in entrepreneurial or other activities implies the invalidity of the state or other body, which established such a limitation. Capacity may be limited both fully capable and partly capable citizens. A professional citizen may be limited by a court in legal advisivity in the manner established by civil procedural legislation.
A citizen, who, as a result of a mental disorder, cannot understand the importance of his actions and to manage them may be fully incapacitated by the court decision with the establishment of custody. On behalf of such a citizen, the transaction makes his guardian. If the foundations of the recognition of a citizen are incapacitated, the court recognizes it capable, and on the basis of the decision of the court, the established guardianship is canceled.
The civic capacity of a foreign citizen is determined by the law of the country, the citizen of which he is, and the person without citizenship of the country in which he has a permanent place of residence. At the same time, however, the capacity of these persons, including those engaged in entrepreneurship, with respect to transactions committed in the Russian Federation, and commitments arising in the investigation of harm in the Russian Federation is determined by Russian legislation.
The place of residence is a citizen who is an important element His legal status, recognizes the place where a citizen constantly or mainly lives. The place of residence of juvenile and ward citizens is recognized as the residence of their legal representatives.
Citizens registered as individual entrepreneurs have rights and obligations, including:
the right to create legal entities independently or together with other persons;
are obliged to respond in their obligations to all property owned by them;
can be recognized by bankrupt by the court decision.
It is most often created by people who are psychologically not adapted to submission. They cannot work in systems, where the heads of the heads, where necessary to perform their part of the work, not feeling the final results of their work. Motivation for entrepreneurship in those who discovered the calling for this often serves as a desire for freedom - freedom of material, freedom of influence on their own position, freedom of influence on the activities of their company, freedom of influence on their niche in the market. Freedom of influence on the situation in his village, the city, in his own country. They fulfill any work at their small enterprise, their income may be small, but at the same time they are proud that they are the source of what is happening, the hosts. Often those who decide to open their business - defend their own dignity, offended by the material disadvantage. Entrepreneurship is interesting for those who want to apply their mind as much as possible, skill, knowledge and ingenuity, physical power. Entrepreneurs want to have moral satisfaction from their activities, in terms of its public utility they will not make useless work or produce unnecessary products. Individual business will always have its place on the market. There are many directions for which large enterprises are simply not needed. There are directions that need in large enterprises and in individual entrepreneurs - respectively for large and small orders.
An individual entrepreneur, as well as a commercial legal entity, acts on its own behalf and performs any trade transactions that are not prohibited by law, i.e. Those transactions that are associated with the implementation of entrepreneurial activities are systematically or constantly and are directed to profit.
The entrepreneur is responsible for its obligations to all the property belonging to him, with the exception of the property, which, in accordance with civil procedural legislation, cannot be recovery. Moreover, an individual entrepreneur who has not fulfilled or inappropriately fulfilled the obligation associated with the implementation of entrepreneurial activities is responsible regardless of guilt. It is exempt from responsibility only if it proves that the proper fulfillment of the obligation was impossible due to force majeure. At the same time, such circumstances do not include, in particular, violation of the duties on the part of the debtor's counterparties, the lack of needed in the market for the execution of goods, the lack of the debtor necessary money Counterparty, one of the parties to the contract. Violated property rights and the interests of an individual entrepreneur are protected in a special arbitration procedural order.
An individual entrepreneur is carried out economic activities At its own expense, the full property responsibility for its results is responsible, manages its company itself, fully independently in the organization and development of its case, solely solves the issues of the distribution of the received income after paying taxes. All this determines the possibility of flexible adaptation, but also increases the degree of risk. An individual entrepreneur has the right, as well as a legal entity, to attract hired labor, but unlike a legal entity has the right to make his own property.
An individual entrepreneur has the right to engage in any kind of business activities, not prohibited by law. At the same time, certain types of activities, the list of which should be determined by law, he can only be engaged on the basis of a special permit (license).
You can distinguish three main signs of entrepreneurial activities:
implementation of activities for the purpose of profit (commercial). Each owner of the property has the right to relating to them at its discretion for itself, which is expressed, as a rule, in fruits and income from property, that is, profits;
implementation on your risk, that is, under your own property responsibility. Such a risk involves the adoption by the entrepreneur as the owner of the property not only possible adverse consequences, but also additional risk in obligational relations;
implementation by persons registered in this quality in accordance with the procedure established by law. Thus, the implementation of independent, to its risk of activities aimed at systematic profit by persons not registered as entrepreneurs is not entrepreneurship.
So, the status of an individual entrepreneur is acquired as a result of state registration of a citizen as an individual entrepreneur. Unreasonable refusal to state registration can be appealed by a citizen in an arbitration court. The refusal to state registration of the entrepreneur is allowed only in cases of inconsistency of the composition of the submitted documents and the composition of the information contained in them with the requirements of the Regulation on the procedure for the state registration of entities of entrepreneurial activities (№1482).
An entrepreneur (individual) can work in any post on a paid basis in any particular, state or public organizationsUnless this work or post is prohibited by law with entrepreneurship. Unlike legal entities, the property of individual entrepreneurs constituting the objects of commercial activity can be inherited and in the will. But the right to engage in entrepreneurial activity is not inherited.
Individual entrepreneurial activities of citizens are the basis of the management system, and the entrepreneur itself acts as a central figure of the economic and social life of the entire society. Agree with this, with rare exceptions, all famous politicians and scientists. Relationships related to entrepreneurship are represented by a special specific area of \u200b\u200bsocial livelihoods, which makes such a relationship with the object of regulation based on the right. About special relationship in the field of entrepreneurship may indicate that the fact that legal regulation Encompasses all relationships in this area. These are tax, labor, property, social relations. Individual entrepreneurial activities of a citizen is based on the desire to make a profit, while at the same time satisfying the public needs in the goods produced by him provided by the work performed.
What is understood under individual entrepreneurial activities
Entrepreneurial law will operate on the concept of entrepreneurial activity, where the individual entrepreneurial activity of a citizen and collective activity is similarly interpreted. That is, the interpretation for individuals and legal entities in this case is the same. Today, this concept itself and its content are defined in the Civil Code of the Russian Federation (Article 2 of paragraph 1 of paragraph 3). Entrepreneurial activity of a citizen, Civil Code of the Russian Federation (Article 23 of paragraph 3 and others) have inseparable communicationSince it is in the code that is defined, in accordance with the interpretation, equal conditions legal relationship For individuals and legal entities in the field of entrepreneurship.
Entrepreneurial activities of a citizen - this is carried out by independently, at their own risk activities, the main purpose of which is permanent income from of different kind actions. Such actions are the use of property, selling goods, execution different work And the provision of services by citizens who are registered as entrepreneurs in the manner established by law and regulatory acts.
Since in the Civil Code of the Russian Federation (Article 23), the subjectivity of entrepreneurship is determined for citizens and legal entities, and the content itself of such a concept, as a citizen of a citizen of the Russian Federation, is given, but does not disclose, the individual entrepreneurial activity of a citizen is considered as the same entrepreneurship, but carried out in exclusively Individually.
Finally, the definition will look like this:
- Individual entrepreneurial activities of citizens, as individuals - this activity carried out by independently, at their own fear of directly a citizen who is registered as an individual entrepreneur without creating a legal entity, in accordance with the procedure established by law and regulatory acts, and is aimed at continuous receipt of income from Such actions as the use of property, selling goods, performing various works and provision of services.
It should be noted that in accordance with Russian legislation, the right of citizens to engage in entrepreneurship, but the term of a citizen is denoted by any individual, which is a subject in civil law. Accordingly, the entrepreneurial activity of foreign citizens also falls under the definition of individual entrepreneurial activities of a citizen.
The legal capacity of an individual entrepreneur
Legal capacity, together with legal capacity, determines the legal personality, which is necessary for the implementation of a citizen of entrepreneurial activity.
The legal capacity of the citizen is its ability to have rights and be responsible, fulfilling the duties in civil society.
The legal capacity is recognized automatically for all citizens equally. It arises from the moment when a person is born, and stops with his death. The legal capacity is general and limited exclusively in the established Civil Code of the Russian Federation (Article 2 of paragraph 1). The general exercise of civil rights may be limited by the boundaries of the pervolored behavior established in the Civil Code. Not allowed certain actionsaimed at causing harm to other citizens and all sorts of abuse of right. Can not use civil rights Restore competition, as well as abuse using the dominant position in the market.
Any citizen who has legal capacity can do businesses, but not every citizen can realize this right. To implement such a right, a citizen must be capable.
Accuracy of entrepreneur
The concept of the capacity of a citizen is given in the Civil Code of the Russian Federation (Article 22):
- The legal capacity of a citizen is its ability to implement civil rights by their own actions, which is also manifested in the creation and execution of civil duties.
The main elements of legal capacity include:
- Coolness - the ability of a citizen to make deals independently.
- Details - the possibility of carrying independent property responsibility.
The capacity of a citizen comes after they achieve the age of age at the age of 18 or after the passage of the Emancipation procedure on the basis of the Civil Code of the Russian Federation (Article 27) from 16 years.
It follows from the above that the individual entrepreneurial activities of citizens without the formation of a legal entity can be carried out only by capable citizens.
Restriction of legal capacity can be applied in cases where a citizen abuses alcohol or takes narcotic drugs. Also, the restriction can be applied to minors, if there is no parental permission to engage in individual entrepreneurship, and to citizens with a limited court with legal capacity.
Direct implementation of individual entrepreneurship
An individual entrepreneur in the Russian Federation can be as a citizen of Russia, so a citizen of another state, as well as persons who are not citizenship. All action carried out by the individual entrepreneur can be carried out only by him directly from their own behalf. In this regard, the individual entrepreneur must necessarily be registered in state bodies. In its work, he uses exclusively his own work.
Differences between an individual entrepreneur and a citizen-entrepreneur
A citizen entrepreneur in accordance with the Civil Code of the Russian Federation can be both a physical and legal entity, and an individual entrepreneur is an extremely individual acting independently and not using hired labor.
Forms of individual entrepreneurship
The forms of entrepreneurial activity of a citizen are defined in the only individual form.
In an individual form, a citizen's sole enterprise can be organized, who acts as the owner of such an enterprise. To participate in the activities of such an enterprise can both the owner and his family, but the functions of the owner and an individual entrepreneur are connected in this case in one subject, namely in the owner itself. Usually, the implementation of a citizen of entrepreneurial activity in an individual form is used where rapid decisions are required. Most often it is trading where the capital turns around faster. The individual form of entrepreneurship, due to the fact that all activities are conducted by an entrepreneur independently requires availability high level professional training in different areas.
State Registration of Individual Entrepreneurship
The right of a citizen to engage in entrepreneurship should be confirmed by registration in government bodies. The sequence of actions is as follows:
- Appeal to the registration authority submitted by the Federal Tax Service of Russia.
- Obtaining a certificate of state registration.
- Obtaining licenses for certain activities subject to licensing law.
- Registration in funds that are extrabudgetary.
- Opening accounts in banks.
Documents required for registration
A physical person who wished to become an individual entrepreneur provides such documents to the registration authority:
- Filled and signed by a personally signed by a citizen State Registration statement. The application form is approved by the Government of the Russian Federation.
- Copy of the identity of the main document.
- If the primary identity document does not contain date and place of birth, then it is necessary to provide a birth certificate.
- A copy of the document giving the right to permanent accommodation In the Russian Federation for citizens of other states and individuals without citizenship.
- A copy or original document confirming the place of residence of a citizen.
- Notarized document consent of parents when registering minors.
- Receipt about the payment of state duty.
What can the individual entrepreneur
An individual entrepreneur is allowed to engage different species Activities not prohibited law. A license or special permissions are required to carry out certain types of activities. There are activities covered for individual entrepreneurship. All these questions are negotiated within the framework of the current Russian legislation and the appropriate consultation can be obtained when registering individual entrepreneurship.
Responsibility of an individual entrepreneur
In the implementation of individual entrepreneurial activities without the formation of a legal entity, civil law, tax or even criminal liability can be assigned to a citizen. Attracting a citizen can be carried out in the commission of unlawful acts with intent or by negligence. The measure of responsibility is determined in accordance with the current russian legislation, namely, the Civil Code of the Russian Federation, the NC RF, the Criminal Code of the Russian Federation, the Code of the Russian Federation.
In what cases, an individual entrepreneur may lose its status
An entrepreneurial activity of a citizen of an individual may at any time be well stopped in accordance with applicable law on the following grounds:
- Decision about the cessation of activities.
- Death of an entrepreneur.
- Recognition of an individual entrepreneur insolvent in court.
- Activities stopped forced by a court decision.
- A court sentence prohibiting citizen to carry out individual entrepreneurial activities entered into force.
To terminate activities, the appropriate statement should be issued in the registration site at the place of accounting and pay for state duty, as well as provide data on termination of activities in Pension Fund RF.
The role of individual entrepreneurship is highly valued in the entire world community due to its functionality and efficiency, the ability of an instant reaction to the emerging demand for all sorts of goods, work and services.
art. The 2 Civil Code of the RF - entrepreneurial is an independent, activities carried out to the systematic receipt of profit from the use of property, sales of goods, work, or providing services to persons registered in this quality in the manner prescribed by law.
The ability to engage in entrepreneurship is part of the legal capacity of the citizen specified in Article 18 of the Civil Code of the Russian Federation.
A citizen acquires and delivers rights and obligations under his name. The name includes the name and surname. Patronymic and other individualizing features (junior, senior, second, etc.) are determined according to the national legislation of the citizen and custom. The name of the citizen is determined in accordance with the document certifying his personality issued in the procedure established by national legislation.
A citizen has a permanent or predominant place of residence. A citizen carries the risk of the creditors of a different residence, as well as the risk of non-receipt of legally significant messages at the place of residence.
A citizen is entitled to engage in entrepreneurship in a legal entity or without his education, after registering as an individual entrepreneur. A citizen's entrepreneurial activity is subject to the rules regulating the activities of a commercial legal entity, within the limits of non-contradiction with the status of a citizen.
A violation of a citizen of registration procedure as an individual entrepreneur does not give him the right to refer to the transactions concluded by him at the same time that he is not an entrepreneur. The court can apply the rules on obligations related to the implementation of entrepreneurial activities.
Citizens can be united in the peasant (farmer) economy for activities in the field of activities agriculture without state registration of a legal entity. The head of KFK is a citizen registered as an individual entrepreneur.
A citizen meets its obligations to everyone belonging to him. Exceptions from this rule are established by the legislation of the Russian Federation. If a citizen cannot meet the requirements of creditors on monetary obligations and (or) to fulfill the obligation to pay mandatory payments, it can be recognized in court insolvent (bankrupt). The cases of recognition of a citizen untenable (bankrupt) are considered by the arbitration courts, in accordance with the Federal Law "On the insolvency (bankruptcy" and the norms of the APC RF.
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Entrepreneurial An independent activities carried out on its risk aimed at the systematic profit from the use of the property, the sale of goods, the performance of works or the provision of services by persons registered in this capacity in accordance with the procedure established by law (paragraph 3 of paragraph 1 of Article 2 of the Civil Code) is recognized.
Signs of entrepreneurial activity.
- It should be activities (actions system), not a one-time action.
- it independent activities - organizational independence, irregularity, action on its own behalf, the opportunity to act at its discretion.
- On its risk - activities with a non-warranty positive result, all losses are treated on the entity of entrepreneurial activity, i.e. Will be responsible for your property.
- The focus on systematic profit.
- Activities are subject to state registration.
Conditions for business entrepreneurial activities.
- State registration of a person as an individual entrepreneur. Registration is carried out by tax authorities. A declarative order is installed for registration.
2. The lack of a ban on business activities (for some categories of citizens associated with his position). State registration of an individual as an individual entrepreneur, in cases
His incapacity;
If its state registration in such an important way has not lost strength;
If the year has not expired since the court acceptance of the decision to recognize it insolvent (bankrupt);
If the deadline for which this person is delegated to the court is deprived of the right to engage in entrepreneurship.
3. Availability of a license to occupy some activities.
Order. The entrepreneurial activities of citizens carried out without the formation of a legal entity, respectively, the rules of the GC are applied, which regulate the activities of legal entities that are commercial organizations, unless otherwise follows from the law, other legal acts or creatures of legal relations.
Otherwise, the question is solved for IP, rather than for commercial organizations on the following issues:
- Brand Name (maybe for commercial organization). The rules on the use of the name are prohibited for the IP use of a fictional name (pseudonym). IP can act only on their own behalf (Art. 19 of the Civil Code).
- Consequences of entrepreneurial activities without state registration. The court can apply to such transactions of the GC rules on liabilities related to the implementation of entrepreneurial activities (commercial organizations).
- Limits of property responsibility IP. For legal entities - answer all their property. A citizen is responsible for its obligations to all the property belonging to him, with the exception of property, which, in accordance with the law, cannot be recovered. The list of property of citizens to which the penalty cannot be drawn is established by Art. 446 GPK (the only residential premises, the property necessary for professional classes, household items ...).
- In otherwise the question of insolvency (bankruptcy) of the IP is solved.
Under inconsistency (bankruptcy) It is understood as an adequateness of the debtor, recognized by the Arbitration Court or announced by the debtor, to meet the requirements of creditors on monetary obligations and (or) to fulfill the obligation to pay mandatory payments.
Federal Law "On Insolvency (Bankruptcy)" provides for three cases of a citizen bankruptcy:
Bankruptcy of a citizen who is not an individual entrepreneur;
Bankruptcy of an individual entrepreneur;
Bankruptcy of the peasant (farmer) economy.
Signs of bankruptcy All three categories are:
inability to meet the requirements of creditors on monetary obligations and (or) to fulfill the obligation to pay mandatory payments
For three months from the date, when they had to be executed;
The amount of its obligations exceeds the value of the property belonging to it (non-payment);
The amount of debt is at least ten thousand rubles.
Order: Judicial.
Effects:
1. Competitive production opens - building creditors in the queue;
2. The property is defined for which the recovery may be sent (taking into account Art. 446 of the Code of Civil Procedure);
3. The requirements of creditors are satisfied in the order and in order, which are provided for by law on insolvency (bankruptcy).
4. After completing the calculations with creditors, a citizen recognized by bankrupt is exempt from the further execution of creditors' claims declared during the procedures applied in bankruptcy case
Requirements of creditors on compensation for harm caused to life or health, on the recovery of alimony, as well as other requirements that are inextricably linked with the personality of the lender and not represented in the order of execution of the decision of the Arbitration Court on the recognition of a citizen bankrupt, or partially represented, or not declared during the procedures, The bankruptcy applied in business is maintained and can be presented after the end of the proceedings on the bankruptcy case of a citizen in full or in their outstanding part.
In the event of identifying the facts of concealing by a citizen of property or illegal transfer by a citizen of property to third parties, the creditor, the requirements of which were not satisfied during the procedures applied in the bankruptcy case, are entitled to make a requirement to address this property.
Feature for IP and KFH:
5. From the moment of this decision, its registration is lost as an individual entrepreneur, as well as the licenses issued to him on the implementation of certain types of entrepreneurial activities.
6. For one year, an individual entrepreneur cannot be registered in this capacity.