Can the IP have a name? Legislative framework: important aspects. Right to use the name

21.09.2019

An individual entrepreneur can, at his own discretion, open a bank account for financial transactions or issue a seal. But these actions are advisory in nature. According to current legislation, these measures are optional and depend on the specifics of the activity. Do I need to register a name to open an individual entrepreneur? Around this issue There have always been disputes and divisions of opinion. Let's consider this aspect in more detail.

Official name

Each established enterprise must have an official name, individual entrepreneur is no exception. His name is indicated in the constituent documents. In addition, many entrepreneurs want to give a commercial name that would reflect the company’s activities, be bright and memorable, and attract potential buyers.

Absolutely every subject economic activity has the right to register proper name. Such entities include:

joint stock companies;
society with limited liability;
additional liability companies;
complete societies;
limited partnerships.

The individual entrepreneur must indicate his last name, first name and patronymic in his constituent documents. Such personal data can be called a kind of name for the created company, since it acts as an official designation.

Commercial name

But often on the signs of companies (shops, beauty salons, offices) one name is indicated, and on the receipt - a completely different one. The fact is that it is undignified and unattractive in terms of attracting clients to give the company a name in the form of a full name. Therefore, in addition to the personal data specified in the documents, you can come up with another name for your company.

For example, the beauty salon “Creatif”, the store “Economy”, etc. These names are characterized by consonance and laconicism, they show the advantages of the presented enterprises. Agree, the beauty salon Ivan Ivanovich Ivanov will not be able to attract potential clients. Many entrepreneurs complement the selected original names with a specially designed logo, history of creation, etc. Perhaps this will soon become a recognizable and well-known brand.

The legislative framework

Please note: the official name (full name) must be marked on the seal imprint. The seal also contains the address of the individual entrepreneur, the main state registration number entrepreneur. The seal may also consist of a specific company logo, if one is provided and developed in advance by the founder.

To answer the question whether an individual entrepreneur can have a name as an organization, it is necessary to refer to the provisions of Russian civil legislation. In particular, Art. 1538 of the Civil Code states that individual entrepreneurs in their activities can use commercial designations that are not brand names for personal characteristics and to indicate the ownership of various enterprises.

That is, the essence is that all official documents will mention full last name, first name, patronymic of the individual entrepreneur, and for the store, salon, company the commercial name will be used. You can also register a trademark.

Pros of using a name for an individual entrepreneur

Marketing move. Having analyzed Russian legislation, we can conclude that the name of a businessman should sound like “IP Full Name”. But you can easily name your beauty salon “Lokon” or “Curler”. And it’s more prestigious when they go to a place with beauty beautiful name, and not the dry abbreviation IP. And it is unlikely that you will ever see a store with a sign bearing the name of the entrepreneur (although the limits of human vanity are unpredictable).
Advertising. This is a point that follows from the previous one. But nowadays there is nowhere without advertising. And a euphonious name stays on everyone’s lips faster than the name of an entrepreneur. Although in this case the owners of famous famous brands could argue. And here a common situation is when a name with the surname of an entrepreneur will arouse more interest than if it were closed with some faceless name.
Anonymity. The employees you hire can do all their functional responsibilities, and no one will guess that the Chistyulya dry cleaner actually belongs to you.

Certain provisions

An individual entrepreneur may have a name like an organization, but there is initially a difference between them. It consists in the fact that organizations register their corporate name in the Unified State Register of Legal Entities. Individual entrepreneurs are entered into the register by full name.
When issuing a check or other payment document, it will contain the personal data of the entrepreneur, and not his commercial name.
The commercial designation of an individual entrepreneur is not subject to mandatory inclusion in official documents.
Several business entities may have the same name.
When concluding contracts, businessmen must indicate their official name and not mislead counterparties by using commercial designations.

Registration of an IP trademark

An individual entrepreneur can also register his trademark (trademark or trademark, brand) - this is a designation that is intended to individualize a product and distinguish it from competitors. It may contain verbal, artistic or other designation. Legally, it is not a company name.

In addition, in this case, including to maintain the image, the businessman must order an original seal. It must contain: TIN where the activity is carried out, commercial and official name, designer logo.

The procedure for registration and use of trademarks is regulated by the norms of the Civil Code of the Russian Federation. In particular, state registration of designations without signs of identification or containing only such elements that:

commonly used to refer to certain goods;
are generally accepted symbols and terms;
indicate the characteristic features of the product;
represent the form and function of the product.

To register a trademark, you must submit an application to Rospatent and pay a fee. The application must be accompanied by: the designation itself in 2 copies, its description and a list of goods to which this mark will apply. This can be done in person or through a representative by proxy. After a positive consideration of the application, the trademark is registered in the register, and information about the registration is published. The right to a specific trademark will be certified by a corresponding certificate, which is valid for ten years and can be extended indefinitely.

Thus, the answer to the question whether an individual entrepreneur can have its own name depends on the business strategy and own desire businessman.

biznesogolik.ru

Can an individual entrepreneur have a name and logo?

Can an individual entrepreneur have a name like an organization? What actions must an individual entrepreneur take to register a trademark and what are the peculiarities of this procedure? The answers to these, as well as a number of other questions regarding the name and logo of the individual entrepreneur, are presented in the material below.

According to the norms of civil legislation, an individual entrepreneur is an individual who have received the right to conduct business in a particular area. The name of an individual entrepreneur, as a rule, consists of a combination of the legal form of the enterprise (IP) and the full name of the entrepreneur who registered the business, say, IP Ivanov Ivan Ivanovich. It is this name that is used when registering transactions and concluding contracts. At the same time, a businessman has the right to assign a commercial name to his store or hairdressing salon, as well as register a logo. How to do this and what are the advantages of such a commercial move, read on.

What are the benefits of using a commercial name?

So, in accordance with the norms of legislative acts, an individual entrepreneur has the right to assign a commercial name to his enterprise, that is, instead of the dry and strict “IP Ivanov I.I.” the sign may display another more creative name, say, the “Effect” hair salon or the “Orchid” beauty salon.

What are the advantages of using a commercial name:

a successful marketing move. As practice shows, many consumers, in particular women, pay Special attention the name of the salons and stores, therefore, a retail outlet with the name “Gourmand” has a better chance of attracting customers than the store “IP Ivanov I.I.”;
advertising. It is much easier to promote an enterprise that has a euphonious name instead of a dry abbreviation. Although some entrepreneurs do not adhere to this opinion, arguing that many customers, on the contrary, choose a store based on its owner. As a rule, this applies to small settlements where almost all residents know each other;
anonymity. In some cases this is quite relevant, for various reasons. For example, if in the past your dry cleaner was famous for its poor quality of services, which was due to the fault of incompetent staff, but now completely different people work there, and the situation has changed radically, the option of assigning a commercial name to the enterprise can be a kind of lifesaver.

Some nuances regarding the commercial name of an individual entrepreneur

Unlike the name of an LLC, the name of an individual entrepreneur has its own characteristics:

LLC is a legal entity, therefore, according to the law, registration of its name takes place in in the prescribed manner. As for individual entrepreneurs, an enterprise of this organizational and legal form can officially name itself only in accordance with the established model (IP Ivanov I.I.). Information about the name of the company is entered in the Unified State Register of Legal Entities, about an individual entrepreneur - in the Unified State Register of Individual Entrepreneurs;
even if an individual enterprise has a commercial name that differs from that entered into the Unified State Register of Individual Entrepreneurs, the form of the enterprise (IP) is indicated in the check confirming the settlement transaction and full name entrepreneur;
legislative norms requiring the mandatory inclusion of information about the commercial name of the individual entrepreneur in official documentation, on this moment not developed;
if an individual entrepreneur owns a network of enterprises, there is no need to come up with a name for each outlet. All shops or hair salons of the same owner may have the same name;
When concluding transactions and drawing up agreements with counterparties and suppliers, the individual entrepreneur must indicate only the name under which the enterprise is registered in the Unified State Register of Individual Entrepreneurs. Business partners should not be confused by a commercial name.

Conditions and procedure for registering an IP logo

In order to individualize his product or services, an entrepreneur can register his trademark or so-called logo. Thanks to the presence of a logo, customers can easily determine who owns this or that product, so a trademark, in fact, is an advertisement for a business, which, unfortunately, is not always successful.

A logo should not be confused with a commercial name, since a trademark is a unique designation of an enterprise that may contain artistic, verbal or other elements. Please note that the presence of a logo requires the creation of an original seal, which must contain the following data:

place of activity;
individual entrepreneur tax number;
official name;
commercial name;
information about the designer logo.

The procedure for registering a logo, the conditions and requirements for its use are regulated by civil law. The law prohibits the use of logos without signs of identification or those that contain the following elements:

designations commonly used by other enterprises and organizations;
symbols and terms that are well known and generally accepted;
designations that in one way or another characterize the characteristics of a product sold or produced by an individual entrepreneur;
signs expressing functional characteristics goods.

The procedure for registering a trademark by an individual entrepreneur:

filing a corresponding application with Rospatent;
payment of state duty;
provision of necessary documents.

Methods for applying for logo registration:

individual entrepreneur personally;
through a representative. IN in this case The individual entrepreneur must issue a power of attorney to the representative, according to which the latter has the right to act in his interests and on his behalf.

If a positive decision is made, the applicant receives a corresponding certificate valid for 10 years. Logo information is entered into the register.

urlaw03.ru

IP name: corporate name for the company

An individual entrepreneur has every right to open a current account in his name and purchase a stamp. These measures are dispositive in nature, that is, advisory. The law does not oblige, but simply gives advice on what these attributes will be needed by an individual entrepreneur. But do you need a sole proprietorship name? The answer to this question is the same as in the case of printing. The official name is contained in the constituent documents, and the commercial name serves as a kind of PR move to attract new clients.

"Correct name

Any business entity has the right to have its own name, recorded in the constituent documents. Such entities include:

commercial organizations and IP;
non-profit organizations.

So names should have business companies(LLC, OJSC, CJSC and others). Does individual entrepreneurship have a place in this list? Can there be a name for an individual entrepreneur and in what form can it be presented?

The documents of a private entrepreneur usually indicate the last name, first name and patronymic of the businessman. It is this data that serves as the official designation of the individual entrepreneur on the letter. However, many of us have encountered a situation where one name is indicated on a sign in a store, warehouse or office, but a completely different name is indicated on the receipt. Agree that “individual entrepreneur – full name” sounds undignified. This name is not entirely suitable for an individual entrepreneur if he wants to attract as much attention as possible from potential clients. Most often, individual entrepreneurs come up with a corporate designation for their business, it even goes as far as a logo.

It is worth saying that the main name (full name) assigned to the individual entrepreneur must be marked on the seal imprint. In addition to the city, region, OGRNIP number, the seal must also contain the logo of the individual entrepreneur (if one was developed in advance by the businessman).

According to the law, the name of a company for an individual entrepreneur does not have to be officially recorded. However, the law does not prohibit doing this if a businessman wants to finally and irrevocably legalize his activities.

Article 1538 of the Civil Code of the Russian Federation contains two most important points that provide an explanation of what a commercial designation (trade name of an individual entrepreneur) is:

How can you name your individual entrepreneur company: naming options

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To find the answer to this question, you first need to understand the concepts. Registration of an enterprise and an individual entrepreneur is significantly different. Although both economic entities are guided by the same law. Therefore, let’s try to find out how you can call your company an individual entrepreneur so that there are no contradictions with regulations.

On video: What is a domain and how to choose a domain name

Requirements for the name of business entities

In the Civil Code of the Russian Federation and Federal law No. 14-FZ dated 02/08/98 “On Limited Liability Companies” stipulates the following requirements:

the name must determine the organizational and legal form of the economic entity;
the words "Russia" or " Russian Federation» may appear in the name only with special permission and written confirmation;
the name of the company should not contradict humanity, morality and public interests;
the enterprise cannot be called by an existing name;
The presence of the names of government structures and the names of any states in the name of the organization is prohibited;
the generally accepted name of an individual entrepreneur is the surname, first name, patronymic before which there must be an abbreviation (IP Khrustalev Anton Petrovich);
an individual entrepreneur can hang a sign on his store, provided that it is a retail business. For example, “Products” or “Auto Parts”. This would not be an offense because the words would be well known and would remind the buyer of the type of product being sold. The name may be something like “Auto parts (IP Khrustalev)”;
As for a trademark, an individual entrepreneur can register it as a word mark or logo. For example, "Store food products"Chamomile". But in the documents it is necessary to indicate the details of the entrepreneur (the Romashka food store, represented by IP Khrustalev, signed an agreement with...).

To register a trademark, you need to check its uniqueness in the logo database so as not to be repeated. Collect Required documents(application, class, description, product image, confirmation of enterprise management, receipt of payment of state duty), submit an application to Rospatent.

On video: Naming. A special approach to the name

Frequently asked questions

The main issues that individual entrepreneurs discuss in specialized forums:

What can you name your company? The success of an enterprise often depends on the name. Therefore, you need to carefully approach this issue, but do not forget about the requirements of the law. Initially, the abbreviation, surname of the business entity, as well as the presence of a registered trademark must be indicated.
Can an individual entrepreneur be called a company? No. An individual entrepreneur cannot call his business a company, since he is an individual and not a legal entity (Article 48 of the Civil Code of the Russian Federation).
Can an individual entrepreneur be called “Chamomile”? Yes. An individual entrepreneur can be called a chamomile, provided that the entrepreneur has registered the corresponding trademark. However, the documents must necessarily display information about the business entity (for example, the Romashka food store represented by IP Khrustalev).
Is it possible to name an individual entrepreneur by a name other than his last name? No. The abbreviation and surname of the entrepreneur must be indicated in the registration documents. An individual entrepreneur cannot be called by someone other than his last name.
Can an individual entrepreneur be named after the director’s surname? This organizational and legal form does not provide for the position of director. The entrepreneur is the main managing person, therefore, the individual entrepreneur must be registered in his name personally. Whereas entity has the right to appoint a director.
What should an individual entrepreneur name a company? If an entrepreneur registers a trademark for himself, then he can name the enterprise not only by his full name, but also by another word. It's best described as "loud", an attention-grabbing word. However, it must indicate the product being sold and comply with the requirements of the law. For example, you can name a grocery store “Yummy” if another entrepreneur does not use such a name.
What name can be given to a trademark? An entrepreneur cannot choose a name on his own, since there is specific classification, by which the name is assigned. For example, you cannot give an already registered trademark name, or a common name that directly speaks to the purpose of the product. All requirements are specified in the Civil Legislation.
What private business names already exist? Such verbal designations as “Sun”, “Chamomile”, “Cornflower”, “Swallow”, “MasterOK”, “FotoChka”, “StroyMir”, “StroyLand” have been registered. You can check the uniqueness of the “company name” on the websites of patent offices or in the Rospatent database.

An analysis of business forums shows that many entrepreneurs are puzzled by the question: “Why is there only one option for the name of an individual entrepreneur if the trademark is not registered?” This procedure is determined by law. To expand their capabilities, business entities must register a legal entity.

On video: Refinement of the trademark: design and naming

What should an individual entrepreneur name a company? There is only one option. An entrepreneur can name the company strictly with an abbreviation based on the last name; another word in the name can only be used when registering a trademark. In this case, the name must not contradict the requirements of the law. Therefore, the business of entrepreneur Khrustalev without a trademark will be “IP Khrustalev”.

On video: Choosing a name for your business | 8 tips for entrepreneurs

Individual entrepreneur (IP)(obsolete private entrepreneur (PE), PBOYUL until 2005) is an individual registered as an entrepreneur without forming a legal entity, but in fact possessing many of the rights of legal entities. The rules of the civil code regulating the activities of legal entities apply to individual entrepreneurs, except in cases where separate articles of laws or legal acts are prescribed for entrepreneurs.()

Due to some legal restrictions (it is impossible to appoint full-fledged directors to branches in the first place), an individual entrepreneur is almost always a micro-business or small business.

according to the Code of Administrative Offenses

Fine from 500 to 2000 rubles

In case of gross violations or when working without a license - up to 8,000 rubles. And, it is possible to suspend activities for up to 90 days.

From RUB 0.9 million for three years, and the amount of arrears exceeds 10 percent of the tax payable;

From 2.7 million rubles.

Fine from 100 thousand to 300 thousand rubles. or in the amount of the culprit’s salary for 1-2 years;

Forced labor for up to 2 years);

Arrest for up to 6 months;

Imprisonment for up to 1 year

If the individual entrepreneur fully pays the amounts of arrears (taxes) and penalties, as well as the amount of the fine, then he is exempt from criminal prosecution (but only if this is his first such charge) (Article 198, paragraph 3 of the Criminal Code)

Evasion of taxes (fees) on an especially large scale (Article 198, paragraph 2. (b) of the Criminal Code)

From 4.5 million rubles. for three years, and the amount of arrears exceeds 20 percent of the tax payable;

From 30.5 million rubles.

Fine from 200 thousand to 500 thousand rubles. or in the amount of the culprit’s salary for 1.5-3 years;

Forced labor for up to 3 years;

Imprisonment for up to 3 years

Fine

If the amounts for criminal prosecution are not reached, then there will only be a fine.

Non-payment or incomplete payment of taxes (fees)
1. Non-payment or incomplete payment of tax (fee) amounts as a result of understatement of the tax base, other incorrect calculation of tax (fee) or other unlawful actions (inaction) entails a fine in the amount of 20 percent of the unpaid amount of tax (fee).
3. The acts provided for in paragraph 1 of this article, committed intentionally, entail a fine in the amount of 40 percent of the unpaid amount of tax (fee). (Article 122 of the Tax Code)

Penalty

If you were just late in payment (but did not provide false information), then there will be penalties.

Penalties are the same for everyone (1/300 times key rate Central Bank per day of the amount of non-payment) and now amount to about 10% per annum (which is not very much in my opinion, taking into account the fact that banks give loans at a minimum of 17-20%). You can count them.

Licenses

Some types of activities an individual entrepreneur can only engage in after receiving a license, or permissions. Licensed activities of individual entrepreneurs include: pharmaceutical, private investigation, transportation of goods and passengers by rail, sea, air, as well as others.

An individual entrepreneur cannot engage in closed types of activities. These types of activities include the development and/or sale of military products, trafficking in narcotic drugs, poisons, etc. Since 2006, the production and sale of alcoholic beverages has also been prohibited. An individual entrepreneur cannot engage in: alcohol production, wholesale and retail trade alcohol (except for beer and beer-containing products); insurance (i.e. be an insurer); activities of banks, investment funds, non-state pension funds and pawnshops; tour operator activities (travel agency is possible); production and repair of aviation and military equipment, ammunition, pyrotechnics; production of medicines (sales possible) and some others.

Differences from legal entities

The state fee for registering individual entrepreneurs is 5 times less. In general, the registration procedure is much simpler and fewer documents are required.
An individual entrepreneur does not need a charter and authorized capital, but he is liable for his obligations with all his property.
An entrepreneur is not an organization. It is impossible for an individual entrepreneur to appoint a full and responsible director.
has no IP cash discipline and can manage the funds in the account as desired. Also, the entrepreneur makes business decisions without recording them. This does not apply to working with cash registers and BSO.
An individual entrepreneur registers a business only in his own name, in contrast to legal entities, where registration of two or more founders is possible. Individual entrepreneurship cannot be sold or re-registered.
A hired employee of an individual entrepreneur has fewer rights than a hired employee of an organization. And although the Labor Code equates organizations and entrepreneurs in almost all respects, there are still exceptions. For example, when an organization is liquidated, the mercenary is required to pay compensation. When closing an individual entrepreneur, such an obligation exists only if it is specified in the employment contract.

Appointment of director

It is legally impossible to appoint a director in an individual entrepreneur. The individual entrepreneur will always be the main manager. However, you can issue a power of attorney to conclude transactions (clause 1 of Article 182 of the Civil Code of the Russian Federation). Since July 1, 2014, it has been legislatively established for individual entrepreneurs to transfer the right to sign an invoice to third parties. Declarations could always be submitted through representatives.

All this, however, does not make the people to whom certain powers are delegated directors. A large legislative framework on rights and responsibilities has been developed for directors of organizations. In the case of an individual entrepreneur, one way or another, he himself is responsible under the contract, and with all his property he himself is responsible for any other actions of third parties by proxy. Therefore, issuing such powers of attorney is risky.

Registration

State registration of an individual entrepreneur carried out by the Federal Tax Service of the Russian Federation. The entrepreneur is registered with the district tax office at the place of registration, in Moscow - MI Federal Tax Service of the Russian Federation No. 46 for Moscow.

Individual entrepreneurs can be

adult, capable citizens of the Russian Federation
minor citizens of the Russian Federation (from 16 years of age, with the consent of parents, guardians; married; a court or guardianship authority has made a decision on legal capacity)
foreign citizens living in the Russian Federation

OKVED codes for individual entrepreneurs are the same as for legal entities

Necessary documents for registration of an individual entrepreneur:

Application for state registration individual entrepreneur (1 copy). Sheet B of form P21001 must be filled out by the tax office and given to you.
A copy of the Taxpayer Identification Number.
A copy of your passport with registration on one page.
Receipt for payment of the state fee for registration of an individual entrepreneur (800 rubles).
Application for switching to the simplified tax system (If you need to switch).

An application for registration of individual entrepreneurs and other documents can be prepared online in a free service.

Within 5 days you will be registered as an individual entrepreneur or you will receive a refusal.

You must be given the following documents:

1) Certificate of state registration of an individual as an individual entrepreneur (OGRN IP)

2) Extract from the Unified State Register of Individual Entrepreneurs (USRIP)

After registration

After registering an individual entrepreneur it is necessary to register with Pension Fund and the Federal Compulsory Medical Insurance Fund, obtain statistics codes.

Also necessary, but optional for an entrepreneur, is opening a current account, making a seal, registering a cash register, and registering with Rospotrebnadzor.

Taxes

IP pays fixed payment to the pension fund for the year, 2019 - 36,238 rubles + 1% of income over 300,000 rubles, 2018 - 32,385 rubles + 1% of income over 300,000 rubles. Fixed fee paid regardless of income, even with zero income. To calculate the amount, use the IP fixed payment calculator. There are also KBK and calculation details.

An individual entrepreneur can apply tax schemes: simplified tax system (simplified), UTII (imputed tax) or PSN (patent). The first three are called special modes and are used in 90% of cases, because they are preferential and simpler. The transition to any regime occurs voluntarily, upon application; if you do not write applications, then OSNO (general taxation system) will remain by default.

Taxation of an individual entrepreneur almost the same as for legal entities, but instead of income tax, personal income tax is paid (under OSNO). Another difference is that only entrepreneurs can use PSN. Also, individual entrepreneurs do not pay 13% on personal profits in the form of dividends.

An entrepreneur has never been obliged to keep accounting records (chart of accounts, etc.) and submit financial statements (this only includes a balance sheet and a financial performance statement). This does not exclude the obligation to keep tax records: declarations of the simplified tax system, 3-NDFL, UTII, KUDIR, etc.

An application for the simplified tax system and other documents can be prepared online in a free service.

Inexpensive programs for individual entrepreneurs include those with the ability to submit reports via the Internet. 500 rubles/month. Its main advantage is ease of use and automation of all processes.

Help

Credit

It is more difficult for an individual entrepreneur to get a loan from a bank than for a legal entity. Many banks also give mortgages with difficulty or require guarantors.

An individual entrepreneur does not keep accounting records and it is more difficult for him to prove his financial solvency. Yes, there is tax accounting, but profit is not allocated there. Patent and UTII are especially opaque in this matter; these systems do not even record income. The simplified tax system “Income” is also unclear, because it is not clear how many expenses there are. The simplified tax system "Income-Expenditures", Unified Agricultural Tax and OSNO most clearly reflect the real state of the individual entrepreneur's business (there is an accounting of income and expenses), but unfortunately these systems are used less frequently.
The individual entrepreneur himself (as opposed to the organization) cannot act as collateral in the bank. After all, he is an individual. The property of an individual can be collateral, but this is legally more complicated than collateral from an organization.
An entrepreneur is one person - a person. When issuing a loan, the bank must take into account that this person can get sick, leave, die, get tired and decide to live in the country, giving up everything, etc. And if in an organization you can change the director and founders with the click of a finger, then in this case an individual entrepreneur can just close it and terminate the loan agreement or go to court. IP cannot be re-registered.

If a business loan is denied, then you can try to take out a consumer loan as an individual, without even disclosing your plans to spend money. Consumer loans usually have big bets, but not always. Especially if the client can provide collateral or has a salary card with this bank.

Subsidy and support

In our country, hundreds of foundations (state and not only) provide consultations, subsidies, and preferential loans for individual entrepreneurs. Different regions have different programs and help centers (you need to search). .

Rice. Number of individual entrepreneurs per 10,000 population

Experience

Pension experience

If the entrepreneur pays everything regularly to the Pension Fund, then the pension period runs from the moment of state registration until the closure of the individual entrepreneur, regardless of income.

Pension

According to current legislation, an individual entrepreneur will receive a minimum pension, regardless of how many contributions to the Pension Fund he pays.

The country is undergoing almost continuous pension reform and therefore it is not possible to accurately determine the size of the pension.

Since 2016, if a pensioner has the status of an individual entrepreneur, then his pension will not be indexed.

Insurance experience

The insurance period for the Social Insurance Fund only applies if the entrepreneur voluntarily pays contributions to the social insurance (FSS).

Difference from employees

The Labor Code does not apply to the individual entrepreneur himself. It is accepted only for hired workers. An individual entrepreneur, unlike a director, is not a mercenary.

Theoretically, an individual entrepreneur can hire himself, set a salary and make an entry in the work book. In this case, he will have all the rights of an employee. But it is not recommended to do this, because... then you will have to pay all salary taxes.

Only a female entrepreneur can receive maternity leave and only under the condition of voluntary social insurance. .

Any businessman, regardless of gender, can receive an allowance of up to one and a half. Either in RUSZN or in the FSS.

Individual entrepreneurs are not entitled to leave. Because he has no concept of working time or rest time and the production calendar also does not apply to him.

Sick leave is granted only to those who voluntarily insure themselves with the Social Insurance Fund. Calculated based on the minimum wage, the amount is insignificant, so in social insurance it makes sense only for mothers on maternity leave.

Closing

Liquidation of an individual entrepreneur is an incorrect term. An entrepreneur cannot be liquidated without violating the Criminal Code.

Closing an individual entrepreneur occurs in the following cases:

in connection with the adoption of a decision by an individual entrepreneur to terminate activities;
in connection with the death of a person registered as an individual entrepreneur;
by court decision: forcibly
in connection with the entry into force of a court verdict of deprivation of the right to engage in entrepreneurial activity;
in connection with the cancellation of a document (overdue) confirming the right of this person to reside in Russia;
in connection with a court decision to declare an individual entrepreneur insolvent (bankrupt).

Databases on all individual entrepreneurs

Website Contour.Focus

Partially free Contour.Focus The most convenient search. Just enter any number, last name, title. Only here you can find out OKPO and even accounting information. Some information is hidden.

Extract from the Unified State Register of Individual Entrepreneurs on the Federal Tax Service website

For free Federal Tax Service database Unified State Register of Individual Entrepreneurs (OGRNIP, OKVED, Pension Fund number, etc.). Search by: OGRNIP/TIN or full name and region of residence (patronymic name does not have to be entered).

Bailiffs Service

For free FSSP Find out about enforcement proceedings for debt collection, etc.

With help, you can keep tax records on the simplified tax system and UTII, generate payment slips, 4-FSS, Unified Settlement, SZV-M, submit any reports via the Internet, etc. (from 325 rubles/month). 30 days free. Upon first payment. For newly created individual entrepreneurs now (free).

Question answer

Is it possible to register using temporary registration?

Registration is carried out at the address of permanent residence. To what is indicated in the passport. But you can send documents by mail. According to the law, it is possible to register an individual entrepreneur at the address of temporary registration at the place of stay, ONLY if there is no permanent registration in the passport (provided that it is more than six months old). You can conduct business in any city in the Russian Federation, regardless of the place of registration.

Can an individual entrepreneur register himself for work and make an entry in his employment record?

An entrepreneur is not considered an employee and does not make an entry in his employment record. Theoretically, he can apply for a job himself, but this is his personal decision. Then he must conclude with himself employment contract, make an entry in work book and pay contributions as for an employee. This is unprofitable and makes no sense.

Can an individual entrepreneur have a name?

An entrepreneur can choose any name for free that does not directly conflict with the registered one - for example, Adidas, Sberbank, etc. The documents and the sign on the door should still have the full name of the individual entrepreneur. He can also register the name (register a trademark): this costs more than 30 thousand rubles.

Is it possible to work?

Can. Moreover, you don’t have to tell them at work that you have your own business. This does not affect taxes and fees in any way. Taxes and fees to the Pension Fund must be paid - both as an individual entrepreneur and as a mercenary, in full.

Is it possible to register two individual entrepreneurs?

An individual entrepreneur is just the status of an individual. It is impossible to simultaneously become an individual entrepreneur twice (to obtain this status if you already have it). There is always one TIN.

What are the benefits?

There are no benefits in entrepreneurship for people with disabilities and other benefit categories.

Some commercial organizations also offer their own discounts and promotions. Online accounting Elba for newly created individual entrepreneurs is now free for the first year.

At the start of his activity, and sometimes even several months after its start, an entrepreneur is concerned with many questions, the answers to which, except for a lawyer, are often not available to anyone. One of them - ? Everyone chooses this registration form today more people. But, knowing that individual entrepreneurs are often called by the owner’s last name, some begin to doubt the correctness of their choice.

Indeed, a store with a name like “IP Ivanov” will not look very attractive. But we don’t see such signs, with the exception of departments in department stores and points in markets. Does this mean that stores, salons and other small organizations are registered as LLCs?

Not at all. Checks will help us quickly verify this. Go, for example, to cooking. Perhaps somewhere on the wall, in a not too conspicuous place, you will see a message that this is the “ownership” of an individual entrepreneur, plus the name of the individual entrepreneur himself. This is usually written on a sheet of A4 paper attached to the file. But there’s a different name on the sign!

On the check issued you will certainly find the name in which the business is registered. But the name, which colorfully alerts passersby that a culinary establishment is located here, most likely will not be there at all.

Even in large grocery supermarkets, whose names are known throughout the country, you can sometimes find an inscription on the receipt stating that the owner is. Most likely, this store is open as a franchise. The trademark and name are registered, the network exists, and a single point is open as an individual entrepreneur.

How to name an individual entrepreneur and how to formalize this legally?

It turns out that it is possible to legally combine the two names? Then the main thing – the one that is created for clients – will be resonant and interesting. And what is necessary for registration will remain only in the documents. But how to do that?

There is no secret to this. According to the legislation that is currently in force in our country:

The name of the individual entrepreneur is the full name of the owner; in fact, it is not some kind of company, but a designation of a specific person - an individual entrepreneur;

The name that customers see on the sign may be different, and this is not prohibited by law.

Simply put, if you are already registered as a legal entity and are opening a grocery store, there is nothing wrong with beautifully decorating the entrance, hanging a sign and giving an appropriate name that will be displayed on it. At the same time, there will be no problems with legislation in the future. What is listed in the documents is the name of the individual entrepreneur, and what is publicly visible is the commercial designation.

It turns out that you can call your business a “middle name” for visitors at your discretion. What kind of name it will be is up to you to decide. And to the question “ Is it necessary to legally register the name of an individual entrepreneur?“, the answer is simple: for the second one, it’s not necessary.

What to call an individual entrepreneur. Is it necessary to legally formalize the name of an individual entrepreneur?

However, there are exceptions: some names you will not be able to use. If there is already a company in the same direction with a similar name, and you decide to borrow it, you will actually use their brand for your own purposes. Of course, this may not be noticed for many months or even years, especially if you have a different design, but one day the legal owners of the name may find out about your business and decide to sue for a tidy sum.

To avoid this, you should find out in advance whether you risk getting into such a situation with your invented commercial designation. Thinking what to call an individual entrepreneur, be prudent.

Please also note here: you are breaking the law only if you use the name of a registered brand, trademark. If, for example, you have a flower shop “Romashka”, and on the other end of the city there is a similar one, but it is also just an individual entrepreneur, the situation is different. Do competitors with the same name have the same fictitious name and not listed in the papers as yours? Then you are not breaking anything.

If you want no one to use the selected name, you need to go through the procedure.

Is it possible to assign a name to an individual entrepreneur? This question concerns most novice businessmen. On the one hand, the official name of the entrepreneur is the last name, first name and patronymic. On the other hand, they are not always sonorous and will look and sound appropriate in advertising. In fact, an entrepreneur is not prohibited from using a business name. But it is worth carefully understanding this issue.

Is it possible to assign a name to my individual entrepreneur, do I need to register it?

In accordance with the legislation in Russia, the official name of an individual entrepreneur is the combination of this abbreviation with the last name, first name and patronymic. No other word or combination can be used for this.

This is exactly how the abbreviation in combination with the full name of the entrepreneur is indicated in the register both during registration and in the process of activity. It is important to understand that an entrepreneur is exclusively an individual. Therefore, it is impossible to register a company name for an individual entrepreneur.

Naturally, in official documents, including on checks and invoices, only an individual entrepreneur has the right to indicate in combination with his last name, first name and patronymic. However, in order to gain individuality, a business owner can name a store or place of service in a unique way. This approach makes the object memorable and facilitates advertising.

It should be borne in mind that for individual entrepreneurs the name is not included in registration documents. The name is used solely to identify the place of business. When organizing a network of business objects, an individual entrepreneur has the right to use one name to designate them.

If an entrepreneur subsequently wants to make his business unique, he has the right to register a trademark. It can be a logo or name.

Registering a trademark helps achieve the following goals:

combine objects owned by a businessman (shops, hairdressers, etc.);
stand out among competitors;
build your own recognizable brand.

It turns out that the question of what to call an individual entrepreneur sounds incorrect. It is more correct for an entrepreneur to choose the name of a retail outlet or other facility in which the activity is carried out.

If an entrepreneur chooses non-proprietary designations for his objects, there are no strict requirements for them.

However, it is important to know a few rules that will help make the name memorable:

It is important to achieve simplicity; the name should be easy to pronounce and write. This name will quickly be remembered and will be easily passed on from person to person. In the end, it will be clearly associated with a specific entrepreneur. Complex abbreviations and phrases cannot become a high-quality name.
A name that is a generally accepted concept cannot be registered.
Experts do not advise using too much descriptive information when naming a business.
If an entrepreneur believes that he will not stop, and subsequently his activities will expand, it is not recommended to use a link to a specific geographical area or product in the name.
It is also advised to refrain from using first and last names, words with ambiguous interpretation.

Caution should be taken when foreign words. They should sound adequately in Russian. It is worth carefully studying the translation of the resulting name, possibly with the assistance of a specialist. Dual meaning can tarnish the reputation of a businessman.

It is important to keep in mind that other organizations have the right to use any name. Today government agencies There is no list of names. Therefore, there is no point in checking the presence of the selected name in the registry. However, you should always strive for uniqueness. This allows for business recognition and helps clients uniquely identify the company.

They say: whatever you name the ship, that’s how it will sail. The same can be said about a store opened by an individual entrepreneur. The name should be sonorous, memorable and understandable. But here the question arises: is it necessary to register the name of the store? This is not necessary.

But if an entrepreneur comes up with a truly unique name and wants it to belong only to him, he has the right to register a service mark. In this case, the commercial designation can be used by the copyright holder and no one else.

To register the name of an individual entrepreneur, you should contact Rospatent.

In this case, you must provide a package of documents:

a receipt for payment of the appropriate fee;
an application requesting to register a service mark, which must include information about the entrepreneur;
the name to be registered is contained in the application itself and in the annex to it;
a description of the service mark explaining it;
a list of goods and services for which the registered name will be used.

Prepared documents can be sent to Rospatent by mail, brought in person or sent using electronic means of communication.

After the registration procedure is completed, the entrepreneur will be issued a certificate for the service mark. The right of exclusive use is valid for ten years; after its expiration, it can be extended an unlimited number of times.

If an individual entrepreneur wants to record the uniqueness of the brand name, he can register it. In this case, only a specific entrepreneur will be able to use the trademark name in his activities.

Before going through the registration procedure, you should familiarize yourself with a number of rules:

In addition to following the rules above, it is important to ensure that the trademark complies with legal requirements. They are reflected in the Civil Code of the Russian Federation.

The name or trademark chosen by an entrepreneur is not always unique. Experts advise first of all to contact Rospatent to check them. This will help avoid refusal of registration, which means you will save money. a large number of time.

You should know what circumstances may lead to the fact that a name or trademark will not be registered:

the chosen name misleads potential customers;
name in part or in in full coincides with the previously registered one;
the chosen name includes the designation of a government agency.

Only if all the above conditions are met, an individual entrepreneur can apply for registration. First of all, you will need to pay the state fee. It is one thousand rubles.

Some particularly enterprising citizens register a name. They can sell it later. Moreover, the cost of especially interesting specimens reaches tens of thousands and even more.

Do not forget that conducting business under an already registered name can lead to unpleasant consequences. The owner of such a trademark has the right to go to court. If the decision in the case is made in his favor, the entrepreneur will be fined.

By law, the name of an entrepreneur includes the last name, first name and patronymic. However, an individual entrepreneur has the right to register his own individual name. Do not forget that this procedure is regulated by law.