Коммерческое право. Индивидуальный предприниматель (самое важное)

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Коммерческое право. Индивидуальный предприниматель (самое важное)

Lecture notes, cheat sheets

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6. INDIVIDUAL ENTREPRENEUR

To acquire the status of an individual entrepreneur, a citizen must have the following signs of a subject of civil law:

▪ legal capacity (the ability to have civil rights and bear responsibilities) and legal capacity (the ability to acquire and exercise civil rights through one’s actions, create civil responsibilities for oneself and fulfill them);

▪ have a place of residence (the place where the citizen lives permanently or primarily). By law, a citizen can have only one place of residence, according to Art. 2 of the Law of the Russian Federation "On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation." Place of residence is a residential building, apartment, office premises, specialized residential premises (dormitory, shelter hotels, homes for single elderly people, etc.), as well as other residential premises in which a citizen permanently or primarily resides as the owner under a lease (sublease) agreement or on other grounds provided for by the legislation of the Russian Federation.

In case of emancipation according to Art. 27 of the Civil Code, a citizen who has reached the age of 16 may engage in entrepreneurial activities.

In Art. 11 of the Tax Code of the Russian Federation states that individual entrepreneurs - These are individuals registered in the prescribed manner and carrying out entrepreneurial activities without forming a legal entity, as well as private notaries, private security guards, private detectives.

State registration of an individual entrepreneur is carried out at the place of his residence and has a constitutive value.

Procedure for state registration individual entrepreneurs, the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs" is established. It includes:

▪ state registration of entrepreneurs;

▪ registering them with tax authorities as taxpayers;

▪ assignment of codes according to the all-Russian classifier of types of economic activity;

▪ registration in extra-budgetary funds as an insurer.

State registration of entrepreneurs, as well as peasant (farm) enterprises, is carried out by the tax authorities of the Russian Federation.

Farms operate without forming a legal entity, but they are subject to the rules of civil law on the activities of legal entities.

Powers of an individual entrepreneur: opening settlement accounts in banks and conducting non-cash payments, obtaining loans as a small business entity, creating economic partnerships (as you know, citizens who are not entrepreneurs cannot create partnerships), hiring workers in unlimited quantities.

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