4.1 Entrepreneurship and Property
4.1.2. "Free" Registration
(Self-Registration) of Private Enterprises
Any citizen who is a permanent resident
of the oblast may
register his/her own enterprise. One only has to a registration
fee and fill out the "Certificate for State Registration
of
Individual Enterprises". The oblast has introduced
free
registration ("self-registration") of private
enterprises,
which are not legal entities, in a bid to radically change
basic attitudes and approaches to entrepreneurship. It is
no
longer up to the state to permit individuals to engage in
entrepreneurial activity. Now individuals themselves inform
the
state that they have decided to start up their own businesses.
Procedure
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All citizens (or groups of citizens) who
are permanent
residents of the oblast (alternatively, the Russian Federation)
may register their own enterprises. It suffices to pay a
registration fee of 2,000 roubles (or 1,000 roubles, 500
rubles, or the equival ent of one or two times the minimum
wage) and fill out a "Certificate for State Registration
of
Individual Enterprises (Full Partnerships)". The fees
may be
paid at: post offices, the registration department of the
executive committee office, and banks. The registration
is
authorised at the office of the executive committee of the
appropriate council (according to the declared residential
addr
ess). The Certificate is filled in duplicate. One copy is
kept
by the proprietor and the second is maintained at the executive
committee office or is sent there by registered mail (if
registered at a post office). Both copies should indicate:
(a)
the date; (b) the amount of the fee; and (c) the signature
of
the employee who accepted payment (and/or the stamp from
the
cash register).
For full partnerships, the Certificate
is filled out by one of
the proprietors, whose name is included in the enterprise
name.
The communications department (of the bank) sends a postal
order with the registration fee and a second copy of the
Certificate (for "postal" registration) to the
registration agency within three days after the payment
of the fee. The Certificate is valid, if it includes:
(a) proof of payment of
the fee;
(b) a document identifying the proprietor
of the individual enterprise or one of the proprietors of
the full partnership (including first name, patronymic,
last name, and residenti al address). The applicant is responsible
for the validity of the information listed on the Certificate.
No corrections may be made to the Certificate. If there
are any errors (e.g., discrepancy between the information
on the Certificate and the identification document), the
Certificate will be withdrawn. A copy of a valid Certificate
may be obtained at the registration agency for an additional
fee (perhaps 100, 50, or 25 roubles).
The proprietor of the individual enterprise
or full partnership may, if he/she has a valid Certificate,
may receive permission from the Internal Affairs Ministry
to prepare a stamp for the enterprise. The income declaration
form, address of the tax inspectorate, its working hours,
etc., are mailed in advance to the proprietor(s) of the
individual enterprise or full partnership. The latter may
also be sent advertising information (lists of banking servi
ces, and mediatory and consultancy firms, information on
how to acquire packages of legal documentation, etc.). The
holder of a Certificate may choose, for an additional fee
(300, 200, or 100 roubles) or free of charge, to post certified
and stamped information on the registration number and date,
at the executive committee office. Certificate holders enjoy
all rights granted to enterprises by existing legislation.
The
Certificate fulfils the function of an enterprise charter.
The
proprietor(s) of an enterprise is (are) obliged:
(a) to pay
taxes regularly (quarterly or annually); and
(b) to inform the
registration agency in due time, if the enterprise is
liquidated. The liquidation of an enterprise requires the
proprietor's presence at the registration agency (executive
committee office).
Liquidation is performed according to the
following procedure:
- the proprietor submits to the
registration agency a Certificate for Registration or
Declaration of Liquidation (a Certificate form may be used,
replacing the words "for the creation" by "for
the liquidation"; no registration fees apply in this
case);
- the
executive committee employee verifies the relevant information
on the registration certificate and the proprietor's
identification document (e.g., passport); and
- the
registration certificate is withdrawn, and in its place
the
certificate of liquidation of the enterprise, with the stamped
signature of the employee of the executive committee, is
issued. If the declaration of the enterprise's liquidation
is
not submitted to the appropriate agency, it is assumed that
the
enterprise is still operating (the proprietors are obliged
to
pay the established taxes and fees which are set, for example,
in fixed amo unts per month, year, etc.).
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