What does a sole trader need to get started? Below is the cry of my soul and personal experience! Making new acquaintances is easy

To collect practical advice for aspiring entrepreneurs, we polled businessmen in the professional community on Facebook. The result was a list of 10 items.

1. Take your time to quit your job

Your own business seems like a tempting prospect when you push the subway on your way to the office. Working for yourself allows you to calmly wake up when you want, go on sick leave and pick up children from school on time.

But when you quit, it will not become calmer:

• To be in time, you have to wake up early
• Going on sick leave means losing income
• Picking up children from school in the middle of the working day will still be inconvenient

And all this against the backdrop of unstable earnings.

In order not to regret your choice, prepare the ground before you leave the office. The most comfortable option is to start selling a product or service in your spare time. And quit only when you get the primary pool of clients and get the first serious money.

If you can't balance your work and business, include your time and salary in your business plan. This makes it easier to understand whether it is advisable to do your own thing or whether it is better to remain an employee.

2. Write a business plan

There are two types of arguments against a business plan:

• Why waste time when everything is so unpredictable in this country
• But Steve Jobs/Henry Ford/Roman Abramovich succeeded without business plans.

But still, it is worth calculating the basic business scenarios and the market volume. This will help to structure thoughts and get rid of doubts - or vice versa, to doubt the viability of the idea. Other things being equal, good planning won't stop you from becoming the next Steve Jobs.

3. Work on the product and marketing

“Which is more important: the product or its marketing?” is a question that causes stabbing in the marketing community. Some say that if you know how to sell, the client will gladly buy even a copy of the head of Jason Statham in 1:6 scale. Others believe that if you make a really cool product, everyone will know about it without marketing and advertising.

The truth is in the middle. A bad product with good promotion can show impressive initial sales, but it will be difficult to retain buyers. Such a business will not last long, especially if the market is small.

Most likely, no one will know about a great product without marketing. Yes, sometimes entrepreneurs have succeeded only at the expense of quality. Salvatore Ferragamo built an empire from a 2x2m shoe store with no marketing department. But that was at the beginning of the 20th century. Now, in order to break through to the consumer through the information noise, much more effort is needed.

So develop marketing, product, sales - and do not enter into pointless arguments about what is more important.

4. Pay your taxes

Many businessmen believe that it is difficult, expensive and pointless to work "in the white".

“Are you going to pay repairmen through a legal entity?!” - the real phrase of a regional entrepreneur who suspected the tenant of paying taxes.

Companies pay for the services of contractors in an envelope, give out “gray” salaries. All the same, they work like that - and nothing.

Now imagine that such a company fires an employee. After that, he sends an application to the Federal Tax Service about "gray" salaries and other violations directly from home. Then the entrepreneur will face fines of hundreds of thousands of rubles, forced labor or prison.

It's better to be honest right away. It is more difficult, but to help novice entrepreneurs there are:

• Benefits for small businesses (see Federal Law No. 477-FZ of December 29, 2014, Letters of the Ministry of Finance of Russia No. 03-15-05 / 32582 of May 26, 2017, No. 03-07-03 / 52967 of October 21, 2014, dated 08/30/2017 N 03-07-08 / 55656, regional sites to support entrepreneurs)
• Services for bookkeeping: Kontur, "My business", "Sky"
• outsourced accountants

5. Don't work with friends and family

At first, it seems like a great idea to start a business with a friend (brother, matchmaker) who has the right competencies. This is someone you've known for a long time. You can rely on him.

But keep in mind that within our culture it is difficult to distinguish between work and personal. An American can threaten an employee with dismissal, and an hour later sit with him in a pub and ask about the health of children. But it is difficult for Russians to conduct tough negotiations and share profits with a loved one. Either you spoil the relationship, or the business suffers.

If you are not ready to fight with a friend over a deadline, it is better to separate personal and business relationships.

6. Plan everything

It is necessary to plan things - and this is not in doubt. There will be time - you can unwind and relax.

Only time for entertainment may not remain: when you start a business, things will increase. The result of working without rest is burnout and long rehabilitation.

In the planner, you need to include not only business affairs, but also entertainment. Treat it as part of your workflow.

7. Test the product on a real audience

Telling everyone you know about a new project is a good idea. But this is not a complete test. Friends may praise a product, but that doesn't mean they'll pay for it.

To "feel" the audience, conduct interviews with strangers from the desired segment. Where to look for them:

• professional forums. Look for active participants and knock on them in a personal. If the rules of the form allow, create a topic with an invitation to test.
• Reddit. It is a social news site with a huge audience. Find the topic you need and write messages to the most friendly participants in the discussion.
• Social network. Join highly specialized communities and invite members to try the service.

Just write to a potential buyer about the project and the desire to consult. Offer a gift or a review of his product in return. Many people are happy to express their opinion to an interested interlocutor. And you will get honest feedback and understand the needs of the audience.

8. Save

Starting businessmen are afraid that if they start saving and bargaining with suppliers, no one will cooperate with them.

In fact, when you start cutting costs, nothing bad will happen. Save the most. If you suddenly remove an important expense item, employees will report this.

The best thing about saving in business was Robert Phifer in his book Costs Down, Sales Up. He writes that little things like L'Occitane soap in the office or expensive pens will ruin you faster than you think. And with contractors and suppliers you need to regularly bargain.

9. Befriend customers

There is an opinion that not all clients are equally useful.

“Think of the customer well. The question is why? Why do I need an idiot who spoils my nervous system. I'd rather work with those who bow before me, ”quote from a discussion of an article about customer relationships.

A few months after the launch of the project, the entrepreneur understands which clients are beneficial to him. But at the start, a selective approach to the audience is dangerous. Potential buyers easily find replacements for intractable companies. And if you think customers are idiots, like the commentator above, you will not only lose sales, but also your reputation.

Communicate and be attentive with each potential buyer. Sometimes dating leads to success.

10. Take care of your health and family

For a novice entrepreneur, the main thing is his business. All energy goes to partners, clients, contractors. And health, family and the whole world will wait.

But if you ignore some area of ​​life, it "sags". A business can take off or close, and you can continue to live with yourself and your family. So prioritize so as not to lose the main thing.

conclusions

1. Before you quit your job, collect the initial pool of clients and get your first money.
2. Do not joke with the tax, work "in the white."
3. Product and marketing are equally important. Develop both.
4. Don't work with friends and family and filter their recommendations for your project.
5. Plan everything: business development in general, work and personal time.
6. Do not cut off unnecessary clients at the initial stage. You still do not know how the business will develop and who will benefit from your proposal.
7. Remember about rest, health and family.

15Jul

Why I decided to write this article

Because many who ask me questions ask something that at first you shouldn’t even bother at all. There are even questions that a person may never face at all. In general, “Woe from Wit” occurs in the minds of many novice entrepreneurs, and we will “eliminate” this grief in this article. At least I'll try my best. Now let's talk about mistakes, and then I will give a step-by-step plan as I see it.

Some errors and their solutions

1. Break-even point not calculated

Many start a business without even considering how much in what period they need to sell in order to break even. This is important because many business models are cut off at this stage.

Calculating the break-even point is easy. You consider how much you incur expenses per month and then consider how much you need to sell goods or provide services per month in order to recoup these expenses. If the figure is too large and seems unrealistic to you, then it is better not to take on such a business. If you think that you can sell the right amount of goods to cover expenses or start covering expenses in a few months, then you can think about this business further.

Conclusion 1: Until you have a complete financial picture of the business in your head, you can’t borrow money or even use your savings.

2. Everything must be perfect

At the beginning of your business, you want everything to be right and beautiful: the most modern equipment is bought, the most functional website is created, the office is repaired, etc.

Striving for the best is useful, but there is one "BUT" - before you spend money, check the performance of your business model. If you are going to make an expensive website design, first make sure that your services or products are in demand at all.

Or, if you're opening a cafe, before making expensive renovations, try to start selling in the space that is available with minimal investment. If sales go on and a place in this area of ​​the city will bring at least some profit, then you can expand or make cool repairs.

Conclusion 2 A: Don't invest a lot of money until you're sure people want the product. And you don’t need to bring everything to perfection, thereby delaying the start. Start with what you have and gradually develop and improve.

3. Not understanding your future business or simply no love

I personally think that a business should at least like it. For example, I love each of my business projects, and if I didn’t love them, they wouldn’t turn out to be profitable.

Some start-up entrepreneurs write me questions like “What to sell”, “What services are profitable to provide”, “What kind of business is profitable to do”, etc. I answer everyone: "Open your own bank." And no one likes my answer, although it answers all these questions. Every entrepreneur has a different life situation, different interests and different knowledge. If one likes selling toys and the other likes selling men's suits, then they won't be able to switch businesses and be as successful. This is because they do not understand the model itself and simply do not feel interested.

Conclusion 3: You can't build a business on an idea just because you just know it's profitable and you're not interested in it. Business needs to be understood, loved and “be in the know”. For example, I could not open a massage parlor and lead the business to success. Not because I don't have enough money, but because I don't understand anything in this business.

How to start your own business - 10 steps from scratch

To begin with, I want to say that below I will give 2 plans on how to start your business: complete and simplified. Let's start with the complete.

Step 1. Business Idea

Of course, to start a business, you need to know what to start. I have always said, I say and I will say that an entrepreneur must have an idea. If you can't even come up with an idea, then what kind of business are you talking about. It is not necessary to be an innovator and come up with something unimaginable. You can take an already working idea, look around, find flaws in it, or simply improve it the way YOU see it and it will be a different business. It is easier to enter a formed market than to form it yourself. And the idea should not be global, you can start a micro business or.

In order to come up with or find a business idea, read the following articles and after reading you will 100% decide on the idea:

After the articles are read, the ideas are thought up, you can proceed to the next step.

Step 2. Market Analysis

After choosing a business idea, you need to analyze the market, find out if people really need your product. Evaluate the competition, identify the positive and negative sides of competitors, find in yourself what will make you different from your competitors. Compare prices, quality of service, assortment (if this is a commodity business) and look for what you can be better at to the maximum. It is necessary. Why? Read!

Once you have assessed the supply and demand and realized that you can compete with existing companies, you can move on.

Step 3. Business Planning

Step 5. Registering your business

This step cannot be missed, because the business must be registered. You can use LLC or IP. It all depends on your activity. This article will help you:

Once your business is set up, you can move on to the next step.

Step 6. Taxes and reporting

I indicated this step right away, because you must initially decide on which taxation system you will work with. This must be done immediately, because the amount of taxes and how they are paid depend on it. To do this, read the following articles:

And also read other articles of the heading, because there you will always find up-to-date and complete information about tax and accounting. You can also ask your question and get an answer from a specialist.

Step 7. Quick idea testing

Someone will say that you can test without registering a business. And you are right! It is possible and so, but it was not in vain that I wrote at the very beginning that there would be 2 scenarios for the development of events, and in the second I will talk about it. Now let's move on to testing itself.

Initially, you need exactly quick testing - “testing in battle”. With your own money, test the idea, give minimal advertising, make the smallest possible product and try to sell it. Study demand in practice so to speak. You have to look into your plan, evaluate what you need at the bare minimum to get started, and start right away. Why is this being done. At the very beginning, I wrote about one of the mistakes of novice entrepreneurs, which consists in delaying the start, in constant improvements, etc. You don’t need to bring it to perfection, you need to start as soon as possible in order to test the idea in action, get the first sales and be inspired to continue development.

If the start does not give the first sales, then you need to revise the plan, idea and look for errors. A quick start is also done so that in case of failure you spend less time, effort and money. Agree, it would be more annoying to prepare for a year, and then fail? It is less offensive to realize your mistakes right away, while you still have little time to do. So you can make adjustments along the way and everything will start to work out!

To test ideas and your business can help you. It is more for testing ideas on the Internet, but it is also suitable for the real sector (offline).

Step 8. Business Development

After the tests have been carried out, the plan has been adjusted and sales have started slowly, you can develop the business and refine everything that you wrote in the plan to perfection. Now you can improve the site, increase warehouses or office, expand staff, etc. When your idea and business model has shown its performance, it is easier for you to set more global goals. Moreover, you have already received the first money from the first orders or sales and can reinvest them in development.

If there is not enough money, then here you can already resort to loans and borrowings, because business brings money and you can borrow with a clear conscience for its development. If you don't need a lot of money, even a credit card might work. In I told how you can use credit card money for your business without interest.

Step 9. Active promotion

This step could be attributed to development, but I took it out separately. After you have wider warehouses, more powerful equipment and site, more employees, etc., you need to make it all work. This requires aggressive advertising to the maximum. You have to use a lot of promotional opportunities. Look for clients on the Internet, do offline advertising, do direct sales, etc. The more advertising tools you use, the better the result. But be sure to record the results and filter out ineffective advertising tools so as not to waste your budgets.

Step 10 Scaling

Your business is doing well, making money, you are constantly developing, everything is great! But there are also adjacent areas or neighboring cities. If your business model is successful in your city, then you can make representative offices in other cities. If there is no desire or opportunity to go to neighboring cities, then you can simply capture an adjacent direction, if there is one at all.

For example, if you sell household appliances, you can simultaneously open a repair service and provide paid repair services. If your client's equipment is beyond repair, you can always offer him to buy something from your store in exchange. In general, look at your business and I am sure that you will find something to cling to.

What else can you pay attention to

During the launch of a business, there are several parameters that allow you to evaluate how effective your business is at the start, take them seriously:

If the net income of your business is above zero, excluding equipment costs and taxes, then your business will survive because it generates some money. If it is below zero, it means that your business is burning money, and it will not have enough loans and investments;

If you planned sales for 200,000, and sell for 50,000, then this is an occasion to seriously adjust your work and, possibly, the plan itself;

You should be comfortable. Business is hard. If you, too, are constantly having a hard time, then it will be difficult to cope with the tasks of the business. Give yourself enough comfort so that you don't feel left out because of your own business.

How to start and open your own business in a simplified way

As promised, I will give another simplified diagram of how to start your own business. Because I have already written all the points above, so I will refer to them here so as not to repeat myself.

I myself have used this scheme more than once, because before I started very small projects in which a lot could be missed. So the schema looks like this:

1. Idea (it should always be);
2. Easy planning, you can not paint, but fit the main points on a sheet of notebook. It is done in order to draw a model;
3. Quick idea test. Perhaps even without investments and search for money. Or very little money will be required and they will simply be in your savings;
4. Development and active promotion. After the first orders are, you can start active promotion and bring everything to mind;
5. Business registration and scaling.

As you can see, I missed registration at the very end, because some business projects can be implemented without registration, because during the test you get not so much money to immediately run for them to report to the tax office. But if the business model has shown its performance and, after active promotion, it is growing, then the design should be instant.

But even at the first stages, you can’t do without registration if you need a retail space, an office or work with companies under contracts, because for this you need at least an individual entrepreneur.

Conclusion

In this article, I told you how to start your own business, talked about the mistakes that beginners often make and I made, and now you know what to do before starting your own business. Read my site, subscribe to it, and try to start doing your own thing. We will not leave anyone on the site without help. Thank you for your attention!

Sincerely, Schmidt Nikolai

(Problems of a novice entrepreneur: fines, checks, other difficulties when interacting with government agencies)

As soon as a novice businessman has registered with the tax office as an individual entrepreneur (IP), literally within a week he can already violate a number of laws, as a result of which he will almost certainly have to pay numerous fines. Ignorance of the laws does not exempt from anything, and at the same time, it is impossible to know all the rules, therefore, becoming a businessman, you must be prepared for the fact that you will most likely have to pay fines. Or, alternatively, at the very moment you decide to open your own business, you can hire an experienced business and corporate lawyer and help you comply with all the requirements of the law.

Legislators are aware of this problem and even partially solve it by removing a number of duties from the entrepreneur. For example, before a businessman had to notify the tax authorities that he opened or closed bank accounts. If he did not know about this requirement of the law and did not have time to send the necessary notification within seven working days from the date of opening or closing the account, then he could be fined five thousand rubles. But since May 2, 2014, this problem has been solved - it is no longer necessary to notify the opening and closing of IP accounts. Nevertheless, the entrepreneur continues to be liable for violations of other requirements of the law, and if you decide to go into business, it will be useful for you to know what you should not allow, and if you allow, what you should be prepared for.

If you hire workers, but do not register with the funds as an employer

As soon as you decide to hire workers, when hiring the first person to work, you will need to register as an employer with the Social Insurance Fund and the Compulsory Medical Insurance Fund within ten days, and also register with the Pension Fund within a month. After that, it will be necessary to pay contributions to these funds (and their size changes every year, so this moment should also be monitored).

Violation of registration deadlines will require a fine in the amount of five thousand rubles. If you do not register within three months, then the fine will already be ten thousand rubles (Law No. 167-FZ "On Compulsory Pension Insurance" of December 15, 2001).

If you do not pay contributions to the funds for your employees

For the fact that you did not pay insurance premiums on time, you will be fined in the amount of five percent of the amount of insurance premiums for the last three months of the reporting period, but not more than thirty percent of this amount and not less than one thousand rubles.

If you violate the procedure for calculating contributions

For the fact that you did not follow the procedure for submitting the calculation of insurance premiums in electronic form, you will have to pay a fine in the amount of two hundred rubles (Law No. July 24, 2009).

If you do not provide information about the employee to the fund

You will have to pay a penalty of five percent of the contributions for the last three months of the reporting period for which the reporting period is not submitted on time or incomplete and (incorrect) data is submitted. Collection of the fine is carried out by the Pension Fund through the court (Law No. 27 "On Individual Accounting in the System of Compulsory Pension Insurance" dated April 01, 1996).

That is, if you hire a worker, but forget that you need to register as an employer, pay contributions and file notifications about it, then you will have to pay at least three fines at the same time.

Knowing the legal requirements listed above or consulting with a registrar lawyer in advance can be extremely beneficial to your wallet. However, the difficulties with legislation are not limited to the period of formation. Therefore, it will not be superfluous to know the address of a law firm that you can contact and receive in the future.

Laws that reflect the responsibility of the entrepreneur:

1. The Tax Code of the Russian Federation, chapter 16, it lists all types of tax offenses and responsibility for them. For example, failure to file a tax return or

violation of the method of its submission; gross violation of the rules for accounting for income and expenses and objects of taxation; non-payment or incomplete payment of tax; failure to submit information necessary for tax control, etc.

2. Code of Administrative Offenses, Chapter 14, which lists administrative offenses in the field of business. These include - doing business without registration or without licenses, deceiving consumers, violating the requirements for advertising and its installation, etc. Also, an entrepreneur can violate any other norms, so other chapters of the Code of Administrative Offenses may also apply to his activities. For example, article 7.12. Code of Administrative Offenses - copyright infringement.

Almost every entrepreneur may need licensed programs for work - starting with general ones, like Microsoft Office, 1C: Accounting, and ending with specialized ones - ArchiCAD, Adobe Photoshop, Rhinoceros, etc. Such programs are expensive, so not every entrepreneur is willing to pay for licensed versions, preferring to download pirated software on the Internet. If someone writes a complaint to the prosecutor's office, then the businessman may incur administrative liability in the form of a fine in the amount of thirty to forty thousand rubles. Such a complaint can be written by both the copyright holder and a competitor or even your disgruntled employee, so it is better to keep this possibility in mind in advance.

By the way, responsibility for the illegal use of programs is reflected not only in the Code of Administrative Offenses, but also in the criminal code. In particular, Article 147 of the Criminal Code states that the illegal use of an invention is punishable by a fine of up to two hundred thousand rubles, or compulsory labor for up to twenty days, or forced labor for a term of up to two years, or imprisonment for two years.

3. Criminal Code of the Russian Federation. An entrepreneur may be held criminally liable if he violated labor protection requirements; failed to pay salaries or other payments to employees; without valid reasons refused to hire or illegally fired a pregnant woman or a woman with a child under three years old; gave a bribe to an official; falsified financial accounting and reporting documents, etc.

4. Labor Code of the Russian Federation. According to him, the businessman is responsible for the fact that he:

• refused to participate in collective bargaining;
• did not provide information necessary for negotiations;
• violated or failed to comply with the collective agreement;
• violated the law on the processing and protection of personal data of an employee;
• did not pay wages on time.

The employer is also responsible for:

• unlawful deprivation of an employee of the opportunity to work;
• damage to the employee's property;
• moral damage caused to the employee.

In addition, the liability of the entrepreneur may be regulated by other laws of Russia.

How an entrepreneur is held liable, and in what order:

Liability, when it is not about fines, can only be established by the court. And in order for the court to start considering any case, the applicant must file an appropriate claim, complaint or application.

• The applicant may be a citizen, for example, an injured employee, or a counterparty, or a client, or a copyright holder, or any other person whose rights have been violated.
• The applicant may be a representative of the regulatory authority, which, as a result of the audit, discovered a violation of the law.
• The case may be initiated at the initiative of the prosecutor.

We will not consider civil lawsuits of private individuals, but it is worth writing in more detail about the inspections and subsequent judicial review of the offenses of entrepreneurs.

How businessmen are checked:

The procedure for conducting inspections is regulated by Law No. 294-FZ "On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control" dated December 26, 2008, as well as the Tax Code, the law on police, etc.

An ordinary entrepreneur is unlikely to become an object of attention of the internal affairs bodies, but representatives of tax authorities or extra-budgetary funds may well become interested in him. Nevertheless, you need to know that the activities of inspectors are controlled by Law No. 294-FZ, and in accordance with it, scheduled inspections are carried out no more than once every 3 years. In addition, a scheduled inspection is carried out no earlier than 3 years after the registration of the IP. So during the first three years, you can forget about scheduled inspections. By the way, some entrepreneurs take advantage of this by closing the old company and registering a new one every 3 years.

Scheduled inspections are carried out on the basis of the annual plans of the relevant control structures. After development, these plans are sent to the prosecutor's office, and the prosecutor general's office, in turn, prepares a consolidated plan and publishes it on the Internet by December 31 of the current calendar year. That is, you can go to the website of the prosecutor's office and find out if a scheduled inspection of your organization is scheduled next year. The date of the review must also be indicated.

As for unscheduled inspections, they are carried out for a reason - at the request of an individual inspector, but only in agreement with the prosecutor's office. On conducting an unscheduled on-site inspection, with some exceptions specified in paragraph 2 of part 2 of the tenth article of Law No. 294-FZ, entrepreneurs must be notified by the regulatory authority at least twenty-four hours before the start of its conduct in any possible way.

An audit can be documentary conducted at the location of the inspection body or field at the location of the individual entrepreneur, for example, at the place of residence of the entrepreneur.

If you think that the check was illegal or the procedures for its conduct, as well as your rights, were violated, then you can complain about this to a higher authority to which the representative of the checker is subordinate, either to the prosecutor's office or to the court.

If you were visited with an inspection or called to conduct it on the territory of the inspection body, you can seek help from a lawyer who will be able to be present during the implementation of control measures and protect your rights in real time, if possible, appealing and suppressing the illegal actions of the inspection persons. A lawyer in corporate, business and tax law is your first assistant if you face administrative liability or if employees of supervisory or other state and municipal authorities violate your rights. Therefore, if you decide to engage in individual entrepreneurship in controversial business situations, consult with a specialist and he will help to avoid many problems.

Article prepared by the team

law firm "Era Prava"

• (publication)

It is no secret that starting your own business is fraught with considerable difficulties, especially for people who do not have the necessary legal and economic knowledge. Most start-up entrepreneurs, even when registering an individual entrepreneur or legal entity, involve specialists - firms that provide such services.

In fact, there is nothing complicated in setting up your own enterprise, the main thing is to collect a package of necessary documents and act strictly according to the instructions. Also, it is not difficult to independently obtain a license, a patent, open your own account, and choose a taxation system. And even accounting now an entrepreneur can master himself - there are special online services for this.

The book that you hold in your hands will benefit you at all stages of creating and developing a business.

If you are looking for an idea, then a brief overview of classic and original entrepreneurial activities will help you make your choice. If you have already chosen the field of trade or services and do not know what to do next, then step-by-step instructions for registering an individual entrepreneur and a legal organization, as well as advice on choosing taxation will assist you at the start.

Guidelines for preparing a business plan will not be superfluous for you. This is a very important stage of entrepreneurial activity. You cannot do without short-term and long-term financial planning. Even the most seemingly profitable business will fail if the entrepreneur does not calculate in advance the payback period, possible risks, income and expenses, as well as many other factors. For this, there is business planning, the basics of which you can find on the pages of our book.

Most of the enterprises that are currently flourishing have come a long way and have made a lot of efforts to ensure that their business not only develops and brings good income, but is also useful to society and the country as a whole. Many of the famous businessmen started their business from scratch and did not have a large start-up capital. They had an idea that they put into practice, overcoming all obstacles. And this is the best proof that everything depends on the person himself. People who persistently move towards the intended goal achieve success and financial well-being. So everything is in your hands! Good luck and be patient!

General information about entrepreneurial activity

Entrepreneurial activity is understood as “an independent activity carried out at one’s own risk, aimed at systematically making a profit from the use of property, the sale of goods, the performance of work or the provision of services by persons registered in this capacity in the manner prescribed by law” (Article 2 of the Civil Code of the Russian Federation).

Entrepreneurship is possible only after state registration and registration with the tax authorities.

Certain types of business, such as the banking sector, require a license.

Types of entrepreneurship

Depending on the direction of the business, the objects of investment, obtaining specific results and profits, the following types of entrepreneurship are distinguished:

- production;

– insurance;

– commercial and trade;

- intermediary;

- financial and credit.

Manufacturing business

This is an entrepreneurship for the production and sale of various types of goods and services. The manufacturing business includes:

- release of industrial products;

– production of agricultural products;

- release of goods for industrial purposes;

– production of consumer goods;

- construction works;

– passenger and cargo transportation services;

- communication services;

– household and communal services;

- issue of books and periodicals;

- educational services;

- provision of information.

In Russia, the manufacturing business is the most risky. The probability that an entrepreneur does not sell his products or will not be able to sell his services is quite high.

insurance business

The essence of such entrepreneurship is the receipt of insurance premiums from insured persons or enterprises and the payment of compensation (insurance) to them only under certain circumstances. The entrepreneur, in accordance with the law and the insurance contract, guarantees compensation for damage resulting from the loss of property, money, health, life, etc.

Commercial and trading business

The purpose of the commercial-trading business is to sell finished goods purchased from others to the consumer at a higher price and thereby make a profit.

In the commercial and trading business, those entrepreneurs whose activities are related to the sale of so-called durable goods, such as vehicles, household appliances, are most at risk.

The areas of commercial and trade business include:

- the shops;

- outlets;

- trading houses;

– auctions;

- wholesale bases;

- Internet trading platforms;

- trade shows.

Intermediary business

The intermediary business implies that the entrepreneur does not independently produce and sell goods, but acts as an intermediary between the producer and the consumer.

Intermediary organizations include:

– some commercial banks;

– wholesale supply and marketing enterprises;

- brokerage houses;

– dealer organizations;

- enterprises engaged in distribution activities.

Financial and credit business

This is an entrepreneurial activity in which money (the Russian ruble and currency) and securities act as objects of sale. The owner of the enterprise buys money from their owner, and then sells them at a higher price to the consumer.

The financial and credit business also includes credit operations, in which the entrepreneur attracts cash deposits and pays their owners remuneration in the form of interest on the deposit. The businessman lends the funds raised at an interest rate that exceeds the deposit.

Forms of entrepreneurial activity

Entrepreneurial activity can be carried out in the form of an individual entrepreneur or a legal entity.

Individual entrepreneur

An individual entrepreneur (IP) goes through a simplified registration procedure and has a simplified form of accounting and reporting. He is liable for debts with personal property and does not have the right to distribute it among the founders.

Most of the fines for individual entrepreneurs are several times lower than for legal entities.

An individual entrepreneur can only use credit funds as sources of external financing. As for the sale of the business, he will be able to offer only his own assets, which belong to him as personal property. Inheritance and donation of a business is associated with a huge number of legal obstacles.

Entity

A legal entity is an organization that owns, manages or manages separate property. They are responsible for their obligations. A legal entity has the right to acquire and exercise property and non-property rights on its own behalf, as well as to act in court as a plaintiff or defendant (Articles 48 and 56 of the Civil Code of the Russian Federation).

The activity of a legal entity is impossible without an independent balance sheet or estimate.

The most common form of commercial organizations is a business company or partnership. It involves the division of the authorized capital into shares of the founders.

Types of business companies:

– Closed Joint Stock Company (CJSC);

– open joint stock company (OJSC);

– limited liability company (LLC).

A CJSC is an enterprise in which shares are distributed only among its founders or a predetermined circle of persons. Shareholders have the right to repurchase shares from participants going out of business.

OJSC is an organization whose founders have the right to sell their shares without the consent of other participants.

The activities of CJSC and OJSC have significant differences (Table 1).

Table 1

The main differences between CJSC and OJSC

LLC is an organization established by one or more persons, the authorized capital of which is divided into shares. Their size is determined by the constituent documents. Such an enterprise is designed mainly for small businesses. The minimum amount of its authorized capital is 100 minimum wages.

The founder of an LLC risks only to the extent of the value of his contribution to the authorized capital. Any member has the right to leave the organization whenever he wants and receive his share of the capital.

The LLC is managed by a director. The organization must have no more than 50 members.

Which shape to choose

The choice of a particular form of entrepreneurial activity depends on a number of circumstances, the main ones are given in tab. 2.

table 2

The choice of individual entrepreneur or legal entity, depending on the plans

Legal aspects of entrepreneurial activity

A successful business is impossible without competent legal support. Even if you hire professionals who perform the necessary functions to service your business, knowing the laws and regulations under which individual entrepreneurs and legal entities operate will not interfere with you.

Registration of entrepreneurial activity

According to the current legislation, a citizen has the right to do business from the moment of state registration (clause 1, article 23 of the Civil Code of the Russian Federation).

IP (Individual entrepreneur)

To register an IP, you will need to go through the steps below.

If you do not have a TIN, you will need to apply for one with the tax office. This can be done in advance or simultaneously with the registration of IP. In the latter case, the time for issuing an IP will increase slightly.

Decide in advance on the taxation system and types of economic activity, which are indicated by OKVED codes.

You can choose one or more activities, but the first code you enter on the application will be the main one.

The most popular types of IP activities are:

- various services (educational, accounting, legal, intermediary, translation, domestic, consulting, design, etc.);

- renting out real estate;

– publishing and printing activities;

- trade.

The following types of activities are prohibited for individual entrepreneurs:

– production, wholesale and retail sale of alcohol;

- development, production, testing and repair of aviation equipment, as well as activities to ensure aviation security;

- activities related to weapons, military equipment and explosive materials;

– activities for the examination of industrial safety;

– production of pyrotechnics;

– private security activity;

- activities related to the employment of citizens outside the Russian Federation;

– activities related to investment and non-state pension funds;

– space activities;

– production of medicines;

- Passenger and cargo transportation by air.

In order to successfully register as an individual entrepreneur, you will need to prepare the following documents for the tax service:

– passport and copies of all its pages;

– an application for state registration of an individual as an individual entrepreneur with an appendix on the types of economic activity;

- two copies of the application for the transition to a simplified taxation system (if required).

If an entrepreneur draws up an IP on his own and submits documents along with the original passport, it is not necessary to certify them with a notary. If a lawyer or a specialist of a company providing such services to the public is engaged in opening an IP, the future businessman will need to visit a notary's office.

In the tax service, you will need to check the documents with the submitted samples, and then submit them to the appropriate specialist. Currently, in most IFTS, documents are handed over, registered and received on a one-stop basis, that is, in one place.

The specialist will issue you a receipt of receipt of documents and a second copy of the application for the transition to a simplified taxation system. Make sure that the receipt has a stamp and the date when you need to pick up the finished documents.

If the registration procedure was successful, you will receive the following documents within the period specified in the receipt:

– certificate of state registration of an individual as an individual entrepreneur (OGRNIP);

- an extract from the Unified State Register of Individual Entrepreneurs (EGRIP);

- notification of registration of an individual with the tax service;

– notification of the assignment of statistics codes (from Rosstat);

- notification of registration of an individual in the territorial service of the PFR (pension fund) at the place of residence.

To open a bank account, you will need all the above documents. Within 7 days after opening an account, you must notify the IFTS of this. Otherwise, you face a fine.

If your activities are related to the acceptance of cash, you will need to purchase and register a cash register (KKM).

You may be denied registration of an individual entrepreneur if you were declared bankrupt less than a year ago or if your business ban has not expired. In addition, documents may be returned to you due to their incorrect design, the presence of incorrect data or typos in them.

By law, an individual entrepreneur can work without a seal, but documents without it are invalid. In addition, some banks require a seal from an individual entrepreneur to open an account. You will also need it if you plan to cooperate with other organizations or sign contracts with individuals.

LLC (Limited Liability Company)

A limited liability company is the most popular organizational and legal form of a legal entity. The steps below will help you form an LLC on your own.

According to the Civil Code of the Russian Federation, any commercial organization is required to have a full company name in Russian. Take the choice of name responsibly, so that later you will not have problems when registering an LLC, as well as misunderstandings in the process of work. For example, if an organization already exists under the same name, it may file a claim with you to change the name of your company. It is unacceptable to use incorrect words in the title, as well as names related to Russian statehood. Writing foreign words is possible only in Russian transcription, however, you can register an additional full or abbreviated name in a foreign language.

The ideal option is to choose a name that has not yet been registered in the Russian Federation. You can check the name on the FTS website.

The location of the LLC, that is, its legal address, according to the law, is the address of its executive body, that is, the head. This can be either a rented or own premises where the organization's office is located, or the registration address at the place of residence of the director.

If you choose the second option, you should be aware that your living space and property from the moment of registration of the LLC become part of it with all the ensuing consequences.

Activities must be selected in advance. To do this, you will need to carefully study the current OKVED codes. Prohibitions on most types of activities for LLCs are the same as for individual entrepreneurs.

However, unlike the latter, LLC has the right to engage in licensed production and sale of alcoholic products. For some other activities, the organization also requires a license.

The OKVED list is divided into 17 sections by type of activity, their purpose and meaning. The grouping code consists of 2–6 digits. Its structure can be represented as follows:

– XX – class;

– XX.X – subclass;

– XX.XX – group;

- XX.XX.X - subgroup;

- XX.XX.XX - view.

To register an LLC, you will need an authorized capital, the minimum amount of which today is 10,000 rubles. You can transfer the entire amount or 50% of it to an open savings bank account at once. In the second case, it is necessary to deposit the remaining part of the amount to the current account or to the cash desk of the organization (with reflection in the balance sheet) during the first year of operation.

The authorized capital can be contributed by property, which is valued by the founders of the company. They draw up and sign an act of appraisal, as well as an act of acceptance and transfer of property to the balance of the organization (after registration).

If the property costs more than 20,000 rubles, you will need to invite an independent expert (appraiser).

Decide in advance on the tax regime. By default, an LLC is subject to a general taxation regime, including the payment of VAT, income tax and corporate property tax.

However, if necessary, the company can choose a simplified taxation system. It is better to do this in advance in order to submit an application simultaneously with the documents for registering an LLC.

Citizens and legal entities of the Russian Federation, as well as foreign companies and citizens, who are not in public service, have the right to become founders of an LLC. The maximum number of founders is 50, the minimum is 1 (founder and director in one person).

The head of the LLC is chosen by the founders.

To register, you will need to prepare the following documents:

– charter of LLC (2 copies);

– application for a certified copy of the articles of association;

- decision on the organization of LLC (if the founder is one);

– minutes of the general meeting of founders (if there is more than one founder);

– agreement of founders (if there are more than one founders);

– application for state registration;

- receipt of payment of state duty;

– an application for the transition to a simplified taxation system (if required);

- a document from a bank confirming the opening of a savings account, or an act of assessing a property contribution to the authorized capital;

– a letter of guarantee, a lease agreement or any other document confirming the legal address of the enterprise.

About the charter

To date, the charter of an LLC is the only constituent document of this legal entity. The charter is approved either by one (single) founder, or by the minutes of the general meeting of participants in the LLC. This information must be indicated on the title page of the document.

sole founder

The charter of an LLC, which has one founder, may include the following items.

1. General Provisions.

2 Goals and subject of activity.

3 Legal status of society.

4 Authorized capital.

5 Rights and obligations of the participant.

6 Transfer of a share in the authorized capital.

7 Society management.

8 General director of the company.

9 Audit Commission.

10 Property, accounting and reporting.

11 Distribution of profits.

12 Accounting for financial and economic activities.

13 Liquidation and reorganization.

It should be remembered that, as in most documents, each paragraph must contain a transcript, that is, subparagraphs.

Example

5. RIGHTS AND OBLIGATIONS OF A PARTICIPANT

5.1. The participant is obliged:

– pay for the share in the authorized capital of the Company in the manner, in the amount and within the time limits stipulated by law, as well as by the agreement on the establishment of the Company; - comply with the requirements of the charter;

– not to disclose confidential information about the activities of the Company; – protect the property of the Company;

– fulfill the obligations assumed in relation to the Company;

– assist the Company in carrying out its activities.

5.2. The participant has the right:

– participate in the management of the Company's affairs in the manner prescribed by this Charter and the current legislation of the Russian Federation;

– receive information about the activities of the Company and get acquainted with its accounting books and other documentation in accordance with the procedure established by these Articles of Association;

– receive a share of profit in proportion to their share in the authorized capital;

– sell or otherwise alienate its share or part of the share in the authorized capital of the Company to another person in the manner prescribed by this Charter and current legislation;

– receive, in the event of liquidation of the Company, a part of the property remaining after settlements with creditors, or its value;

– enjoy other rights granted to the participants of a limited liability company by the legislation of the Russian Federation.

5.3. The participant may decide to give himself additional rights. Termination or restriction of additional rights is carried out by the decision of the participant.

5.4. The withdrawal of the sole member of the Company from the Company is not allowed.

It is best to draw up a charter under the guidance of a competent lawyer. If this is not possible, it is recommended to carefully study the charters of existing organizations. Perhaps your friends and acquaintances, who have already opened an LLC and are successfully running a business, will help you in this difficult task. In addition, sample charters are freely available on the Internet.

Multiple founders

Who is IP and what are its advantages

A "private trader" is a person who has decided to organize his own business without forming a large form. Some do not want to work for companies, while others have been burning for one thing or another all their lives. One thing brought them all here - the desire to become a businessman.

What are the advantages of a private company and the main differences from a legal entity?

To open a small company, you do not need to spend time collecting and filling out paperwork. Contact specialized companies. Trained people will prepare all the documents, tell and show the newly minted "private trader" how to handle them. However, such a service costs money, sometimes a lot.

Register your business yourself if you want to save money. This way you will get important experience of working with higher authorities, learn how to understand the documentation, find out which department how much to pay from your revenue.

Yes, this is a difficult task, it will require strength and patience, but at the end of the paper epic, you can consider yourself a real businessman who was able to go through all the stages himself.

What to do first

Let's look at the situation as a whole. Let's take an example of what and why we have to do if we want to open our own small ice cream shop.

1. First of all, we determine the type of activity. Let's say you're crazy about ice cream, you've completed a pastry chef course, and you're looking to carve out your niche in the food market.
2. Then we calculate the budget. Imagine the level of expected income. After that, you should immediately switch your thoughts to taxes - yes, the thing is not pleasant for everyone, but where to go. At this step, you need to choose the most favorable taxation system from all those presented in our country.
3. Without papers, nowhere in our business, and therefore we decide what documents will be needed in addition to a photocopy of the passport.
4. We come to a special body, fill out an application, back it up with everything necessary.
5. We pay the state duty on the website of the State Services (this way it comes out a little cheaper).
6. We attribute part of the papers to the INFS. Our formal work with a bunch of documentation is almost finished.
7. After a certain period, we receive a certificate of registration and celebrate this with a glass of our ice cream.

Well, the approximate scheme of actions is ready. Now we will present step by step how to become an IP and where to start your actions for a beginner.

How to become an individual entrepreneur from scratch in Russia

We will analyze all the details and nuances of creating your own business in our country. And to make it even clearer, we will provide each step with a simple life example.

Choosing an activity

Suppose Nikolay wants to open a flower stand near his house. He knows that the chosen place is empty, he only needs to make one call to sign the lease. But no, Nikolai's actions do not end with the choice of a niche. He needs to refer to the OKVED list.

Why do it? The identification number is important - groups of numbers mean a class, a subclass of activity. And it is important to note at this point that the number in no case can be less than 4 digits.

If Nikolai decides to sell postcards in addition to flowers in his store, then he will have to indicate not one, but two codes. The number of activities of an individual entrepreneur extends up to 50. Only in any case, it is necessary to mark that one of them is the main one.

It should also be borne in mind that OKVED provides another important information for Nikolai - whether he needs to obtain a license to work or not.

Types of taxation: pros and cons

At the moment, there are only 4 main types of taxation from which a businessman can choose.

• OSN - general.
• USN - simplified.
• PATENT - patent.
• UTII - an imputed taxation system or a single tax on imputed income.

Nikolai is more inclined towards simplification, since this tax system has the simplest accounting, and as a contribution to the treasury, he will have to give part of the difference between profit and expenses. Together with the application, the citizen must also submit documents for changing the SN, since initially everyone works according to a common system.

In 2014, the president signed a decree stating that the first two years of IP are exempt from paying any fees. Delighted by this news, our young businessman hurried to another step, where we collect the rest of the important documents.

Preparing paper

What you need to do to become an IP:

• fill out an application according to the sample;
• we take with us a passport, snls and photocopies made in advance;
• receive payment of state duty;
• we fill out a paper on the choice of a certain taxation system by us;
• also, if necessary (depending on the type of activity), we submit a certificate of non-conviction.

Application in full

Now Nikolai needs to download an application in form P21001 from the official website of the Federal Tax Service, print it out and fill it out with a black pen in block letters.

This is not the only option available in this case. You can go to any branch of the Federal Tax Service and get a form. And it is allowed to fill in the downloaded one from the computer - it is very convenient.

It is important to ensure that there are no errors in the application, otherwise the inspectors can find fault with any trifle and simply decide for you what type of taxation to choose or, for example, force you to carry work permit licenses.

All brought by Nikolai must somehow be fastened together: this is done either with a clamp, or simply sewn together.

State duty

Now Kolya takes other forms - already for payment and det to any bank whose service he uses.

The state duty is an important element in applying for the opening of an individual entrepreneur, since in the absence of it, the Federal Tax Service at the place of registration may refuse Kolya to open his own flower shop. The payment made is checked by the authorities on the site, and therefore you can pay for this service via the Internet.

A copy of this document will need to be attached to the rest of the papers.

Submission of documents

How can you become an entrepreneur? We simply take all the collected documents and take them to the department of the Federal Tax Service at the place of registration. To find out which institution you are attached to, the official website of the authorities will help.

Nikolai decided that he did not want to deal with paperwork: send a registered letter, wait for an answer. It was the same with the legal representative - he was not an important person in this transaction. Inspired by his dream, Kolya took all the documents and carried them personally, while not forgetting either the originals or the copies.

Our young businessman received a receipt in his hands, which stated that all documents were under supervision.

In addition to a personal appearance at the department, since 2013 you can open your own business without leaving your room: on the official website of the Federal Tax Service, it is easy to fill out an application and send electronic documents.

The final stage

After 5 working days from the moment Nikolay submitted all the documents, he received an extract from the Unified Register of IP and a registration certificate by mail.

The happy businessman, who learned how to become a good small entrepreneur (and where he saw with his own eyes how to start), now sets out with peace of mind to write his business plan, look for new premises and suppliers.

If you are denied, the reason for it may be:

• lack of photocopies or originals;
• incorrectly completed application;
• unpaid state fee.

We hope that in your case everything will go as quickly and smoothly as with our hero.

In conclusion, we will give some useful tips for beginner businessmen.

Don't sit still

Here is such a simple, but quite capacious advice. The world around you moves and develops almost at the speed of light. You need to not only know how to become a successful IP, but also take at least the first steps along this winding path. Read books, ask other business people for advice, do market research and surveys, sign up for some training - take the first step today. In a month you will be already 30 further than your envious people. Do not be afraid of mistakes - you can always start over.

Change environment

Our environment defines us. Are your friends full of happiness, positive, immensely initiative and love to work? Not? It is worth considering what they can then teach you, what invaluable experience to pass on. We are not calling for a complete abandonment of friends, we are talking about letting a little spark into your life - to light up and constantly be in good shape.

Making new acquaintances is easy!

Don't be afraid to talk to strangers. It's simple enough. Who knows, perhaps right now you are talking with your future business partner. Each person is unique in its own way, and if you look closely, you can learn something useful for yourself.

Connect with other entrepreneurs

To get an interesting history of the formation of a company or to look at a couple of business ideas, find interesting company leaders. This can be organized by communicating in special clubs, youth parties. The main thing is to start a conversation. If there are no such events in your city and are not expected, then ask yourself for an audience with large and small firms.

Don't be afraid of problems

Do not run away from responsibility, even if you feel like it too much - otherwise, troubles will accumulate until such time as a huge avalanche will demolish your business along with you. Ask yourself: what do you need now, what problems need to be solved so that you can realize your dream of becoming an individual entrepreneur. Think about it, and then imagine yourself as the head of your own company. He is strong, smart, cracks all the difficulties like nuts, it gives him pleasure to control the situation - why not become just that?

Keep track of time

One of the most important tips is the proper organization of your leisure and work. Time management has now developed into a major field: research on this problem helps to optimize labor costs and use leisure time more efficiently. In this case, you need to be able to correctly prioritize - unfortunately, only experience and the development of rational thinking teach this.

Don't take loans

Think about what will happen if the business goes bankrupt, how to repay debts? Therefore, it is best to turn to your friends, relatives and acquaintances - these people will give you money under good conditions and you yourself will be the guarantor of the return. AT in the end, you can give everything Then you will start making real profits.

Don't be afraid to make mistakes

Our experience cannot be based solely on good events. We learn from mistakes. And that's okay. And therefore, do not be afraid to do them - there is nothing irreparable. Think of Apple, which Steve Jobs literally resurrected from the ashes.

We have considered such an important topic for every novice businessman, how to become an individual entrepreneur, where to start, what to pay attention to. Of course, a lot depends on the procedure for state registration of your business, but this is only the beginning of a long journey, since the rest is entirely in your hands.