Can an ip have a name. Sole proprietorship: everything about individual entrepreneurs, in plain language

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 having many of the rights of legal entities. For individual entrepreneurs, the rules of the civil code governing the activities of legal entities are applied, except when separate articles of laws or legal acts are prescribed for entrepreneurs. ()

Due to some legal limitations (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, possible suspension of activities up to 90 days.

From 0.9 million rubles for three years, and at the same time 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 amount 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) (Art. 198, clause 3. of the Criminal Code)

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

From 4.5 million rubles for three years, and at the same time, 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 tax (fee) amounts
1. Non-payment or incomplete payment of tax (fee) as a result of understatement of the tax base, other incorrect calculation of the tax (fee) or other unlawful actions (inaction) shall entail the collection of a fine in the amount of 20 percent of the unpaid amount of tax (fee).
3. The acts provided for by paragraph 1 of this article, committed intentionally, entail the collection of a fine in the amount of 40 percent of the unpaid amount of the tax (fee). (Article 122 of the Tax Code)

penalties

If you are only late in paying (but not providing false information), then there will be penalties.

Penalties are the same for everyone (1/300 multiplied by the key rate of the Central Bank per day of the amount of non-payment) and are now somewhere around 10% per annum (which is not very much in my opinion, given that banks give loans at least at 17-20 %). You can count them.

Licenses

Some types of activities an individual entrepreneur can only engage in after obtaining a license or permissions. The licensed types of activities of individual entrepreneurs include: pharmaceutical, private detective, transportation of goods and passengers by rail, sea, air, and others.

An individual entrepreneur cannot engage in closed activities. Such activities include the development and / or sale of military products, the circulation of narcotic drugs, poisons, etc. Since 2006, the production and sale of alcoholic beverages have also been banned. An individual entrepreneur cannot be engaged in: production of alcohol, wholesale and retail trade in alcohol (with the exception of beer and beer-containing products); insurance (i.e. being an insurer); activities of banks, investment funds, private pension funds and pawnshops; tour operator activity (travel agent can); production and repair of aviation and military equipment, ammunition, pyrotechnics; production of medicines (realization is possible) and some others.

Differences from legal entities

  • The state duty for registration of 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.
  • An individual entrepreneur does not have cash discipline and can dispose of the funds in the account as he pleases. Also, the entrepreneur makes business decisions without logging. This does not apply to work with KKM and BSO.
  • An individual entrepreneur registers a business only for himself, unlike legal entities, where registration of two or more founders is possible. Sole proprietorship cannot be sold or re-registered.
  • An employee of an individual entrepreneur has fewer rights than a hired worker of an organization. And although in the Labor Code, organizations and entrepreneurs are equated in almost all respects, there are still exceptions. For example, when an organization is liquidated, a mercenary is required to pay compensation. When closing an individual entrepreneur, there is such an obligation only if it is spelled out in the employment contract.

Appointment of a director

It is legally impossible to appoint a director in a sole proprietorship. The sole proprietor will always be the main manager. However, it is possible to issue a power of attorney to conclude transactions (clause 1, article 182 of the Civil Code of the Russian Federation). Since July 1, 2014, for individual entrepreneurs, it has been legally possible 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 some powers are delegated directors. A large legislative base on rights and obligations 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 regional tax office at the place of registration, in Moscow - MI FTS RF No. 46 for Moscow.

Sole proprietors can be

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

OKVED codes for an individual entrepreneur are the same as for legal entities

Required documents for registration of an individual entrepreneur:

  • Application for state registration of an individual entrepreneur (in 1 copy). Sheet B of Form P21001 must be completed at the tax office and given to you.
  • Copy of TIN.
  • A copy of the passport with a residence permit on one sheet.
  • Receipt of payment of the state duty for registration of an individual entrepreneur (800 rubles).
  • Application for the transition to the simplified tax system (if necessary).
An application for registration of an individual entrepreneur 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 provide 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 (EGRIP)

After registration

After IP registration it is necessary to become registered with the pension fund and the Compulsory Health Insurance Fund and obtain statistics codes.

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

taxes

IP pays a fixed fee 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. A fixed contribution is paid regardless of income, even at zero income. To calculate the amount, use the IP fixed payment calculator. In the same place, the CSC and the details of the calculus.

An individual entrepreneur can apply tax schemes: STS (simplified), UTII (imputation) 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 the 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 (with OSNO). Another difference is that only entrepreneurs can apply PSN. Also, IP does not pay 13% of personal profit in the form of a dividend.

The entrepreneur has never been obliged to keep accounting records (chart of accounts, etc.) and submit accounting reports (only the balance sheet and income statement apply to it). This does not exclude the obligation to keep tax records: declarations of the USN, 3-NDFL, UTII, KUDIR, etc.
An application for the simplified tax system and other documents can be prepared online in a free service.
Of the inexpensive programs for individual entrepreneurs, one can single out with the possibility of submitting 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 to get a loan from a bank for an IP business than a legal entity. Many banks also give mortgages with tension 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 they do not allocate profit there. Patent and UTII are especially opaque in this matter; these systems do not even have income records. USN "Income" is also unclear, because it is not clear how many expenses. USN "Income-Expenses", ESHN and OSNO most clearly reflect the real state of the IP business (there is a record of income and expenses), but unfortunately these systems are used less frequently.
  • An individual entrepreneur himself (unlike an organization) cannot act as a pledge in a bank. After all, he is a natural person. The property of an individual can be pledged, but it is more difficult legally than a pledge 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, leaving everything, etc. And if in an organization you can change the director and founders at the click of a finger, then an individual entrepreneur in this case can only close, and terminate the loan agreement or go to court. IP cannot be reissued.

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

Subsidy and support

In our country, hundreds of funds (state and not only) provide advice, subsidies, soft loans for individual entrepreneurs. In different regions - different programs and help centers (you need to look). .



Rice. Number of individual entrepreneurs per 10,000 population

Experience

Retirement experience

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

Pension

Under current legislation, an individual entrepreneur will receive a minimum pension, regardless of how much he pays to the FIU.

The country is undergoing an 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 he will not have pension indexation.

Insurance experience

The insurance period for the FSS goes only if the entrepreneur voluntarily pays social insurance contributions (FSS).

Difference from employees

The Labor Code does not apply to the individual entrepreneur. It is accepted only for employees. IP, unlike the director, does not apply to mercenaries.

Theoretically, an individual entrepreneur can hire himself, assign 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 have to pay all payroll taxes.

Maternity can only be received by a woman entrepreneur and only on condition of voluntary insurance in social insurance. .

Allowance up to one and a half can be received by any businessman, regardless of gender. Either in RUSZN or in the FSS.

IP leave is not allowed. Because he has no concept of working time or rest time, and the production calendar does not apply to him either.

Sick leave is only for those who are voluntarily insured with the FSS. Calculation based on the minimum wage, the amount is insignificant, therefore, in social insurance, it makes sense to insure only mothers for maternity.

closure

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

IP closing happens in the following cases:

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

Databases for all IPs

Contour.Focus website

Partially free Contour.Focus The most convenient search. It is enough to enter any number, surname, name. Only here you can find OKPO and even accounting information. Some information is hidden.

USRIP extract on the website of the Federal Tax Service

Is free Federal Tax Service database EGRIP information (OGRNIP, OKVED, PFR number, etc.). Search by: OGRNIP / TIN or full name and region of residence (patronymic name is not required).

Bailiffs Service

Is free FSSP Learn about enforcement proceedings for the collection of debts, etc.

With the help, you can keep tax records on the simplified tax system and UTII, generate payments, 4-FSS, Unified settlement, SZV-M, submit any reports via the Internet, etc. (from 325 r / month). 30 days free. On first payment. For newly created IPs now (free of charge).

Question answer

Can I register on a temporary basis?

Registration is made at the address of permanent residence. To what is indicated in the passport. But you can send documents by mail. By 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 residence permit in the passport (provided that it is more than six months old). You can conduct business in any city of the Russian Federation, regardless of the place of registration.

Can an individual entrepreneur register himself for work and make an entry in the labor himself?

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

Can an IP have a name?

An entrepreneur can choose any name for free, which would not directly conflict with the registered one - for example, Adidas, Sberbank, etc. In the documents and in the plate on the door, there should still be an IP full name. He can also register a name (register a trademark): it costs more than 30 tr.

Is it possible to work?

Can. At what you can not report at work that you have your own business. It does not affect taxes and fees in any way. Taxes and fees of the FIU must be paid - both as an individual entrepreneur and as a mercenary, in full.

Is it possible to register two sole proprietorships?

IP is just the status of an individual. It is impossible to become an IP twice at the same time (get this status if it already exists). TIN is always the same.

What are the perks?

There are no business benefits for the disabled and other privileged categories.

Some commercial organizations also offer their discounts and promotions. Online accounting Elba for newly created IP is now the first year as a gift (free of charge).

(IP) is an individual who is legally registered to conduct entrepreneurial activities. If an LLC (limited liability company) is a legal entity, the founders of which are allowed to independently choose the name of the company, then the individual entrepreneur does not always have such an opportunity. The generally accepted name of an individual entrepreneur consists of the full name or full name of an individual, before which the abbreviation “IP” is placed, for example, “IP Sidorov Ivan Petrovich” or “IP Sidorov”.

Please note that when carrying out, for example, retail trade, an individual entrepreneur also has the right to install a sign “Spare Parts” or “Products” on his store. This will not be considered an offense, since these words are well known and are indicated to inform buyers about the types of goods offered for sale here. In this case, the full name may sound like "Products (IP Sidorov)".

Like an LLC, an individual entrepreneur can register a trademark for himself in the form of a word designation or a logo. Thanks to the registration of a trademark, an entrepreneur can individualize himself in a particular area of ​​goods and services, becoming recognizable in society. Such a designation of IP can be freely used in entrepreneurial activities. At the same time, it will be necessary to indicate the details of the individual entrepreneur when concluding agreements with counterparties and in other official documents: “The Sun grocery store, represented by an individual entrepreneur Sidorov, entered into an agreement with ...”.

Useful advice

Come up with a unique name for your own trademark. It should not overlap with the names of existing enterprises and at the same time copy them. Otherwise, the copyright holders will certainly make reasonable claims against you.

The success of the product itself in the market sometimes depends on how well the name of the trademark is assigned. A competent choice of such a name is a relatively difficult legal and psychological task.

Instruction

Trademarks and service marks are registered in the so-called classes corresponding to the types of goods produced and services provided. Remember that a mark cannot be registered in a particular class if another mark with the same or similar name was previously registered in the same class. The following is indicative: the developers of the ICQ program, having decided at all costs to call their company any female name, searched the Internet for other companies with names representing various female names. There was not a single company in the world called Mirabilis, and they had to name their company that. Do not repeat two of their mistakes. Firstly, the search must be carried out not in conventional search engines, but on the website of the organization involved in the registration of trademarks and service marks. Secondly, they did not know that a sign with the same name (but with a different graphic style) could still be registered if the existing and new signs would then be in different classes. In addition, if the product or service is not intended to be exported, it is sufficient that a similar mark is not registered at least in the country of origin.

If the product or service is still going to be exported, find out if the export item will need to be renamed in some markets. Perhaps, at least in one of the countries, someone has registered a similar mark in the same class earlier. It is for this reason that Sega shipped its game consoles to the United States under the name Genesis, and not Mega Drive, as in the rest of the world. Now try to answer the question on your own why Siemens does not supply its wired telephone sets under the name Euroset to Russia at all (and supplies wireless Gigaset brands).

Any type of business must have an official name. An individual entrepreneur prescribes a surname, name, patronymic in his documents. This will be the official name of the company.

It is also required to indicate OGRIP and TIN. Mandatory mention of other data is not provided for by applicable law.

Official and commercial names

In addition to the official name, an individual entrepreneur may have a commercial name that reflects the activities of the company. This is a bright and attractive name of the company, which will be easily remembered by customers. Essentially, this is publicity stunt aimed at increasing sales or requests for services.

Unlike the official name, the commercial name is not required to be registered in the State Register. It is also not necessary to include it in the main documentation of the organization: the decision on this is made by .

Creating a memorable company name can be entrusted to an agency specializing in naming. The services of good specialists are expensive. However, the costs will be justified if the commercial name will positively affect the company's image and increase sales.

Such attention to the commercial name is not relevant for all types of businesses. A recognizable name is important for beauty salons, fitness clubs, clothing and accessories stores. For small retail outlets selling groceries and essentials, there is often no need to stand out on account.

The business name appears on signs, company invoices, letterheads, outdoor advertising, and advertisements. The owner of the company can expand this list.

Registration procedure

Firstly, make sure that the corporate name of the enterprise does not contradict moral and ethical standards. For example, naming a sewing supplies company ISIS is a bad idea.

Secondly, analyze your business, compare it with competitors' projects. This will allow you to understand whether the chosen name will work and how it will affect the profit. It does not make sense to open a Lady accessories store if there are several similar outlets nearby: Business Lady, Elegant Lady, etc. They will simply be confused.

Please note that the name registration procedure is a complex process. It is best to seek the help of an experienced lawyer. So you spend less time and immediately get the desired result.

Reasons for refusal

  1. The name already matches the previously registered one: in whole or in part (by 70%). Before registration, contact Rospatent and leave an application. Specialists will check the chosen name. If registration is not possible, you will be answered in writing, indicating the reason for the refusal.
  2. The name can be misleading to customers. A simple example: you cannot call a pharmacy "Beauty Salon".
  3. The name must not contain the full or abbreviated name of any government agency.

If the above requirements are met, you can apply for a name registration. The application, together with a package of documents, is submitted to Rospatent. You can submit documentation and an application yourself or through a representative - a relative or employee to whom you delegate this right.

List of documents

Registration takes place in several stages. First of all, a package of documents is formed.

Entrepreneur attaches to the application:

  1. Receipt for payment of state duty.
  2. Copies of the founding documents of the company.
  3. A letter indicating the codes of economic activity of an individual entrepreneur, which is provided by the statistical service

The cost of registering a commercial name for an individual entrepreneur is small. Usually the amount does not exceed 1000 rubles, but the resale of already used names will cost significantly more.

Legislative framework: important aspects

The process of registering an individual entrepreneur is regulated by Federal Law No. 129 of 2002. This is a legal act that the procedure for registration and the conditions for its successful completion.

In particular, the law prescribes that the full name of the entrepreneur be officially indicated on the imprint, while the commercial name is not required to be recorded separately.

If you want to make your company name unique, register your own trademark. When a trademark is registered, the developed logo is indicated on the letterhead, and the official name is also prescribed, for example, IP Ivanov I.I.

When registering a trademark, experts check it for a match with those already registered earlier. Remember that verification is conducted in open sources: search engines, references and the media. Before applying, make sure for yourself that the TM is not already in use.

Doing business under the trademark of another organization that has previously registered it is illegal. This company can sue you and you will be fined.

Usage options

Exists Several variants when you need a business name registration certificate:

  1. To provide to third parties, for example, when placing a sign.
  2. To inform other market participants about the use of the name (will help reduce the number of violations).

For more information on how to name an IP, you can learn from this video.

Restrictions

Features of the company name are regulated by Article 1538 of the Civil Code of the Russian Federation. In accordance with the law, the owner of the IP can use the commercial name he invented for his other companies. However, there is a clear rule here: only one name is used for one structural unit.

Other nuances of creating and using a commercial name are not reflected in legislative acts.

What to Consider

There are no clear rules, but you can formulate a few recommendations, which will help create a memorable IP name.

The name should be easy to pronounce and write. It should be easy to remember and associated with the activities of the company. If the name is chosen correctly, then the potential client will immediately be able to understand what the company does.

At the same time, one should not overuse descriptive information in the title. For example, Glavbytkhiminvest is not the best option for an organization selling household chemicals.

What to Avoid

Use foreign words with care. Be sure to check all possible meanings in a dictionary or ask an experienced translator for help. An ambiguous translation of the name can adversely affect the image of the organization.

Another important point - ideally, the site and the name of the company should match. If you are planning to create a site in the .ru .or com segment, think about how easy it is to write a commercial name in Latin.

Right to use the company name

Any entrepreneur running a business can register a business name. However, this name may be used by other organizations. To make a trade name unique, register a trademark.

Keep in mind that earlier the Ministry of Justice kept records of individual names of legal entities. However, to date, this list is not updated with new names. So, formally there can be several companies with the same names. Priority is given to the one that has previously applied for registration.

Therefore, when developing a commercial name, it is best to strive for originality. This will make the company recognizable and help avoid legal confusion.

Learn more about the name of the company in this video.

An individual entrepreneur has the right to open a bank account for financial transactions, in addition, he can order the production of a seal for the subsequent implementation of activities.

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Is it necessary to register a business name? This issue is always a source of controversy, so it is important to consider it in detail.

Legislation

  1. Business entities may use commercial names. One of these objects is a private entrepreneur. The commercial name is allowed not to be indicated in the unified state register or statutory documentation, in the opinion of the entrepreneur.
  2. Before using the chosen name, it is important to make sure that it does not conflict with moral and ethical values ​​and norms.
  3. The name chosen by the entrepreneur can be used for other firms that belong to the individual entrepreneur. Only one name can be used for one structure.

Registration of a company name for an individual entrepreneur

Every established company must have an official name, and the sole trader is no exception.

The name of the businessman will be indicated in the founding documents. In addition, most entrepreneurs want to have a commercial name that reflects the specifics of the company's activities, is bright or attracts customers.

Is it required?

Quite often on signs of firm (office, the enterprise, etc.) one name is contained, in the check absolutely another is printed. What explains such a difference?

This is due to the fact that potential buyers are not attracted by the name of the company in the form of the last name, first name and patronymic of the head.

That is why, in addition to the personal information contained in the documentation, you can come up with a different name.

Is it required? No, the presence of another IP name is not a prerequisite for a businessman to carry out activities.

He can use a different name, not consonant with his full name, at his own request.

Options

There are many options for company names.

  • attractiveness to potential customers;
  • memorability, brightness;
  • conciseness and originality.

Some entrepreneurs pay special attention to the development of the name of the institution - they turn to specialized companies for help.

The latter not only come up with a suitable name, but also order the development of a story.

This attracts attention from buyers, which increases traffic or the number of orders.

To choose a name for an institution, you will need to indicate the main nuances of the chosen direction, the activities of competitors, and demand parameters.

Some individual entrepreneurs seek help from specialists for a fee.

This is necessary for beauty salons, gyms and other similar establishments. If you plan to open a retail outlet located in a market area, there is no need to come up with an interesting name.

Right to use the name

Each subject of economic relations participating in economic activity may register its own name.

List of subjects:

  1. Joint stock companies of any type - closed and open.
  2. Limited partnerships.

The constituent documentation of the IP must indicate the full name of the businessman without abbreviations. Personal information acts as a kind of name for the established company, since it is the official designation.

The chosen commercial name can be used by other individual entrepreneurs. If you want to have an individual name, then you need to register a trademark.

Order of procedure

To register the name of an individual entrepreneur, you will need to go through a special registration procedure.

Experts note that it is difficult for ordinary businessmen, so it is best to seek help from professionals in this field.

So, registration is impossible if the name:

  1. Completely or partially (70%) coincides with the mark already registered. To get information on this issue, it is enough to leave a request to Rospatent to check the selected name. If it does not pass, then the reason is argued in writing.
  2. If the chosen sign is capable of misleading buyers or customers. For example, a beauty salon cannot be called an "Auto Repair Shop".
  3. The sign includes the full names of state bodies, services, inspections or their abbreviated names.

If the chosen company name for an individual entrepreneur does not conflict with the provisions listed above, then an application for registration of the mark is submitted.

Entrepreneurship today is engaged in an increasing number of people. On the territory of the Russian Federation, becoming an individual entrepreneur is becoming easier and easier. To legalize their activities, an individual entrepreneur is obliged. Can IP be given a name? This question puzzles many entrepreneurs, as regulations do not give specific guidance on this matter.

PR stunt or official name

To date, they must have an official name:

  • legal entities;
  • individuals registered as individual entrepreneurs.

Can a sole proprietorship have a company name? This question is rather difficult to answer, since the question immediately follows - what is the name? The fact is that, according to the law, an individual entrepreneur or a legal entity carrying out economic activities can have two names:

  • official;
  • commercial.

The first is indicated in the constituent documents and certificates with OGRNIP numbers, and the second is used to a greater extent for advertising. From this it follows that business entities and private business entities have the right to assign themselves an official and commercial designation.

Can an IP have a name that differs from its official data and is not contained in its constituent documents? Maybe. For these purposes, the concept of "commercial designation" appeared. In fact, the name of the owner will not particularly attract a large number of customers who are used to paying attention to bright and “loud” signs.

How to assign an IP name?

Article 1538 of the Civil Code of Russia can fully answer this question, which says:

  • all commercial and non-profit organizations and IP entities have the right to have two names to improve their financial condition: official and commercial (additional);
  • legal or natural persons are not allowed to use several commercial designations for one business unit.

Thus, the unofficial name is not recorded anywhere. However, before giving the name of the IP, think carefully again whether it is worth doing it.

The creation of your own logo or trademark will help to finally legitimize a beautiful name for an individual entrepreneur. Remember that these attributes of entrepreneurial activity must be officially recorded in your constituent documents. Printing in this case is simply inevitable. The imprint of this business "accessory" must contain the full name of the individual entrepreneur, the place of his entrepreneurial activity, TIN, and also the logo. For more detailed information, an individual entrepreneur who does not want to engage in entrepreneurship under his last name should refer to 129-FZ.