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Do I need a print and can it work without it. Seal of an individual entrepreneur, legal requirements

When starting their own business, people often wonder if they have the right to work without a seal and how to sign documents in this case.

First of all, let's figure out why an individual entrepreneur needs this tool.

• An individual entrepreneur cannot open a current account without a seal, for this he must be issued a card with samples of a stamp and signature. In the future, it will be needed in special cases, for example, when withdrawing funds through a checkbook.
• For many companies, the presence of a personal seal with partners is fundamental; this may be due to the company's security policy. If a businessman does not have a stamp, then contracts will be refused.
• A seal is required to provide documents strict accountability when working without a cash register, such a rule is clearly spelled out in the law and its failure to comply can result in fines.
• If the company employs hired people, then the tool is necessary to confirm the entries in their work books.
• The absence of a stamp can make customers suspicious of the legality of the company, so it is easier to make it than to explain ordinary people that the law does not require a print.
• Finally, printing provides additional protection for documents against forgery.

What is IP printing, this video will tell:

Law Requirements

Article 23 of the Civil Code enables citizens of the Russian Federation to carry out entrepreneurial activities without registering as a legal entity. All the laws of the Civil Code apply to such entrepreneurs, unless otherwise provided by separate legislative acts. Therefore, the state allows individual entrepreneurs to work without printing.

On April 6, 2015, the President of the Russian Federation signed Federal Law No. 82, which amended various documents and allowed the use of seals on a voluntary basis.

For those who look after their image and strive to maintain a high status, there are premium seals framed in expensive tree or metals.

Benefits of printing

1. Entrepreneurs working with the population draw up seals in order not to work with cash registers. In this case, the fact of the transfer of funds is confirmed by special forms with an imprint of the organization.
2. If the IP works for government agencies, then the presence of a seal is also necessary. Applications for tenders, large purchases for the state must be confirmed with a stamp.
3. It is beneficial for small or start-up organizations to take students for the duration of the internship, in which case the work does not require mandatory payment of wages, but for registration of all required documents and reports must be printed.
4. In some situations, there is a need to certify documents, and this can be done in only two ways: using a seal or with a notary. The first method will help to avoid very expensive procedures and save valuable time.
5. The seal gives the right to issue powers of attorney, that is, thanks to it, an entrepreneur can appoint a trustee as his official representative at events, in courts or when making transactions that you cannot attend in person.
6. Finally, the stamp helps not only to open a current account, but also to cooperate with large banks that give good guarantees. It is possible to resolve this issue without him, but it will take a lot of time and effort to achieve positive solutions.

When an individual entrepreneur needs to withdraw money from a current account, the question arises, how exactly to do this? Read the answer

Registration of the seal with the tax authorities

There is no legal norm obliging to register a seal with the tax office, but in some cases such a procedure is advisable.

Prints are placed on reporting documents, payment orders and other accounting papers. If you are accused of fraud or other conflicts, registering a stamp will help you quickly fix the problem.

The tax service does not maintain an official register of seals, but nothing prevents an entrepreneur from registering his stamp. For this you need:

• write an application on a special form;
• present an identity document;
• photocopy the registration document;
• in some cases, they may be asked to leave a diagram and a seal imprint.

If you have become an IP, then you will need it, but it is not so easy to open it. detailed instructions is in the link.

In each region, such issues are resolved by local authorities. For example, in the Moscow Region, all seals are recorded at the Moscow Registration Chamber, however, registration takes place on a voluntary basis.

Why do you need an IP seal? See the answer in this video:

The date of manufacture (or destruction) of the seal is entered in a special journal, its trace and the personal signature of the entrepreneur are left. Until 2002, all templates were submitted for approval before official production.

Thus, the need for a seal individual entrepreneur V more depends on personal desires and goals specific person rather than from laws and other regulations.

No one can force you to issue your own stamp, but it is still recommended that you take your time to make this tool, sooner or later it may come in handy for signing profitable documents, and besides, it costs little money.

Legislatively, a seal for an individual entrepreneur is not a necessity. However, in some activities it is very welcome. If an individual entrepreneur is engaged in trade, then most suppliers require a personal seal to be affixed to the invoice, and in the absence of cash registers, it is necessary to draw up accurate reporting forms with a seal.

Need for 2018

Also printing is required in some other cases.

Pros and cons for IP

The pros and cons of having a personal seal depend on the type of activity of the entrepreneur. Even though it is not legally required, it still has a number of advantages that distinguish the entrepreneur from competitors. Among the advantages:

1. Additional protection of documentation from forgery by fraudsters - making an exact copy of the seal is more difficult than depicting someone else's signature.
2. When using, it is better to use a personal seal in order to avoid nit-picking at a bank or other accounting institution.
3. Large companies may require an individual entrepreneur to have a seal when concluding an agreement.
4. Some clients may not be aware that a seal is not required for IP, which may lead to distrust or refusal to cooperate.
5. The presence of a seal gives additional points to the presentability of the enterprise, which simplifies the conclusion of contracts with suppliers.

Minuses the personal seal also has. Among them:

1. After registration, the IP will be required to stamp all documents, which is not always convenient. You will always have to carry it with you, and documents with one signature will not be valid. In this regard, the individual entrepreneur cannot allow that some of the documents, due to inattention and oversight, turn out to be unprinted.
2. For the production and registration of the seal, you need to use additional cash- about 1000 rubles, plus a stamp pad and paint, which are usually replaced about once a year.

According to the law Russian Federation, forcing an individual entrepreneur to issue a personal seal is not possible. However, for the entrepreneur himself, the presence of a stamp is characterized by a number of advantages, it gives weight in the eyes of others and helps to conclude more successful orders. Compared to this, the minuses of the stamp are not so serious.

The Civil Code of the Russian Federation gives permission to any citizen of the country to engage in private business. The rights and obligations of an individual entrepreneur are the same as those of a legal entity, and the activity itself is regulated by the same laws. They are spelled out in paragraph 3 of the above-mentioned article 23.

However, Law No. 129-FZ contains information that a seal is not necessary for the registration of an individual entrepreneur by the state. But there are also other legal requirements that require the use of a stamp in certain documents.

Despite the fact that the exact requirements for IP printing are not prescribed by law, it can be concluded that they should be drawn up similar to stamps legal entities- according to the Civil Code.

Therefore, when making a print to order, you should add the following information to them:

• full transcript of the full name of the private entrepreneur;
• its location;
• registration number from the certificate;
• signature - "Individual entrepreneur".

Possibility of refusal

An individual entrepreneur has the right to legally refuse to make a stamp, but only in cases where situations do not oblige him to use a personal seal. These include:

• use of BSO;
• execution of documents for the transportation of inventory items;
• opening of RS in some banks and establishments;
• execution of powers of attorney to carry out actions on behalf of a private entrepreneur;
• registration of employees for work using a work book.

Since the legislation does not oblige an individual entrepreneur to have a nominal seal, he has the right to sue if he is denied the desired operation. On documents, the entrepreneur uses a signature and in some cases, for example, on forms where space is left for printing, the mark “b / n” is put, which stands for “without seal”.

There can be no possibility of refusal to issue an IP seal: to manufacture a product, an entrepreneur should only contact an office that deals with custom printing. After receiving the stamp in hand, the individual entrepreneur is not required to register it with any state body.

How to work without printing

In the absence of a seal, the entrepreneur uses his signature and the designation "b / p" where the seal should be affixed. There should not be any discrimination based on the lack of a stamp, although many clients and partners may indirectly force an IP to create a personal seal.

In the case of registration of employees according to work books or the use of sales receipts, the individual entrepreneur is still required to have a seal. But not every entrepreneur plans to hire workers or trade.

Design Requirements

Organizational seals are of two types - stamps, which certify all documents, and additional stamps, with inscriptions such as "refused", "approved" and so on. standard size the print of a private entrepreneur is considered to be 38-40 millimeters. It can be round, rectangular and triangular.

Please consider when ordering next questions:

1. Should I choose regular printing or automatic printing? In the presence of large volume work, automatic is much more convenient, but also higher in price - therefore, if the amount of documentation is not too large, you can use the ordinary one.
2. What form of equipment to choose - round or rectangular?
3. Which tooling material to choose - metal, plastic or wood?
4. What kind of stamp to choose? In addition to the requirements provided for by certain rules, an individual entrepreneur has the right to display whatever he wants on the imprint of a personal seal.
5. What kind of print protection should I choose? There are a lot of options for protection for a stamp. Its inclusion results in a slight increase in the cost of the final product, but such is the price of increased security.
6. What font to choose for printing? Typically, samples are presented in the office for the manufacture of products, which makes it easier for the customer to choose. However, if you wish, you can ask to develop your own and unique font for your print.

A package of documents for ordering a personal seal:

• passport;
• order form with exact sketches and all the wishes of the customer, with his signature;
• a certificate indicating that the entrepreneur is included in the USRIP;
• TIN - original and photocopy.

The inscriptions that must be present on the seal:

• surname, name and patronymic of the entrepreneur;
• mention that the entrepreneur is registered as an individual entrepreneur;
• state IP number;

Where to order and how much

To make a private stamp, you should contact any stamp company you like. As a rule, they offer a wide range of necessary services.

The cost varies from 200 to 1000 rubles. It depends on the region of manufacture and the following factors:

• type - automatic or manual;
• size and shape;
• used materials;
• the complexity of developing sketches;
• counterfeit protection;
• production time - urgent orders, as a rule, are somewhat more expensive than ordinary ones.

Typically, the company produces prints in one working day, but it is also possible to execute an urgent order in a few hours. After creating the seal, it no need to register A: You can get started right away. However, it must be remembered that after the start of use, the seal should be affixed to all documents without exception.

You can learn more about IP printing in this video.

Hello, Elena!
P. 3 Art. 23 of the Civil Code of the Russian Federation states that entrepreneurial activity citizens, carried out without forming a legal entity, the rules of the Civil Code of the Russian Federation, which regulate the activities of legal entities that are commercial organizations, are applied, unless otherwise follows from the law, other legal acts or the essence of the legal relationship.
The general norms of the Civil Code of the Russian Federation on commercial organizations also do not contain provisions on the obligatory presence of a seal in a commercial organization. The relevant requirements are contained only in special laws regulating the activities of legal entities of the corresponding organizational and legal form (see, for example, clause 5, article 2 of the Federal Law of February 8, 1998 N 14-FZ “On companies with limited liability”, paragraph 7 of Art. 2 of the Federal Law of December 26, 1995 N 208-FZ "On Joint Stock Companies").

The affixing of a seal on the forms of primary accounting documents should be recognized as mandatory only if this is expressly provided for in the form itself or in the instructions for filling it out.
That is, the issue of the need to manufacture a seal is decided by an individual entrepreneur independently.

NATIONAL STANDARD OF THE RUSSIAN FEDERATION "SEALS MASTIC IDENTIFYING
Shape, dimensions and technical requirements.»
The project was developed on the basis of the notification of the State Standard of the Russian Federation of November 28, 2003

3. Technical requirements to mastic identification seals
3.1. The cliche of the mastic identification seal is made in a round shape (Figure 1, 2). The minimum diameter of the printing plate is 40 mm, the maximum diameter is 50_1 mm.
3.2. On the outer ring, the printing plate is limited by a rim 1.3 + 0.1 mm thick, on which there is a microtext in a negative style (white text on a black background) with information about the manufacturer of the print. The microtext consists of a repeating entry that includes the word certificate with its number, as well as the year and month the seal was made.
The certificate must confirm that the manufacturer of the seal has the technical and technological capabilities to manufacture the specified type of product at the proper quality level.
3.3.2. The central area of ​​the cliche of the seal with the coat of arms of the Russian Federation or with other symbols of the constituent entities of the Russian Federation and positive microtext or containing the name, logo, emblem commercial enterprise is distinguished by a circle with a line thickness of no more than 0.08 mm.
3.3.3. In the lower part of the central seal area along the annular line counterclockwise, symmetrically with respect to the vertical axis of the seal plate, the following auxiliary information about the certification seal is placed:
- the number of the seal (if the certification seal for this legal entity is not made in a single copy), indicated by Arabic numerals, starting with the number 2 for the second seal. In figure 2, the entry "2" means that the print was made by the second copy of the seal;
- to print a duplicate, instead of the lost one, the letter D is put with the serial number of the duplicate recorded through a hyphen, starting with the Roman numeral I for the first duplicate of the seal.
- it is allowed to include auxiliary information about printing in a separate circle line at the bottom or top of the central field (for example, "for invoices", "for invoices", etc.).

That is, in seals with the coat of arms it is allowed to enclose auxiliary information in a separate ring line at the bottom or top All-Russian Research Institute of Polygraphy organization standard STO 02426447.1-2005 REGULATORY DOCUMENT ON STANDARDIZATION FOR THE VOLUNTARY CERTIFICATION SYSTEM "PechCert""Regulations on the use of product quality management systems in the manufacture of mastic seals"

This standard is focused on the management of enterprises that manufacture mastic seals in accordance with the requirements of the Federal Laws “On State Registration of Legal Entities and Individual Entrepreneurs” and “On Technical Regulation”, taking into account the requirements of GOST R 51511-2001 and the provisions of the “Temporary procedure for certification of production, taking into account requirements of GOST R ISO 9001-2001”.

5.4.2 For commercial organizations and entrepreneurs in the information field clockwise after the name of the enterprise and the OGRN there should be an identification tax number (TIN XXXXXXXXXXXX). At the request of the customer, the circles of the information field can also contain Additional Information about the customer's enterprise: KPP codes. OKVED. state registration number records of state registration of changes made to founding documents, or the location of the enterprise - city, region, etc.

That is, the standard of the organization that manufactures seals STO 02426447.1-2005, according to which at the request of the customer, additional information about the customer's enterprise can be located in the circles of the information field: KP codes Thus, when making a seal, you have the right to apply some designation of yourself (for example, “Cube-Print”).

I can provide letter writing services. explanations, as well as advice on the successful resolution of the issue.

Sincerely, F. Tamara

Alexander, hello.

As for the main question about the need to put an IP seal on documents and the validity of these documents without a seal, I would like to draw your attention to the following points.

First, according to paragraph 1 of Art. 23 of the Civil Code of the Russian Federation, a citizen has the right to engage in entrepreneurial activities without forming a legal entity from the moment of state registration as an individual entrepreneur. When registering, the seal of the IP as confirmation of its status and mandatory activity is not required.

Secondly, according to Art. 160 of the Civil Code of the Russian Federation

1. The transaction must be in writing by drawing up a document expressing its content and signed by a person or persons making the transaction, or persons duly authorized by them.
Law, other legal acts and additional requirements may be established by agreement of the parties , which must comply with the form of the transaction (commission on a letterhead of a certain form, seal binding etc.) and provide for the consequences of non-compliance with these requirements. If such consequences are not provided for, the consequences of non-observance of the simple written form of the transaction shall apply (paragraph 1 of Article 162).

Thus, for the validity of the concluded transaction, as well as the documents drawn up as part of its implementation, only the signature of the person is sufficient. The presence of a seal on these documents is allowed only if the parties to the transaction (agreement) have reached an independent agreement on this.

Thirdly, the absence of the need to put a seal on documents was repeatedly noted in the materials of judicial practice.

Resolution of the Seventh Arbitration Court of Appeal of May 19, 2016 N 07AP-3780/2016 in case N A27-18750/2015

Arguments IP Prigarova L.G. that the presented consignment notes do not contain the seal of the defendant, in connection with which the court without sufficient grounds acknowledged that there had been a signing of waybills employees of the defendant, subject to rejection.
Article 9 of the Federal Law "On Accounting" establishes that all business transactions carried out by an organization must be documented by supporting documents. These documents serve as primary accounting documents on the basis of which accounting is maintained. Primary accounting documents are accepted for accounting if they are drawn up in the form contained in the albums unified forms primary accounting documentation, and documents, the form of which is not provided for in these albums, must contain the following mandatory details: the name of the document; date of preparation of the document; the name of the organization on behalf of which the document is drawn up; the content of the business transaction; business transaction meters in physical and monetary terms; the name of the officials responsible for the business transaction and the correctness of its execution; personal signatures of the said persons.
Evidence of confirmation of the transfer of inventory items in accordance with the Regulations on maintaining accounting And financial statements in the Russian Federation, approved by order of the Ministry of Finance of the Russian Federation of July 29, 1998 N 34n, is a document (waybill, waybill, acceptance certificate, etc.) containing the date of its compilation, the name of the supplier organization, the content and meters of the economic transactions in kind and in monetary terms, as well as signatures of authorized persons who transferred and accepted property.
The list of information that must be indicated on the TORG-12 waybill is determined by the Decree of the State Statistics Committee of Russia dated December 25, 1998 N 132 "On approval of unified forms of primary accounting documentation for accounting for trade operations."
When evaluating the disputed consignment notes, the court, among other things, took into account the fact that they contain all the necessary details, while the absence of the defendant's seal in the consignment notes, if the signature of the person who accepted the goods, is not a shortcoming in the design of consignment notes, indicating the absence the fact of the transfer of goods.
Evidence of the agreement by the parties of the obligation to certify the consignment note with the seal of the defendant was not presented in the case file.
In addition, neither in the Civil Code of the Russian Federation, nor in federal law dated 08.08.2001 N 129-FZ “On State Registration of Legal Entities and Individual Entrepreneurs” does not say that an individual entrepreneur must have a seal. ) it is also indicated that the obligation of an individual entrepreneur to acquire and use a seal in the course of his activities is not provided for by the current tax legislation. The presence of a seal is at the discretion of the individual entrepreneur himself.

As a matter of fact, the presented conclusion of the court gives a direct answer to the question that for the purposes of accounting, only a document signed by an individual entrepreneur is sufficient, the presence of a seal on it is possible at the discretion of the entrepreneur himself.

The question of whether an IP seal is needed arises even at the registration stage. The legislation of the Russian Federation does not require its presence without fail. But if it is planned to carry out cash settlements without control cash register, then printing is mandatory. But it is possible to provide household services to the population without this requirement. But in some situations, it is still recommended to obtain a seal for conducting activities.

Contracts certified with a seal always look more solid and inspire confidence. But this is not the main advantage.

The benefits include the following:

• any document is reliably protected from forgery;
• if you have a bank account, servicing is simplified;
• some contractors require to certify the documentation not only with a signature;
• most buyers are skeptical of unprinted receipts.

There are also some disadvantages:

• manufacturing costs;
• the need to certify all documents, regardless of their importance;
• risk of loss or theft.

After evaluating all the pros and cons, the individual entrepreneur can decide whether he needs it or not.

Submit information to tax office No, the number of copies is not limited.

For production, it is enough to provide a copy of the certificate of state registration. registration as an individual entrepreneur. The entrepreneur can independently choose the design and sample.

The cost can vary between 300-2000 rubles. Production time from one to seven days, depending on the complexity.

Upon receipt finished product It is important to check the correctness of the applied data. Inaccuracies will cause legal problems.

When is a seal required?

To conduct business activities, the current tax legislation does not provide for the mandatory presence of a seal from an individual entrepreneur. But some situations require it.

Printing is indispensable in the following situations:

1. Participation in state orders. An application will not be accepted without a print. When working with government agencies stringent requirements are put forward.
2. Work with strict reporting forms ( waybills, powers of attorney, cash receipts).
3. Availability of employees. Registration of personnel documents by an individual entrepreneur requires a seal. Recording in work book must be signed and stamped.
4. Lack of cash registers for cash settlements with customers. If the taxation system allows, an individual entrepreneur may not apply CCP, this is legal. In this case, it is necessary to write out checks, which are forms of strict accountability. And they must be stamped.
5. Opening a current account of an individual entrepreneur in a bank. Is not required condition and whether or not, is determined by the rules of the particular institution. But in some banks it is necessary to work with checkbooks.

A businessman with a seal can count on major transactions, as such an attribute inspires confidence among partners. But the tax legislation does not control this issue. The contract is considered valid without an imprint when signed by both parties.

The question of whether an IP seal is needed, and in what cases it has to be sorted out, now it is necessary to prepare documents for manufacturing.

You need to consider the need for printing at the stage of registering an individual entrepreneur through the MFC. This will allow immediately after opening to conduct activities without restrictions with certification of documents.

Many companies are engaged in the manufacture of stamps and offer various options. Hand fixture is cheaper and takes less space, more practical if you need to carry often. The automatic option is suitable for high speeds and the need for frequent use.

Manufacturers offer varied design products and print sketches. To avoid counterfeiting, you can order protection in the form of a UV label, a guilloche grid or a two-dimensional barcode.

The shape of the print can be in the form of a circle, square, triangle, at the request of the customer.

The seal for IP must contain the following information:

• full name of the entrepreneur;
• OGRN;
• registration address.

The law does not provide for other information, but the owner can enter it at will. So, for example, use a brand name or symbolism. It is not allowed to place logos of other enterprises, the coat of arms of the Russian Federation, the symbols of the municipality.

If an individual entrepreneur needs a seal, then the following will be required:

1. Filling out an application.
2. Copies of passport and state registration document.
3. Submission to an organization providing such services.
4. The choice of print and product design.
5. Entering payment. The cost ranges from 300 rubles. up to 2000 rub.
6. Expectation. It usually takes 1 to 7 days to make. Urgent orders are completed in a few hours, but this service is more expensive.
7. Receipt. You must provide a passport or power of attorney if the individual entrepreneur entrusts this to another person.
8. Registration. At the request of the entrepreneur.

The legislation does not oblige to register the seal of an individual entrepreneur, but if desired, this can be done by submitting an application to the tax office, police department, chamber of commerce and industry.

Elimination of the seal

An individual entrepreneur, when closing a business, must take care of the liquidation of his seal. But it is required if it has been registered. Then you need to provide the tax office with an application, a copy of the passport and the seal itself. The supervisory authority issues an act of liquidation.

If the IP did not register the seal, no action is required. It just stays with the owner. When used by other employees, for example, an accountant, head of personnel department or director, it must be withdrawn against receipt.

When doing business, an entrepreneur has the right to refuse a stamp at any time. To do this, they destroy it and draw up an act.

What to do if the seal is lost or stolen. You need to act immediately so that fraudsters do not take advantage of this to carry out illegal operations.

The actions of the entrepreneur are as follows.

1. File a police report detailing the situation.
2. Obtaining a certificate from the Department of Internal Affairs for submitting documents for a new seal.
3. Exclusion from the register, in case of registration.
4. Filing an ad in the media to warn contractors and avoid fraud.

The entrepreneur can notify his partners about the receipt of a new seal by providing an imprint. This will prevent attackers from using the old sample to certify documents.

It can be concluded that the legislation does not require an individual entrepreneur to have a seal, but in some cases it is necessary when conducting business. Therefore, the entrepreneur has the right to receive it and use it to certify documents.