License validity and renewal. The license is issued for a period of ...
Previously, in accordance with the law, there wasIt is clear that the license is issued for a period of up to 3 or 5 years. But after recent changes for most areas of activity, such restrictions were removed. That is, now the license will operate indefinitely or until it is withdrawn because of violations. This concerns many, but not all, spheres of activity.
By itself this document grants the rightperson or organization to engage in certain activities. Without a license, if a person carries out actions that are subject to compulsory registration and registration, he will be fined. If the violation has resulted in serious consequences, criminal liability is possible. When registering a legal entity, you should familiarize yourself with those types of activities that require licensing, and complete the necessary documents.
Why do I need a license?
In accordance with the official interpretation, outsideDepending on the period for which the license is issued, the main purpose of the document is to prevent damage to life, health, rights and interests of ordinary citizens. It is she who allows to protect the environment, places of culture and recreation, the security of the country and so on.
For example, if there were no such procedure, anypeople would have the opportunity to sell alcohol. Even in officially registered points, there are sometimes fakes that are harmful to health, and sometimes lead to fatalities, what to say about the situation when everyone will trade what they want. As a consequence, cases of poisoning would become much more frequent. It is to prevent such a development of events, and a license is used. Issued for a period of not more than 3-5 years, such a document only for certain types of activities.
It should be noted that there is always the possibilityextension or renewal of a permit. In the absence of violations, an increase in the validity period is not difficult. If there were some comments from state authorities, it is recommended that they be removed as soon as possible. Otherwise, you can meet a refusal to request an extension of the authorization document.
Features of different fields of activity
For how long is the license issued,the activity of the enterprise is affected most actively. It is in the first place. On the second - the desire of leadership. In some cases, you need to take a license for a certain period, in order to temporarily perform the required functions, and in the future it will become irrelevant.
In another situation, the sphere of activityThe company may be such that under the law a license is issued for a period of 2, 3, 4 or 5 years. Sometimes an extension is not provided. It will be required to issue a new license. In another version, you just need to extend the validity of the document once and it will automatically become permanent. All this strongly depends also on the territory, the features of economic development and the type of proposed activity.
It should be noted that obtaining a license in one region allows you to work in any part of the country, but you should first register with local government agencies.
Regardless of the period for which it is issuedlicense, the very fact of its registration has a number of specific requirements. So, in many cases it is required that this document be requested by a legal entity. That is, an ordinary person simply does not have the right to obtain a license for certain activities. Considering the simplicity of registration as an individual entrepreneur, this is not a special problem. This is the most common and simple requirement.
In another case, it may be necessary to showcertain certificates, for example, on the valuation of real estate. Among other things, it may be necessary to confirm compliance with legislation, ensure proper protection of the territory, create conditions for work, properly equip the premises, train staff, and provide access to the workplace, if necessary.
There are many other possible conditions,which will be the reason for the refusal, but usually they are all still needed for full-fledged activity and the problem is also not. It should be borne in mind that the license is issued for a period of not less than 3 years. But here there are workarounds. The applicant can demand that this document act only for 1 year, and he must meet halfway. This is very few people use when it is not always clear at what point in time that may be required.
Legislation is strictly prohibited from requiringapplicant for any money in order to issue a license. That is, the employee of state bodies does not have the right to do this, no matter what happens. But, even if the license is issued for a period of 1 year or several months, the applicant must pay the fee. It is small, but it partially allows the country to cover the costs of maintaining the entire apparatus of employees, who are engaged in issuing such documents.
This is a common practice, oftenwhich occurs in many countries. Only in rare cases, a state fee is not levied, but this is more an exception than a rule. Separately, it should be noted that the amount of such a payment is not only small, but it is not particularly difficult to pay. That is, for the development of private business this is not an obstacle. A lot more money will have to spend on equipment, premises, staff salaries and so on. Against the background of all this, a small payment to the treasury of the country can go unnoticed. But there will be an official right to engage in the desired activity, which is very important in all cases.
The validity of a regular license
The timeframe for the operation of such a documentinterest most of the entrepreneurs. Based on what is written above, we can conclude that the license is issued for a period, which will be specified by the applicant. Otherwise, it will not have an expiration date. Exceptions are also mentioned above, but when studying this problem, the first thing to do is determine which region the enterprise will operate in, what its features will be and what specific licenses may be needed for it. Only after a thorough study of the above issues can you more detailed and in-depth search for data on the necessary permissive documents. This approach is much simpler and more understandable than an attempt to find out everything that is possible about the problem as a whole.
Features of alcohol products
Unlike most other speciesactivity, sale of vodka, beer and other similar goods implies the issuance of a temporary license only. Its validity is 5 years, but the applicant, as already mentioned above, has the right to demand the expiration date of the document in 1 year, 2 or more, but only up to the limit of five years.
Naturally, usually it takes as much as possibletime, but in some cases there may be another need. After the validity period is over, the document can be extended, but on the condition that no violations were previously recorded. In this case, the refusal of the extension may follow. Such a license is required for all establishments, which in one way or another are engaged in the sale of alcohol products. Without it, their activities will be illegal.
For how long is the license issued to banks?
The procedure for the preparation of documents for the right of employmentactivity of a financial institution is slightly different from the sale of alcohol. When registering a permit for banking, there will be certain problems related to a large starting capital and working conditions. But the question of how long a banking license is issued in this case does not arise, because it is unlimited.
But you need to carefully observe the legislation.For serious violations of the license can and deprive. In this case, it may not be possible to restore it more. And in the bank's version, which has been forced to gain authority for many years, attract customers, and so on, such events can be critical. Thus, a banking license is issued for the life of a financial institution. The withdrawal of it actually means liquidation. Some legal entities and individuals provide about the same kinds of services, and many of them even have official permission for that. The rest act illegally.
Features of the general license
In essence, such a document is a continuationits usual variety. It has about the same requirements, but it provides an opportunity to act not only in the territory of the Russian Federation, but also outside it, opening offices, branches or even entire subsidiaries, if the Central Bank agrees. This is one of the main features that arise when a general license is issued. The term of this document is equal to the period of existence of the financial organization. Many banks receive just such a version of the authorization document, although not all use the opportunities that it provides. This is not an obligation, but only an opportunity that can not be used.
Not only financial companies or enterprises,who realize alcohol, need special documents permitting their activities. The same is required for companies involved in insurance. The difference in this case is that in this case a temporary license can be issued for a period not exceeding three years. In this case, as in any other cases, you can always specify another time interval, if it does not exceed the maximum allowed.
Such a permissive document differs, in fact,only this. Naturally, it is always possible to extend its validity on the same rules, but only on the condition that no violations of the law were recorded in the previous period. In addition, if they were, you must eliminate all errors before the expiration date of the document. Otherwise, the renewal may be refused.
Separately it should be noted that there is one morethe method of expiration of the license - the liquidation of a legal entity. That is, at the moment when the company ceases to exist, automatically loses its force and authorizing activity document. At the same time, if a reorganization occurs and the firm retains its activities, but under a slightly different name (or other features), then the license still operates. It is enough simply to amend the form in connection with new circumstances and information.
This type of authorization documents significantlydiffers from all other analogs. A single license works in the sphere of trade. It is issued in cases where it is necessary to carry out the operation of export or import of products.
The main feature is precisely the fact thatthe license is issued for each separate transaction. That is, it is impossible to formalize this document for a certain period within which it will be possible to trade with people in other countries. It will be necessary for each separate cargo to require a special permit, which becomes invalid once the transaction is completed.
True, it's good to see how long a one-timelicense - a whole year. It turns out that if a contract for one reason or another temporarily fell through, you can try to sell products for all 365 days. In many cases this feature can help to save profits, business reputation, customer and so on.
Licensing is very important, useful and usefulan element of state management capable of solving a huge number of problems by simply anticipating their offensive. Among other things, he forces various firms and companies to conduct their activities in a way that at least would not conflict with the law. This all benefits the common people.
And separately it is necessary to say that all thesethe positive sides have only one insignificant drawback - an obstacle to the start of work of a new legal entity. It arises only if there is no entire list of documents necessary for the occupation of the chosen activity.
Renewal of the license is also not seriousproblem provided that all the requirements of the law are met correctly and on time. And in many cases it is enough just once to obtain the authorization document, and it will act practically indefinitely (or until it is required to liquidate the legal entity).