LawRegulatory Compliance

License validity and renewal. The license is issued for a period of ...

Previously, in accordance with the law, it was clear that the license is issued for up to 3 or 5 years. But after the last 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 That is, now the license will operate indefinitely or until it is withdrawn because of violations.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 right of a person 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?

According to the official interpretation, regardless of 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 it that allows to protect the environment, places of culture and recreation, the security of the country and so on.

For example, if there was no such procedure, any person would have the opportunity to engage in the sale of 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 the 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 possibility of extending or reissuing the 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 eliminated as soon as possible. Otherwise, you can meet a refusal to request an extension of the authorization document.

Features of different fields of activity

The fact that the license is issued for a certain period of time, the activity of the enterprise affects 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 scope of the company's activities 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 variant, 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.

Requirements

Regardless of how long a license is issued, the fact of its issuance 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 produce certain 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 required.

There are many other possible conditions that will lead to 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. Very few people use it when they do, because it is not always clear at what point in time that may be required.

Payment Features

Legislation is strictly prohibited from requiring any money from the applicant 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 is obliged to 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, often found in many states. Only in rare cases, the state fee is not collected, but this is more an exception than the 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 time frame for the operation of such a document is of interest to most of the entrepreneurs. Based on what is written above, we can conclude that the license is issued for a period to be specified by the applicant himself. 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 it may need. Only after a comprehensive 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 alcoholic beverages

Unlike most other activities, the sale of vodka, beer and other similar products implies the issuance of a temporary license only. The term of 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 time as possible, 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 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 processing documents for the right to engage in activities with a financial institution is somewhat different from the sale of alcohol. When issuing a permission to engage in banking activities, 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 and physical persons provide approximately the same types 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 continuation of its usual variety. It has approximately 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 exactly this 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.

Temporary license

Not only financial companies or companies selling alcohol need special documents that authorize 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 the term of its operation 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, then 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 another way to end the term of the license - the liquidation of a legal entity. That is, at the moment when the company ceases to exist, automatically lose its force and authorizing activity document. At the same time, if the reorganization takes place 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.

One-time license

This type of authorization documents differs significantly from all other analogs. A single license works in the sphere of trade. It is issued in those cases when it is necessary to carry out the operation of export or import of products.

The main feature is that the 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 pleases the length of time a one-time license is issued - 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.

Results

Licensing is a very important, necessary and useful element of state management, capable of solving a huge number of problems by simply anticipating their offensive. Among other things, it forces various companies 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 these positive sides have only one insignificant drawback - an obstacle for the beginning of work of the new legal entity. It occurs only in the event that there is no entire list of documents necessary for the occupation of the chosen activity.

Renewal of the license is also not a serious problem, provided that all the legal requirements are met correctly and on time. And in many cases it is enough just once to obtain an authorization document, and it will act practically indefinitely (or until it is required to liquidate a legal entity).

Similar articles

 

 

 

 

Trending Now

 

 

 

 

Newest

Copyright © 2018 en.unansea.com. Theme powered by WordPress.