Is an individual entrepreneur required to have a seal?
An individual entrepreneur has never had a direct obligation to have a seal. However, some legal acts defined situations when this attribute was necessary:
- Dismissal of an employee. Decree of the Government of the Russian Federation dated April 16, 2003 N 225 determines that an entry in the employment record of dismissal must be certified by a seal. The law does not contain exceptions for individual entrepreneurs. At the same time, you can hire someone even if you don’t have a seal, but when you fire someone, difficulties may arise.
- When using strict reporting forms. However, soon this document will finally become invalid, but in practice it continues to be used.
- When using cash receipt orders. This is indicated by the Directive of the Bank of Russia dated March 11, 2014 N 3210-U.
In fact, it turns out that the individual entrepreneur does not have such an obligation directly. But printing is required in certain situations. If an entrepreneur works alone, does not hire employees and pays without using BSO (strict reporting forms), then the lack of a seal will not affect the activity in any way.
In practice, many entrepreneurs prefer to issue a seal even in cases where they can do without it. This eliminates additional difficulties and the need to explain your position to counterparties. In addition, a simple seal is inexpensive (sometimes it can be produced for about 1000 rubles), which is affordable for most individual entrepreneurs who actually conduct business.
Ivan Klimov
In accordance with the law, individual entrepreneurs can conduct their activities without using a seal. However, in modern conditions, it is still better for individual entrepreneurs to use this attribute in transactions or other operations. The presence of such an accessory gives more business weight, which means that the entrepreneur’s activities inspire greater confidence among clients or counterparties. Therefore, a seal is needed, even if its use is not required by law. Another point that you should decide on when ordering a print is the type of equipment. If prints are made daily in large quantities, then automatic equipment would be the best option. For those individual entrepreneurs who work with documents outside the office, the pocket type is optimal - it is compact and easy to use. If paperwork is carried out in the office, and few impressions are made, then manual equipment is also perfect.
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Why does an individual entrepreneur need a seal?
A seal is one of the ways to identify an entrepreneur. It allows you to obtain additional guarantees that the document was signed by the specified entrepreneur. However, the presence of a seal is not one hundred percent proof.
Thus, the Resolution of the Eighth Arbitration Court of Appeal dated October 29, 2015 N 08AP-5755/2015 established that a seal cannot be considered a guaranteed method of identifying a citizen within the framework of business activities.
The bottom line is that making a seal is not particularly difficult. Yes, it is possible to prove a fake later, but this significantly complicates the process. Therefore, the presence of just one imprint on the contract does not indicate uncompromising ownership of a certain person.
Printing is just one additional means of identification. It is used in conjunction with others (signature, details, etc.).
Do you need a seal for an individual entrepreneur in 2021 or can you work without a seal?
Once upon a time it was possible to make a seal only in a few specialized offices, but today the choice of companies is very wide, and, unfortunately, not all work conscientiously. If the manufacturer does not ask for the entire package of documents, fraudsters can take advantage of this. No one is immune from various surprises and emergency circumstances. An entrepreneur, or his authorized representative, may lose his seal or become a victim of a thief. There is practically no difference, because the essence of the problem is that the seal is in an unknown place with unknown persons.
How to work without printing
Obviously, a seal is not required by an individual entrepreneur except in cases where this is directly established by current legal regulations. If an entrepreneur decides that he can do without it, he should take into account several features:
- At the end of any document a simple signature is placed. Next, “BP” is entered, which means that the individual entrepreneur operates without using a seal;
- some counterparties will oppose cooperation, pointing out the person’s obligation to have a seal. You can try to provide them with links to legal acts that confirm your position, but if such situations occur frequently, it is better to make a seal;
- the seal significantly simplifies work and communication with contractors, so it is better to issue it (if possible). If an individual entrepreneur works only with individuals, for example, provides household services, then there is no such need.
It is believed that when electronic document management becomes more closely integrated into everyday life, printing will no longer be necessary. At the moment, sometimes it is still required.
How to independently check the reliability of a counterparty, read this article >>
Can an individual entrepreneur work without a seal?
The legislation of the Russian Federation does not require all individual entrepreneurs to have a seal. If an entrepreneur believes that a personal imprint is not useful in his work, he has every right to do without it. To certify an individual entrepreneur's documents, only a personal signature is sufficient.
An individual entrepreneur without a stamp should be prepared for the fact that counterparties will demand a letter about the absence of a stamp. And they can be understood, because if an individual entrepreneur hides the fact that he has a seal and only puts a signature under the agreement, the document can be considered invalid.
This type of scheme has been used by scammers more than once. A letter indicating the absence of a seal in such a situation provides additional insurance.
It is written in free form and must be supported by the details of the individual entrepreneur:
- FULL NAME.;
- TIN;
- OGRNIP;
- Signature.
The larger the counterparty, the more insistent its requirements for the presence of a seal. In any case, it is possible to make a seal even in a few hours, so an individual entrepreneur can safely start his activities without a seal and order one if necessary.
What kind of seal to make for an individual entrepreneur
Stamp production services are provided by many organizations. Such companies know what an attribute should look like and what information is put on it. But it’s better to play it safe and check everything yourself.
The legislator has not established any single standard, but there is GOST R 51511–2001, which is used in practice.
In fact, business customs are used in the manufacture of seals. Round prints are made, along the edge of which the main details are indicated (TIN, OGRN). Round or triangular seals are used only on the inside.
In the center of the seal is the full name of the individual who has the status of individual entrepreneur. Additionally, the place of registration is placed, as well as the logo, if available.
To protect yourself, you can order printing using additional security methods. These include:
- the use of guilloche grids, with a line thickness of about 0.1 mm (this is a special pattern that is noticeable upon closer examination, it looks like a unique background);
- a unique font that will allow you to distinguish the text of a particular seal from others used by other entrepreneurs;
- the use of different colors and a specific color combination, which will also allow the seal to be identified;
- a special mark applied using a chemical compound. Can be read using ultraviolet light;
- the use of a specific relief, uniquely designed;
- engraving of certain images, for example, a code or company symbol;
- application of a barcode, which can be used to obtain additional information;
- artificial creation of a defect that may not be immediately noticeable, but is distinguishable in comparison with other seals.
All this will allow you to further protect yourself from counterfeiting. But it will also increase the cost of printing.
Read: How to close a bank account for an individual entrepreneur
IP without seal
FEDERAL LAW dated May 22, 2003 N 54-FZ ON THE APPLICATION OF CASH CONTROL EQUIPMENT WHEN MAKING CASH PAYMENTS AND (OR) PAYMENTS USING PAYMENT CARDS (as amended by Federal Laws dated June 3, 2009 N 121-FZ (rev. 1) 07/07/2009 ), dated July 17, 2009 N 162-ФЗ, dated July 27, 2010 N 192-ФЗ) and further https://mvf.klerk.ru/zakon/54fz_010910.htm By law, an individual entrepreneur is not required to have a seal. Legal entities are required to have a seal. That is, if you do not have a seal, this will not be a violation of the law. No one will hold you accountable for not having a seal. And you can legally sign various business documents without a seal. But at the same time, having this seal will save you from some inconveniences. For example, if you go to a bank to open a current account, it is unlikely that they will open it for you without this stamp. Moreover, the bank will tell you that they say that we know that an individual entrepreneur is not required to have a seal, but it’s just more convenient for us. Otherwise, you will have to call each other all the time and clarify whether you are working without a seal or simply forgot to put it on. About the same thing will happen with other business papers. In general, it’s better to make a stamp - it costs very little. Moreover, the seal of the individual entrepreneur then does not need to be registered anywhere, in any Ministry of Justice. Note: After producing the seal, the individual entrepreneur is obliged to use it in all other external business documents.
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Should an individual entrepreneur have a seal?
If an individual entrepreneur works for UTII, then the law provides for the mandatory use of a seal when the entrepreneur does not use cash register equipment. The whole point here is that the entrepreneur has the right not to use CCP. But if he provides services to the population, he is obliged to issue a strict reporting form (SRF). However, there are exceptions. An entrepreneur must have a seal if he provides services to the public and makes payments in cash or cards without using a cash register. Let's look at these requirements in more detail.
Is it necessary to register an individual entrepreneur’s seal with the tax office and how to do it?
If the entrepreneur’s seal is not registered with the tax authority, and the document used, signed on his behalf, is fake, then the individual carrying out business activities will have to spend a lot of time and nerves to prove his non-involvement in court, the police, and other authorities . It is known that the activities of a legal entity cannot proceed without the preparation of various types of documents, which are certified not only by the signature of the head, but also. Most individual entrepreneurs think about the need to purchase a seal. But not everyone knows where to order it and is subject to registration.
22 Dec 2021 marketur 360
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How does the registration of an individual entrepreneur’s seal take place (and is it necessary)
At the regional level, local authorities independently resolve such issues. For example, all seals are registered with the Moscow Registration Chamber, where registration is still voluntary. Registration of an individual entrepreneur's seal proceeds as follows. The data of the seal, the dates of production and destruction are entered into the current registration journal, its imprint is affixed and the original signature of the businessman is made. And previously, until 2021, it was generally required to bring a print sketch for approval.
You can make a print in any quantity. It should have a round shape. You can purchase it at all office supply stores or at a specialized company. Costs approximately 500-700 rubles. But here you will need to fill in the information yourself. A ready-made print with the data you provided can be purchased for an amount from 850 to 1,500 rubles.
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