What stamps are needed for IP? Can an entrepreneur work without them? Do I need to register IP stamp? Answering these questions is not so simple. From the point of view of the law, an individual entrepreneur can put a personal signature under the document, and in most cases this will be enough. However, there are nuances ...
Do I need to print IP?
Firstly, the law provides for several situations when the seal is required for an individual entrepreneur:
When hiring staff - you need to put a stamp in the employee’s work book. Otherwise, the employment record will be invalid.
When working with government orders - without printing, they simply will not accept an application for a tender.
When filling out the forms of strict reporting: receipts, invoices, permits, receipts.
Secondly, many contractors will simply refuse to work with IP. This is especially true for large players. This is understandable: after all, an IP can hide the presence of a seal and later declare a contract invalid, refusing to fulfill obligations. Therefore, the fact of the lack of printing will have to be documented - a certificate. It is compiled in free form by the entrepreneur himself.
Thirdly, some banks may refuse to open a current account, referring to internal instructions. At the very least, she will definitely not be able to work with the checkbook without printing.
Printing with IP - Pros
Advantages of printing to an entrepreneur:
the ability to work under government contracts;
status and additional guarantee for counterparties;
the ability to hire staff;
in certain situations, you can accept cash without a cash register.
Printing with IP - Cons
On the one hand, printing is still needed, although by law it is not always mandatory. However, you need to consider that it will take a waste of time and money to manufacture and repair. It is easy to lose if you constantly carry it with you. Nevertheless, it should always be “at hand”.
Also, do not forget that the seal can simply be stolen - what to do in such a situation, read below. There are many examples when grief-entrepreneurs even came under investigation as a result of the fact that third parties forged the signature and used their seal for their own selfish purposes. And material and reputational losses in such a situation are generally a separate matter.
What if the seal is lost or stolen?
It is important to act as quickly as possible. The order is as follows:
Contact the police. An application should be written here, so you need to have a passport, TIN and OGRNIP with you.
The police will issue a certificate that will serve as the basis for the manufacture of a new seal. In resolving disputes, the old will be declared invalid from the date specified in the application.
If before that, the IP registered the seal in the tax, you need to go there to exclude the old from the lists and register the new one. The majority, asking the lawyer whether it is necessary to register the IP seal, and having received an answer that is optional, neglect the registration. And then they regret it.
Why register IP stamp in tax?
This issue can be approached from 2 sides. In this context, it would be more correct to ask this: "Is it necessary to register the IP seal from the point of view of the law?" No, there is no such requirement. However, how else can an entrepreneur protect himself? Indeed, if a new seal is issued, it acts on a par with the old one. And the court does not care how they look - the main thing is that they comply with the mandatory requirements. It is enough for the fraudster to find a company that is not too honest or to make a seal on his own, indicating the IP details, and you can conclude a “deal”. Using certain elements, printing can be “protected” from falsification. But it makes sense only when the original is registered.
So is it necessary to register the stamp of IP in the tax? This is the choice of the entrepreneur himself. The procedure is not complicated - you just need to contact the appropriate authority, write a statement and provide prints. Then the question arises: where to register the IP seal? First of all, it is worth contacting the tax and police departments at the place of registration of the entrepreneur himself. In addition, the IP seal can be registered at the chamber of commerce.
By the way, in Belarus and Kazakhstan it is necessary to register the IP seal without fail - there this procedure is fixed by law.
What should the IP print look like?
There are a number of mandatory parameters that must be met by the seal of an individual entrepreneur. Since it is not fixed anywhere in the law that an IP must have a seal, there are no obligatory requirements for it either.
However, business traditions have established certain traditions of printing the individual entrepreneur. First of all, experts recommend IP to be guided by the standards for printing LLC. Organizations involved in the manufacture of seals and stamps, as a rule, adhere to a single recommended standard:
round shape with a diameter of 38-42 mm, but it can be triangular or rectangular;
the phrase "individual entrepreneur" must be indicated;
Also, the TIN and OGRNIP should be written on the seal;
as the address usually indicate the registration address (registration) of the entrepreneur himself (sometimes only the city).
Additionally, IP can print and other text or graphic information. For example, a logo or trademark. For example, the Alla beauty salon could print its name in beautiful print. It would look appropriate and stylish - much better than the “boring" IE Ivanova I. I.
However, not everyone has a good taste by nature. Design skills are completely owned by units. Therefore, it is recommended to entrust specialists with preparing the print layout of the IP.
Typically, the stamp and stamp company itself will offer only a few standard options. However, you can always turn to the designer for help if you are categorically not satisfied with typical solutions. Modern technology allows you to realize almost any fantasy.
Individual Entrepreneur Printing Sample
To protect the print from counterfeiting, use the following elements:
special (guilloche) nets - their thickness does not exceed one tenth of a millimeter (slightly thicker than a human hair), so it’s almost impossible to fake such a pattern without special equipment;
several colors - these prints look very impressive, you just have to take care in advance and purchase the appropriate ink (you can find this in not every stationery store);
special labels (control, chemical, UV) - for example, a print can have a “watermark” that can only be seen in ultraviolet light (using a special lamp);
engraving of drawings and photographs - for example, a company name, logo, trademark can be placed on print.
Features of printing IP with logo
There are a number of restrictions when placing IP printing of trademarks and logos. So, it is forbidden to use:
state emblem of the Russian Federation and other symbols;
other people's logos and trademarks - this will be considered a violation of copyright;
officially registered trademarks; for example, to name your company Coca Cola or Nike and use these words on the press, IP will not work.
Otherwise, lawmakers do not provide for any restrictions whatsoever - IP has the right to place any images, photographs, its logos and trademarks on print. For example, before downloading your favorite photo or logo from the Internet, you should make sure that other people's copyrights will not be violated. Otherwise, a lawsuit and at least a large monetary fine are possible in the future. Do not forget about the loss of time and reputation.
Where to order IP printing and what is needed for this?
Previously, only a few specialized organizations under the strict control of the state were engaged in the manufacture of seals. Today there are thousands of similar companies - stamp and stamp services are provided in almost any, not even the largest city.
IP can apply to any. Timing depends on the workload of the organization and the complexity of the print itself. The simplest option will be made within 1-3 hours. If an entrepreneur orders a print with several degrees of protection, you will have to wait 7-14 days.
However, one cannot just come and order printing. A number of documents will be required:
conclusions
Summarizing all of the above, we can draw the following conclusions:
The law does not provide that IP must have a seal. However, it is necessary to take into account a number of situations when you still cannot do without it.
First of all, printing allows an individual entrepreneur to confirm his status with partners. It is unlikely that a serious company will begin to contact a counterparty who cannot deliver a print as an additional guarantee. In addition, without printing, IP will face a number of other problems and limitations. Therefore, ordering printing is still worth it.
It is also not necessary to register a seal with state bodies. However, this is, in the first place, beneficial to the entrepreneur himself - so he will protect himself from the actions of fraudsters and easily prove that printing on a “fake” agreement is a fake. Otherwise, the court is unlikely to be on his side.
There are no mandatory requirements for the printing of an individual entrepreneur. Nevertheless, experts recommend adhering to a generally accepted standard: indicate mandatory details and maintain a certain size. IP has the right to use any symbols, signs, photos and images (except state symbols) for printing. Only first you need to make sure that they do not infringe anyone's copyright. For example, this is often the case with photos from the Internet.
As you can see, it's still worth ordering a print. It is also useful to register it with government agencies. It's like insurance - you buy it and hope that you will never need it. Perhaps the situation when an individual entrepreneur will have to prove his rights in court will never happen. But it’s better to prepare in advance. As the saying goes, if you want peace, get ready for war.