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Individual Entrepreneurship closure in Belarus
- Checking the coordination plan
- Dismissal of employees
- Application submission
- We notify the authorities about the closure
- We publish information about the liquidation
- Taking inventory
- Notification of creditors
- Checking IMNS, FSZN, Belgosstrakh
- Settlement with creditors and debtors
- Archiving of documents
- Submission of documents to the registration authority
- Exclusion from the Unified State Register
So, for one reason or another, you have decided to stop operating as an individual entrepreneur. To do this, you need to comply with the procedure established by law for the liquidation of an individual entrepreneur. Unfortunately, it will not be possible to close the sole proprietor in one day. In practice, the entire procedure for termination of the individual entrepreneurship activity takes from 3 months.
Let's consider the "ideal" algorithm for the termination of the sole proprietor's activity by the decision of the entrepreneur himself (when the sole proprietor does not have difficulties paying off debts to creditors and does not need to initiate an economic insolvency procedure).
1. Checking the coordination plan on the KGC website (are you included in the plan?)
There will be no inspections under the coordination plan until 2019.
Before submitting the necessary documents to the registration authority, check whether you are included in the coordination plan of control activities.
The coordination plan is a list of organizations in respect of which the authorized state bodies will conduct an audit within the specified time frame.
You can get acquainted with the coordination plan for the next six months on the website of the State Control Committee of the Republic of Belarus. The document in question (for Minsk and the regions) is publicly available on the Internet and is available at the link: http://www.kgk.gov.by/ru/coordination-plans-ru/.
If you are there, then you will have to wait for the scheduled inspection to be carried out and completed, because you cannot stop your activities before such an inspection is completed due to the direct prohibition of legislation.
If you are not in the plan, go ahead with the algorithm.
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2. Dismissal of employees
We dismiss individuals engaged under labor and civil law contracts in accordance with the requirements of the legislation.
If the sole proprietor did not attract anyone from the employees, we skip this step. For more information about dismissal in liquidation, you can read here, as well as find the necessary documents.
3. Submission of an application for termination of activity to the registration authority
There are 2 possible options here:
- The sole proprietor personally submits application to the registration authority;
- instead of the sole proprietor, this is done by an authorized person on the basis of a power of attorney issued by the sole proprietor to this person.
In any case, the application is submitted by personal appeal.
The application contains the following information:
- on the procedure and terms of termination of the sole proprietor's activity;
- on the involvement of individual entrepreneurs under employment contracts (contracts) and civil law contracts.
The term of termination of activity in the application may not be less than 3 months and should not exceed 9 months.
The submitted application must be signed by the sole proprietor himself.
4. Notification of other authorities about the closure of the individual entrepreneurship
What next does the registering authority do with the application for the termination of the activity of the sole proprietor?
The registering authority no later than the next business day submits to the Ministry of Justice information that you are terminating the activities of the sole proprietor.
The Ministry of Justice, in turn, promptly includes such information in the Unified State Register of Legal Entities and Individual Entrepreneurs (you can check on the website http://egr.gov.by/egrn/index.jsp?content=Find, in the "Status" column, the entry "Is in the liquidation state" is entered).
Moreover, the Ministry of Justice sends a notification to all interested bodies about the beginning of the individual entrepreneurship liquidation procedure:
- MNC;
- customs;
- FSZN;
- Belgosstrakh;
- territorial archives of local executive committees.
5. Publication of liquidation information on the website http://justbel.info/
All the necessary information can be found on the website https://justbel.info/claim/liquidation .
The procedure here is as follows:
- we pay for the placement of the ad.
The cost of the ad is 9 bel. rubles (with VAT 20% inclusive).
This can be done at any bank or post office.
Payment details below:
Institution "Editorial Office of the journal "Justice of Belarus", UNP 101473130
220004, Minsk, Kalvariyskaya str., 1/1, room 703
P/s 3015000000873 in JSC "ASB Belarusbank",
code 153001795
220089, Minsk, Dzerzhinsky Ave., 18.
- fill out an application for the publication of information about the liquidation of the sole proprietor:
There are 3 possible ways to send an application:
- fill out the application online: https://justbel.info/claim/liquidation/own/fillFormEnterprOwn (do not forget to specify the number of the payment order (cash receipt, receipt);
- fill out an application in doc format and send it along with a copy of the receipt using one of the specified communication methods:
- fax: + 375 17 306-53-69, +375 17 200-02-46;
- e-mail: justbel@tut.by;
- postal address: 1/1 Kalvariyskaya str., room 703, Minsk, 220004.
- come to the office in person and fill out the application form on the spot.
Address: Minsk, Kalvariyskaya str., 1/1, room 703.
- We check for the publication of information about the liquidation of the sole proprietor on the site https://justbel.info/claim/search
The information will already be on the magazine's website no later than 18-00 the next working day.
The information about the liquidation posted on the journal's website will later be published in the next issue of the appendix to the legal scientific and practical journal "Justice of Belarus".
Is it possible not to publish information on the site?
The publication of information about the liquidation of an individual entrepreneur on the website is mandatory, because the information about the liquidation posted on the journal's website will be a confirmation of the fact of their publication when the registering authority makes a decision to make an entry in the Unified State Register on the exclusion of an individual entrepreneur from it.
6. Taking inventory
We carry out an inventory of all the property of the sole proprietor and the obligations of the sole proprietor. According to the results of the inventory, an act is drawn up.
7. Notification of creditors
We send a notice to creditors on the termination of the individual entrepreneur's activities, in which we indicate the date of publication of information on the termination of the individual entrepreneur's activities and the deadline for filing creditors' claims (2 months, as much as possible).
Notification of creditors is necessary in order for them to present creditors' claims to the sole proprietor if there is a debt owed to them.
8. Checking IMNS, FSZN, Belgosstrakh
We have already mentioned in Step 3* that the Ministry of Justice sends a notification to all interested bodies about the termination of your activity as an individual entrepreneur.
Within 30 working days from the date of receipt of such notification, the interested authorities send certificates of absence of debt to the registration authority:
tax authorities - a certificate of the presence (absence) of debt to the budget;
FSZN - a certificate of the presence (absence) of debt to this Fund;
customs authorities - a certificate of the presence (absence) of debt to the budget and information on the presence (absence) of obligations not terminated to the customs authorities;
Belgosstrakh - a certificate of the presence (absence) of arrears on compulsory insurance against industrial accidents and occupational diseases.
9. Settlement with creditors, collection of accounts receivable
Creditors, having received a notification from the sole proprietor about the termination of activities, send the claims of the creditors to the sole proprietor.
Based on the creditors' claims submitted to the sole proprietor, register of creditors' claims is compiled.
After that, the sole proprietor repays the existing debt to its creditors, and also collects accounts receivable from its debtors.
10. Submission of documents to the archive
Reception and storage of documents are carried out by territorial (city or district) archives of local executive committees. It is there that we must transfer all the necessary documents, including personnel documents confirming the length of service and remuneration of employees.
On the example of Minsk: documents are transferred to the State Institution "Minsk City Archive" (Minsk, Beruta str., 20, tel. 256-16-67, 256-16-68).
Sole proprietors archive the following documents:
- a copy of the registration certificate;
- staffing tables and changes to them;
- orders of sole proprietors on personnel (on the admission and dismissal of employees), in the absence – employment contracts;
- settlement and payment statements or personal account cards.
The rules of registration and transfer of documents must be clarified at the archival institution where the documents will be submitted.
To prepare documents for submission to the archive on a contractual basis, it is possible to involve archive staff.
11. Submission of documents to the registration authority for exclusion from the Unified State Register
The final package of necessary documents to the registration authority looks like this:
- seals (if the sole proprietor of the seal did not produce - a statement about their non-preparation; if the seals are lost - information about the publication of announcements about their loss);
- the original of the certificate of state registration of an individual entrepreneur (if the original is lost or lost - a statement about its loss with the attachment of information about the publication of the loss announcement);
- notification of completion of the individual entrepreneurship termination process (specify information about the completion of settlements with creditors and the absence of accounts payable).
- the relevant archive provides information on the deposit of documents, including personnel, confirming the length of service and remuneration of employees of the business entity.
12. Exclusion from the Unified State Register
The sole proprietor has no debt. All documents are provided. With the corresponding archive provides information about the deposit of documents.
And now the registering authority has nothing left but:
- make a decision on making an entry in the Unified State Register on the exclusion of sole proprietors;
- submit information to the Ministry of Justice for inclusion in the Unified State Register;
- report the liquidation of the sole proprietor to the tax authorities, the bodies of the Federal Tax Service, state statistics, Belgosstrakh within three working days from the date of making an entry in the Unified State Register.
The last two actions are performed by the registering authority within 3 working days after the first action.
The Ministry of Justice enters into the Unified State Register information about the exclusion of sole proprietors from it. The date of exclusion from the Unified State Register will be the date of the relevant decision by the registering authority. Accordingly, the sole proprietor is considered to have completely and properly ceased operations from this date.
To check the information about the exclusion from the Unified State Register, follow the link http://egr.gov.by/egrn/index.jsp?content=Find (in the "Status" column there will be an entry "excluded from the Unified State Register", in the "Exclusion date" column the date of termination of the sole proprietor's activity will be indicated).
Have you seen the cherished entry "excluded from the Unified State Register"?
Congratulations! YOU have successfully closed the individual entrepreneurship!
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