How is legal services provided without registering as a sole proprietor? Providing legal services to legal entities

Tax legislation was changed in 1998. After the amendments are made, persons can provide services without having the status of an individual entrepreneur. But certain types of agreements must be concluded.

Each contract concluded with the second party has some features. To ensure that the person providing the services is not punished by the inspection authorities, it is necessary to know all the possible nuances.

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Conflict situations arise if a person systematically provides certain services. After all, according to the law, such an opportunity is available for no more than 90 days in a row. If violations are detected, the person may be held accountable.

If a person has legal knowledge, he can help other people resolve legal disputes and issues. But is rendering legal services Without registration, an individual entrepreneur is legal, not everyone knows.

Central provisions

Providing legal services without registering an individual entrepreneur is both permitted and prohibited at the same time. If a person wants to do this professionally, but does not want to receive the status of an entrepreneur, then this falls under the definition illegal business. And this is despite the fact that the person can pay personal income tax.

For such a violation, liability can be both administrative and criminal. At the same time, clients may not agree to work with a person who does not legally confirm his professional status.

On the other hand, in order to help people with regard to the legal component, it is not necessary to open an individual entrepreneur.

You can work in accordance with some rules:

In all other cases, human activity will be considered illegal. To determine how to act correctly for a person wishing to provide legal services without an individual entrepreneur, it is necessary to familiarize yourself with the options for concluding contracts.

In order not to be punished for your own activities, it is important to familiarize yourself with the options for cooperation with other persons without individual entrepreneur status

Legal status and laws

The Civil Code of the Russian Federation states that a contract is concluded in the form of an agreement between two or more persons. It specifies the beginning, end or transformation of relationships of a legal or property nature. According to the document concluded between two persons, the parties have certain obligations.

For example, an individual is going to mow the grass or make wooden products for a customer - a legal entity.

In this case, the agreement must contain:

• customer data;
• information about the performer;
• the essence of the agreement;
• the period within which the work must be completed;
• control over execution;
• cost of services;
• procedure and deadline for payment of work by the customer;
• rights and obligations of individuals and legal entities;
• rules for resolving disputes;
• duration of the agreement;
• information about a possible extension.

The Civil Code of the Russian Federation notes the need to fill out a standard form of an agreement, which is concluded between a legal entity and an individual without individual entrepreneur status. However, the form itself is not fixed. Therefore, the parties can change the clauses, adding those necessary to resolve the relationship.

In some cases, an individual does not fulfill his obligations. Then the conflict is resolved pre-trial and in court. If there is a trial, the court will focus on the execution of the contract.

Some contractors draw up a document that is obviously unprofitable for the customer. Therefore, lawyers note the need to clearly define the obligations of each party. Then the deal will be mutually beneficial for both parties to the agreement.

The Tax Code provides a list of types of activities that do not require registration of a person in the Unified State Register of Individual Entrepreneurs.

Without such status a person can:

• herd livestock;
• crush grain;
• engage in the cultivation of agricultural products;
• advise schoolchildren and students on the appropriate training program as part of tutoring;
• clean the premises;
• provide musical accompaniment for events;
• sell kittens, puppies;
• look after trained animals;
• care for other persons (minors, adults);
• raise pets;
• handle the secretariat;
• repair clothes;
• measure weight and height using automatic devices.

But before the provision of such services, the contractor must visit the tax authorities. If you do not have an account number, you must submit an application for one. After this, a certain amount must be paid, which constitutes the tax. The amount of payments differs depending on the subject of the Russian Federation.

The person will be told by the tax inspector that services are prohibited from being provided to people who do not have individual entrepreneur status. A person must notify an employee of his or her intentions to engage in a particular activity. The inspector will tell you about the person’s capabilities, rights and responsibilities in accordance with the law.

Is registration necessary?

Many people do not know whether registration of an individual entrepreneur is required for a person wishing to provide legal services. To answer this question, there are important terms to consider.

The Civil Code of the Russian Federation (Article 2) describes the essence of entrepreneurial activity. It consists of making a profit by leasing property, manufacturing and marketing products, preparing work or providing services by persons registered by law and included in the Unified State Register of Individual Entrepreneurs.

The Code of Administrative Offenses of the Russian Federation (Article 14.1) describes the concept of illegal entrepreneurship. It consists of carrying out business activities without the appropriate permit (registration of individual entrepreneurs and legal entities). Violation of this law is subject to a sanction in the form of a fine, the amount of which ranges from 500 to 2,000 rubles.

Also, illegal business activities can be a criminal offense. In this case, the person must not only illegally provide services or perform work, but also cause damage large sizes people, institutions or country.

Then the punishment is:

• fine;
• compulsory work;
• arrest.

If a private lawyer who does not have the status of an individual entrepreneur helps to enter into contracts on a fee basis for individuals for the provision of legal services, then it is impossible to clearly answer the question of whether there is a violation of the law. Therefore, it is necessary to study the explanations of the tax authorities.

They note that pro bono transactions should not constitute a full-fledged activity. In this case, the provision of services will not be considered entrepreneurship.

A person may be suspected of committing illegal actions related to the provision of legal services without the status of an individual entrepreneur if:

• acquisition of property in order to obtain benefits for its sale or use;
• keeping records of profits received as a result of work;
• consistency and relatedness of recent transactions;
• established relationships with other persons involved in cooperation with the lawyer.

If a person notes the presence of at least one of the points given above, then it is worth thinking about legally establishing the status of an individual entrepreneur. In this case, the provision of services will be legal.

Also, the person must be aware of the nature of his activity. If legal services bring a constant income, then it is worth submitting an application to enter information about the individual entrepreneur into the Unified State Register of Individual Entrepreneurs. In case of one-time and inconsistent income from this type of activity, there is no need for registration.

Required agreement for the provision of legal services without registering an individual entrepreneur

Russian legislation does not provide a clear definition of the concept of “legal services”. This is due to the fact that this type of activity can be so different that it is impossible to collect and classify all available services.

A person who wants to provide legal assistance should familiarize himself with the possible legally provided options for contracts drawn up between citizens:

• The Civil Code of the Russian Federation (Article 971) stipulates the possibility of concluding an agency agreement. When it is signed, one party is given the opportunity to carry out legal acts for the other party.
• When signing a commission agreement (Article 990 of the Civil Code of the Russian Federation), a party can make transactions for another party to the agreement.
• Drawing up an agency agreement (Article 1005 of the Civil Code of the Russian Federation) provides for the obligation of a party to perform actions, including those of a legal nature, for the other party, but with the consent to use its name and pay for services.
• When signing a contract for the provision of paid services (Article 779 of the Civil Code of the Russian Federation), the contractor performs a service for the customer and receives payment for it.
• If a contract is concluded (Article 702 of the Civil Code of the Russian Federation), the contractor performs certain work required by the customer. The latter pays it according to the agreement.

The concept of “provision of legal services” is not prescribed by law. Therefore, these words can be understood as concluding contracts, drawing up claims, holding consultations, attending court hearings - any actions that are commonly considered legal services.

An individual who wants to provide advice on legal issues and engage in this type of activity without the status of an individual entrepreneur should focus on only two forms of agreement. These include the provision of services on a reimbursable basis and an assignment agreement. Other types of agreements, although they have the right to exist, can be challenged in court. Then the person will be held accountable for illegal activities.

Every person who wants to provide legal services must weigh the pros and cons before starting their activities, because it is possible to stop such actions and bring a person to justice within the framework of administrative and criminal legislation

Liability Risk

When conducting business activities without registering a person and entering him into the Unified State Register of Individual Entrepreneurs, sanctions may be applied.

According to the Code of Administrative Offenses (Article 14.1), an administrative fine may be collected from a person. Its size varies within from 500 to 2,000 rubles.

In some cases there is no liability.

This is noted in case of unsystematic profit making, characterized by:

• quantity of goods;
• assortment;
• volume of work performed, etc.

Sometimes there may be evidence indicating systematic profit making.

These include:

• certificates of persons who are customers;
• availability of receipts for receiving money;
• bank statements;
• acts of transfer of goods, performance of work.

Illegal business activity may also be a criminal offense. Sanctions are provided for when major damage is caused to individuals, organizations, or the state. There may also be a large income received by a person conducting illegal business activities. This rule is prescribed in Art. 171 of the Criminal Code Russian Federation.

• a fine of up to 300,000 rubles or salaries within 2 years;
• compulsory work (up to 480 hours);
• arrest (up to six months).

It is worth remembering that when acquiring property, as well as receiving it as an inheritance or gift, liability for its use does not arise under Art. 171 of the Criminal Code of the Russian Federation. The person’s act in this case involves a violation of Art. 198 of the Criminal Code of the Russian Federation. It stipulates liability for non-payment of taxes in the presence of income from real estate rental transactions.

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

Legal services are primarily provided legal entities and individual entrepreneurs in Moscow and the immediate Moscow region. The provision of legal services is also possible in other regions of the Russian Federation.

Legal services to enterprises are provided by lawyers with extensive practical experience in various branches of law, such as: civil law, business (economic) law, civil procedure, arbitration process, labor law and others.

Thanks to the extensive and varied experience of our company’s lawyers, constant monitoring of legislation and the practice of its application, periodic training of specialists, we ensure the provision of high-quality legal assistance to legal entities.

The provision of legal services to enterprises is carried out with strict adherence to confidentiality regarding client information and documents, individually and at affordable prices.

Legal services to legal entities - ways of providing:

• remotely - the exchange of documents and information with the client is carried out mainly via e-mail or with a courier, legal consultations are carried out by telephone;
• in the office of your organization - the lawyer is in your office for the required and predetermined number of days and hours;
• as well as various combinations of the above options.

The provision of legal services is carried out for a one-time request (for example: if it is necessary to make a claim and/or go to court to protect violated rights, etc.) and when legal services are needed by organizations on an ongoing basis (for example: subscription legal services).

We provide the following legal services:

Consulting legal entities and entrepreneurs on issues of various types and complexity related to doing business. Consultations are conducted orally and in writing.

Legal assistance for pre-trial settlement of various civil and economic conflict situations. In cases in which pre-trial dispute resolution is mandatory, a list of activities that our lawyers can carry out to resolve the conflict without going to court are described on the pre-trial dispute resolution page.

Qualified legal assistance to organizations and citizens in writing (drafting) and filing claims. Basic information that will help you correctly draw up, file and send claims independently to both legal entities and individuals is set out on the page drawing up and filing a claim.

Legal assistance to organizations and citizens in writing (drafting) and processing a legally sound response to a claim. Deadline for responding to a claim General requirements to the response to the claim when drawing up and sending it are independently described on the page Response to the claim, preparation and execution.

Enforcement proceedings carried out by bailiffs, the main features of its initiation. Legal assistance, as well as a list of activities that our lawyers can carry out in the process of compulsory execution of judicial acts, are described on the enforcement proceedings page.

Legal services under contracts. They are provided by our company when concluding, amending and terminating civil contracts. Legal examination of contracts for compliance with the interests of the client, as well as current legislation. Assistance in agreeing on the terms of contracts with the client’s counterparties.

Assistance from our lawyer to individuals and legal entities in preparing, conducting business negotiations requiring a personal meeting between the participants, by telephone or in writing (for example: by exchanging letters via e-mail).

The cost of legal services and the procedure for determining it:

The website of the Legal Company "YUSTENA" indicates the approximate cost of legal services. The price of legal services depends on the volume, types and complexity of the services provided, the period of provision and other significant features.

Introduction

2. Legal status legal services market participants

2.1Lawyers and legal entities

2.2Law firms and other specialized legal organizations

2.3Individually practicing lawyers

2.4Notaries

3. Legal service in commercial organizations

3.1 Legal service as structural subdivision commercial organization

3.2 Functional responsibilities legal adviser of the organization

4. Agreements for legal services and provision of legal services

4.1 Qualification of contracts for the provision of legal services

4.2. Types of contracts concluded by lawyers with clients

4.4 Payment for legal services

4.5 Responsibility of the parties under the contract for the provision of legal services for a fee

Conclusion

Bibliography

Introduction

On this moment, legal assistance is a promising, fast-growing area in law enforcement. In addition, the right to legal assistance is an important constitutional principle enshrined in the Constitution of the Russian Federation. Article 48 of the Constitution of the Russian Federation states: “everyone is guaranteed the right to receive qualified legal assistance; in cases provided for by law, legal assistance is provided free of charge” (Article 48, paragraph 1).

However, it should be noted that to date this area has not been well studied. The reason for this is that until recently the main forms of organizing legal assistance were the bar, the notary and legal (or legal advisory) services, which were created in enterprises, organizations and public associations to provide assistance to these enterprises, organizations or associations, respectively. Now a field has been created for new forms of legal activity, these are the notorious “other forms of providing legal assistance.” This is what textbooks call all other forms of providing legal services that do not relate to the legal profession and notary office. Unfortunately, more precise definition these forms cannot be given, since they represent a great variety various forms provision of legal services, and their list is open. This creates confusion in the understanding of legal assistance.

This work is a modest attempt to systematize the forms of legal assistance, to understand their meaning and functions and to bring at least some clarity to the concept of legal assistance and its significance in modern society. This is a very pressing problem, from my point of view, since, despite the novelty of many principles and forms of legal assistance, it (legal assistance) has taken root well in our country and now in any city you can find some form: a notary office , or the bar, or private legal advisory firms, or even private detective agencies and detectives who also provide legal services.

The need for legal assistance arises constantly and everywhere. There is practically no area of ​​life or human activity in which every person, not just a lawyer, needs to know and be able to apply certain legal norms. Whether we are talking about work or study, purchasing or selling goods, receiving services, the need to contact government or other bodies, participation in the activities of public organizations, elections to parliament, and so on - qualified assistance from a lawyer may be required everywhere. This is why legal assistance exists, which provides the population with assistance in understanding, comprehending the legislation and helping to use it for the benefit of the person who needs this help.

1. Concepts of legal services and activities for their provision

Legal services are services to assist individuals on legal issues. The provision of legal services is one of the types of legal practice that is objectively necessary in any society with a state structure.

Legal activity is on a par with other types of service activities, such as auditing, consulting, marketing, information, monitoring, appraisal and real estate activities. All these types of activities satisfy public demand for certain types of services accompanying the main - production - types economic activity.

Legal activity is: state, non-state or private (commercial) activity of professional lawyers to provide qualified assistance to individuals and legal entities in understanding correct use and compliance with legislation, consultation on legal issues and legal issues, which is aimed at protecting and promoting the implementation of the rights and legitimate interests of citizens.

The need for strict government control over private legal practice is controversial. State control can be exercised different ways, primarily through licensing and accreditation. Among lawyers, both scientists and practitioners, there are both supporters and opponents of licensing legal activities. Currently, to engage in legal practice, including the provision of paid legal services, a license is not required, since the current Federal Law of August 8, 2001 No. 128-FZ “On licensing of certain types of activities” does not prohibit the provision of paid legal services included in the list of activities subject to licensing.

The main professional participants in the legal services market are: lawyers and legal entities; law firms and other organizations specializing in the provision of legal services; individually practicing lawyers. Activities to provide legal services are also carried out by organizations that are not law firms, but in accordance with their statutory goals and objectives, provide legal assistance to their participants and other persons. Close to the activity of providing legal services is the activity of notaries, which facilitates the proper registration of transactions and other acts. Many commercial organizations have a full-time legal service, thanks to which the organization’s needs for legal services are met.

There is no single general law in which the rules governing relations in the provision of legal services would be collected in the Russian legislative system. In the resolution of the Constitutional Court of the Russian Federation dated January 23, 2007 No. 1-P “In the case of verifying the constitutionality of the provisions of paragraph 1 of Article 779 and paragraph 1 of Article 7XI of the Civil Code of the Russian Federation in connection with complaints from society limited liability"Corporate Security Agency" and citizen V.V. Makeev" notes that " public relations regarding the provision of legal assistance as a separate subject legal regulation are not highlighted in the current legislation - they are regulated by a number of normative legal acts, the system of which includes the norms of the Civil Code of the Russian Federation, in particular its Chapter 39 concerning obligations under a contract for the provision of paid services" (clause 3) In principle, one could raise the question about acceptance general law about the basics government regulation activities for the provision of legal services, similar in their focus to the current Laws “On appraisal activities in the Russian Federation" and "About audit activities", but this does not appear to be necessary, at least for the time being. In addition, the activities of some participants in the legal services market are based on special laws: the federal law dated May 31, 2002 No. 63-FZ “On advocacy and the legal profession in the Russian Federation” (hereinafter referred to as the Law on Advocacy) and the Law of the Russian Federation dated February 11, 1993 No. 44621 “Fundamentals of the legislation of the Russian Federation on notaries”.

The importance of legal services for entrepreneurs. Entrepreneurial activity carried out on a certain legal basis. Compliance with legal regulations gives entrepreneurs the opportunity to successfully develop their business. On the contrary, violation of the requirements of legal norms entails undesirable consequences for entrepreneurs in the form, for example, of liability for obligations, and repeated or gross violations of the law can lead to the forced liquidation of an entrepreneur - a legal entity in the manner provided for in paragraph 2 of Art. 61 of the Civil Code of the Russian Federation, to administrative and criminal liability individual entrepreneurs And officials commercial organizations.

In order to avoid violations and follow the requirements of the law in everything, entrepreneurs turn to specialists with legal knowledge, i.e., practicing lawyers. Legal support for business is a natural, objectively determined phenomenon, one of components legal activities.

Legal assistance provided by lawyers to entrepreneurs is also called legal support, legal support, legal support. All of the listed terms are close in meaning and can be used in different contexts with the same semantic meaning: provision of consulting and other services to entrepreneurs by professional lawyers on legal issues of running a business. In a broader aspect, the term “legal services” is also used, which means the provision of various legal services to interested parties - clients, customers - on a contractual basis, involving constant or periodic interaction and cooperation between the contractor and the client.