HOW TO OPEN A PRIVATE DETECTIVE AGENCY ???

[Арсен]

Hello colleagues. I share my own scheme. Indeed, in order to obtain a license it is necessary to register as an individual entrepreneur, LLC I opened earlier than the license was received, but in order to circumvent the registration obstacles, the wording “detective agency” was indicated by me in the name of the company, it looks like Detective and Legal Agency Professional LLC. The charter stipulates the provision of detective services, but there is a clause: "if there is a license", as well as a mandatory requirement for the head of the agency is the presence of a private detective license (If anyone captures the agency, it will not be able to work, but this is in case there are several founders, when you personally do not control the issue of leadership.) Taxation would really be double, but since the IP actually exists only for a license, and the orders are carried out mainly by the agency, an agreement exists between the agency and the IP on the receipt of payment to the account LLC, partially the percentage is deducted on the IP and this amount is not is the income of the LLC, and is the income of the individual entrepreneur. Both forms are based on a simplified taxation system (6% of the amount of income) and in fact the tax burden is distributed according to the percentage of distribution of income under the contract. Of course, you can’t even distribute income to individual entrepreneurs, but in this case you will not be able to reduce the amount of taxes on individual entrepreneurs by the amount of insurance contributions to the pension fund for individual entrepreneurs. In fact, it turns out that for LLC I pay income tax in the amount of 6%, and with the part that I transferred to IP, I cover the costs of pension contributions. Something like that.

Good legal idea !!!

 

[Андрей Захаров]

One thing is not clear ... Why "fence a city" ... If an LLC is engaged in private security activities, it is understandable, but if not ... Why then create an LLC (specifically in the direction of NPV), if it is possible to work simply IP (NPV) ... (This is an addition to what the colleagues said) ...

 

[Виталий Климин]

One thing is not clear ... Why "fence a city" ... If an LLC is engaged in private security activities, it is understandable, but if not ... Why then create an LLC (specifically in the direction of NPV), if it is possible to work simply IP (NPV) ... (This is an addition to what the colleagues said) ...

everything is simple - IP in which case !!! responsible with all his personal property !, and LLC only authorized capital, usually 10 TR ))))

 

[Андрей Захаров]

Yes, probably Vitaliy is not the point here))) It was no coincidence that the initiator of the issue mentioned the authorized capital in the amount of 100 tr. (it is typical for private security companies, although there is a registered capital of at least 250 tr) ... Apparently the question here is precisely whether it is possible to be simultaneously a black hole (IP) and the head of a private security company LLC ... Apparently how then ... And the answer to this question is very simple, see the Law on CD&D and existing departmental orders regulating the creation of LLC-CHOD, the question of the possibility of combining the post of director of this company, which does not have a private security guard license (as it was before), but a certificate private security guard (as it is now) and the activities of the BH, having the status of IP (provided that this activity-BHD-should be the main activity of this person) ... According to the current legislation and departmental regulations, such a combination is not maybe ... If you want to engage in NPV, hand in the certificate of a private security guard (but then you will not be able to be the head of the PSO) and vice versa ... All this has already been discussed many times ...

 

[Детективное агентство Москва.]

Andrei Valerievich, let me disagree with you, and there are examples of this. There are colleagues who are both the Director of the PSM and are licensed by BH. Without any problems, having two licenses. In my opinion, it depends on the employees of the permit. I have not yet seen a single document that would directly say that one excludes the other. As for IP, yes, in OKPO codes, this activity — NPV — should be the main activity of this person, but no one prohibits entering other codes as additional activities during registration and engaging in these types of activities. And to this I also have valid examples.

 

[Андрей Захаров]

Hi Kirill))) They have already argued on this topic more than once ... We here (and I probably correctly noticed) -CLRR does not allow persons licensed by the Black Sea Fleet to “direct” PSOs ... And as for combining, there is an order of the Ministry of Internal Affairs (for sure I don’t remember the number, but I watched it earlier), where there are prohibitions ... It’s what the resolvers are guided by ... Who needs to “solve” this issue, it’s advisable, of course, will immediately turn to the Center for Human Development, what their position will be, so it will probably be .. . This topic is very "long" ... There is a lot to say ... Who needs to, even if they understand ... And as for the combination, the most important question is whether it is possible to work as a licensed security guard (having a security certificate, because ... The activity of the enterprise is currently licensed, and not of a specific person, concerns only a private enterprise), so to speak, part-time ... Having a primary place of work as a private entrepreneur (BH) ... (see article 12 of the Federal Law on ChDiOD- " security guards are prohibited from using search methods, "as well as Article 15.1 of this Law," the head of a private security company is prohibited from entering into labor relations I, as an employee ", concerns, inter alia, the activities of individual entrepreneurs when concluding contracts for the provision of BH services) That's the root, in my opinion, where it’s buried .... Well, it won’t argue ... I need someone to figure it out myself ...

 

[Детективное агентство Москва.]

Andrey, I’m just interested in this question. "The head of a private security company is prohibited from entering into labor relations as an employee"

EMPLOYEE - an individual who has entered into an employment relationship with an employer (Article 20 of the Labor Code of the Russian Federation)
An individual entrepreneur, concluding an agreement (for the provision of services), does not enter into an employment relationship with the customer, he does not enter into an employment agreement, and therefore the reference to Article 15.1 is not entirely correct.

Moreover, I also disagree with this: Having a primary place of work as an individual entrepreneur (BH) ... I know BHs that have a permanent job, registered as a private entrepreneur and received a BH license, Andrey, and again this is not prohibited by law, I did not find a direct ban.

 

[Андрей Захаров]

Cyril))) Let's not argue))) Here, after all, we have a Black Sea Forum, not a BLR ... I’m just saying how it is in practice (at least in our region), voicing the position of LRR (ours). ..At least, none of ours, including those who were involved in the NPV and went to the private security company — they handed over licenses and to the court on the issues that they did not need to be handed over — they did not apply ... Judicial practice (at least we have) -about the issues of licensing the NPV during the registration of the PSM is absent ... We will argue about what The topic is not ours, but the PSM-let them argue ... It's just that you can spend a lot of time studying and analyzing Laws and other normative acts) ... And why ... And about the "labor relations", of course, when concluding a contract for the provision of services (at the same time, note, in the Law on CD&D there is a reference to the fact that we are obliged to draw up not an act on the acceptance by the customer of services, and the act of acceptance of work (an obvious flaw in the legislators .... but there is such a norm), the IP (BH) is guided not by the TC, but by the Civil Code ... However, this fundamentally does not change anything .... If there is practices application not appealed in court ...

 

[Детективное агентство Москва.]

Well, let's not !!! : lol: Can you go skype?

 

[Андрей Захаров]

:lol: