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Licensed works. Activity Licensing

In Russia, for the management of certain types entrepreneurial activity an appropriate permit or license is required. In total, the list of licensed activities includes more than five dozen items. Federal legislation approved full list(Federal Law No. 99-FZ of May 4, 2011). It includes many services that are often chosen as the main start-up entrepreneurs, representatives of small and medium-sized businesses.

What activities require a license

It is quite common in our country to obtain a license for:

provision of transportation services for more than eight people by road (not counting the own needs of a legal entity / individual entrepreneur);
production and sale of author's printing products;
security and detective work services;
services for employment of Russians abroad;
provision of communication services;
implementation of radio and television broadcasting;
manipulations related to scrap (non-ferrous and ferrous metals);
elimination of fires in places where people live, at enterprises and other facilities;
work with fire safety devices of premises;
the manufacture of medicines;
educational services;
copying of author's works (audio, video), computer programs, information bases, phonograms (the own activity of persons who have related or copyright rights is not considered);
geodesy/cartography services (federal assignments);
public health services;
pharmaceutical activity;
management of residential multi-apartment facilities;
surveying work.

In addition, the list includes many types of entrepreneurship that are less common, but also require a license. Among them are work related to the use of ion radiation sources; with an impact on the processes and phenomena of the hydrometeorological and geophysical spheres. To carry out work aimed at preserving the cultural heritage of the country, to carry out an examination on the subject industrial safety a license is also required. As well as for work related to the circulation of industrial explosives, any activity (development, manufacture, sale, testing, storage, repair) with weapons, military equipment and special means (technical) for secretly obtaining data.

In addition, a license is required for:

Development, manufacture of systems for the technical protection of information of a confidential nature, provision of services for the implementation of protection.
Manipulations with ammunition and pyrotechnics (fourth and fifth grades).
Work with chemical weapons (storage, disposal).
Operation of hazardous facilities (explosive fire and chemical) production, from the first to the third hazard class.
Turnover of narcotic, psychotropic drugs, cultivation of plants containing narcotic elements.
Manufacturing/maintenance of equipment used in healthcare.
Transport services in the water and sea space (transportation of passengers, dangerous goods by specialized transport).
Carrying out work on the transportation of people and goods by air.
Provision of services for the transportation of passengers and goods by rail.
Carrying out work on loading and unloading dangerous goods in seaports and railway.
Towing by sea.
Manipulations with waste from the first to the fourth hazard classes.
Events and organizations gambling.

There is also another list. Only these requirements are spelled out not in the law on licensing, but in other legal acts:

in the nuclear power industry;
production and sale of strong alcohol;
lending;
protection of state secrets;
bidding;
work in the market valuable papers;
clearing activity;
provision of insurance services;
space industry.

The list shows that in most cases licensing is required for activities associated with large amounts of financial resources. Small and medium businessmen rarely choose any of the listed latest list industries for their work. An exception is, perhaps, the sale of strong alcohol.

Which OKVED correspond to the licensed types of activities

There are differences between the types of activities requiring a license and the OKVED classifier codes that must be indicated when registering an individual entrepreneur / legal entity. In some cases, the types of activities are 100% identical to the codes of the OKVED classifier. For example, activities for the manufacture of medicines have the OKVED code 21.20, and passenger transportation services by rail 49.10.

In contrast, activities related to the pharmaceutical industry, which also require a license, correspond to a number of classifier codes. For example, code 46.46 is registered for the wholesale sale of drugs, 47.73 for the retail sale of drugs in pharmacies, 21.20 for the manufacture of drugs. That is why, when registering an individual entrepreneur or a legal entity, difficulties arise with the selection of the OKVED classifier code for the licensed line of business. In case of difficulties, you can contact a specialized organization that provides consulting services. Specialists will help you correctly select OKVED codes for registration, so that subsequently an individual entrepreneur or legal entity can provide the full range of services.

Where to get a license

If the type of activity requires a license, then it is unacceptable to start work before obtaining a special permit. This is a violation of federal law, which is punishable by fines, seizure of property, materials, equipment and other types of punishment, up to criminal. Only individual entrepreneurs and legal entities are entitled to conduct licensed activities. persons with special paper-permission.

The issuance of the document necessary for work is carried out by state structures (depending on the profile of the licensed activity. For example, the provision of services in the education industry is regulated by Rosobrnadzor, transportation of people by Rostransnadzor. You can get permission for security activities at the Ministry of Internal Affairs. obtaining a license from Roszdravnadzor and Rosselkhoznadzor. retail sale alcohol is issued in Rosalkogolregulirovanie. In the regions, you should contact the territorial divisions of the authorized bodies.

In this article, we will tell you what types of activities you need to obtain a license for in 2018, and what threatens to work without such a permit, if it is required by law.

A license is a permission of authorized state bodies to carry out certain types of activities.

Features of activities requiring a license

Business lines subject to licensing were not chosen by chance. All of them require special specifications, qualified personnel or may adversely affect the life and health of people, the environment, cultural heritage. Among the licensed areas of business, there are those that are associated with large financial flows (banks, credit organizations, the securities market).

Far from all licensed activities are available to individual entrepreneurs. Why this is so, the laws do not explain, but it is known that the state treats individual entrepreneurs as business babies. For entrepreneurs, fines are many times lower, and there are more tax benefits. But, for example, IP will not be given licenses for the production and sale of strong alcohol. The maximum that is allowed to be sold from alcohol is.

What activities do you need a license for?

The largest list of licensed species is contained in Law No. 99-FZ of 05/04/2011, but besides it, there are several other laws, each of which regulates a separate area.

For example, the issuance of a license for the production and circulation of alcohol is controlled by law No. 171 of November 22, 1995, for the activities of credit organizations - No. 395-1 of December 2, 1990, for holding auctions - No. 325 of November 21, 2011.

List of licensed activities in 2018:

Freight and passenger transportation by road (with the exception of taxi activities), rail, water, sea, air transport
Loading and unloading and towing of vehicles
Security and detective (detective) activities
Education for children and adults
Production of medicines and medical equipment
Activities in the field of medicine and pharmaceuticals
Production and sale of alcohol
Clearing and insurance activities
Activities of credit institutions and NPFs
Trading and professional activity in the securities market
Activities in the field of space and nuclear energy
Activities for the protection of state secrets
Activities related to encryption and special technical means for secretly obtaining information, protection of confidential information
Activities in the field of information and telecommunication systems
Communication services, television broadcasting, radio broadcasting
Manufacture and sale of special printing products protected from counterfeiting
Production, testing, repair of aircraft
Activities related to weapons, ammunition, military equipment
Legal trafficking in drugs and psychotropic substances
Carrying out gambling through bookmakers and sweepstakes
Procurement, storage, processing, sale of scrap metal
Management of apartment buildings
Industrial safety expertise
Operation of high-risk production facilities (explosion, fire and chemical hazards)
Neutralization, collection, transportation of waste related to I-IV hazard classes
Activities related to industrial explosives
Activities on the use of sources of ionizing radiation
Fire extinguishing, installation, repair and maintenance of fire safety equipment
Use of infectious agents and GMOs
Employment of Russian citizens abroad
Production of copies of audiovisual works, computer programs, databases, phonograms on any media
Geodetic and cartographic activities, hydrometeorology and geophysics, mine surveying
Preservation of cultural heritage sites.

Most often, individual entrepreneurs from this list choose cargo transportation, passenger transportation, medical and educational activities, private detective. The rest of the licensed activities in 2018 require either the legal form of a legal entity or large financial investments.

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Responsibility for the absence of a license

Non-compliance with the legislation in the field of licensing is an administrative offense that is punishable for individual entrepreneurs in accordance with the articles of the Code of Administrative Offenses of the Russian Federation /

Penalties for working without a license

14.1 (2) - from 4 to 5 thousand rubles with possible confiscation of manufactured products, production tools and raw materials (activity without a license);
14.1 (3) - from 3 to 3 thousand rubles (failure to comply with the necessary license requirements);
14.1 (4) - from 4 to 8 thousand rubles ( gross violation license terms).

Special penalties for a license in the field of transport under Article 14.1.2 of the Code of Administrative Offenses of the Russian Federation are much higher:

lack of a license - 100 thousand rubles with confiscation of the vehicle;
violation of the terms of the issued license - 20 thousand rubles;
gross violation of the terms of the issued license - 75 thousand rubles.

Although the amount of penalties for individual entrepreneurs is several times lower than for LLCs, criminal liability does not differ depending on the legal form. It occurs upon receipt of income or damage to the state or citizens in the amount of 2.25 million rubles (Article 171 of the Criminal Code of the Russian Federation).

OKVED codes and license

About what kind of business the individual entrepreneur will be engaged in, the applicant reports when registering with the tax office. To designate specific types of activity, digital codes are used according to OKVED (All-Russian Classification of Economic Activities).

It is impossible to compare the list by OKVED codes with the types of activities subject to licensing in Russia. The fact is that licensed areas are wider than a specific OKVED code.

How to determine if OKVED is subject to licensing

For example, if you select educational activity, then the following codes from OKVED-2 will correspond to it:

85.11: Pre-school education
85.12: Primary general education
85.13: Basic general education
85.14: Secondary general education
85.21: Vocational secondary education
85.22: Higher education
85.23: Training of highly qualified personnel
85.30: Vocational training
85.41: Additional education for children and adults
85.42: Additional vocational education

Moreover, these are only four-digit codes, and if you take into account five-digit and six-digit codes, there will be even more of them. And if we take pharmaceutical activity, then this concept includes the sale of medicines, their storage, and manufacturing. medicines prescriptions.

In itself, the indication in the form R21001 of the OKVED codes corresponding to the licensed direction does not oblige to obtain a license. Only if the entrepreneur starts real activity, you must contact the licensing authority in advance.

However, some inspectors, and sometimes banks, are interested in whether you have a license issued if the relevant OKVED codes are indicated in the extract from the USRIP. If you are not going to work under a license yet, then for your own peace of mind it is not at all necessary to enter these codes in advance even when registering an IP. Later they can always be served.

How to get an IP license

Licensing certain types activity is entrusted to authorized state bodies. You can find out which agency you need to apply for a license from Government Decree of November 21, 2011 No. 957.

Information on the most popular license areas for individual entrepreneurs is given in the table.

Everyone has it authorized body has its own official website where you can find contacts of regional divisions and all the necessary information to obtain a license.

If as an individual entrepreneur you plan to engage only in licensed activities, then first study the licensing requirements. For example, in order to obtain a permit for the carriage of passengers by road, you must have:

Vehicles equipped with GLONASS equipment;
Premises and equipment for maintenance and repair of vehicles;
Drivers with the necessary qualifications, work experience, who have passed a medical examination;
A specialist for a pre-trip medical examination of drivers or an agreement concluded with a medical organization for its conduct, etc.

In order to ensure the protection of the legitimate interests of citizens, cultural objects and environmental protection, as well as in order to preserve the security of the country, it was decided to license certain works and services for which a license must be obtained, and the procedure for such a procedure is specified in a special law.

The concept of licensing

Licensing is a set of measures that includes services for the issuance, suspension, reissuance and cancellation of licenses for different kinds A license is a special document that authorizes a company or an individual entrepreneur to provide certain services or carry out one or another type of work on a legal basis. Such a document can be issued both in paper and in electronic (with digital printing) version.

Licensing of individual companies is carried out according to the principle of a single economic space, openness and accessibility of information, and compliance with the law.

which are subject to licensing

Now a license must be obtained for about 50 types of work and services. Here are some of them:

Licensing of certain types of activities is carried out by special bodies that have been accredited.

Documents for obtaining a license

In order to obtain permission to carry out certain works or provide services, it is necessary to submit the following data:

The name of your company.
Address and details of the organization.
firm's activities.
Information about the company's registration with the tax office.
Documents on payment of the necessary state duties.
Other data.

The procedure for licensing certain types of activities

The head (representative) of the organization or submits documents to the licensing authority. The process of considering the issue of issuing a license takes about a month (and longer periods are possible). If, after analyzing the submitted data, the licensing commission reveals errors and shortcomings, obtaining a license will be delayed. The applicant will have to correct all these comments and only then submit the documents again.

The period of validity of such a document cannot be less than 5 years. After the end of this time, the entrepreneur can apply for an extension of the license. In some cases, the permit is issued for an unlimited period. Licensing of certain types of activities is carried out throughout Russia.

What types of activities are subject to licensing? Let's find out more in this issue. The license acts as a permit that allows businessmen to carry out a particular type of activity. In order to engage in certain areas of business, you must comply with license requirements. Such requirements may apply to premises, equipment, and, in addition, to capital along with transport, qualifications of specialists, and so on. In this article, we will talk about exactly what types of activities are subject to licensing in our country.

Below we consider what types of activities are subject to licensing.

How are these activities regulated?

The types of activities for which a license is required are established in Russian legislation by federal laws. In addition to those provided for by Federal Law No. 99 "On Licensing ...", there are other areas in business that are also subject to mandatory licensing. In our country, they are regulated by separate laws:

Federal Law No. 170 regulates the process of using atomic energy.
Law No. 171 regulates the production and circulation of alcoholic products.
Federal Law No. 395 controls the activities of credit institutions.
Law No. 5485 is aimed at activities related to the protection of state secrets.
Federal Law No. 325 controls the conduct of trading.
professional activity Law No. 39 deals with securities.
Federal Law No. 75 regulates the activities of non-state pension funds.
Federal Law No. 7 exercises control over clearing activities.
Law No. 4015 deals with the regulation of insurance activities.
Federal Law No. 5663 controls activities in the space industry.

The Federal Law on Licensing Activities must be strictly enforced.

Activities requiring significant financial investments

As can be seen from the above list, it mainly reflects areas that require serious financial investments. It is for this reason that small businesses rarely choose the listed areas of activity. The exception is the sale of alcoholic products. On the other hand, the list of licensed activities, which is specified in Federal Law No. 99, includes many popular destinations for start-up businessmen. In this regard, we suggest that you familiarize yourself with it in more detail. What types of activities are subject to licensing in the field of small and medium-sized businesses.

Licensed activities in the field of small and medium-sized businesses

Activities in our country that require a license in accordance with federal law No. 99 are as follows:

Engaged in the development, production, distribution of encryption tools along with information and telecommunication systems, the execution of works, the provision of services and maintenance in this area. Exception in this case constitute their own needs of organizations or individual entrepreneurs.
Engagement in the development, production, sale and purchase for the purpose of selling certain technical means that are designed to secretly obtain various information. Activities subject to licensing are not limited to this.
Activities related to the identification of electronic devices that are designed to covertly obtain various information. The exception in this case is the own needs of organizations or individual entrepreneurs.
Engaged in the development and production of protective equipment. And, in addition, activities related to the technical protection of confidential information. What other types of activities are subject to licensing in the Russian Federation?
Engagement in the production and sale of counterfeit-proof printed goods.
Engaged in the development, production, testing and repair of aviation equipment.
Engaged in development, production, testing, installation, installation and maintenance. And, in addition, engaging in the repair, disposal and sale of weapons and military equipment.
Engaged in the development, production, trade, testing, storage and repair of weapons.
Engaged in the development, production, testing, storage, sale and disposal of ammunition, and, in addition, pyrotechnic products of various classes.

We will also list the types of activities subject to licensing in the medical and chemical industry.

Licensing of the medical and chemical industry

In addition to the above areas of activity, according to Federal Law No. 99, occupation in the medical and chemical industry is subject to mandatory licensing, namely:

Carrying out activities related to the storage and destruction of chemical weapons.
Operation of fire hazardous, and, in addition, chemically harmful production facilities of various classes and categories of threat.
Carrying out activities related to extinguishing fires in settlements, and, in addition, at production facilities and in places of various infrastructure.
Carrying out activities related to the installation, maintenance and repair of fire safety equipment for structures and various buildings. What types of honey Are activities subject to licensing?
Activities related to the production of medicinal products.
Activities related to the production and maintenance of medical equipment. The exception in this case is the own needs of organizations or individual entrepreneurs.
Activities related to the circulation of narcotic drugs, and, in addition, psychotropic substances and the cultivation of related plants. What other types of medical activities are subject to licensing?
Carrying out activities in the field of the use of pathogens of infectious diseases of animals and humans varying degrees potential hazard.
Engagement in medical activities.
Pharmaceutical activity.

What types of activities are subject to mandatory licensing in the field of transportation?

Licensing of activities related to transportation

The following activities related to transportation are subject to licensing:

Activities related to transportation by inland waterway transport.
Transportation of passengers by sea transport.
Activities related to transportation by water.
Transportation of dangerous goods by sea.
Activities related to the transportation of passengers by air. The exception in this case is the own needs of organizations or individual entrepreneurs. What other types of IP activities are subject to licensing?
Activities aimed at the transportation of goods by air. The exception in this case is the own needs of organizations or individual entrepreneurs.
Activities aimed at transporting passengers by road, if the number of people is at least eight people. The exception in this case is the own needs of organizations or individual entrepreneurs.
Activities aimed at transporting passengers by rail.
Activities aimed at the transport of dangerous goods by rail.
Loading and unloading activities of dangerous goods on the railway, and, in addition, on inland water transport and in the territory of seaports.
Activities aimed at the implementation of towing by sea transport. The exception in this case is the own needs of organizations or individual entrepreneurs.

Other types of activities subject to licensing

Other types of activities that are also subject to mandatory licensing include:

Activities aimed at the collection, transportation, processing, disposal, neutralization, disposal of waste of various hazard classes.
Activities related to the organization and conduct of gambling within the framework of bookmakers and sweepstakes.
Occupation of private security and detective activities.
Carrying out the procurement, storage, processing and sale of ferrous scrap, and, in addition, non-ferrous metals.
Provision of services aimed at employment of Russian citizens abroad.
Provision of communication services for the population.
Television and radio broadcasting.
Activities related to the production of audiovisual works, and, in addition, programs for electronic computers along with databases and phonograms on any type of media. The exception in this case is the independent activity of persons who have copyright and related rights.
Activities in the field of application of sources of ionizing radiation. The exception is when these sources are used in medical activities.
Engaging in educational activities.
Occupation with geodetic and cartographic works of federal appointment.
Carrying out survey work.
Works related to the active impact on hydrometeorological, and, in addition, on geophysical processes.
Activities in the field of hydrometeorology, and, in addition, in related industries.
Activities aimed at preserving the cultural heritage of our country.
Activities aimed at conducting expertise in the field of industrial safety.
Activities aimed at the handling of explosive materials with an industrial purpose.
Engagement in entrepreneurial activities in the management of multi-apartment residential buildings.

Educational activities

Legislative acts provide for the obligatory registration of a license for educational activities. This is necessary if an organization or an individual entrepreneur carries out preschool, general, professional, additional professional education or vocational training.

Are there exceptions to this rule?

What types of educational activities are not subject to licensing?

Currently, the current legislation provides for only one case where permission is not required. This happens when the service is provided personally by an officially registered individual entrepreneur. At the same time, it is forbidden to hire other specialists, you can only work independently. Examples of such activities are tutoring, the services of a private teacher, who must have the necessary work experience and education. Also, without a license, various circles, sections or studios are held by an individual entrepreneur without the involvement of additional specialists.

Licensed activities: OKVED codes

Not always licensed activities exactly correspond to the generally accepted OKVED codes, which should be indicated in applications when registering a legal entity. Some types of activities according to this classifier are completely repeated in the text of laws.

Example

True, if we take for example such a licensed area as pharmaceuticals, then it corresponds to several codes at once. Thus, the OKVED codes that are allowed to designate pharmaceutical activities are as follows:

The code "46.46" implies wholesale trade in pharmaceutical products.
Code "47.73" involves the sale of retail medicines in specialized stores.
Code "21.20" refers to the production of medicines and materials that are used for medical purposes.

Thus, it is not always easy to select a list by code classification for one or another licensed line of business.

Obtaining a license

Carrying out work without a license, in the event that such an activity is required by law to be licensed, is subject to mandatory fines along with confiscation of property, materials or equipment, as well as any other sanctions. Only licensed enterprises and entrepreneurs have the right to engage in such activities. Licenses are issued by various government agencies. For example, educational activities are controlled by Rosobrnadzor, and Rostransnadzor is engaged in passenger transportation. What types of business activities are subject to licensing, it is better to find out in advance.

Licenses for legal entities

It is also important to note that there are some activities for which licenses are issued exclusively legal entities. Therefore, the possibility of obtaining a refusal to issue a license due to an inappropriate organizational and legal status should be foreseen in advance. For example, a sole trader cannot sell any alcoholic products with the exception of beer, as well as engage in insurance or lending. Therefore, in the event that a person plans to engage in such a business, he should register a legal entity.

Now we know which activities are subject to licensing.

According to government regulations, some activities (we are talking about individual entrepreneurs) are subject to compulsory licensing. Obtaining a license is not difficult, it is important to clearly define what you will be doing and apply to the authority that issues licenses. Just make sure that your work will not be related to closed activities, otherwise you will not receive a business permit. What types of activities are subject to licensing? There are about fifty of them.

Why you need to get a license

There are some activities for which you only need to get permission. Moreover, some business areas are not licensed at all. But if your type of activity even slightly falls under one of the definitions below, you will probably need a license.

Something that can harm people, citizens Russian Federation(their rights, health, interests);
Business that can hurt environment(land, plants or animals);
Activities that are related to the security of the state, or may harm the defense;
What is connected with the cultural heritage of the state and its citizens;
Those types of activities that need to be regulated, and it is impossible to do it in other ways, except for licensing.

Having received a license, an individual entrepreneur can freely start his activities on the territory of Russia, however, only the next day.

List of types of activities subject to licensing

We said above that there are about fifty such activities in total. Now we will try to classify them in order to be able to enumerate them.

Everything related to the development, release and sale (distribution) of any means of protecting, encrypting information. Release of all kinds of encryption devices. The maintenance of these facilities is also subject to a license. If equipment is produced or distributed to obtain information behind the scenes, as well as activities to identify it. Or an activity that ensures the safety, protection of data.
Aviation area. Everything related to aviation technology - design, production, repair - is subject to licensing. The same applies to all types of military equipment (this includes recycling).
Weapon. If your activity is at least partially related to any type of weapon, you will also need a license.
Development and use (maintenance) of explosive or chemically hazardous devices that are installed in production.
Extinguishing fires in dwellings, in forests (exception - voluntary assistance).
Installation and maintenance of facilities that ensure fire safety of industries and dwellings. The list of activities subject to licensing includes everything related to flammable materials and their protection from fire.
Issue, production of medicines. Everything related to narcotic and psychotropic drugs. Production and maintenance of medical equipment.
Activities in the field of genetic engineering, the use of viruses that affect humans and animals.
Transportation by water, air, rail transport of people or goods. Loading and unloading operations with dangerous goods on these modes of transport. Towing by sea.
Transportation of passengers by road, if it is technically possible to transport more than eight people at once.
If your activity is related to the disposal or storage of hazardous waste.
Gambling games, sweepstakes, activities for their maintenance and organization.
Security, detective activities (private detective and security companies).
Ferrous and non-ferrous metal and everything related to its processing, storage and sale.
If you decide to help citizens of your country find work abroad, your activities also fall under this list.
Communication services, television and radio broadcasting.
Software, audio and video products.
All kinds of educational activities.
Work related to space exploration.
Measurement and mapping of the area, if this activity is of national importance. Mine surveying, that is, the activity of finding and researching possible minerals.
Hydrometeorology. Works on intervention in geophysical and hydrometeorological processes.
Medicine and pharmaceuticals.
Work carried out in order to preserve the cultural heritage, its objects.
Examination of safety at work. If you incorrectly assess the degree of danger of a particular industrial point, the consequences can become unpredictable.
Explosive materials and substances that are used in production. All activities in this segment. The last item was introduced after the approval of the main list after almost a year.

There are other types of activities subject to licensing. However, we have listed the main ones, others are only adjacent to these. In any case, if your business is dangerous or can harm someone, it is likely that you need to obtain permission in the form of a license for this type of activity.

How to get the right license

Some licenses are easy to obtain, while others are quite difficult. For example, a pharmaceutical license is issued in two stages. First you need to get a certificate - a sanitary-epidemiological conclusion. Only then - the license itself. What activities are subject to licensing, and how to draw up paper easily and quickly, are known by private law firms, of which there are countless on the net. Therefore, if you have no time to collect information, you can quite entrust it to those who will do the job more efficiently. It all depends on whether you agree to pay for the time spent. Indeed, for some businessmen it will be cheaper to pay those who know how to solve such issues than to spend part of their time standing in a couple of queues.

If you decide to start obtaining a license on your own, contact the licensing authority with an application, a certificate of registration of an individual entrepreneur, a certificate of tax registration. In addition, you will need to provide a receipt for payment of the license fee. You will also need more specific documents that vary for each type of activity. And only after obtaining a license, you will be able to fully conduct your business.

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