In early 2010, state licensing of certain types of activities related to the security sector was replaced by the entry into non-profit self-regulatory organizations (SROs). All the main powers of control over the functioning of specialized companies were transferred precisely to them. In 2017, the cancellation of SROs in construction, design and survey works will not take place completely, but the certificates of admission will be canceled. Other changes will occur.
What are self-regulatory organizations?
Before touching directly on the cancellation of SRO tolerances, it is necessary to understand what goals pursue and what functions such institutions perform. The main idea is to transfer supervision to market participants. Unnecessary tasks are completely removed from the state, due to which budget expenses are reduced.
Initially, the introduction of tolerances for self-regulatory organizations implied several advantages over state licenses:
- minimum amount of documentation;
- increasing professional responsibility;
- optimal design speed;
- forcing re-receipt;
- lack of complicated bureaucratic procedures.
Institutions are developing conditions for obtaining membership, disciplinary measures and analysis of the activities of participants. The status of self-regulatory organizations is able to receive associations of enterprises that are created on the basis of non-profit partnership.
Categories of persons not covered by the entry
In 2017, the cancellation of SROs affected certain groups of performers who do not need to become members of organizations. They can conduct their activities without control by such institutions, without fear of violating current legislation. This category includes:
- legal entities and individual entrepreneurs signing contracts with technical customers or ordinary developers, the amount of which does not exceed 3 million rubles
- operating companies with authorized capital with a state participation of more than 50 percent;
- organizations performing construction work in the construction of utility structures that are not capital objects;
- institutions that carry out construction control under the contract;
- individuals carrying out personal housing construction on their own.
As can be seen, the abolition of SROs in construction affected a wide category of citizens and a whole group of legal institutions. After determining with a list of persons, it was possible to refuse the list of ongoing work. From the beginning of the second half of 2017, it will cease to operate.
The legal status of participants after the changes
After July 1, 2017, cancellation of SRO tolerances takes effect. All members of self-regulatory organizations are required to:
- complete the transition, making all the necessary funds by September 1, 2017;
- provide information confirming the compliance of the individual entrepreneur or organization with the new standards;
- comply with the requirements of Russian legislation, as well as certain standards when carrying out work.
To sign contracts, it is enough to get an extract confirming the presence of membership in a self-regulatory organization. It will act as an admission document. It contains information on contributions to the compensation fund.
New requirements for members of self-regulatory organizations
Simultaneously with the cancellation of SRO certificates, changes will occur regarding the requirements for the heads of organizations and individual entrepreneurs:
- Mandatory higher education in the relevant field;
- work experience should be more than 5 years.
The conditions for carrying out work for members of self-regulatory organizations engaged in engineering surveys, as well as the construction or reconstruction of facilities that are characterized by technical complexity and potential danger, are determined by the institution’s internal documents. They should not disagree with the basic norms established by the state.
The main stages of the reorganization
Not everyone will cancel the SRO in construction in 2017. Legal entities and individual entrepreneurs falling into certain categories will have to continue to be in them. They should submit a statement of intent to stay or move to another organization until December 1, 2017. Everyone who wants to leave will have to turn to the management at the same time.
Other important dates are presented in the table.
|
Dates in 2017 |
Developments |
|
Until March 1 |
Holding meetings in self-regulatory organizations, as a result of which decisions should be made on the reorganization of institutions or the formation of compensation funds in accordance with the new standards. |
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Until July 1 |
Bringing the charter of the organization and other documents into the necessary form, corresponding to the basic rules of the Town Planning Code of the Russian Federation. |
|
Until September 1 |
Appeal to a self-regulatory organization with a statement on the transfer of the compensation fund. |
|
From October 1 |
Elimination of SROs from the registry in the absence of confirmation of a new status. |
SRO notification for participants
Everyone affected by the cancellation of SROs from July 1, 2017, must fill out a special notice form on termination of membership in a self-regulatory organization. They completely cease to be participants in the institution. Upon transition to a regional organization, a form is submitted on the liquidation of the existing membership with subsequent entry into the new structure. If the participant remains in place, then he must submit a notice of the preservation of the current situation.
When filling out the forms, the date of termination of participation in a certain self-regulatory organization is mandatory. In the absence of notification, an automatic exclusion of a member of the institution is made. Moreover, the right to receive previously deposited funds is retained.
Regionalization of participants
For those members who were not affected by the cancellation of SROs, but who are registered in other constituent entities of the Russian Federation, switching to local management systems is mandatory. After completion of registration, the compensation fund is transferred to another structure. To go, do the following:
- Prepare all the necessary documents for registration with a new self-regulatory organization and submit them in a timely manner.
- Decide on the appropriate levels of responsibility directly under construction contracts.
- Provide a copy of the decision to join the new organization and a statement on the transfer of funds from the compensation fund.
- To pay the registration fee, if it is installed in the institution.
- Make sure the transfer of finance. They usually arrive on a new account within seven business days.
Possible problems when moving on a regional basis
For whom the cancellation of an SRO does not work, they may encounter some difficulties when moving to other organizations:
- Often, without any significant reason, unscheduled inspections are scheduled.
- It happens that managers require documents or special information that is not specified in the legislation.
- Sometimes the requirements of a SRO member regarding the transfer of finances and other wills are not properly implemented.
- In some cases, funds are not received within the time limits established by Russian law.
- It happens that the account does not receive the entire amount that was previously paid by the participant.
- In certain situations, legal entities or individual entrepreneurs are excluded due to violation of procedures approved by internal documentation.
Recommendations for SRO Notification
When leaving, saving a place or moving to another structural unit, you can not do without notice.
- It is advisable to send all documentation by mail or using specialized courier services with an inventory and verification of the right to receive correspondence.
- It is necessary to receive confirmation of receipt of the submitted documents after sending.
- If the self-regulatory organization does not fulfill its obligations, a complaint should be sent to the construction association.
Important changes in compensation funds
After cancellation of SRO tolerances, the base rate in the harm compensation fund will be 100 thousand rubles. during construction work under one contract, the amount of which does not exceed 60 million rubles. This is the minimum amount. If the construction company concludes two contracts at once, each of which does not imply an amount exceeding the specified amount, but the total amount exceeds the limit, then the rate does not increase, but remains the same. As for the fund regarding contractual obligations, the basic rate will be already 200 thousand rubles under the same conditions.
For participants who have contributed 300 thousand rubles or more, the opportunity is given to reallocate the fund. Additional payments should not be made to such members of self-regulatory organizations. The redistribution of the compensation fund, if necessary, can not be done, but leave the entire amount in part to compensate for possible harm. The final installment is determined by the five existing levels of responsibility.
