Contribution to the compensation fund SRO design. The new law on SROs: all about compensation funds. Prospector Compensation Fund

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Question

Paragraph 12 "Article 55.16. City Code" Compensation Funds self-regulatory organization"established that after 07/01/2017 the minimum contribution to the compensation fund for damages per member of a self-regulatory organization in the field of construction, reconstruction, overhaul of facilities capital construction depending on the level of responsibility of a member of a self-regulatory organization is. 2). Five hundred thousand rubles if a member of a self-regulatory organization plans to carry out construction, the cost of which under one contract does not exceed five hundred million rubles (the second level of responsibility of a member of a self-regulatory organization). What is the cost of construction under one contract? And based on what cost should the contribution to the compensation fund for harm be calculated if a member of the SRO is building three different objects at once? (from the cost of the most expensive object, or from the sum of the costs of all three objects?)

Answer

The contribution to the compensation fund is determined by the cost of construction under one contract (not in total). The cost of construction under the contract is determined based on the cost construction works contracts.

Parts 12 and 13 of Article 55.16 of the Civil Code of the Russian Federation establish the minimum amount of contributions to compensation funds for damages and securing contractual obligations per member of a self-regulatory organization in the field of construction, reconstruction, overhaul of capital construction facilities, depending on the level of responsibility of a member of a self-regulatory organization. At the same time, the level of responsibility is determined by the cost of construction under one contract concluded by a member of a self-regulatory organization. See Letter of the Ministry of Construction of Russia dated July 27, 2016 No. 23665-НЧ/02.

Federal Law of July 3, 2016 No. 372-FZ.
The first clarifications are in the letter of the Ministry of Construction of Russia dated July 27, 2016 No. 23665-НЧ / 02

Relations between the developer and the technical customer

The legislators clarified that the developer has the right to transfer its functions to the technical customer (Article 1 of the Town Planning Code of the Russian Federation in new edition.). The developer can carry them out himself, but only if he is a member of the SRO. Since the technical customer must be a member of a self-regulatory organization.

Tolerances

SRO permits will no longer be issued. All provisions related to tolerances were removed from the Urban Planning Code. Certificates of admission will cease to be valid from July 1, 2017. From this date, companies and entrepreneurs will not be entitled to perform work on the basis of permits (Article 6 of Law No. 372-FZ).

In order to carry out construction (engineering, design) work, it will be necessary for the entrepreneur or company to be members of the SRO. And that they fully pay contributions to the compensation fund (Article 55.8 of the Civil Code of the Russian Federation in a new edition).

That is, for example, the company has a permit, but as of July 1, 2017, it is not a member of the SRO. Despite the fact that the permit is valid (they are unlimited), the company will no longer be entitled to perform work. She must join the SRO.

To perform construction work, you must join the SRO

The main function of the SRO was to issue permits to their members for certain types of work. Customer complaints were considered formally or not at all. This system was recognized as untenable and made adjustments.

Territorial principle

The SRO system is being reorganized. In particular, the geographical principle will operate. What does it mean?

The legislators have established that an entrepreneur or a company registered in the same subject of the Russian Federation as the SRO can be a member of the SRO (clause 3 of article 55.6 of the Town Planning Code of the Russian Federation in a new edition). If there is no such SRO in a constituent entity of the Russian Federation, then you can join the SRO of a neighboring region with which there is a common border. This rule does not apply to foreign construction companies.

So, it is possible that many current SRO members will have to change their self-regulatory organization - from October 1, 2017, they will be excluded from "alien" SROs.

Advice

If you are just going to join the SRO, choose an organization in your region. Then you won't have to move to another SRO in 2017

Until December 1, 2016, all members are required to submit to their SRO applications for retention of membership or its voluntary termination, including with subsequent transfer to another SRO.

Exceptions: who does not need to join the SRO

It is not required to be members of the SRO:

State Unitary Enterprises and Municipal Unitary Enterprises, if they fulfill orders of state bodies in whose jurisdiction they are;

Commercial companies, in the authorized capital of which the share of SUEs and MUPs is more than 50 percent, if they fulfill orders of such SUEs and MUPs or orders of state bodies in whose jurisdiction they are;

Companies established by the Russian Federation, constituent entities of the Russian Federation and municipalities engaged in construction in the areas for which they were created;

Citizens involved in the construction, reconstruction, overhaul of their homes, as well as garages, kiosks, sheds or sheds.

Can a company (entrepreneur) perform work without being a member of an SRO? Yes maybe. Under an agreement with a developer, technical customer, a person responsible for the operation of the building, or a regional operator, if the price of the agreement does not exceed 3 million rubles. (clause 2.1 of article 52 of the Town Planning Code of the Russian Federation in a new edition).

Additional Fund

SROs have a new duty - to ensure that their members fulfill their obligations under government contracts. Namely, under work contracts concluded at auction in accordance with the law on contract system when bidding is mandatory (subclause 3, clause 1, article 55.1 of the Town Planning Code of the Russian Federation in a new edition).

In this regard, SROs are obliged to create another compensation fund. That is, now there should be two of them:

For damages;

To secure contractual obligations.

The second fund must be created (Article 55.4 of the Town Planning Code of the Russian Federation is effective from July 4, 2016):

It's important to know

Contribution to the additional fund will be paid only by companies that are going to conclude government contracts

Engineering and design SROs with at least 15 members intending to conclude state or municipal contracts;

Construction SROs with at least 30 members intend to conclude state or municipal contracts.

New responsibilities of SRO members

A member of a self-regulatory organization is obliged to notify the SRO of the actual total amount of liabilities. This applies to obligations under work contracts with state or municipal customers concluded at auctions (tenders, auctions) in the current year.

This will have to be done once a year - until March 1 of the year following the reporting year (clause 4, article 55.8 of the Town Planning Code of the Russian Federation, new edition). Documents that confirm the amount of obligations will need to be attached to the notification. The specific procedure will be established by the Ministry of Construction.

If the amounts exceed the declared limit, the company is obliged to pay extra to the compensation fund for securing contractual obligations. Otherwise, it is not entitled to conclude new contracts.

The amount of contributions to compensation funds is in article 55.16 of the Town Planning Code (it has been in force since July 4, 2016). Their company or entrepreneur must pay, regardless of whether they plan to carry out construction organization work or not (letter of the Ministry of Construction of Russia No. 23665-НЧ/02).

Check

Companies that join SROs after July 4, 2016 must pay contributions to the compensation fund according to the new rules (letter of the Ministry of Construction No. 23665-НЧ / 02)

For example, if the amount of obligations under the contract for engineering surveys and preparation project documentation does not exceed 25 million rubles, the company must contribute at least 150 thousand rubles to the fund.

Now it does not matter whether the SRO has established a requirement for civil liability insurance or not. It does not affect the amount of contributions.

The new contributions are in the table on page 69.

The formation of a fund for compensation for harm implies the joint and several liability of the SRO. And the formation of a fund of contractual obligations is a subsidiary responsibility.

Joint and several liability is when the creditor can present a claim against any of the joint and several debtors in any amount within the amount of the obligation.

Subsidiary liability is additional in nature and is possible only when the principal debtor fails to fulfill his obligation.

The self-regulatory organization was forbidden to exempt its members from making contributions. It also accepts installment payments. SRO members must pay contributions for themselves - third parties cannot (clause 3 of article 55.16 of the Town Planning Code of the Russian Federation, is already in force).

If the compensation fund due to the payment of compensation to victims becomes lower minimum size, members of the SRO must replenish it to the amount that the SRO has established by internal documents. That is, within three months to make additional contributions (clause 6, article 55.16 of the Town Planning Code of the Russian Federation, is already in force).

A company or an entrepreneur, because of which the SRO had to fork out, may no longer be accepted into any SRO (subclause 1, clause 9, article 55.6 of the Town Planning Code of the Russian Federation in a new edition). *

* of the previous version of the code, the minimum amount of contributions to the compensation fund is set only for work on the organization of construction and the organization of the preparation of project documentation (clauses 6, 7 of article 55.15 of the Urban Planning Code).

Register of specialists

A national register of construction professionals will appear.

These are citizens who have the right on the basis of employment contract perform engineering surveys, participate in the preparation of project documentation, construction and overhaul as a chief engineer or chief architect. They must have the necessary education, experience and length of service (clause 6 of article 55.5-1 of the Town Planning Code in the new edition). To be included in the register, they must apply to the National Association of Self-Regulatory Organizations.

The presence of such specialists in the state will be a condition for joining the SRO (subclause 4, clause 2, article 55.6 of the Town Planning Code of the Russian Federation in a new edition).

Control

A mandatory internal document of any SRO will be a document on the procedure for handling complaints and other appeals. For each complaint, she will be required to make a decision. That is, the SRO will focus not on issuing permits, but on ensuring the quality of construction and correcting deficiencies.

SROs will annually check those who work under a state contract

The SRO will check each year whether the declared amounts of the planned state contracts correspond to the amounts paid to the compensation fund for securing contractual obligations. And if the commitment level is exceeded, the companies will issue a warning. Within five days, she is obliged to pay additional contributions (clause 7, article 55.8, article 55.13 of the Town Planning Code of the Russian Federation in a new edition).

For disobedience and other violations, the company will first be punished with disciplinary action. For example, the right to perform work will be temporarily suspended, and then expelled. You can only join the SRO again after a year.”

Question. Changes made to Article 55.16 of the Town Planning Code Russian Federation in terms of new amounts of contributions to the compensation fund of a self-regulatory organization, entered into force on 04.07.2016. Is the self-regulatory organization entitled to apply the new amount of contributions from the specified date?

Answer. Parts 10-13 of Article 55.16 of the Town Planning Code of the Russian Federation (as amended on July 3, 2016, hereinafter referred to as the Code) establish the minimum contribution to the compensation fund (compensation funds) of a self-regulatory organization. In accordance with paragraph 5 of Article 55.10 of the Code to the exclusive competence general meeting members of a self-regulatory organization, the issue of establishing the amount of contributions to the compensation fund of a self-regulatory organization is referred. At the same time, the amount of contributions to the compensation fund of a self-regulatory organization is established in an amount not lower than the minimum amount of contributions to the compensation fund of a self-regulatory organization, provided for in Article 55.16 of the Code. Thus, the Code, by establishing the minimum amount of contribution to the compensation fund, imposes on the self-regulatory organization the obligation to determine its actual amount payable.

In connection with the above, contributions are subject to payment in the amount established by the general meeting of members of the self-regulatory organization. The reduction by the legislator of the minimum amount of contribution to the compensation fund of the self-regulatory organization does not cancel and does not invalidate the decisions taken earlier by the self-regulatory organization in this part.

In addition, please note that, in accordance with part 14 of Article 55.5 of the Town Planning Code of the Russian Federation, a self-regulatory organization must send documents, changes made to documents, and decisions adopted by the general meeting of members of a self-regulatory organization to the supervisory authority for self-regulatory organizations in order to change the information contained state register of self-regulatory organizations. Information about the documents of a self-regulatory organization, in respect of which a decision has been made to amend the information contained in the state register of self-regulatory organizations, on the day such a decision is made, is posted on the official website of Rostechnadzor in the information and telecommunications network "Internet" in the section "state register of self-regulatory organizations" and is available for review on the tab "Standards and Rules of the SRO" in relation to each self-regulatory organization.

Question. When and to what extent is a self-regulatory organization obliged to place the funds of the compensation fund of the self-regulatory organization, formed in accordance with Articles 55.4 and 55.16 of the Town Planning Code of the Russian Federation, on a special bank account opened with a Russian credit institution?

Answer. According to part 2 of article 3.3 federal law dated December 29, 2004 No. 191-FZ “On the Enactment of the Town Planning Code of the Russian Federation”, a self-regulatory organization in the field of engineering surveys, architectural and construction design, construction, reconstruction, overhaul of capital construction projects is obliged to place compensatory funds before November 1, 2016 fund of a self-regulatory organization formed in accordance with Articles 55.4 and 55.16 of the Town Planning Code of the Russian Federation, on a special bank account opened with a Russian credit institution that meets the requirements established by the Government of the Russian Federation, as well as within seven calendar days from the date of placement of such funds, notify the supervisory authority for self-regulatory organizations, and the National Association of Self-Regulatory Organizations, of which such a self-regulatory organization is a member, with a document (extract) on the funds of the compensation fund of a self-regulatory organization issued by such a credit institution in the form established by the Bank of Russia .

The size of the compensation fund should be calculated as of the date of placement of funds with the credit institution, based on the total number of members of the self-regulatory organization, including excluded ones, and the amount of the contribution to the compensation fund of the self-regulatory organization paid by each legal entity and individual entrepreneur who is or was a member of this self-regulatory organization, starting from the date of entering information about it in the state register of self-regulatory organizations.

Question. How are the compensation funds for compensation for harm and securing contractual obligations formed? Who decides on their formation?

Answer. Compensation funds for damages and securing contractual obligations are formed taking into account the requirements of Articles 55.4 and 55.16 of the Town Planning Code of the Russian Federation.

The procedure for the formation of compensation funds in accordance with clause 5 of part 55.10 of the Town Planning Code of the Russian Federation is the exclusive competence of the general meeting of members of the self-regulatory organization.

At the same time, the decision to form a compensation fund to ensure contractual obligations in accordance with parts 2 and 4 of Article 55.4 of the Town Planning Code of the Russian Federation is taken by the collegiate governing body of the self-regulatory organization based on the appropriate number of applications received from members of the self-regulatory organization about the intention to participate in the conclusion of contracts for engineering surveys , for the preparation of project documentation using competitive methods of concluding contracts, on the intention to take part in the conclusion of construction contracts using competitive methods of concluding contracts.

It should also be taken into account that according to Part 10 of Article 3.3 of Federal Law No. 191-FZ of December 29, 2004 “On the Enactment of the Town Planning Code of the Russian Federation”, the size of the compensation fund for damages and the compensation fund for ensuring contractual obligations are determined by a non-profit organization that has the status of a self-regulatory organization, on the basis of documents submitted by its members, taking into account the contributions made by them to the compensation fund of such a non-profit organization, as well as taking into account the contributions made by previously excluded members of the self-regulatory organization and members of the self-regulatory organization who voluntarily terminated their membership, contributions transferred by other self-regulatory organizations for members who have voluntarily terminated their membership, and income received from the placement of funds from the compensation fund of such a non-profit organization.

Part 12 of this article establishes that the funds of the compensation fund of the self-regulatory organization contributed by previously excluded members and members who voluntarily terminated membership in the self-regulatory organization, income received from the placement of the funds of the compensation fund, are credited to the compensation fund for securing contractual obligations, and if not a decision was made to form such a fund, into a compensation fund for harm, except for the case of transferring a contribution to the compensation fund of a legal entity, an individual entrepreneur who voluntarily terminated their membership in a self-regulatory organization in order to transfer to another self-regulatory organization at the place of registration of such a legal entity or individual entrepreneur.

Question. The legal entity is a member of a self-regulatory organization based on the membership of persons engaged in construction, reconstruction and overhaul capital construction projects, and has the right to take part in the conclusion of construction contracts using competitive methods of concluding contracts (the third level of responsibility). However, for certain reasons, this entity for a long time does not participate in the conclusion of state and municipal contracts. Is the self-regulatory organization entitled to release him from the obligation to replenish the compensation fund for securing contractual obligations in case of its decrease due to the occurrence of a payment event?

Answer. In accordance with part 8 of Article 55.16 of the Code, if the reduction in the size of the compensation fund for securing contractual obligations arose as a result of making payments from the funds of such compensation fund in accordance with Article 60.1 of the Code, a member of a self-regulatory organization, due to non-fulfillment or improper fulfillment of the obligations of a construction contract such payments were made, and also other members of the self-regulatory organization who made contributions to such a compensation fund must make contributions to the compensation fund for securing contractual obligations within three months from the date of making the said payments.

Thus, the legislation does not provide for the possibility of releasing a member of a self-regulatory organization who has not been participating in the conclusion of construction contracts using competitive methods of concluding contracts for a long time from the obligation to replenish the compensation fund for ensuring contractual obligations in the event of a decrease in its size as a result of making payments in accordance with Article 60.1 Code.

Question. Is a self-regulatory organization entitled to transfer income received from the placement of funds from the compensation fund of the self-regulatory organization as a payment of part of the contributions for members of the self-regulatory organization to the compensation funds of the self-regulatory organization. Is such a decision of the general meeting, adopted in March 2017, legal?

Answer: In accordance with Part 11.1 of Article 3.3 of the Federal Law of December 29, 2004 No. 191-FZ "On the Enactment of the Town Planning Code of the Russian Federation" (hereinafter - Federal Law No. 191-FZ) non-profit organization having the status of a self-regulatory organization, if there is a statement from a member of such a non-profit organization about the intention to take part in the conclusion of contracts for the performance of engineering surveys, for the preparation of project documentation, construction contracts using competitive methods for determining suppliers (contractors, performers) in accordance with the legislation of the Russian Federation Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs, the legislation of the Russian Federation on the procurement of goods, works, services certain types legal entities or in other cases based on the results of bidding (tenders, auctions), if in accordance with the legislation of the Russian Federation the holding of bidding (tenders, auctions) for the conclusion of relevant contracts is mandatory, is obliged to use the income received from the placement of funds of the compensation fund of a self-regulatory organization formed by until July 4, 2016, and placed on special bank accounts opened with Russian credit institutions that meet the requirements established by the Government of the Russian Federation, as a contribution (part of the contribution) of a member of such a non-profit organization to the compensation fund for securing contractual obligations in proportion to the amount of the contribution previously made by him to the compensation fund of a self-regulatory organization.

Given that when distributing income received from the placement of funds of the compensation fund of a self-regulatory organization as a contribution (part of the contribution) of a member of such a non-profit organization to the compensation fund for ensuring contractual obligations, the direct interests of the members of the self-regulatory organization are affected, in order to avoid conflict situations, it is advisable to decide on the distribution income to be adopted by the general meeting of members of the self-regulatory organization.

Part 11.1 of Article 3.3 was introduced by Federal Law No. 126-FZ of June 18, 2017 “On Amendments to Article 55.2 of the Town Planning Code of the Russian Federation and Article 3.3 of the Federal Law “On Enactment of the Town Planning Code of the Russian Federation” and entered into force on June 18, 2017. Thus, prior to this date, the self-regulatory organization was not entitled to distribute income received from the placement of the funds of the compensation fund of the self-regulatory organization as a contribution (part of the contribution) of a member to the compensation fund for securing contractual obligations.

Question. Is it possible, in case of loss of part of the compensation funds, to make a decision on the transfer of membership fees to replenish the compensation fund in order to form the corresponding compensation funds by 07/01/2017?

Answer. Parts 6 - 9 of Article 55.16 of the Town Planning Code of the Russian Federation establish the grounds for the obligation to make contributions to the compensation fund in the event of a decrease in its size. At the same time, the requirements of part 10 of Article 55.16-1 of the Code should be taken into account, according to which the period for the return of funds from the assets specified in this article should not exceed ten working days from the moment the need arises to make payments from the compensation fund.

The special norm of part 10 of article 3.3. Federal Law No. 191-FZ of December 29, 2004 “On the Enactment of the Town Planning Code of the Russian Federation” (hereinafter referred to as Federal Law No. 191-FZ of December 29, 2004) establishes that the size of the compensation fund for damages and the compensation fund for securing contractual obligations are determined by a non-commercial an organization that has the status of a self-regulatory organization, on the basis of documents submitted by its members, taking into account the contributions they have previously made to the compensation fund of such a non-profit organization, as well as taking into account the contributions made by previously excluded members of the self-regulatory organization and members of the self-regulatory organization who voluntarily terminated their membership in it , contributions transferred by other self-regulatory organizations for members who voluntarily terminate their membership, and income received from the placement of funds from the compensation fund of such a non-profit organization.

Thus, the formation of compensation funds in accordance with part 9 of Article 3.3. Federal Law No. 191-FZ of December 29, 2004 must be carried out taking into account the above requirements.

Question. Considering that 2 compensation funds are created in the SRO - BB or ODO, can Building company have different levels of responsibility, for example, 2nd level of responsibility for compensation of harm and 3rd level of responsibility when participating in the formation of the KF ODO?

Answer. The Town Planning Code of the Russian Federation does not establish restrictions regarding the establishment of various levels of responsibility. The level of liability depends on the amount of the contribution made to the relevant compensation fund.

Question. Solution collegiate body on the beginning of the formation of a compensation fund for securing contractual obligations should be taken before the decision of the general meeting on the approval of the regulation on the compensation fund for securing contractual obligations or does one depend on the other?

Answer. If the self-regulatory organization has received a sufficient number of statements of intent to take part in the conclusion of construction contracts using competitive methods of concluding contracts, first a decision is made to start the formation of such a fund, and then a decision of the general meeting is made to establish the minimum amount of contribution to the compensation fund and the Regulations on the Compensation Fund for Ensuring Contractual Obligations are approved.

Question. Can a legal entity that is a member of a self-regulatory organization, after 07/01/2017, count on its remaining contribution to the compensation fund when the level of responsibility increases?

Answer. The right to redistribute the previously made contribution to the compensation fund is granted by part 13 of Article 3.3 of the Federal Law of December 29, 2004 No. 191-ФЗ “On the Enactment of the Town Planning Code of the Russian Federation” only to those members of the self-regulatory organization who voluntarily terminated their membership in the self-regulatory organization in order to transfer to another self-regulatory organization at the place of registration of such a legal entity or individual entrepreneur and after 07/01/2017, but not later than 09/01/2017, submitted an application to the self-regulatory organization, membership in which was terminated by such legal entity, individual entrepreneur in accordance with this article, about transferring the contribution to the compensation fund previously made by such persons to the self-regulatory organization into which such a legal entity, individual entrepreneur is transferred.

Question. A legal entity, no matter for what reasons, terminated its membership in a self-regulatory organization. Is it possible, upon re-entry, to make a decision by the general meeting of members to offset his previous contribution against the new one?

Answer. According to part 3 of article 55.16 of the Town Planning Code of the Russian Federation, it is not allowed to release a member of a self-regulatory organization from the obligation to make a contribution to the compensation fund for compensation for harm, including through his claims against a self-regulatory organization, as well as to release a member of a self-regulatory organization who has submitted an application of intent to participate in conclusion of contracts for the performance of engineering surveys, preparation of project documentation, construction contracts using competitive methods of concluding contracts, from the obligation to make a contribution to the compensation fund to ensure contractual obligations if the self-regulatory organization decides to form such a compensation fund.

Question. Can a member of a self-regulatory organization who has made a contribution of 150,000 rubles to the compensation fund of the self-regulatory organization and established for himself the 1st level of liability for compensation for harm with a contribution to the compensation fund for compensation of harm 50,000 rubles, after 07/01/2017 use the balance of 100,000 rubles and make a decision to transfer them to the compensation fund for securing contractual obligations?

Answer. According to Part 9 of Article 3.3 of Federal Law No. 191-FZ dated December 29, 2004 “On the Enactment of the Town Planning Code of the Russian Federation”, compensation funds for damages and securing contractual obligations must be formed by July 1, 2017, taking into account Part 10 of this Article, which establishes the distribution procedure previously made contributions. Thus, if a member of a self-regulatory organization before 07/01/2017 has not decided on participation in the formation of a compensation fund for contractual relations, then after 07/01/2017 he will not be able to use the balance of the previously made contribution and will have to pay a contribution to the compensation fund for securing contractual obligations on a universal basis.

Question. Can a self-regulatory organization have several special accounts for placing funds from the compensation fund for securing contractual obligations?

Answer. The Town Planning Code of the Russian Federation does not establish restrictions on the opening of several special accounts for the placement of funds from the compensation fund (compensation funds) of a self-regulatory organization. Please note that according to part 2 of article 55.16-1 of the Code, special bank account agreements are open-ended.

Question. Can a self-regulatory organization change a credit organization? Does the bank have the right to refuse to transfer funds? The new bank at the same time meets the requirements established by the Government of the Russian Federation.

Answer. According to part 2 of article 55.16-1 of the Town Planning Code of the Russian Federation (hereinafter referred to as the Code), special bank account agreements are open-ended. At the same time, in accordance with paragraph 5.1 of Article 55.10 of the Code, making a decision on the placement of funds from the compensation fund for compensation for harm and the compensation fund for ensuring contractual obligations is the exclusive competence of the general meeting of members of the self-regulatory organization. The grounds for the transfer by a credit institution of compensation funds are established by Parts 4 and 5 of Article 55.16 of the Code.

Question. Is it possible to summarize contributions to the compensation fund in case of reorganization of members of a self-regulatory organization?

Answer. Part 1 of Article 57 Civil Code The Russian Federation has established the following forms of reorganization of a legal entity: merger, accession, division, separation, transformation.

Only when a legal entity is reorganized in the form of transformation, the rights and obligations of the reorganized legal entity in relation to other persons do not change. These changes require the self-regulatory organization, of which this legal entity is a member, to make appropriate changes to the register of members of this self-regulatory organization, including on the official website, and send relevant information to the national association of self-regulatory organizations in accordance with the requirements of Article 55.17 of the Town Planning Code of the Russian Federation (hereinafter referred to as the Code). In all other cases of reorganization (merger, accession, division, spin-off), succession issues are regulated depending on the specific forms and conditions of reorganization.

In some cases, the reorganization ends with the termination of legal entities, including in the form of a merger (Article 53 of Federal Law No. 14-FZ of February 8, 1998 “On Companies with limited liability”, Article 17 of the Federal Law of December 26, 1995 No. 208-FZ “On joint-stock companies”), which recognizes the creation of a new company with the transfer to it of all the rights and obligations of two or more companies and the termination of the latter. Also, when legal entities are reorganized in the form of affiliation, the merging legal entity is terminated.

An entry is made on the termination of legal entities in the Unified State Register of Legal Entities.

According to Rostekhnadzor, the termination of a legal entity entails exclusion from the membership of the self-regulatory organization.

In accordance with Part 5 of Article 55.7 of the Code, a person who has terminated membership in a self-regulatory organization shall not be refunded the paid entry fee, membership fees and contribution (contributions) to the compensation fund (compensation funds) of the self-regulatory organization.

A legal entity created by the merger of two or more legal entities, or a legal entity joined by another legal entity and not previously a member of a self-regulatory organization, in order to obtain the right to perform work under contracts for engineering surveys, preparation of project documentation, under contracts a construction contract concluded with a developer, a technical customer, a person responsible for the operation of a building, structure, a regional operator or a person who, in accordance with the Land Code of the Russian Federation, has received permission to use land or a land plot that is in state or municipal ownership to perform engineering research, must join a self-regulatory organization and comply with the requirements of Article 55.6 and Article 55.8 of the Code, including in terms of paying a contribution to the compensation fund (compensation funds) of the self-regulatory organization in accordance with the declared level of responsibility.

Question. In what terms did the self-regulatory organization have to make a decision on the distribution of income in accordance with Federal Law No. 126-FZ of June 18, 2017?

Answer. According to Part 9 of Article 3.3 of Federal Law No. 191-FZ of December 29, 2004 "On the Enactment of the Town Planning Code of the Russian Federation" (hereinafter referred to as Federal Law No. 191-FZ), a non-profit organization with the status of a self-regulatory organization based on membership of persons performing engineering research and meeting the requirements established by parts 1 - 2 of article 55.4 of the Town Planning Code of the Russian Federation (hereinafter referred to as the Code), based on the applications of its members no later than 07/01/2017, was obliged to form a compensation fund for damages in accordance with part 10 of article 55.16 of the Code, and in in cases established by part 2 of Article 55.4 of the Code - a compensation fund for securing contractual obligations in accordance with part 11 of Article 55.16 of the Code.

When forming these funds, it was necessary to be guided by the requirements established, among other things, by Parts 10 and 12 of Article 3.3 of Federal Law No. 191-FZ.

In accordance with Part 11.1 of Article 3.3 of Federal Law No. 191-FZ, a non-profit organization with the status of a self-regulatory organization is obliged to use income received from the placement of funds from the compensation fund of a self-regulatory organization formed before 07/04/2016 and placed on special bank accounts opened in Russian credit institutions that meet the requirements established by the Government of the Russian Federation as a contribution (part of the contribution) of a member of such a non-profit organization to the compensation fund for securing contractual obligations in proportion to the amount of the contribution previously made by him to the compensation fund of the self-regulatory organization.

Given the above, the decision to use the income received from the placement of the compensation fund of the self-regulatory organization, formed before 07/04/2016 as part of the contribution of a member of the self-regulatory organization to the compensation fund for securing contractual obligations, should have been made authorized body self-regulatory organization within the period established by Part 9 of Article 3.3 of Federal Law No. 191-FZ.

Question. In a self-regulatory organization, one of the measures of disciplinary action is a fine, which, in accordance with adopted internal documents, is credited either to the compensation fund for compensation for harm or to the compensation fund for ensuring contractual obligations. From what means should a self-regulatory organization pay tax on profits from incoming fines?

Answer. The powers of Rostechnadzor do not include clarification of the requirements of the legislation on taxes and fees, however, we believe it appropriate to note the position of Rostechnadzor on the issue under consideration.

In accordance with Part 9 of Article 10 of the Federal Law of December 1, 2007 No. 315-FZ “On Self-Regulatory Organizations” cash received by a self-regulatory organization as a result of imposing a fine on a member of a self-regulatory organization in accordance with this article, shall be credited to the compensation fund of the self-regulatory organization. Thus, if a self-regulatory organization establishes a disciplinary measure in the form of a fine, the incoming funds from the payment of fines are one of the sources for the formation of an appropriate compensation fund.

Clause 4 of Part 4 and Clause 4 of Part 5 of Article 55.16 of the Town Planning Code of the Russian Federation provide for the payment of corporate income tax calculated on income received from the placement of funds from the relevant compensation fund in special accounts with credit institutions, formed in accordance with the procedure established by law, including taking into account the funds received from the payment of fines.

According to the position of the Ministry of Finance of Russia on the issue under consideration, Chapter 25 “Corporate Income Tax” of the Tax Code of the Russian Federation (hereinafter referred to as the Tax Code of the Russian Federation) does not contain provisions establishing the specifics of the payment by a self-regulatory organization of income tax on income in the form of fines from members of this self-regulatory organization.

In this regard, the payment of profit tax by a self-regulatory organization is carried out in the manner prescribed by Article 287 of the Tax Code of the Russian Federation. The provisions of this article do not link the source of payment of income tax depending on the income received.

All self-regulatory organizations are required to have their own compensation fund. To understand what a compensation fund is in an SRO and with all the conditions regarding the formation of such a fund and its functioning, you can open the Town Planning Code of the Russian Federation and read the stipulated rules.

The value of the compensation fund

The entire value of the compensation fund (CF) can only be determined by the organization itself, and only after that all this can be recorded and legalized in the constituent documents regarding obtaining SRO approval. But the compensation fund itself must be no less than the amount specified in the legislation. The very size of this fund may depend on the way of activity of all enterprises and firms that are part of this self-regulatory organization. Naturally, the requirements for the compensation fund in this case will be different.

Contribution to the SRO compensation fund

All participants in this self-regulatory organization must pay a certain contribution to the SRO compensation fund. Such a fee must be made every month, but the entrance fee itself is determined at a meeting of SRO members. In building self-regulatory organizations, the amount of the entire compensation fund must be at least 1 million rubles for each of its members. In such architectural and construction organizations and engineering amounts are different: for each member - no less than 500 thousand rubles.

This amount is set in order to be able to pay material damage in the event of a situation where the company violated the safety of construction sites during the work. In the event that an enterprise is building an object whose cost is estimated at more than 10 billion rubles, the size of the compensation fund itself should be no less than 30 million rubles. The Compensation Fund cannot spend its money on any other needs than those provided for by the Code. But there are exceptions, which are also prescribed and approved by law.

Where can the money from the SRO compensation fund be spent?

In addition to payments material damage in the event of a security breach during construction work, the fund's money can be spent on the following needs:
to expand and maintain the compensation fund;
for the return of the SRO compensation fund in case of their erroneous transfer;
if any of the members of the self-regulatory organization caused damage by their wrong actions, the fund compensates for this damage

Although all funds are kept in deposits for the possibility of their increase and safety, but, if necessary, the above payments, this is done within ten days.

Refund from CF

The legislation does not provide for a refund of the contribution upon withdrawal from the SRO. This means that any company or organization that decides to terminate its membership in a self-regulatory organization may not receive a refund of its contributions.

In fact, the return of the compensation fund upon withdrawal from the SRO can be achieved by a court decision. If liquidation (or self-liquidation) of the SRO occurs, then the entire compensation fund is transferred to the disposal of the following National organizations: NOSTROY, NOIZ or NOP.

In this case, there are mandatory payments to companies that were part of the liquidated SRO.

Hello. Today we will talk about contributions to the SRO.

Currently, organizations engaged in construction, various surveys, and design of large facilities cannot carry out their activities if they do not have access to work.

If the organization, contrary to this, carries out its activities, this is a direct violation of the requirements of the law.

What does SRO mean

SRO is a non-profit organization that brings together entities leading entrepreneurial activity in a specific industry. For example, construction services, appraisals, etc. Read more about.

What is the meaning of contributions

Contributions to the SRO is a prerequisite for becoming a member of the organization. These payments can be divided into two categories: lump-sum payments and regular payments. Their size directly depends on what work will be allowed to be performed in the future.

Important information: The membership fee is a regular payment!

Admission cost

The size of the cost of admission depends not only on the scope of the company, but also on what list of works the organization plans to produce in the future.

It is not at all easy for companies that are relatively new to the market to join an SRO, since they have to pay a tidy sum for this. If you look from the other side, this allows you to immediately cut off non-professionals.

So, the cost of admission includes:

Contribution to the compensation fund;
Entrance fee;
Monthly membership fees;
Civil liability insurance.

What contributions need to be made

The legislation provides for several types of contributions, namely:

Fee for ;
Membership fee;
to the compensation fund;
For certain purposes (implementation of programs, actions, etc.);
Done voluntarily.

In addition, each contribution has its own term and amount of payment.

So, let's dwell on each of them in more detail.

Fee for joining the SRO - paid only once. The amount of payment in this case is not specified specifically and depends on the governing bodies of the SRO. Moreover, its size differs depending on the type of activity of the company.

Membership fee - is a regular payment, paid quarterly. The SRO independently sets its size. With the help of membership fees, the costs of SROs for renting premises, paperwork, and so on are covered.

It's worth saying that failure to pay membership dues threatened with disciplinary action. If non-payment occurs periodically, this may be the basis for exclusion from the SRO.

Compensation contribution to the SRO - it is he who allows the SRO to vouch for the quality level of the work performed by its participants. If the company, which is a member of the SRO, performed work at a low level, the customer has the right to demand compensation from the SRO. The amount of payment in this case will be proportional to the amount of the concluded contract.

As for the amount of such a contribution, its size can range from 150 thousand to one and a half million rubles (for a company involved in design and survey).

For specific purposes (target) - payment is mandatory, but at the same time it is paid irregularly. Its volume and time of application are determined management team SRO.

Carried out voluntarily is such a payment, the decision to make which is made only by the SRO participant. If he clearly indicates what these funds should be spent on, then they cannot be used in another way.

The amounts and terms of making such payments are not regulated by the documents.

It's important to know: regardless of the reason for which the membership in the SRO was terminated, funds already deposited will not be returned.

Consequences of non-payment of contributions

If an SRO member fails to pay necessary contributions, his admission may be revoked, and the activities of the organization may be suspended altogether.

Additional funds

Some SROs provide for so-called additional contributions. They are paid annually and all members of the SRO are required to pay them.

In conclusion, it should be said: The procedure for joining the SRO is a rather laborious process. To do this, you need to collect the entire package required documents make all necessary contributions.

Also, when choosing an SRO for entry, you should pay attention to the presence additional contributions to avoid unnecessary financial costs.