Tip 1: How to exit SRO
Tip 1: How to exit SRO
The law requires membership in a self-regulatoryorganization for most construction organizations. But the list of types of work that are impossible without admission, is changing. Many firms find themselves in a situation where they no longer need membership in the SRO. However, the process of leaving the organization is poorly prescribed in the law.
Instructions
1
Study article 55.7 of the Town Planning Code of the Russian Federation. It provides that membership in the SRO discontinued either voluntarily or on offerboard, or because of the liquidation of a legal entity. Apply for voluntary withdrawal from the organization. The day of submitting the application is considered to be the day of release. To be sure, send the document by registered mail with a notice. All attempts to delay the decision to exclude your organization from membership SRO violate the Town Planning Code.
2
Demand refunds from the compensation fund SRO. To do this, your organization mustmeet three conditions. First, engage in work that was excluded from the list of those affecting the safety of capital construction projects before August 1, 2010. They were listed in the order of the Ministry of Regional Development. Secondly, your organization does not need admission to other types of work. And thirdly, you had to apply for withdrawal from the SRO at certain times, namely: not earlier than two and not later than six months from the date of exclusion of your work from the list of regulated.
3
Refer to ch.4, art. 3.2. Federal Law No. 191-FZ, when you encounter a misunderstanding in the board SRO. If your firm meets all three conditions, then the contribution to the compensation fund must be returned to you within ten days. The period is counted from the date of submission of the withdrawal application.
4
Prepare to go to court if your money refuses to return. Most SRO do not pay back contributions, although openlythis does not state. Compensation fund is a subsidiary liability, that is, payments on insurance cases are divided into all members. Ask for a report from your self-regulating organization how the money was spent. Calculate the value of your share in the total compensation fund and the percentage of the remaining amounts. Apply to the court to pay your money. Simultaneously send complaints to Rostekhnadzor and the National Association of Builders, which unites all non-profit partnerships in this sphere.
5
Eliminate your company and inform the self-regulatory organization. There they will automatically expel you from their members. But in this case, there is no question of any refund of contributions.
Tip 2: Is it possible to refinance a cooperative loan?
Credit refinancing is a changeconditions of the loan. Refinancing is used only in case of force majeure cases, which are connected with the impossibility to fulfill, all obligations taken to repay the principal debt together with interest. The refinancing procedure can only be carried out if both parties agree. To date, there is not only bank lending, but many of its varieties. For example, this type of loans, such as financial cooperatives.
Tip 3: How to apply SRO
Construction companies today have no right to carry out their activities without joining a self-regulatory organization (SRO). This organization gives permission for a certain type of activity of the company, regulates interaction between its participants, manages a common fund. For registration of membership in SRO The legislation provides for a number of steps. How to enter into SRO?
You will need
- - a package of documents provided for by legal and regulatory acts of a particular organization;
- - means for payment of membership fees.
Instructions
1
Please Select SRO in your city, which you want to join, and find out what kinds of activities are regulated by this organization, whether regulation falls under the spheres of interest of your company.
2
Decide on the list of works that will be performed by your company. To do this, conduct an audit of the company in order to document the activities of the company.
3
Hire a professional who has extensive experience in formalizing membership in the SRO and faces this sphere every day. It will help quickly and painlessly collect all the necessary documentation. After that, file a written application for membership SRO.
4
Collect the necessary documents, which are provided for by regulatory legal acts and the charter of the organization SRO.
5
Expect the verification of the package of documents by the Constituent Council SRO. The timing of verification of various self-regulatory organizations may be different.
6
Make a membership fee after the announcement of positive results and the decision to accept your construction company in SRO.