Any professional activity is carried out licensed, that is, obtaining a license, as a rule, means admission to the performance of certain works and is a kind of guarantee of their high-quality and conscientious performance.
Until recently, this was an indisputable rule, but with the introduction of the law “On Self-Regulating Organizations”, licensing was abolished for enterprises and persons engaged in engineering surveys, design, architectural, construction, repair, audit and
appraisal activities and other works provided for by applicable law. Today, the right to carry out such types of activities is given to companies that have received membership in SROs. The benefits and subtleties of membership in this organization will be described in this publication.
What is SRO
A legislatively self-regulatory organization is defined as a non-profit structure based on the membership of companies and businessmen performing work in certain areas and developing standards and specialized rules, and subsequently overseeing their strict observance. Information about the SRO must be entered in the state register. Therefore, preceding the appeal directly to the SRO for registration of membership in the organization, you should familiarize yourself with the information posted on the federal resource, for example, finding out the list of associations with the types of work for which admission is required.
SRO activities
A self-regulatory organization ensures the property responsibility of each member to customers and consumers of services / goods. This means that when making claims on the quality of services, there is the possibility of payments from the compensation fund of the association.
The purpose of creating SROs is that, by combining companies, private entrepreneurs and citizens working in a certain field, they perform the following tasks:
• monitor compliance with obligations to consumers;
• resolve conflicts arising in the manufacturing sector;
• make payments from the CF of the organization;
• Disciplinary action for violations of requirements.
That is, these associations, controlling the activities of members of the organization, promptly respond when a conflict arises or a customer claims are received, thus controlling enterprises is the prerogative of an association of entrepreneurs, not the state: it controls the reliability of information about self-regulatory organizations in a single state register.
Rules and requirements upon entry into SRO
The legislation defines the conditions for admission to the organization. It can be entered by domestic and foreign companies and businessmen, carrying out activities that require permission to work. Documents required for entry:
• application for admission - it lists the types of work for the production of which approval is required;
• a copy of the extract from the state register confirming the existence and functioning of the company or individual entrepreneur;
• copies of constituent documents of the company;
• letter of guarantee with the submitted payment schedule;
• certificate-list of specialists available in the company, documents confirming their qualifications, diplomas, work books, labor contracts and work insurance contracts;
• documents confirming compliance of the company with SRO requirements - such requirements are developed and approved by a self-governing organization, they list conditions and requirements (for example, the number of employees, qualifications, work experience, the amount of the authorized capital or the size of the company’s assets, etc.) .
The decision on acceptance or rejection of the applicant is determined by the SRO within 1 month from the date of transfer of the documents. If the membership in the SRO is approved by a confirmation decision, then the admission document is issued within three days after it. A certificate can be issued only after payment of the fees - introductory and compensation fund.
Entry Features
Being obligatory in acquiring the right to work, these contributions become a guarantee of perpetual membership in the SRO. A certificate of it is issued without limitation of time and territorial scope.
Refusal of admission may be motivated by non-compliance with the necessary requirements of the law in the activities of the company or by existing membership in another SRO. Note that some self-regulatory organizations put forward a lump-sum payment of contributions as one of the conditions for acceptance, which, from the point of view of the law, is a violation.
A decision to refuse admission or to propose improper conditions for admission may be appealed to a court of arbitration.
The advantages of the work of SRO members
Membership in the SRO opens up the following opportunities:
• successful cooperation with members of the association;
• professional growth, raising the qualification level of personnel, and therefore, an overall improvement in the quality of work and their safety;
• obtaining relevant information on tenders for the distribution of orders (for example, in construction or design); participating in tenders, companies receive significant support and recommendations from their self-regulatory organization.
In addition, membership in an SRO becomes a kind of guarantee of responsibility. Customers prefer to work with members of reliable SROs, knowing that in the event of damage, they will receive compensation payments from KF and the insurance company.
SRO membership register
The registry is a list of nonprofit associations that have the appropriate status and are listed in the unified state register in the areas of activity where these associations are used as a mechanism of non-state regulation. Currently, there are lists of associations of builders, designers, thermal power engineers, survey enterprises, organizations and entrepreneurs engaged in arbitration management, audit, asset valuation, as well as credit cooperatives and microfinance companies. State registers of SROs are controlled by the executive power structures of the state.
Such a list allows you to find the necessary association on a federal resource and make sure that it really exists and is authorized to issue certificates for certain types of activities to its members.
Entering SRO Membership Information
So, self-regulatory organizations are officially registered in the state register, and information on membership in SROs is periodically updated.
This is state controlled. The basic information in the Unified Federal Register is made by the tax authorities, based on the information of the Unified State Register of Legal Entities and the Unified State Register of Enterprises and Entrepreneurs. However, the lawmakers stipulated the obligation to independently inform enterprises and entrepreneurs-members of SROs with posting information on a special resource.
From 01.10.2016, for each member of the association, the obligation to report to the EFRS (single federation “Information on membership in the SRO”) on the actual activities of enterprises, for example, on admitting to or leaving the organization, indicating the name of the company or F.I. .ABOUT. entrepreneur, their identification signs, as well as contact addresses. Information about the organization, its identifiers and types of work that may be carried out by its members are also recorded.
The procedure and timing for the transfer of information to the EFRS
The legislation defines a way by which users enter the necessary information into a single federal register of membership in SROs. This is an electronic message certified by an enhanced electronic signature (UEP). First you need to get the access key to the ES. The transfer of information about significant events to the SRO is a duty, and it must be carried out within the time period specified by law - 3 business days from the date when the user learned about a fait accompli.
In addition, we must remember that the transfer of information is carried out for a fee. Currently, its size is 805 rubles (including VAT) per entry.
Responsibility for violation of the law
Note that it is necessary not only to know how to enter information on membership in the SRO, but also to remember that ignoring the requirements of the law entails the emergence of administrative responsibility. Failure to provide or untimely (inaccurate) provision of information is fraught with the presentation of a fine to officials in the amount of 5 to 10 thousand rubles. Repeated violations will entail a more serious punishment - a fine of 10 to 50 thousand rubles. or disqualification of the association for up to 3 years.