Membership in SRO: all the advantages and nuances

Any professional activity is carried out licensed, i.e., obtaining a license, as a rule, means admission to the production of certain works and is a kind of guarantee for their qualitative and conscientious fulfillment. Until recently, this was an absolute rule, however, with the introduction of the law "On Self-Regulating Organizations", licensing was abolished for enterprises and persons engaged in engineering surveys, design, architectural and construction, repair, audit and appraisal activities and other works provided for by the current legislation. Today, the right to carry out such activities is given to companies that have received membership in the SRO. The present publication will tell about the advantages and subtleties of membership in this organization.

What is SRO

Legislatively self-regulating organization is defined as a non-profit structure based on the membership of companies and businessmen who carry out work in certain areas and develop standards and specialized rules, and subsequently supervise their strict observance. Information on SROs must be entered in the state register. Therefore, before 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, by finding out the list of associations with the types of works for which access is required.

SRO activity

Self-regulatory organization ensures the property responsibility of each of its members to customers and consumers of services / goods. This means that when making claims to the quality of services, it is possible to pay out of the compensation fund of the association. The purpose of creating SROs is that they, by uniting companies, IPs and citizens working in a certain field, perform the following tasks:

• control compliance with obligations to consumers;

• resolve conflicts arising in the production sphere;

• make payments from the CF of the organization;

• Disciplinary action in the event of violation of requirements.

That is, these associations, controlling the activities of the members of the organization, respond promptly in the event of conflict or receipt of the customer's claim statement, thus, control of enterprises is the prerogative of the association of entrepreneurs, not the state: it controls the reliability of information on SROs in a single state register.

Rules and requirements for joining the SRO

Legislation defines the conditions for admission to the organization. Enter it can domestic and foreign companies and businessmen who carry out activities that require permission to work. For entry, you need the following documents:

• application for admission - it lists the types of work, the production of which requires admission;

• a copy of the extract from the state register, confirming the existence and functioning of the company or IP;

• copies of the company's constituent documents;

• a letter of guarantee with the submitted payment schedule;

• certificate-list of specialists in the company, documents confirming their qualifications, diplomas, work books, labor contracts and work insurance contracts;

• documents confirming the compliance of the company with the requirements of the SRO - such requirements are developed and approved by the self-governing organization, they list the conditions and requirements (for example, the number of employees, qualifications, work experience, the size of the charter capital or the size of the firm's assets, etc.). .

The conclusion on admission or refusal to the applicant is determined by the SRO within 1 month from the date of the transfer of documents. If membership in the SRO is approved by the confirming decision, then the document on admission is issued within three days after it. Issue of a certificate can only after payment of contributions - the introductory and the compensation fund.

Features of the entry

Being obligatory in the acquisition of the right to work, these contributions become a guarantee of perpetual membership in SROs. The certificate of it is issued without restriction of time and territorial framework.

Refusal to admit may be motivated by inconsistency with the necessary requirements of the law in the company's activities or by the already existing membership in another SRO. It should be noted that some self-regulating organizations nominate a one-time payment of contributions as one of the conditions for admission, which, from the point of view of legislation, is a violation.

The decision to refuse admission or to nominate unlawful conditions at admission can be appealed in the arbitration court.

Advantages of SRO members

Membership in the SRO opens the following opportunities:

• successful cooperation with the members of the association;

• professional growth, raising the qualification level of the staff, and therefore, general improvement in the quality of work and their safety;

• Receiving up-to-date information on holding tenders for the allocation of orders (for example, in construction or design); Participating in the auctions, the companies receive weighty support and recommendations of their self-regulating organization.

In addition, membership in the SRO becomes a kind of guarantee of responsibility. Customers prefer to work with members of reliable SROs, knowing that in case of damage they will receive compensation payments from the CF and the insurance company.

Register of membership in SROs

The register is a list of associations of the non-commercial plan having the relevant status and registered in the single state register in the areas of the activities where these associations are used as a mechanism for non-state regulation. At present, there are lists of associations of builders, designers, heat-and-power engineers, survey enterprises, organizations and entrepreneurs involved in arbitration management, audit, asset valuation, and credit cooperatives and microfinance companies. State registers SRO are controlled by the executive power structures of the state.

Such a list allows you to find on the federal resource the necessary association and make sure that it really exists and is authorized to issue certificates for conducting certain activities to its members.

Entry of membership information into SROs

So, self-regulating organizations are officially registered in the state register, and information on membership in the SRO is periodically updated. It is controlled by the state. The main information in the Unified Federer is made by tax specialists, based on the information of the Unified State Register of Legal Entities and EGRIP. However, the legislators provided for the obligation of self-reporting by enterprises and entrepreneurs-members of the SRO with the posting of information on a special resource.

From 01.10.2016, for each member of the association, it is legally established that the obligation to report to the ERSF (a single federation resource "Information on membership in the SRO") on the actual activities of enterprises, for example, on admission to or exit from an 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 can be produced by its members are also entered.

The order and timing of the transfer of information to the ERSF

The legislation defines the way in which users contribute necessary information to a single federal register on membership in SROs. This is an electronic message, certified by a strengthened electronic signature (SES). Preliminary it is necessary to obtain the access key to the EP. The transfer of information on significant events in the SRO is a duty, and it must be performed within the time limits specified by law - 3 working days from the date when the user learned about the fait accompli.

In addition, we must remember that the transfer of information is carried out for a fee. At present, its size is 805 rubles (including VAT) per record.

Responsibility for violation of law

Note that it is necessary not only to know how to enter information about membership in SROs, but also to remember that ignoring the requirements of legislation entails the emergence of administrative responsibility. Failure to provide or untimely (unreliable) provision of information is fraught with a fine of 5 to 10 thousand rubles for officials. Repeated violations will entail a more serious punishment - a fine of 10 to 50 thousand rubles. Or disqualification of the association for a period of up to 3 years.