Any professional activity is licensed, i.e., obtaining a license, as a rule, means admission to the production of certain works and is a kind of guarantee of their high-quality and conscientious performance.
current legislation. Today, the right to carry out such activities is given to companies that have received membership in the SRO. This publication will tell about the advantages and intricacies of membership in this organization.
What is SRO
Legislatively, a self-regulatory organization is defined as a non-profit structure based on the membership of companies and businessmen who perform work in certain areas and develop standards and specialized rules, and subsequently supervise their strict observance. Information aboutSROs must be entered in the state register. Therefore, prior to applying 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 work that require permission.
SRO activities
A self-regulatory organization ensures the property liability of each of its members to customers and consumers of services / goods. This means that when making claims about 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 uniting companies, individual entrepreneurs and citizens working in a certain area, they perform the following tasks:
• monitor compliance with obligations to consumers;
• resolve conflicts in the workplace;
• make payments from the organization's CF;
• are subject to disciplinary action if violations of the requirements are allowed.
T. e. These associations, controlling the activities of members of the organization, respond promptly in the event of a conflict or receipt of a claim statement from the customer, thus, the control of enterprises is the prerogative of the association of entrepreneurs, and not the state: it controls the accuracy of information about SROs in the single state register.
Rules and requirements for joining the SRO
The legislation defines the conditions for admission to the organization. Enterit can be domestic and foreign companies and businessmen carrying out activities requiring a permit to work. Documents required for entry:
• application for admission - it lists the types of work for which permission is required;
• a copy of an extract from the state register, confirming the existence and functioning of the company or individual entrepreneur;
• copies of the company's founding documents;
• letter of guarantee with payment schedule presented;
• a certificate-list of specialists available in the company, documents confirming their qualifications, diplomas, work books, employment contracts and work insurance contracts;
• documents confirming the compliance of the company's activities with the requirements of the SRO - such requirements are developed and approved by a self-governing organization, they list the conditions and requirements (for example, to the number of personnel, qualifications, work experience, the size of the authorized capital or the size of the assets of the company and etc.).
The conclusion on acceptance or refusal to the applicant is determined by the SRO within 1 month from the date of transfer of documents. If membership in the SRO is approved by a confirming decision, then the admission document is issued within three days after it. They can issue a certificate only after paying the fees - the entrance fee and the compensation fund.
Intro Features
Being obligatory in acquiring the right to produce works, these contributions become a guarantee of perpetual membership in the SRO. The certificate of it is issued without limitation of time andterritorial limits.
Refusal to accept may be motivated by non-compliance with the necessary requirements of the law in the company's activities or already existing membership in another SRO. Note that some self-regulatory organizations put forward a one-time payment of fees as one of the conditions for admission, which, from the point of view of legislation, is a violation.
A decision to refuse admission or imposition of unlawful conditions upon admission may be appealed to an arbitration court.
Benefits of SRO members
SRO membership opens up the following opportunities:
• successful cooperation with members of the association;
• professional growth, staff development, and consequently, overall improvement in the quality of work and their safety;
• Obtaining up-to-date information on tenders for the distribution of orders (for example, in construction or design); by participating in the auction, companies receive significant support and recommendations from their self-regulatory organization.
Besides, 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 SRO membership
The register is a list of non-profit associations that have the appropriate status and are included in the unified state registerin 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 companies, organizations and entrepreneurs involved 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 the federal resource and make sure that it really exists and is authorized to issue certificates for conducting certain types of activities to its members.
Entering information about membership in the SRO
So, self-regulatory organizations are officially registered in the state register, and information about membership in the SRO is periodically updated.
This is government controlled. The main information is entered into the Unified Federal Register by the tax authorities, based on the information from the Unified State Register of Legal Entities and the EGRIP. However, legislators have provided for the obligation of self-informing enterprises and entrepreneurs-members of the SRO with the placement of information on a special resource.
Since 2016-01-10, each member of the association has been legally required to report to the EFRS (single federal resource "Information on membership in the SRO") about the actual activities of enterprises, for example, on admission to or withdrawal from the organization, indicating the name company or full name entrepreneur, their identificationsigns, as well as contact addresses. Information about the organization, its identifiers and types of work that can be performed by its members are also entered.
Procedure and timing of the transfer of information to the EFRS
The legislation defines the method by which users enter the necessary information into the unified federal register of membership in the SRO. This is an electronic message certified by an enhanced electronic signature (ESS). You must first obtain an access key to the ES. The transfer of information about significant events to the SRO is an obligation, and it must be carried out within the time limits specified by law - 3 business days from the date the user learned about the fait accompli.
In addition, we must remember that the transfer of information is carried out for a fee. Currently, it 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 about membership in the SRO, but also to remember that ignoring the requirements of the law entails administrative responsibility. Failure to provide or untimely (unreliable) provision of information is fraught with a fine in the amount 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 up to 3 years.
