Union of self-regulatory organizations of arbitration managers. National Association of Self-Regulatory Organizations of Arbitration Managers registration number
1. Self-regulatory organizations of arbitration managers have the right to create associations self-regulatory organizations and be their members.
2. An association of self-regulatory organizations of qualified receivers, which includes more than fifty percent of all self-regulatory organizations, information about which is included in the unified state register of self-regulatory organizations of qualified receivers, has the right to acquire the status of a national association of self-regulatory organizations in the manner established by this federal law.
3. An association of self-regulatory organizations of qualified receivers acquires the status of a national association of self-regulatory organizations of qualified receivers from the date of inclusion of information about it in the unified state register of self-regulatory organizations of qualified receivers.
The body for control (supervision) includes information on the national association of self-regulatory organizations of qualified receivers in the unified state register of self-regulatory organizations of qualified receivers within three working days from the date of submission to this body following documents;
an application for the inclusion of information on the national association of self-regulatory organizations in the unified state register of self-regulatory organizations of arbitration managers with an attachment to the decision general meeting participants of the national association of self-regulatory organizations of arbitration managers on the approval of the said application;
certified by the association of self-regulatory organizations of arbitration managers copies of the constituent documents of such an association;
certified by the association of self-regulatory organizations of arbitration managers, copies of the applications of each member of such an association on joining such an association.
4. The body for control (supervision) refuses to include information about the national association of self-regulatory organizations of qualified receivers in the unified state register of self-regulatory organizations of qualified receivers if:
the unified state register of self-regulatory organizations of arbitration managers includes information on another national association of self-regulatory organizations of arbitration managers.
5. Membership of a self-regulatory organization in the national association of self-regulatory organizations of qualified receivers shall be terminated in the event of:
submission by a self-regulatory organization to the national association of self-regulatory organizations of qualified receivers of an application for withdrawal from this national association;
exclusion of a self-regulatory organization from the national association of self-regulatory organizations of arbitration managers on the grounds provided for by the charter of this national association.
6. The body for control (supervision) excludes information about the national association of self-regulatory organizations of qualified receivers from the unified state register of self-regulatory organizations of qualified receivers if:
the court or the authorized body of the national association of self-regulatory organizations of qualified receivers made a decision on its liquidation;
the number of members of the national association of self-regulatory organizations of arbitration managers will be less than fifty percent of all self-regulatory organizations, information about which is included in the unified state register of self-regulatory organizations of arbitration managers, at the request of this association, as well as at the request of any self-regulatory organization that is not a member of this association, filed not earlier than six months from the date of occurrence of the specified circumstance.
7. In the national association of self-regulatory organizations of qualified receivers, a collective management body is formed, which must include representatives of self-regulatory organizations that are members of the national association of self-regulatory organizations, as well as one representative each from the control (supervision) body and the regulatory body.
Independent Experts, representatives of scientific, educational, public organizations who are not representatives of self-regulatory organizations should be no more than twenty-five percent of the composition collegiate body management of the national association of self-regulatory organizations of arbitration managers.
8. A self-regulatory organization of qualified receivers, information about which is included in the unified state register of self-regulatory organizations of qualified receivers, cannot be denied admission to the national association of self-regulatory organizations of qualified receivers, except if such a self-regulatory organization was excluded from the membership of this national association and less than two years had elapsed since the date of its exclusion.
9. National association self-regulatory organizations of arbitration managers have the right to:
Develop federal standards;
develop a unified training program for arbitration managers;
represent the interests of self-regulatory organizations in their relations with authorities state power Russian Federation, public authorities of the constituent entities of the Russian Federation, local authorities;
protect the rights and legitimate interests of self-regulatory organizations of arbitration managers;
appeal to judicial order acts and actions of public authorities of the Russian Federation, public authorities of the constituent entities of the Russian Federation, local governments and their officials that violate the rights and legitimate interests of any self-regulatory organization or group of self-regulatory organizations;
involve in the discussion of legal, economic, social problems activities of arbitration managers unions, associations, associations of legal entities and individual entrepreneurs, other organizations;
to form proposals for improving the legal and economic regulation of the activities of arbitration managers;
exchange information and hold joint events with interested Russian legal entities, international organizations, foreign organizations, foreign scientists and specialists;
send representatives to participate in admissions committees theory exam on single program preparation of arbitration managers;
send representatives to participate in the work liquidation commissions self-regulating organizations;
exercise other powers corresponding to the purposes of its activity.
10. The national association of self-regulatory organizations of arbitration managers is obliged to:
ensure the safety of the compensation funds of self-regulatory organizations transferred to it in accordance with Article 25.1 of this Federal Law and carry out compensation payments of them in connection with compensation for losses caused by arbitration managers - members of self-regulatory organizations, persons participating in a bankruptcy case, or other persons;
establish a list mandatory information, included by the self-regulatory organization in the register of arbitration managers, and the procedure for maintaining such a register by the self-regulatory organization;
(see text in previous edition)
establish the procedure and frequency of collection, processing and storage by self-regulatory organizations of information about the activities of their members;
How do you feel about the rejection of self-regulation and the return of the institution of licensing in the construction industry?
From 04/07/2017 to 05/12/2017
For maintaining self-regulation as it exists in this moment 0% (0)
For maintaining self-regulation, subject to fundamental changes 0% (0)
For the return of licensing, in the form in which it existed before 2009 0% (0)
For using two mechanisms at the same time: licensing and insurance 0% (0)
For abandoning self-regulation and introducing an insurance mechanism 0% (0)
For the rejection of any regulatory mechanisms in the construction industry 0% (0)
Question answer:
Question: Can a foreign company join an SRO in the construction industry without registering a branch of a foreign company with the Federal Tax Service?
Despite the fact that the Town Planning Code of the Russian Federation explicitly states that foreign legal entities (foreign companies) can join SROs of builders, designers and surveyors, and does not indicate the need to register a branch or representative office of a foreign legal entity in Russia (Art. 55.6 of the GradCode - foreign companies are indicated), self-regulatory organizations, when admitted to membership, are guided by the norms of the Federal Law "On Foreign Investments in the Russian Federation" dated 09.07.1999 No. 160-FZ, where in clause 3, art. 4 indicates the need for accreditation of a branch or representative office foreign company on the territory of Russia, for the implementation of commercial activities.
We quote: “A foreign legal entity whose purpose of creation and (or) activities are of a commercial nature and which bears property liability for the obligations it has assumed in connection with the implementation of the specified activity on the territory of the Russian Federation (hereinafter referred to as the foreign legal entity), has the right to carry out activities on territory of the Russian Federation through a branch, representative office from the date of their accreditation, unless otherwise provided by federal laws. A foreign legal entity terminates its activities in the territory of the Russian Federation through a branch, representative office from the date of termination of the accreditation of the branch, representative office.
Day of accreditation of a branch, representative office of a foreign legal entity or changes to the information contained in state register accredited branches, representative offices of foreign legal entities, which is information system(hereinafter also referred to as the register), or the termination of the accreditation of a branch, representative office of a foreign legal entity, the day of making the corresponding entry in the register is recognized. (Clause as amended by Federal Law No. 106-FZ dated 05.05.2014)"
Question: Is it possible to return the contribution to the compensation fund?
Answer: In accordance with Part 4 of Art. 55.7 of the Town Planning Code of the Russian Federation, a person who has terminated membership in a self-regulatory organization shall not be refunded a contribution to the compensation fund, unless otherwise provided.
By "other" is meant certain cases described in Art. 3.2 Federal Law "On the Enactment of the Town Planning Code of the Russian Federation" dated December 29, 2004 No. 191-FZ 240-FZ). They inform that the construction, engineering, survey SRO is obliged to return to organizations or individual entrepreneurs that have terminated their membership in the relevant partnership, the funds they paid from the compfund, if the following conditions are met:
1) obtaining permission from this SRO to a certain type or types of work excluded on August 1, 2010 from the official list of types of work for engineering surveys, in preparation project documentation for construction, reconstruction, overhaul capital construction facilities that affect the safety of capital construction facilities;
2) the person’s lack of access to other types of work (lack of other types of work in the admission of the SRO);
3) termination of membership in this SRO no earlier than two and no later than 6 months from the date of exclusion of the types of work reflected in the admission from the official classifier of the list (that is, from September 1, 2010 to January 1, 2011).
It should be noted that only if all three of the above conditions are met, the self-regulatory organization is obliged to return the contributions to the compensation fund to the members that have left the membership in full.
For a return Money a period of no more than 10 calendar days after the termination of membership was allotted. The day of termination of membership is determined by the day of registration of an application from an individual entrepreneur or a legal entity to withdraw from the SRO.
Due to the fact that several years have already passed since the period of time allotted for the official termination of membership in the SRO, these grounds seem to be irrelevant.
The City Planning Code defines only a few assumptions for making payments from the compensation fund of a self-regulatory organization. Money can be returned if it was erroneously transferred to the SRO account; transferred for the placement of funds of the SRO compensation fund in order to maintain and increase it; used to make payments as a result of the onset of joint and several liability for the obligations of its members arising from the infliction of harm.
National Association of Self-Regulatory Organizations of Arbitration Managers
Registration number "0028 Date of registration 03.07.2009
Tel./
Moscow, st. Makarenko, d. 5 building 1 office 3 (4
Russian UnionSelf-Regulatory Organizations of Arbitration Managers
Ref. No. 1-03/73 dated 01.01.2001
Minister
economic development
Russian Federation
In accordance with articles 26.1. and 201.7 of the Federal Law of 01.01.01. d. “On Insolvency (Bankruptcy)” The Russian Union of Self-Regulatory Organizations of Arbitration Managers has developed the Federal Standard “Rules for Maintaining a Register of Claims for the Transfer of Residential Premises”. The specified standard was approved by the decision of the general meeting Russian Union Self-Regulatory Organizations of Arbitration Managers (Minutes No. 22 dated 01.01.2001).
In accordance with the decision of the general meeting of members of the Russian Union, SROs are sending you the indicated Rules for maintaining the Register of requirements for the transfer of residential premises for approval as a federal standard.
Appendix - the above Rules on 3 (Three) sheets.
Sincerely,
President of the Russian Union SRO A. A. Nefedov
APPROVED
Decision
General Meeting of Members
National Association
Russian Union of Self-Regulatory
Organizations of Arbitrators
(Minutes No. 22 dated 01.01.2001)
federal standard
"Rules for maintaining the Register of requirements for the transfer
living quarters"
1. The rules for maintaining a register of claims for the transfer of residential premises (hereinafter referred to as the register), including the composition of the information to be included in the said register and the procedure for providing information from the said register, were developed in accordance with Article 2017 of the Federal Law of 01.01.01. "On insolvency (bankruptcy)" (Collected Legislation of the Russian Federation, 2002, No. 43, item 4190; 2004, No. 35, item 3607; 2005, No. 1, item 18, item 46; No. 44, item 4471 ; 2006, No. 30, item 3292; No. 52, item 5497; 2007, No. 7, item 834; No. 18, item 2117; No. 30, item 3754; No. 41, item 4845; No. 49, 6079; 2008, No. 30, 3616; No. 49, 5748; 2009, No. 1, 4, 14; No. 18, 2153; No. 29, 3632; No. 51, 6160; No. 52, 6450; 2010, No. 17, 1988; No. 31, 4188, 4196; 2011, No. 1, 41; No. 7, 905; No. 19, 2708; No. 29, 4301).
2. The registry is single system records containing information about creditors participating in the construction (hereinafter referred to as creditors) and their claims to the developer on the transfer of residential premises, namely:
a) last name, first name, patronymic, passport data, place of residence, as well as postal or email address- for an individual;
b) name, location, main state registration number - for a legal entity;
c) bank details of the creditor (if any);
d) the amount paid by the creditor to the developer under an agreement providing for the transfer of residential premises, and (or) the value of the property transferred to the developer in rubles;
e) the amount of unfulfilled obligations of the construction participant to the developer under an agreement providing for the transfer of residential premises, in rubles (including the value of the property not transferred, specified in such an agreement);
f) information about the residential premises (including its area), which is the subject of an agreement providing for the transfer of residential premises, as well as information identifying the construction object in accordance with such an agreement;
g) grounds for the appearance of the creditor's claim;
h) the date of entry of the creditor's claim into the register;
i) information on the repayment of the creditor's claim;
j) date of repayment of the creditor's claim;
k) the grounds and date for deleting the creditors' claim from the register.
l) the grounds and date for making changes to the creditor's claim.
For the purposes of these Rules, an entry means the entry into the register of information about one claim of one creditor as of the date of entry into the register.
3. The register is maintained by an arbitration manager in accordance with the requirements of the Insolvency (Bankruptcy) Law.
4. The register consists of sections, each of which contains information about the requirements of creditors for the transfer of residential premises in relation to a specific construction project. The register is kept in Russian, on paper and in in electronic format.
5. If the Register is submitted at the place of demand on paper, the Register shall be submitted in the form of bound and numbered sheets, each of which is signed by the arbitration manager.
6. Entries in the register shall be made in chronological order as the arbitration manager receives the rulings of the arbitration court on the inclusion of the relevant requirements in the register.
An entry in the register is made by the arbitration manager on the day of receipt of the ruling of the arbitration court on the inclusion of the relevant requirements in the register.
7. Changes in entries are made on the basis of a judicial act, with the exception of changes in information about each creditor. In the event of a change in information about the creditor, a note is made in the corresponding registry entry based on the notification of the creditor.
In the event of the death of the creditor, on the basis of the death certificate, an entry is made on the suspension of the execution of this requirement until the legal heirs enter into the inheritance and the adoption of a judicial act on the replacement of the creditor.
Each change in the entry must contain the date of the change, the reason for the change and the signature of the arbitration manager.
8. Based on the ruling of the arbitration court on the transfer of an object of construction in progress, the claims of creditors extinguished in the relevant part are excluded by the arbitration manager from the register of claims for the transfer of residential premises, the remaining unpaid part of the claims for the transfer of residential premises is excluded from the register of claims for the transfer of residential premises, about which in the relevant the register entry, a note is made on the exclusion of the creditor's claim, indicating the date and grounds for the exclusion.
Based on the ruling of the arbitration court on the transfer of residential premises to participants in the construction, the arbitration manager fully extinguishes the claims for the transfer of residential premises in the register of claims for the transfer of residential premises, about which a note is made in the corresponding entry of the register on the exclusion of the creditor's claim, indicating the date and grounds for exclusion.
9. Until the end of the proceedings on the case, the arbitration manager shall keep the register, judicial acts confirming the validity of the creditors' claims for the transfer of residential premises and the inclusion of these requirements in the register.
10. When transferring the register to another arbitration manager, the arbitration manager:
a) generates final entries as of the date of transfer of the register;
b) makes a note about the transfer of the register in each section of the register;
c) draws up an act of acceptance and transfer and, in accordance with it, transfers the register, judicial acts confirming the validity of the creditors' claims for the transfer of residential premises and the inclusion of these requirements in the register.
Acceptance and transfer of the register are carried out on the basis of the act of acceptance and transfer, which is signed by the arbitration manager transferring the register, and the arbitration manager accepting the register. The register and the documents attached to it are subject to transfer upon signing the acceptance certificate. From the date of signing this act, the arbitration manager who accepted the register is responsible for maintaining the register.
Judicial acts and creditors' claims for inclusion in the register, received by the arbitration manager who transferred the register after signing the act of acceptance and transfer, are transferred to the arbitration manager who accepted the register under a separate act of acceptance and transfer.
11. An appropriate note is made about the closing of the register, indicating the date of closing the register.
12. Copies of the register on paper and electronic media are stored in places that exclude their simultaneous loss.
In case of loss of the register, it shall be subject to restoration on the basis of the materials of the bankruptcy case no later than three days from the date of detection of the loss.
13. At the request of the creditor (his authorized representative), the arbitration manager, within five working days from the date of receipt of the request, sends, respectively, an extract from the register or a copy of the register section (in electronic form or on paper) to the creditor (his authorized representative). In the absence of information about the requirements for the transfer of the residential premises of the specified creditor in the register, the arbitration manager sends a notice to the creditor or his authorized representative.
An extract from the register or a copy of a section of the register shall be signed by the arbitration manager, and if sent electronically, by an electronic signature.
The costs of the arbitration manager for the preparation and submission of an extract from the register or a copy of a section of the register on paper shall be reimbursed by the creditor.
