When joining a self-regulatory organization (SRO), construction companies are required to contribute a significant amount of money to the compensation fund. In what cases are payments made from this fund to cover damage due to deficiencies in construction work? What are the consequences of poor quality work for the company?

Purpose of the compensation fund

Let us recall that in subparagraph 2 of paragraph 2 of Article 55.4 of the Town Planning Code of the Russian Federation, as a requirement necessary for a non-profit organization to acquire the status of a self-regulatory organization ( SRO), the presence of a compensation fund formed in the amount of at least 1 million rubles is indicated. for each member of such an organization.

Or, if the organization has established a requirement for its members to insure civil liability - in the amount of at least 300 thousand rubles. for each participant.

The main principle of spending the compensation fund is to make payments to ensure the property liability of members self-regulatory organization(SRO) to consumers of goods (works, services) produced by them and other persons. Payments for other purposes are not allowed (Clause 13, Article 13 of the Federal Law of December 1, 2007 No. 315-FZ “On Self-Regulatory Organizations”).

Procedure for spending funds
Let's take a closer look at the payment procedure.

IN WHAT CASES DOES LIABILITY APPLY?

Article 55.16 of the Town Planning Code of the Russian Federation stipulates that an SRO, within the limits of the compensation fund, bears subsidiary liability for the obligations of its members arising as a result of harm caused by them. And if such liability occurs, payments may be made from the compensation fund to compensate for damages and legal costs. Cases of liability are established in Article 60 of the Town Planning Code of the Russian Federation. Thus, compensation for damage caused due to deficiencies in construction, reconstruction, or major repairs of a capital construction project is carried out by the person who performed such work, that is, the construction company. The following bear joint and several subsidiary liability:

• The Russian Federation or a constituent entity of the Russian Federation, if the damage was caused as a result of non-compliance of the constructed facility or the construction work performed with the requirements of technical regulations or design documentation in the presence of a positive conclusion from the state construction supervision body;
• self-regulatory organization in relation to a person who, at the time of performing such work, had a certificate of access to them issued by this SRO.

Thus, if deficiencies are discovered, the customer or other person who has suffered harm first turns to the contractor - the construction organization that performed the work. And only if you do not receive a response or receive a refusal - to self-regulatory organization.

Moreover, if the creditor’s claim can be satisfied by offsetting a counterclaim against the construction organization or by indisputably collecting funds from it, the injured party does not have the right to demand satisfaction of its claim against the contractor from SRO.

It follows from the foregoing that the self-regulatory organization must make a payment from the compensation fund in the amount necessary to cover the damage to the extent not compensated by its participant. In other words, only part of the necessary funds is compensated from the fund.

WHAT IS SUBSIDIARY LIABILITY?

Establishing subsidiary liability means that before making claims against a person who is liable in addition to the liability of another person who is the main debtor, the creditor must make a claim against the main debtor (clause 1 of Article 399 of the Civil Code of the Russian Federation).

That is, it is possible to present a demand to a person bearing subsidiary liability only if the main debtor refused to satisfy it or the creditor did not receive a response to the presented demand from him within a reasonable time.

HOW OBLIGATIONS ARE FULFILLED

In addition, the rules of civil law on joint and several liability should be taken into account. What are they?

Firstly, in the event of a joint obligation of debtors, the creditor has the right to demand performance both from all debtors jointly and from any of them separately, both in full and in part of the debt (Article 323 of the Civil Code of the Russian Federation).

Secondly, having not received full satisfaction from one of the joint and several debtors, the creditor has the right to demand what was not received from the remaining joint and several debtors.

Thirdly, solidary debtors remain obligated until the obligation is fully fulfilled.

These rules are applied taking into account the above rules regarding subsidiary liability (that is, joint and several liability applies only after a claim is filed against the main debtor). In this case, the self-regulatory organization in any case bears responsibility for the obligations of its member only within the limits of the compensation fund (clause 12 of article 13 of law No. 315-FZ).

IF LIABILITY IS INSURED
There are features of compensation for damage caused as a result of deficiencies in construction work (reconstruction, major repairs of buildings, structures), if the organization that performed such work has entered into a civil liability insurance contract.

If damage is caused in these circumstances, compensation is made at the expense of the insured and the contractor (clause 4 of article 60 of the Town Planning Code of the Russian Federation). And only if these funds are insufficient, as well as if the construction organization refuses to satisfy the demand for compensation for damage, joint subsidiary liability of all the entities listed above, including SRO, occurs.

Influence on unscrupulous participants
For failure to comply with the requirements of technical regulations, a self-regulatory organization may apply disciplinary measures to its members.

Namely:

• warning;
• issuing an order for the mandatory elimination of identified violations within a specified time frame;
• suspension of the certificate of admission to work that affects the safety of capital construction facilities in relation to a certain type or types of work;
• termination of the certificate of admission (Article 55.15 of the Town Planning Code of the Russian Federation).

Last resort for these violations - exclusion from membership of a self-regulatory organization- provided for in subparagraph 1 of paragraph 2 of Article 55.7 of the Town Planning Code of the Russian Federation.

If payments have been made from the compensation fund, the company through whose fault the damage was caused due to deficiencies in construction work (even if it is excluded from the SRO), as well as other members, must make additional contributions to the fund. This must be done in order to increase it to the amount established by the charter of the self-regulatory organization, within a period not exceeding two months from the date of making the specified payments (Clause 5 of Article 55.16 of the Town Planning Code of the Russian Federation).

“Accounting in construction” No. 3, 2010
especially for the Information resource “All about self-regulation in Russia” (“All about SRO”)
www.site

The new law No. 372-FZ fundamentally changes the rules of the game in construction self-regulation - you already know this. In we looked in detail at what to expect from the regionalization of SROs. In this one, we’ll figure out what will happen to the compensation funds.

There are four important innovations that relate to compensation funds of self-regulatory organizations in construction. Three of them concern SRO members directly, and the third – indirectly.

1. The most dramatic news is the collection of the second compensation fund.
2. The “sweet pill” that should make it easier for builders to meet the second CF is a reduction in the minimum allowable contributions to the first committee fund.
3. New news related to the regionalization requirement is the possibility of transferring contributions to the committee from one SRO to another.
4. And finally, news that concerns builders only indirectly - new rules for choosing banks to store the SRO compensation fund.

So, in order.

"We need more gold"

The second committee is one of the most frightening news of the adopted law.

The first compensation fund was intended to compensate possible victims of poor quality construction. That is, if a house built by one of the members of the SRO collapsed, all the comrades of this builder who did not keep an eye on him would chip in to help the victims. As a matter of fact, they chipped in in advance.

Can anyone say that this is not a noble cause?

With the second command fund, everything is less clear. It is intended to “ensure the contractual obligations of the SRO member.” It will cover financial damage caused to customers by negligent builders.

Why is it less clear? Because self-regulatory organizations were created for joint control over the quality of construction. If you didn’t keep track of your friend, answer. But monitoring whether your comrades meet deadlines is, excuse me, a completely different caliber.

This is the ideological side of the issue. And there is also a practical one. The builder and the customer can now easily enter into a criminal conspiracy - and wipe out the second SRO committee fund, of which the builder is a member, clean out. After which the comrades of this builder will have to chip in again. How long will their patience last?

However, it’s too late to be indignant. The law was adopted - although all of the above doubts of the professional community were repeatedly expressed during the discussion.

What will be the contributions to the second committee fund?

The principle of choosing the minimum contribution to the second compensation fund for different builders is already familiar to us from the first compensation fund.

“We need less gold”?

Still, the authorities to some extent met the suffering builders halfway. In parallel with the introduction of the new payment, the old one was reduced. As a result, some builders won't even have to pay anything extra.

It is interesting that the first division of the old grid (up to 10 million) is not represented at all in the new law. We will place it in the table for comparison purposes only

The question arises: but if in time immemorial the builder paid 500 thousand for admission “up to 60” - will the difference be returned to him?

No, of course not. This is a compensation fund. But if the SRO did not squander his contribution, then at least he will not have to contribute new money. Lawyers agree on this.

When do the innovations come into force?

This part of the law comes into force immediately after publication. However, there is one catch: formally, members of a self-regulatory organization do not live according to the rules established by law, but according to the rules prescribed in the statutory documents of the SRO itself. But now the SRO is adjusting to the law.

Thus, in the near future, all SROs that do not want to be closed will begin to assemble collegial bodies and adopt new rules that comply with the new law. And only then will these rules begin to apply to SRO members.

From place to place

Another “sweet pill”, this time designed to make regionalization a little easier. Until September 1, 2017, a construction company that leaves one self-regulatory organization and joins another has the right to submit an application to transfer its contribution to the compensation fund to the accounts of its new SRO.

Now a member of a self-regulatory organization can request a transfer of his contribution to the committee when moving to another SRO. The only question is whether his request will be granted...

In principle, this mechanism is reminiscent of a transition mechanism from a closed self-regulatory organization that never worked. More about this mechanism - in.

However, now, of course, one can hope that this norm will turn out to be more viable. After all, a self-regulatory organization, which has already been excluded from the register, will quite naturally want to “go all out” - after all, by and large, NOSTROY no longer has anything to intimidate it with.

On the other hand, in the course of regionalization, SROs from which non-resident members are leaving en masse will begin to close.

Hmm... And why should they, in fact, give away the funds...

Attention! Appeared on our website. Study it to be able to transfer your contribution to the communal fund from the old SRO to the new one and not have to pay it again. Technically, you even have the opportunity to leave the SRO and receive your contribution in your hands - albeit with certain conditions.

Listing and indication

And the last big news regarding compensation funds concerns the rules for their placement. The government drew conclusions from the banking crisis, which consumed a sufficient amount of construction money.

From now on, compensation funds can only be placed in banks from a special government list of “those you can trust.”

In addition, the accounts in which the funds are placed will be classified in a special category - even in the event of closure, banks will be obliged to first return this money, and then pay off with other creditors.

This is good news, because it was painful to watch the banks closing and the builders surprised by this turn of events.

However, the question remains open to what extent small and suspicious banks that house SRO compensation funds will be willing to part with this money.

Morality

In general, it’s time to draw intermediate conclusions - everything could have been much worse. Although the construction industry will repeatedly give bad words to the developers of the law, solving all the problems caused by it.

• Are the obligations of the debtor-account holder subject to fulfillment by the bank according to the claims of creditors of the 1st-3rd priority?
• The head of the LLC was convicted under Art. 173.1. Criminal Code of the Russian Federation. What are the consequences for deals entered into by this executive?
• What are the features of hiring a part-time foreigner with a patent to work in a specific profession?
• Is it necessary for the institution to approve the access control regulations?
• Does the State Budgetary Institution have the right to purchase other services to provide public services if their use is not provided for by technical regulations?

Question

Clause 12 of Article 55.16 of the City Code “Compensation funds of a self-regulatory organization” established that after 07/01/2017 the minimum contribution to the compensation fund for damages per member of a self-regulatory organization in the field of construction, reconstruction, capital repairs of capital construction projects, depending on the level of responsibility of a member of a self-regulatory organization is 2).Five hundred thousand rubles in the event that a member of a self-regulatory organization plans to carry out construction, the cost of which under one contract does not exceed five hundred million rubles (the second level of responsibility of a member of a self-regulatory organization).What is the cost of construction under one contract ? And based on what cost should the contribution to the compensation fund for damages be calculated if a member of the SRO is constructing three different objects at once? (from the cost of the most expensive object, or from the sum of the costs of all three objects?)

Answer

The contribution to the compensation fund is determined by the cost of construction under one contract (not in total). The cost of construction under the contract is determined based on the cost of construction work of the contract.

Parts 12 and 13 of Article 55.16 of the Civil Code of the Russian Federation establish the minimum amounts of contributions to compensation funds for compensation of harm and provision of contractual obligations per one member of a self-regulatory organization in the field of construction, reconstruction, major repairs of capital construction projects, depending on the level of responsibility of the member of the self-regulatory organization. In this case, the level of responsibility is determined by the cost of construction under one contract concluded by a member of a self-regulatory organization. See Letter of the Ministry of Construction of Russia dated July 27, 2016 No. 23665-НЧ/02.

Federal Law of July 3, 2016 No. 372-FZ.
The first clarifications are in the letter of the Ministry of Construction of Russia dated July 27, 2016 No. 23665-НЧ/02

Relations between the developer and the technical customer

Legislators clarified that the developer has the right to transfer its functions to the technical customer (Article 1 of the Town Planning Code of the Russian Federation, as amended). The developer can carry them out himself, but only if he is a member of the SRO. Since the technical customer must be a member of a self-regulatory organization.

Tolerances

SRO permits will no longer be issued. All provisions related to tolerances were removed from the Town Planning Code. Certificates of admission will cease to be valid on July 1, 2017. From this date, companies and entrepreneurs will not have the right to carry out work based on permits (Article 6 of Law No. 372-FZ).

In order to carry out construction (engineering, design) work, the entrepreneur or company will need to be members of the SRO. And so that they fully pay contributions to the compensation fund (Article 55.8 of the Civil Code of the Russian Federation as amended).

That is, for example, a company has access, but as of July 1, 2017, it is not a member of the SRO. Despite the fact that the permit is valid (they are unlimited), the company will no longer have the right to carry out work. She must join the SRO.

To carry out construction work, you must join an SRO

The main function of SROs was that they issued permits to their members for certain types of work. Customer complaints were considered formally or not considered at all. This system was recognized as untenable and adjustments were made.

Territorial principle

The SRO system is being reorganized. In particular, the geographical principle will apply. What does it mean?

Legislators have established that a member of an SRO can be an entrepreneur or a company registered in the same subject of the Russian Federation as the SRO (Clause 3, Article 55.6 of the Town Planning Code of the Russian Federation, as amended). If there is no such SRO in a constituent entity of the Russian Federation, then you can join an SRO in a neighboring region with which there is a common border. This rule does not apply to foreign construction companies.

So, perhaps, many current SRO members will have to change their self-regulatory organization - from October 1, 2017, they will be excluded from “foreign” SROs.

Advice

If you are just going to join an SRO, choose an organization in your region. Then you won’t have to switch to another SRO in 2017

Before December 1, 2016, all members are required to submit applications to their SRO to maintain membership or to voluntarily terminate it, including with a subsequent transfer to another SRO.

Exceptions: those who do not need to join an SRO

You are not required to be members of the SRO:

State unitary enterprises and municipal unitary enterprises, if they carry out orders from government agencies under whose jurisdiction they are;

Commercial companies in the authorized capital of which the share of state unitary enterprises and municipal unitary enterprises is more than 50 percent, if they carry out orders of such state unitary enterprises and municipal unitary enterprises or orders of government agencies under whose jurisdiction they are;

Companies created by the Russian Federation, constituent entities of the Russian Federation and municipalities engaged in construction in the areas for which they were created;

Citizens engaged in construction, reconstruction, major repairs of their homes, as well as garages, kiosks, sheds or sheds.

Can a company (entrepreneur) carry out work without being a member of an SRO? Yes maybe. Under an agreement with the developer, technical customer, person responsible for the operation of the building, or a regional operator, if the contract price does not exceed 3 million rubles. (Clause 2.1 of Article 52 of the Town Planning Code of the Russian Federation in the new edition).

Additional fund

SROs have a new responsibility - to ensure that their members fulfill their obligations under government contracts. Namely, under construction contracts concluded at auctions in accordance with the law on the contract system, when tenders are mandatory (subclause 3, clause 1, article 55.1 of the Town Planning Code of the Russian Federation, as amended).

In this regard, SROs are required to create another compensation fund. That is, now there should be two of them:

For compensation of harm;

To ensure contractual obligations.

The second fund is required to be created (Article 55.4 of the Town Planning Code of the Russian Federation has been in effect since July 4, 2016):

It is important to know

Contributions to the additional fund will be paid only by companies that intend to enter into government contracts (subclause 2, clause 11, article 55.6 of the Town Planning Code of the Russian Federation, as amended)

Engineering and design SROs with at least 15 members intend to enter into state or municipal contracts;

Construction SROs with at least 30 members intend to enter into state or municipal contracts.

New responsibilities of SRO members

A member of a self-regulatory organization is obliged to notify the SRO of the actual total amount of obligations. This applies to obligations under contract agreements with state or municipal customers concluded at tenders (competitions, auctions) in the current year.

This will have to be done once a year - until March 1 of the year following the reporting year (Clause 4, Article 55.8 of the Town Planning Code of the Russian Federation, as amended). The notification will need to be accompanied by documents that confirm the amount of obligations. The specific procedure will be established by the Ministry of Construction.

If the amounts exceed the stated limit, the company is obliged to pay additionally to the compensation fund for securing contractual obligations. Otherwise, it has no right to enter into new contracts.

The amounts of contributions to compensation funds are in Article 55.16 of the Town Planning Code (effective from July 4, 2016). Their company or entrepreneur must pay regardless of whether they plan to carry out construction work or not (letter of the Ministry of Construction of Russia No. 23665-НЧ/02).

Check

Companies that join the SRO after July 4, 2016 must pay contributions to the compensation fund according to the new rules (letter of the Ministry of Construction No. 23665-НЧ/02)

For example, if the amount of obligations under a contract for engineering surveys and preparation of design documentation does not exceed 25 million rubles, the company must contribute at least 150 thousand rubles to the fund.

Now it doesn’t matter whether the SRO has established a requirement for civil liability insurance or not. This does not affect the amount of contributions in any way.

New contribution rates are in the table on page 69.

The formation of a fund for compensation of harm implies joint liability of the SRO. And the formation of a fund of contractual obligations is a subsidiary liability.

Joint and several liability is when a creditor can make a claim against any of the joint and several debtors in any amount within the amount of the obligation.

Vicarious liability is additional in nature and is possible only when the main debtor fails to fulfill his obligation.

The self-regulatory organization was prohibited from exempting its members from making contributions. We also accept payments in installments. Members of the SRO must pay fees for themselves - third parties are not allowed (Clause 3 of Article 55.16 of the Town Planning Code of the Russian Federation, already in force).

If the compensation fund, due to the payment of compensation to victims, falls below the minimum amount, members of the SRO must replenish it to the amount that the SRO has established by internal documents. That is, make additional contributions within three months (clause 6 of Article 55.16 of the Town Planning Code of the Russian Federation, already in force).

A company or entrepreneur, because of which the SRO had to fork out money, may no longer be accepted into any SRO (Subclause 1, Clause 9, Article 55.6 of the Town Planning Code of the Russian Federation, as amended).*

* in the previous edition of the code, the minimum amounts of contributions to the compensation fund were established only for work on organizing construction and organizing the preparation of project documentation (clauses 6, 7 of Article 55.15 of the Town Planning Code).

Register of specialists

A national register of construction specialists will appear.

These are citizens who have the right, on the basis of an employment contract, to carry out engineering surveys, participate in the preparation of design documentation, construction and major repairs as a chief engineer or chief architect. They must have the necessary education, experience and work experience (clause 6 of Article 55.5-1 of the Town Planning Code as amended). To be included in the register, they must submit an application to the National Association of Self-Regulatory Organizations.

The presence of such specialists on staff will be a condition for joining the SRO (subclause 4, clause 2, article 55.6 of the Town Planning Code of the Russian Federation, as amended).

Control

A mandatory internal document of any SRO will be a document on the procedure for considering complaints and other requests. She will be required to make a decision on each complaint. That is, the SRO will focus not on issuing permits, but on ensuring the quality of construction and correcting deficiencies.

SROs will annually inspect those working under government contracts

The SRO will check every year whether the declared amounts of planned government contracts correspond to the amounts paid into the compensation fund for securing contractual obligations. And if the commitment level is exceeded, the company will be sent a warning. Within five days, she is obliged to pay additional contributions (clause 7, article 55.8, article 55.13 of the Town Planning Code of the Russian Federation, as amended).

For insubordination and other violations, the company will first be subject to disciplinary punishment. For example, the right to perform work will be temporarily suspended and then expelled. You can re-enter the SRO only after a year.”

The SRO compensation fund for builders, surveyors, and designers is created in accordance with the current legislation of the Russian Federation. This is a mandatory element of any self-regulatory organization. By the way, the amount of the membership fee to the SRO compensation fund is, as a rule, determined by the internal documentation of the non-profit partnership, but the amount cannot be less than the amount established by current legislation. Also, the internal documentation contains regulations adopted at the general meeting of SRO members, which define a clear procedure for the formation of the compendium and methods for allocating funds.

The Compfund is one of the effective ways to ensure the property liability of member companies of the self-regulatory organization. It is the basis for the stability of the SRO system. The very existence of the compensation fund is based on the principle of collective responsibility, i.e. Absolutely all members of the organization are responsible for filling this fund. Legally, all issues of the comp fund are spelled out in the Civil Code of the Russian Federation, especially pay attention to Art. 55.16.

Compensation Fund for SRO Builders: Key Points

Within the limits of the financial resources of the committee, the SRO bears joint and several collective liability for the obligations of all its member companies arising from harm, but only in the cases described in Art. 60 Civil Code of the Russian Federation. The SRO Compfund can be placed on deposit in any banking or credit institution. No member of the NP SRO can be exempted from the obligation to pay a contribution to this fund for any reason. It is absolutely not allowed to make payments from the financial resources of the compensation fund, except in cases provided for by law.

Cases for payment of funds from the comp fund

Payments of financial resources from the comp fund can be made if:

• there was a need to return the erroneously transferred money;
• it is necessary to save them, increase the amount by placing funds on a bank deposit;
• it is necessary to make payments due to the occurrence of joint and several liability, which is provided for in part 1 of Art. 55.16 of the Civil Code of the Russian Federation (i.e. payments for damages, legal costs).

That is, if a participating company has decided to withdraw from the self-regulatory organization, then the contribution to the comp fund paid by it will not be returned in accordance with Art. 55.7 Federal Law No. 148.

What are the minimum membership fees for the SRO compensation fund?

SRO of builders must form a comp fund for each member of its organization in the amount of at least 1 million rubles. However, if an NP SRO establishes a requirement for compulsory insurance of its members, then the amount of the contribution can be reduced to 300 thousand rubles.

SROs of designers and a self-regulatory organization of engineering surveys are required to form a compendium, the size of which for each member will not exceed 500 thousand rubles; when insuring members, the contribution amount is reduced to 150 thousand rubles.

There is also a gradation of contribution amounts for each member depending on the total amount of income from work performed under one contract. Other features of the formation of the contribution amount can be found out by studying our website in detail or by calling.

The procedure for payments from the SRO compensation fund

1. The victim must make a claim against the construction company that caused the harm. This can be done by referring to Art. 1095 of the Civil Code of the Russian Federation.
2. Insurance payment is carried out according to the terms of the concluded insurance contract.
3. If the amount paid by insurers is insufficient to compensate for the damage caused, the entity that performed the construction work bears responsibility. Moreover, according to the general rule, the scope of liability is not limited by law.
4. If the funds paid are insufficient, compensation for damage was refused, or compensation was never paid within a clearly established time frame, subsidiary liability of the NP SRO arises in accordance with clause 1, part 4, art. 60 Civil Code of the Russian Federation. But, if a self-regulatory organization has entered into a collective insurance agreement in advance, then the insurance company is still liable under the terms of the agreement.
5. The SRO reimburses the funds of the fund only if the monetary insurance payments under the collective insurance agreement are insufficient.
6. Thus, payments from the compendium are made when all possible methods of compensation for the harm caused have been completely exhausted.
7. Then construction companies that are members of the SRO must pay contributions to the comp fund within two months in order to restore its minimum volume.

When is it possible to return the contribution to the SRO compensation fund?

• A refund of contributions is quite possible if a construction company decides to withdraw from membership of a self-regulatory organization due to the fact that the certificate of admission to work issued to it has lost its validity due to its exclusion from the general list of types of work according to Order of the Ministry of Regional Development No. 624.
• Also, the return of the contribution to the SRO comp fund is possible by a court decision in case of voluntary termination of membership. The company has every right to receive the financial resources contributed to the comp fund back, because she is no longer a member of the SRO, therefore she does not bear property liability under Part 13 of Art. 13 Federal Law “On Self-Regulatory Organizations” and Art. 55.16 Civil Code of the Russian Federation.

As a rule, in 90% of cases, issues regarding the return of contributions to the SRO compensation fund are resolved exclusively in court.

Hello. Today we’ll talk about contributions to SROs.

Currently, organizations involved in construction, various surveys, and design of large objects cannot carry out their activities if they do not have access to work.

If an organization carries out its activities contrary to this, this is a direct violation of legal requirements.

What does SRO mean?

SRO is a non-profit organization that unites entities engaged in business activities in a specific industry. For example, construction services, appraisal work, etc. Read more about.

What is the point of contributions?

Contributions to SRO This is a prerequisite for becoming a member of the organization. These payments can be divided into two categories: lump sum and regular. Their size directly depends on what work will be allowed to be performed in the future.

Important information: The membership fee is a regular payment!

Cost of admission

The cost of admission depends not only on the company’s field of activity, but also on what list of works the organization plans to carry out in the future.

For companies that are relatively new to the market, joining an SRO is not at all easy, since they need to pay a tidy sum for it. If you look from the other side, this allows you to immediately cut off non-professionals.

So, the cost of admission includes:

• Contribution to the compensation fund;
• Entrance fee;
• Monthly membership fees;
• Civil liability insurance.

What contributions need to be made?

The legislation provides for several types of contributions, namely:

• Fee for ;
• Membership fee;
• To the compensation fund;
• For certain purposes (implementation of programs, promotions, etc.);
• Carried out voluntarily.

In addition, each contribution has its own deadline and payment amount.

So, let's look at each of them in more detail.

Fee for joining the SRO - is paid only once. The amount of payment in this case is not specified specifically and depends on the governing bodies of the SRO. Moreover, its size differs depending on the type of activity of the company.

Membership fee - is a regular payment, paid quarterly. The SRO independently sets its size. Membership fees cover the costs of the SRO for renting premises, processing documentation, and so on.

It's worth saying that non-payment of membership dues to SRO faces disciplinary action. If non-payment occurs periodically, this may be grounds for exclusion from the SRO.

Compensation contribution to SRO - It is precisely this that allows the SRO to vouch for the quality level of the work performed by its participants. If a company that is a member of the SRO performed the work at a low level, the customer has the right to demand compensation from the SRO. The amount of payment in this case will be proportional to the amount of the concluded agreement.

As for the amount of such a contribution, its size can range from 150 thousand to one and a half million rubles (for a company engaged in design and surveys).

For specific purposes (targeted) - The payment is mandatory, but it is not paid regularly at this time. Its volume and time of application are determined by the management team of the SRO.

Carried out voluntarily - is such a payment, the decision to make which is made only by the SRO participant himself. If it clearly indicates what these funds should be spent on, then they cannot be used in any other way.

The amounts and timing of such payments are not regulated by documents.

It is important to know: Regardless of the reason for which membership in the SRO was terminated, funds already deposited will not be returned.

Consequences of non-payment of dues

If a member of an SRO does not pay the required fees, his or her admission may be revoked, and the activities of the organization may be suspended altogether.

Additional funds

Some SROs provide for so-called additional contributions. They are paid annually and all SRO members are required to pay for them.

In conclusion, it is worth saying: The procedure for joining an SRO is a rather labor-intensive process. To do this, you need to collect the entire package of necessary documents and make all the necessary contributions.

Also, when choosing an SRO to join, you should pay attention to the presence of additional fees in order to avoid unnecessary financial costs.