Associations of self-regulatory organizations of bankruptcy commissioners. national association of self-regulatory organizations of bankruptcy commissioners. continuation. National Association of Self-Regulatory Organizations of Arbitration Trustees registration number

National association self-regulatory organizations arbitration managers

Registration number "0028 Registration date 03.07.2009

Tel. /

Moscow, st. Makarenko, 5 bldg. 1 office 3 (4

Russian UnionSelf-Regulatory Organizations of Arbitration Trustees

Ref. No. 1-03 / 73 dated 01.01.2001

To the 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 Trustees has developed a federal standard "Rules for maintaining the Register of Requirements for the Transfer of Residential Premises". The specified standard was approved by the decision general meeting Of the Russian Union of Self-Regulatory Organizations of Arbitration Trustees (Minutes No. 22 dated 01.01.2001).

In accordance with the decision of the general meeting of members of the Russian Union of SROs, I am sending you the specified 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 of SRO A. A Nefedov

APPROVED BY

Decision

General meeting of members

National Association

Russian Union of Self-Regulatory

Arbitration Trustees Organizations

(Minutes No. 22 dated 01.01.2001)

Federal standard

"Rules for maintaining the Register of Requirements for the Transfer

residential premises "

1. The rules for maintaining the register of requirements for the transfer of residential premises (hereinafter referred to as the register), including the composition of information to be included in the specified register and the procedure for providing information from the specified register, have been developed in accordance with Article 2017 of the Federal Law No. "On insolvency (bankruptcy)" (Collected Legislation of the Russian Federation, 2002, No. 43, Art. 4190; 2004, No. 35, Art. 3607; 2005, No. 1, Art. 18, Art. 46; No. 44, Art. 4471 ; 2006, No. 30, Art. 3292; No. 52, Art. 5497; 2007, No. 7, Art. 834; No. 18, Art. 2117; No. 30, Art. 3754; No. 41, Art. 4845; No. 49, Art. 6079; 2008, No. 30, Art. 3616; No. 49, Art. 5748; 2009, No. 1, Art. 4, Art. 14; No. 18, Art. 2153; No. 29, Art. 3632; No. 51, Art. 6160; No. 52, Art. 6450; 2010, No. 17, Art. 1988; No. 31, Art. 4188, Art. 4196; 2011, No. 1, Art. 41; No. 7, Art. 905; No. 19, Art. 2708; No. 29, Art. 4301).

2. The registry is unified system records containing information about creditors - participants in the construction (hereinafter referred to as creditors) and their requirements for the developer on the transfer of residential premises, namely:

a) surname, name, patronymic, passport data, place of residence, as well as postal or e-mail address - for an individual;

b) name, location, main state registration number - for legal entity;

c) bank details of the creditor (if any);

d) the amount paid by the lender 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 a construction participant to the developer under an agreement providing for the transfer of residential premises, in rubles (including the cost of not transferred property 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) the grounds for the creditor's claim;

h) the date the creditor's claim was entered into the register;

i) information on the repayment of the creditor's claim;

j) the date of settlement of the creditor's claim;

k) grounds and date of exclusion of creditors' claims from the register.

l) the grounds and date of amendments 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 the receiver in accordance with the requirements of the Insolvency (Bankruptcy) Law.

4. The register consists of sections, each of which contains information about the claims of creditors on the transfer of residential premises in relation to a specific construction object. The register is kept in Russian, on paper and in in electronic format.

5. If the Register is submitted at the place of claim in hard copy, the Register shall be presented in the form of bound and numbered sheets, each of which is signed by the bankruptcy commissioner.

6. Entries in the register are made in chronological order as soon as the arbitration manager receives the arbitration court's rulings on the inclusion of the relevant requirements in the register.

An entry in the register is made by the insolvency practitioner on the day of receipt of the arbitration court's ruling on the inclusion of the relevant requirements in the register.

7. Changes in records 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 the information about the creditor, a note is made in the corresponding register entry on the basis of 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 performance this requirement before the inheritance of legal heirs and the adoption of a judicial act on the replacement of the creditor.

Each change in the record must contain the date of the change, the basis for the change, and the signature of the administrator.

8. On the basis of the ruling of the arbitration court on the transfer of the 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, as indicated in the relevant in the register entry, a note is made about the exclusion of the creditor's claim, indicating the date and grounds for exclusion.

On the basis of the arbitration court's ruling on the transfer of residential premises to participants in the construction of residential premises, the bankruptcy commissioner 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 relevant registry entry about the exclusion of the creditor's claim indicating the date and grounds for exclusion.

9. The bankruptcy commissioner keeps, until the end of the proceedings, the register, judicial acts confirming the validity of the creditors' claims on the transfer of residential premises and the inclusion of these requirements in the register.

10. When transferring the register to another bankruptcy commissioner, the bankruptcy commissioner:

a) generates summary records 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 transfers, in accordance with it, the register, judicial acts confirming the validity of creditors' claims on 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 an 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 bankruptcy commissioner who has accepted the register shall be responsible for maintaining the register.

Judicial acts and claims of creditors for inclusion in the register received by the bankruptcy commissioner who transferred the register after the signing of the acceptance certificate are transferred to the bankruptcy commissioner who accepted the register under a separate acceptance certificate.

11. On the closure of the register, a corresponding note is made with the indication of 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 must be restored on the basis of the materials of the bankruptcy case no later than three days from the date of discovery 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 claim, 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 on the requirements for the transfer of the said creditor's dwelling in the register, the arbitration manager shall send a message to the creditor or his authorized representative about this.

An extract from the register or a copy of the register section shall be signed by the arbitration manager, and if sent in electronic form, by an electronic signature.

The expenses of the insolvency practitioner for the preparation and submission of an extract from the register or a copy of the register section in hard copy shall be reimbursed by the creditor.

How do you feel about the refusal of self-regulation and the return of the institution of licensing in the construction sector?

From 04/07/2017 to 05/12/2017

For the preservation of self-regulation in the form in which it exists in this moment 0% (0)

For the preservation of self-regulation, subject to the introduction of fundamental changes 0% (0)

For the return of licensing in the form in which it existed before 2009 0% (0)

For using two mechanisms simultaneously: licensing and insurance 0% (0)

For the refusal of self-regulation and the introduction of an insurance mechanism 0% (0)

For refusal from any regulatory mechanisms in the construction sector 0% (0)

Question answer:

Question: Can a foreign company join an SRO construction industry without registering a branch of a foreign company with the Federal Tax Service?

Despite the fact that the Urban Planning Code of the Russian Federation explicitly states that foreign legal entities (foreign companies) can join the SRO 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 (in Art. 55.6 GradKodeks - foreign companies are indicated), self-regulatory organizations when admitting 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 commercial activities.

We quote: "A foreign legal entity, the purpose of creation and (or) activities of which are of a commercial nature and which bears property responsibility for the obligations assumed by it in connection with the implementation of these activities on the territory of the Russian Federation (hereinafter referred to as the foreign legal entity), has the right to carry out activities on the territory of the Russian Federation through a branch, representative office from the date of their accreditation, unless otherwise established by federal laws. A foreign legal entity ceases to operate on the territory of the Russian Federation through a branch, representative office from the date of termination of the accreditation of the branch, representative office.

On the day of accreditation of a branch, representative office of a foreign legal entity or amending the information contained in the state register of 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 is recognized as the day the corresponding entry is made in the register. (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 Urban Planning Code of the Russian Federation, a contribution to the compensation fund shall not be refunded to a person who has terminated membership in a self-regulatory organization, unless otherwise provided.
"Other" means 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 (as amended by the Federal Law "On Amendments to the Town Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation" dated July 27, 2010 No. 240-FZ). They state that the construction, engineering, survey SRO is obliged to return the organization or individual entrepreneur that has terminated membership in the respective partnership, the funds paid by them to the fund, if the following conditions are met:
1) obtaining admission of this SRO to a certain type or types of work excluded on August 1, 2010 from the official list of types of work on engineering surveys, on preparation project documentation, for construction, reconstruction, overhaul objects capital construction that have an impact on the safety of capital construction facilities;
2) the person has no admission to other types of work (the absence of other types of work in the SRO admission);
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).
Note that only if all three of the above conditions are fulfilled, the self-regulatory organization is obliged to return the contributions to the compensation fund to the withdrawn members in full.
To return Money a deadline of no more than 10 calendar days upon termination of membership. The day of termination of membership is determined by the day of registration of an application from an individual entrepreneur or legal entity to leave the SRO.
Due to the fact that several years have passed since the period of time allotted for the official termination of membership in the SRO, these grounds seem irrelevant.
The Town 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 mistakenly transferred to the SRO account; transferred for the placement of funds of the compensation fund of the SRO in order to preserve and increase it; used to make payments as a result of the onset of joint liability for the obligations of its members arising from the infliction of harm.

"... the national association of self-regulatory organizations of insolvency practitioners (hereinafter also referred to as the national association of self-regulatory organizations) is a non-profit organization based on membership, created by self-regulatory organizations, unites more than fifty percent of all self-regulatory organizations, information about which is included in a single the state register of self-regulatory organizations of bankruptcy commissioners, and the purpose of which is to form an agreed position of bankruptcy commissioners on the regulation of their activities; ... "

A source:

the federal law dated 26.10.2002 N 127-FZ (as amended on 28.07.2012, as amended on 16.10.2012) "On insolvency (bankruptcy)"

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"National Association of Self-Regulatory Organizations of Arbitration Trustees" in the books

the author State Duma

Article 6. Basic functions, rights and obligations of self-regulatory organizations 1. In addition to the development and establishment of rules and standards for self-regulatory organizations, a self-regulatory organization performs the following basic functions in relation to its members:

From the book Federal Law on Self-Regulatory Organizations the author State Duma

Article 10. Financing the activities of self-regulatory organizations 1. The sources of formation of the property of a self-regulatory organization in monetary and other forms are: regular and one-time receipts from subjects of entrepreneurial or professional

From the book Federal Law on Self-Regulatory Organizations the author State Duma

Article 21. Interaction of self-regulatory organizations with regulatory bodies 1. Regulatory bodies send to a self-regulatory organization: drafts of normative legal acts prepared by them on the implementation of entrepreneurial or

the author author unknown

Article 55.3. Types of self-regulatory organizations It is allowed for non-profit organizations to acquire the status of self-regulatory organizations of the following types: 1) self-regulatory organizations based on the membership of persons performing engineering

From the book Urban Development Code of the Russian Federation. Text with amendments and additions for 2009 the author author unknown

Article 55.18. Maintaining the state register of self-regulatory organizations 1. Maintaining the state register of self-regulatory organizations is carried out by the supervisory body for self-regulatory organizations. 2. To the state register of self-regulatory organizations

From the book Urban Development Code of the Russian Federation. Text with amendments and additions for 2009 the author author unknown

Article 55.20. National associations of self-regulatory organizations 1. National associations of self-regulatory organizations are all-Russian non-governmental non-profit organizations that unite self-regulatory organizations on the basis of

From the book Urban Development Code of the Russian Federation. Text with amendments and additions for 2009 the author author unknown

Article 55.21. All-Russian Congress of Self-Regulating Organizations 1. Supreme body The National Association of Self-Regulatory Organizations is the All-Russian Congress of Self-Regulatory Organizations of the appropriate type (hereinafter also referred to as the Congress). The congress is convened at least

From the book Urban Development Code of the Russian Federation. Text with amendments and additions for 2009 the author author unknown

Article 55.22. Council of the National Association of Self-Regulatory Organizations 1. The Council of the National Association of Self-Regulatory Organizations is collegial executive body National Association of Self-Regulatory Organizations. 2. Council of the National

the author author unknown

Article 21. Self-regulatory organizations of bankruptcy commissioners 1. The status of a self-regulatory organization of bankruptcy commissioners is acquired by a non-profit organization from the date of inclusion of information on non-profit organization to the unified state register