Construction Industry

At the moment we have a situation where an entrepreneur in the construction industry must join the SRO in the building and pay a fee to the compensation fund in an amount not less than 300 thousand rubles. At the same time The law stipulates that the money he paid for all time. Recall that the implementation of the return of the contribution of the compensation fund SRO is not provided (Article 55.7 GrKRF). Terms of CPO output in the construction are not spelled out. While individual entrepreneur or legal entity are members of the SROs, they are obliged to bear the financial burden of maintaining physical security responsibilities of its members in case of injury resulting from defects work within the competence of SRO in the building.

Why the entity is obliged to 'give' your money if you hit out of the ranks of SRO? The reasons for exit may be enough: removing from the jurisdiction of SROs in the construction certain types of work that provides an economic entity, the decision to terminate the construction activities, reorganization, change the location of the organization, etc. For example, the organization engaged in construction works and production of construction materials under the influence of various factors, she decides to concentrate on the latter and not to bear additional costs in the form of membership dues SRO decides to withdraw from the SRO in the building. Legislatively defined procedures for this are not available. It seems that this procedure should be as simple as: submission of an application stating the reasons and the planned timing of the termination of membership. Unclear reasons for not returning a contribution to the compensation fund. If the entrance and membership fees submitted by members of SRO, used to support the operation of SROs in the building, then means of a compensation fund and can not be used SROs, except for payments for damage caused by its members to third parties. Consequently, voluntarily terminating their membership in the SRO organization has the right get your money back. Does not infringe any legal requirements regarding the minimum size of the compensation fund SROs: at least 300 thousand rubles.

for one member of SRO in the building if required requirements for liability insurance to third parties. These provisions seem fair. By uniting, entities create a kind of charter capital of associations, some of which must be returned voluntarily retiring from the merger entity. Revisions to the Construction Code of the changes will significantly liberalize the Institute of SRO in the building.