The law requires membership in a self-regulatory organization for most construction organizations. But the list of types of work that are impossible without admission is changing. Many firms find themselves in a situation where they no longer need membership in an SRO. However, the process of leaving the organization is poorly spelled out in the law.
Instructions
Step 1
Study article 55.7 of the Urban Development Code of the Russian Federation. It provides that membership in an SRO is terminated either voluntarily, or at the suggestion of the board, or due to the liquidation of a legal entity. Submit an application for voluntary withdrawal from the organization. The day of application is considered to be the day of exit To be sure, send the document by registered mail with notification. All attempts to delay the decision to exclude your organization from the SRO violate the City Planning Code.
Step 2
Demand a refund from the SRO compensation fund. To do this, your organization must meet three conditions. Firstly, to engage in works that were excluded from the list of capital construction facilities affecting the safety before August 1, 2010. They were listed in the order of the Ministry of Regional Development. Secondly, your organization does not need permits for other types of work. And thirdly, you had to submit an application for leaving the SRO within a certain time frame, namely: not earlier than two and not later than six months from the date of exclusion of your work from the list of regulated ones.
Step 3
Refer to Part 4, Art. 3.2. Federal Law No. 191-FZ, when you meet a misunderstanding in the SRO board. If your firm meets all three conditions, the compensation fund contribution must be returned to you within ten days. The period is counted from the date of filing the application for withdrawal.
Step 4
Prepare to go to court if they refuse to return your money. Most SROs do not pay back their contributions, although they do not openly declare this. The compensation fund is a subsidiary liability, that is, payments for insured events are divided among all members. Ask your self-regulatory organization to report on how the collected money was spent. Calculate your share of the total compensation fund and the percentage of the remaining amounts. File a lawsuit to get your money back. Simultaneously send complaints to Rostekhnadzor and the National Association of Builders, which unites all non-profit partnerships in this area.
Step 5
Liquidate your company and inform the self-regulatory organization about it. They will automatically exclude you from their members. But in this case, there is no question of any refund of contributions.
