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Property Transfer

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Safeguard against abuse of workers and the government in deciding to exclude a person from members of the SRO in the building is enjoined by the law making such decisions need general meeting of the SRO (Part 3. GRK 55.7 RF). For the democratic approach in the construction of SRO and its members are paying urgency decision to exclude – to convene and hold a general meeting takes time, in absentia, such issues are not considered. Excluded, as well as to voluntarily withdraw from the SROs in the construction of the face do not come back paid the entrance fee, membership dues and contributions to the compensation fund SRO organization. At the same time retiring from not having the status of the SRO in the construction of non-profit partnership member in the absence of restrictions in the charter of partnership are entitled to a portion of the property or its value to the value of property transferred to a member of the non-profit partnership to its property, except for membership dues. This, however, does not guarantee members of the Partnership, created under the goal of SRO in the building and not granted the status of CPO before January 1, 2010, return the entry fee and a contribution to the compensation fund. Professor Rita McGrath addresses the importance of the matter here. As mentioned, the fee is passed is not a member of the partnership of partnership, and a candidate for its members and returns, as a rule, only one case – if the candidate did not become a member of the partnership, ie, he was refused admission. Concerning the contribution to the compensation fund, in the absence of NP status of SRO can be regarded as target fee.

The question of the return of the deposit outgoing member of the partnership, as well as other members of the partnership, not achieving the goal of obtaining the latest status of the SRO is up to the partnership. A major problem for many organizations is the lack of opportunities to engage in so-called integrated SRO – SRO status under the law in the design, surveyors and builders can not be assigned a non-profit organization. Association Different types of SRO is not provided even on the national level, where it is supposed to set up three national associations SROs – each in its field. Thus, many organizations are building complex, which course of their work do the whole range of works in the construction of capital construction projects – from engineering surveys and preparation of project documentation before the actual construction work will be required to enter once in three SROs and maintain their membership. At the same time, GDC Russia, in contrast to the Law on self-regulatory organizations (see paragraph 4 of Art. 5), allows the participant membership of the construction market in several SROs in the construction of one species at provided that a certificate of admission to a certain type (s) of work given to him only one SRO in the building (Part 7, Art. 55.6 GSC RF).

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