Quantitative Requirement

By | August 29, 2014

Quantitative threshold for the establishment of SROs in the construction is very high. In accordance with the provisions of Art. 55.4 Town Planning Code, the SROs in the area of engineering research and preparation of project documentation should unite in its composition is not less than 50 entrepreneurs and / or legal persons, and in construction – not less than 100. Experts identify several problems associated with such a high quantitative qualifications. Firstly, in many regions may simply not find such a number of engineering surveyors, planners and builders.

Second, many construction companies are holdings consisting of a series of legal persons performing various types of construction works and unrelated variety intracorporate bonds. To continue its activities to such a small and narrow-purpose entities have become parties to the sro construction. It is possible that a significant number of the latter turns out to be affiliated entities, which are counted as one person when determining the number of members of the SROs (Section 3, Article. 55.4 Urban Development Code). Again there problem of numerical barrier. The problem has more affiliation and financial dimension: affiliates within the sro in the building will bear the financial obligations of each in its entirety, but for the purposes management decision-making will be granted only one vote at all, being treated as one person. To avoid problems associated with affiliation, legal persons of a building holding, seem to be must be transformed through mergers into larger multi-legal entity, which will require significant changes and restructuring of the corporate structure of holdings. In addition, it can lead to reduce the number of participants of the construction of the complex, working in the region, and a lack of potential members of SROs in the building.


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