Over the course of their existence on the planet, people have realized that it is advisable to solve all problems in a team. This rule still applies in many areas of human life. But most often it is found in those areas where legal issues are resolved. This applies to judicial activities.
Courts in Russia have a unified system. Each organ performs its own activity. They are necessary to protect the rights and freedoms of people. Various disputes are also considered. These include conflict situations of arbitration courts. Such authorities have their own jurisdiction, as well as their own style of resolving disputes. In litigation, arbitration managers are usually used.
Arbitration concept
An arbitration manager is an employee who performs his work within the courts of the same name. To understand the essence of its activities, you need to familiarize yourself with the principles of the terms. The concept of “arbitration” is used in many countries, including Russia. In almost all states, the tasks of these bodies are similar, but the process of activity may differ. The Arbitration Court is a government body that administers justice in the field of business and economic spheres.
In such an organization, disputes arising from the performance of economic or financial activities are contested. The financial and economic orientation is manifested in many subjects of the process. For example, in Russia, as in other countries, an arbitration manager is sometimes involved. This is a specialist who has the appropriate authority within the scope of his work.
The principles of this institute in Russia
Despite the existence of a general concept in Russia, the work of arbitration courts is special. If we consider the theoretical concept, then this is a judicial body that administers justice in the business sphere and other sectors of the economy. A clear example is the procedure for recognizing the insolvency of an individual or legal entity.
Jurisdiction
By analyzing the operating principles of arbitration courts, one can understand their jurisdiction. By definition of the concept, it is clear that arbitration courts of the Russian Federation consider cases in the field of entrepreneurship and economics. If we study the issue in detail, these courts deal with the following cases:
- civil law;
- socio-legal;
- challenging regulatory documents affecting the interests and rights of persons engaged in business or economic activity;
- challenging the work of officials, decisions of bodies;
- holding entrepreneurs accountable;
- enforcement of foreign court decisions;
- corporate disputes, bankruptcy, protection of business reputation.
This is the entire list of cases; only the authorities can continue it on the basis of the relevant documents. In addition to jurisdiction, there is such a term as the jurisdiction of arbitration courts. Using this category, it is determined which court will hear the case.
Arbitration functions
Courts of this type have the following functions:
- consideration of disputes in the field of entrepreneurship and economics;
- recording and creating data about the subject of your work;
- cessation of violations in the economic sphere of society;
- establishing international connections.
The powers presented are considered essential. Other economic disputes may arise.
Definition of an arbitration manager
During the consideration of cases, an arbitration manager is required. This is a participant in the process, whose main job is to control the activities of a person. But the functions of this participant are more extensive than many people know.
An arbitration manager is a management professional. Its functions consist of anti-crisis management of enterprises that are under the control of arbitration. There is often confusion of concepts. For example, not everyone knows that a manager is a procedural person who can exercise control from a specific arbitration.
What does this status mean?
The manager of the arbitration court is a private person exercising public law functions. All his decisions are considered binding. Failure to comply will result in liability. These employees are among the SROs of arbitration managers. These structures have their own rules that they need to conduct their work competently.
SRO
The self-regulatory organization of arbitration managers is a non-profit company. It employs business entities that exist to improve a specific production area. Sometimes an institution includes employees in a specific professional area.
A self-regulatory organization of arbitration managers controls business entities. But supervision is not carried out in all economic areas, but only in those in which there is state interest.
So, self-regulatory organizations of arbitration managers are companies that unite representatives of this institution. They also monitor their work. The arbitration manager is the subject of the procedure for confirming the debtor's insolvency. His work determines the fate of the debtor. Because of this, the functions of the institution must be considered using the term “bankruptcy”. The manager is an important participant in the process, since he can both liquidate the company and save it from closure. Therefore, the SRO of arbitration managers is almost the main one in such procedures.
Classification
There are several types of positions that these employees can work in. The organization of arbitration managers consists of:
- temporary employees who are needed for supervisory work;
- administrative employees carrying out financial activities of the company;
- external managers working with the same structure;
- bankruptcy employees who carry out bankruptcy management procedures.
There is also an assistant to the arbitration manager, who takes on part of the work himself. They can perform both main and additional functions. Sometimes they participate in lawsuits. The assistant arbitration manager is as important a person as the main employee.
Appointment of a manager
The decision to participate in bankruptcy proceedings is made by a judicial act. This document identifies all important identification information:
- Name Patronymic name;
- taxpayer number;
- registration number.
The latest information can be found using the register of insolvency practitioners. This database contains information about employee performance. The registration number allows one to find lists of insolvency cases in which he is involved.
So, the register is considered an effective method of obtaining information about the person who will exercise control, even before contacting him. The court document indicates the postal address of the specialist in order to notify him in the future about the progress of the bankruptcy case. It is important to consider that remuneration is paid depending on goals and objectives.
Principle of legal status
The law imposes its own requirements on managers. With the help of this institution, financial restructuring and sometimes absolute liquidation of enterprises due to bankruptcy are carried out. It turns out that the arbitration manager must perform his functions efficiently, because otherwise, appropriate legal sanctions may apply.
The legal status of managers has a list of requirements for people who want to work in this specialty. To perform this activity, several conditions must be met:
- citizenship of the Russian Federation;
- joining an SRO;
- higher education;
- work experience;
- internship;
- exam;
- no disciplinary action;
- no criminal record;
- availability of a compulsory insurance document.
Thanks to the requirements, you will be able to control the work of employees. When performing his activities, a person has his own rights and obligations. Responsibility is assigned for violation of the legal regime. In court documents, a specialist must indicate, in addition to basic information, special information.
An assistant specialist must undergo an internship before being appointed to a position. During this process he learns the principles of doing the job. Only with practice can you begin your duties.
SRO of arbitration insolvency practitioners is a non-profit organization based on membership, created by citizens of the Russian Federation, information about which is included in the unified state register of self-regulatory organizations of arbitration insolvency practitioners and whose activities are to regulate and ensure the activities of insolvency insolvency practitioners.
Self-regulation of SROs of arbitration managers is regulated by the following regulations:
- Civil Code of the Russian Federation of November 30, 1994 No. 51-FZ.
- Federal Law of December 1, 2007 No. 315-FZ “On Self-Regulatory Organizations”.
- Federal Law of January 12, 1996 No. 7-FZ “On Non-Profit Organizations”.
- Federal Law of October 26, 2002 No. 127-FZ “On Insolvency (Bankruptcy)”.
- Government Decree No. 52 of February 30, 2005 “On the regulatory body exercising control over the activities of self-regulatory organizations of insolvency practitioners.”
- And other regulatory legal acts.
An arbitration manager is a citizen of the Russian Federation who is a member of one of the self-regulatory organizations of arbitration managers.
The self-regulatory organization (SRO) of arbitration managers establishes the following mandatory conditions for membership in this organization:
- Availability of higher professional education.
- Having worked in management positions for at least a year and an internship as an assistant to an arbitration manager in a bankruptcy case for at least six months or an internship as an assistant to an arbitration manager in a bankruptcy case for at least two years, unless longer periods are provided for by the standards and the rules of professional activity of arbitration managers, approved by a self-regulatory organization.
- Passing the theoretical exam in the training program for arbitration managers.
- Absence of punishment in the form of disqualification for committing an administrative offense or in the form of deprivation of the right to occupy certain positions or engage in certain activities for committing a crime.
- No criminal record for committing an intentional crime.
The conditions for membership in a self-regulatory organization (SRO) of arbitration managers are also that the member of the self-regulatory organization (SRO) has a compulsory liability insurance agreement, and that the member of the self-regulatory organization makes the contributions established by it, including contributions to the compensation fund of the self-regulatory organization (SRO).
The contract of compulsory insurance of the liability of the arbitration manager for causing losses to persons participating in the bankruptcy case and other persons in connection with non-fulfillment or improper performance of the duties assigned to the arbitration manager in the bankruptcy case must be concluded with an insurance organization accredited by the self-regulatory organization of arbitration managers, on for a period of at least one year with the condition of its renewal for the same period. The minimum amount of the insured amount under the contract of compulsory liability insurance of the arbitration manager cannot be less than three million rubles per year.
The self-regulatory organization (SRO) of arbitration managers, as a condition of membership in it, along with requirements, has the right to establish other requirements for the competence, integrity and independence of the arbitration manager.
| Name | Number of AU |
|---|---|
| NP "MSO PAU" - Non-profit partnership "Interregional self-regulatory organization of professional arbitration managers" Moscow, emb. Kotelnicheskaya, house. 17 registration number #0011, http://npmsopau.ru |
1131 |
| NP "SSAU" - Non-profit partnership "Siberian Guild of Anti-Crisis Managers" Khanty-Mansiysk Autonomous Okrug - Yugra AO, Khanty-Mansiysk, st. Koneva, house. 18 registration number #0009, |
358 |
| NP SOAU "Mercury" - Non-profit partnership "Self-regulatory organization of arbitration managers "Mercury" Moscow, st. Tverskaya-Yamskaya 4-Ya, building. 2/11str2 registration number #0012, http://soautpprf.ru |
256 |
| NP "OAU "Avangard" - Non-profit partnership "Association of arbitration managers "Avangard" Moscow, st. Makarenko, house. 5, building 1A, room. I, room 8,9,10 registration number #005, |
233 |
| NP "SRO NAU "DELO" - Non-profit partnership "Self-regulatory organization of independent arbitration managers "DELO" Moscow region, Dubna, st. Zhukovsky, house. 2 registration number #0019, |
233 |
| NP "SMiAU" - Non-profit partnership "Union of Managers and Crisis Managers" Moscow, st. Nizhegorodskaya, house. 32k15 registration number #0003, |
229 |
| PAU Central Federal District - Non-profit partnership "Self-regulatory organization of arbitration managers of the Central Federal District" Moscow, proezd. Ostapovsky, house. 3str6 registration number #002, |
225 |
| Association "SMSOAU" - Association "Siberian Interregional Self-Regulatory Organization of Arbitration Managers" Omsk region, Omsk, st. 5 Armies, house. 4 registration number #010, http://sroomsk.ru |
222 |
| NP "MSOAU "Strategy" - Non-profit partnership "Interregional self-regulatory organization of arbitration managers "Strategy" Voronezh region, Voronezh, ave. Leninsky, house. 172 registration number #0015, |
212 |
| Union "SOAU "Alliance" - Union "Self-regulatory organization of arbitration managers "Alliance" Nizhny Novgorod region, Nizhny Novgorod, st. Ilyinskaya, house. 69 registration number #009, http://alians009.ru |
203 |
| Association MSRO "Assistance" - Association "Interregional self-regulatory organization of arbitration managers "Assistance" Oryol region, Orel, st. Kurskaya 3rd, building. 15 registration number #003, http://www.msro.ru |
193 |
| Association "KM SRO AU "Unity" - Association "Krasnodar interregional self-regulatory organization of arbitration managers "Unity" Krasnodar region, Krasnodar, st. named after Pushkin, house. 47/1 registration number #0022, http://www.sro-edinstvo.net |
192 |
| NP "MSK SRO PAU "Commonwealth" - Non-profit partnership "Interregional North Caucasus self-regulatory organization of professional arbitration managers "Commonwealth" Stavropol Territory, Stavropol, Ave. Kulakova, house. 9b registration number #007-2, |
180 |
| Union "ICAU" - Union "Interregional Center of Arbitration Managers" Yaroslavl region, Yaroslavl, st. Nekrasova, house. 39B registration number #0034, http://npmcau.ru |
177 |
| NP "Association MSRO AU" - Non-profit partnership "Association of Interregional Self-Regulatory Organization of Arbitration Managers" Rostov region, Rostov-on-Don, st. Beregovaya, house. 5 registration number #001-4, http://amsro.ru |
174 |
| NP "NGAU" - Non-profit partnership "National Guild of Arbitration Managers" Moscow, st. Lesteva, house. 18 registration number #0005, |
174 |
| NP SRO "Liga" - Non-profit Partnership "Self-regulatory organization of arbitration managers "Liga" Penza region, Penza, st. Volodarsky, house. 9 registration number #0021, |
172 |
| NP "DMSO" - Non-profit partnership "Far Eastern Interregional Self-Regulatory Organization of Professional Arbitration Managers" Khabarovsk region, Khabarovsk, st. Krasnorechenskaya, house. 92 registration number #0008, |
161 |
| AAU "STSEAU" - Association of Arbitration Managers "SIBERIAN CENTER OF CRISIS MANAGEMENT EXPERTS" Novosibirsk region, Novosibirsk, st. Pisareva, house. 4 registration number #0010, http://novosibsro.ru/ |
161 |
| NP "RSOPAU" - Non-profit partnership "Regional self-regulatory organization of professional arbitration managers" Moscow, emb. Luzhnetskaya, house. 2/4, page 17 registration number #001-6, |
158 |
| NP "Kuzbass SOAU" - Non-profit partnership "Kuzbass Self-Regulatory Organization of Arbitration Managers" Kemerovo region, Kemerovo, ave. Oktyabrsky, house. 4, off. 406 registration number #0001, |
154 |
| NP SRO AU "Eurosib" - Non-profit partnership "Eurosibirsk self-regulatory organization of arbitration managers" Bashkortostan Republic, Ufa, st. Revolutionary, house. 96/4 registration number #0023, http://www.eurosib-sro.ru |
154 |
| NP "VAU "Dostoyanie" - Non-profit partnership of "Leading Arbitration Managers "Dostoyanie" St. Petersburg, pr-kt. Obukhov Defense, building. 120, letter E registration number #0037, |
149 |
| Union "SRO AU SZ" - Union "Self-regulatory organization of arbitration managers of the North-West" St. Petersburg, st. Smolny, house. 1/3, entrance 6 registration number #001-3, http://sroausz.ru |
131 |
| NP "CFOP APK" - Non-profit partnership "Center for Financial Recovery of Agro-Industrial Enterprises" Moscow, st. Dmitrovka B., house. 32str1 registration number #0032, http://partnerapk.ru |
125 |
| NP SOPAU "Alliance of Managers" - Non-profit partnership "Interregional self-regulatory organization of professional arbitration managers "Alliance of Managers" Krasnodar region, Krasnodar, st. North, house. 309 registration number #0006, |
125 |
| NP "CAAU" - Non-profit Partnership "Central Agency of Arbitration Managers" registration number #0036, http://www.npcaam.ru |
122 |
| SOAU "Continent" (SRO) - Union of Arbitration Managers "Continent" (self-regulatory organization) St. Petersburg, st. Tverskaya, house. 20, lit. A, room 8N registration number #0007, |
118 |
| NP "NARN SNO" - Non-profit partnership "National Association for Restructuring and Insolvency (self-regulatory non-profit organization)" Penza region, Penza, st. Sovetskaya, house. 10 registration number #0026, |
113 |
| NP SRO "MCPU" - Non-profit partnership self-regulatory organization of arbitration managers "Interregional Center of Experts and Professional Managers" Moscow, pr-kt. Mira, home. 101B registration number #011, |
110 |
| Association "SRO AU "South Ural" - Association "Self-regulatory organization of arbitration managers "South Ural" Chelyabinsk region, Chelyabinsk, pr-kt. Lenin, house. 5 registration number #0004, http://sural.ru |
107 |
| SAMRO "Association of Anti-Crisis Managers" - Self-regulatory interregional public organization "Association of Anti-Crisis Managers" Samara region, Samara, sh. Moskovskoye (18 km) registration number #012, |
99 |
| NP MSOPAU - Non-profit partnership "Moscow self-regulatory organization of professional arbitration managers" Moscow, proezd. Lubyansky, house. 5page1 registration number #006, |
98 |
| NP "SRO AUSS" - Non-profit partnership "Self-regulatory organization of arbitration managers "Northern Capital" St. Petersburg, st. Novolitovskaya, house. 15, letter A registration number #004, http://www.sross.ru |
97 |
| NP SRO "SEMTEK" - Non-profit partnership "Self-regulatory organization of arbitration managers of natural monopolies in the fuel and energy complex" Moscow, st. Basmannaya Nov., building. 13/2str1 registration number #0002, |
95 |
| NP "URSO AU" - Non-profit partnership "Ural Self-Regulatory Organization of Arbitration Managers" Sverdlovsk region, Ekaterinburg, st. Gorky, house. 31 registration number #001-2, http://urso.ru |
87 |
| NP SRO AU "Synergy" - Non-profit partnership self-regulatory organization of arbitration managers "Synergy" registration number #0040, http://srosinergy.rf |
78 |
| NP SRO AU "DEVELOPMENT" - Non-profit partnership Self-regulatory organization of arbitration managers "DEVELOPMENT" Moscow, per. Tishinsky B., house. 38 registration number #0024, http://www.razvitiesro.ru |
77 |
| AAU "GARANTIA" - Association of Arbitration Managers "GARANTIA" Nizhny Novgorod region, Nizhny Novgorod, st. Bolshaya Pecherskaya, house. 45A registration number #0027, http://www.crogarantia.ru |
72 |
| NP AU "ORION" - Non-profit partnership of Arbitration managers "ORION" St. Petersburg, st. Gagarinskaya, house. 25 letter A registration number #0035, |
68 |
| NP SRO "Guild of Arbitration Managers" - Non-profit partnership "Self-regulatory organization "Guild of Arbitration Managers" Tatarstan Republic, Kazan, st. Kremlevskaya, building. 13 registration number #001-5, http://gaurt.ru |
60 |
| Non-profit partnership "Association of arbitration managers "Vozrozhdenie" registration number #0041, |
57 |
| SRO "AAU "Paritet" - Self-regulatory organization "Association of Arbitration Managers "Paritet" Moscow region, Dmitrovsky district, Dmitrov, st. Industrial, house. 3, part 1 registration number #0018, http://www.sro-paritet.ru |
53 |
| NP "TOSO" - Non-profit partnership "Pacific Self-Regulatory Organization of Arbitration Managers" Primorsky Krai, Vladivostok, st. Aleutskaya, house. 45A registration number #0013, |
53 |
| Union "EXPERT" - Crimean Union of Professional Arbitration Managers "EXPERT" registration number #0045, http://www.soyuz-expert.rf |
52 |
| Association "First SRO AU" - Association "First Self-Regulatory Organization of Arbitration Managers registered in the unified state register of self-regulatory organizations of arbitration managers" Moscow, st. Cattle drive, house. 29/1 registration number #001-1, http://www.1cpo.ru |
50 |
| NP "SRO AU "Association" - Non-profit partnership "Self-regulatory organization of arbitration managers "Association" registration number #0025, |
42 |
| Association "NatsArbitr" - Association "National Organization of Arbitration Managers" registration number #0042, http://www.sroarbitr.ru |
41 |
| NP for promoting the activities of a/u "Initiative" - Non-profit partnership for promoting the activities of arbitration managers "Initiative" registration number #0039, |
36 |
| NP "SOAU "Egida" - Non-profit partnership "Self-regulatory organization of arbitration managers "Egida" Penza region, Penza, st. Sovetskaya, house. 4 registration number #0033, http://egida-sro.ru/ |
35 |
| Association "PSOPAU" - Association "Volga Region Self-Regulatory Organization of Professional Arbitration Managers" Penza region, Penza, st. Rachmaninov, house. 1 registration number #0017, http://www.psopau.ucoz.ru |
34 |
| NP AU "Region" - Non-profit partnership of Arbitration managers "Region" St. Petersburg, per. 3rd Rabfakovsky, building. 5k4 litera registration number #0029, |
28 |
| NP AU "Solidarity" - Non-profit partnership of arbitration managers "Solidarity" Khanty-Mansiysk Autonomous Okrug - Yugra AO, Nefteyugansk, n. Industrial zone Pionernaya, st. Residential registration number #0044, http://www.np-solidarnost.ru |
26 |
| NP AU "Neva" - Non-profit partnership of Arbitration managers "Neva" St. Petersburg, per. 3rd Rabfakovsky, building. 5k4 litera registration number #0030, |
24 |
| NP AU "Partner" - Non-profit partnership of Arbitration managers "Partner" St. Petersburg, per. 3rd Rabfakovsky, building. 5k4 litera registration number #0031, |
23 |
| UNION "AU "LAW CONSCIOUSNESS" - UNION OF "ARBITRATION MANAGERS "LAW CONSCIOUSNESS" registration number #0046, http://www.npps-e.ru |
20 |
| NP AU "Commonwealth" - Non-profit partnership of arbitration managers "Commonwealth" St. Petersburg, line. 4th V.O. registration number #0043, http://www.sodau.ucoz.ru |
15 |
| NP "Leader" - Non-profit partnership "Association of arbitration managers "Leader" registration number #0047, http://oaulider.ru |
8 |
| Union "Kuzbass SOAU" - Union "Kuzbass Self-Regulatory Organization of Arbitration Managers" registration number #0001, http://ksoau.ru |
6 |
| SO AAU - Self-regulatory organization Association of Arbitration Managers registration number #0026, http://www.coaau.ru |
3 |
| RSSOAU Moscow, st. Derbenevskaya, house. eleven registration number #0028, http://www.rssoau.ru |
0 |
How to choose SRO arbitration managers?
- Check the organization for its presence in the Unified Federal Register of Bankruptcy Information;
- Pay attention to the year of creation: the earlier the SRO was created, the better;
- Clarify the number of active members in the organization: the more managers in the organization, the better;
- Pay attention to the size of the compensation fund.
Functions of SRO
NCB partners
The National Bank cooperates only with verified and certified SROs included in the Unified Federal Register of Bankruptcy Information."NP PAU Central Federal District"
dated November 25, 2011 No. 0035 Association "Self-regulatory organization of arbitration managers of the Central Federal District." Self-regulatory organization of arbitration managers in Moscow.
"NP AU ORION"
Certificate of entry into the registerdated November 25, 2011 No. 0035 Non-profit partnership of Arbitration Managers "ORION" (NP AU "ORION"). SRO of arbitration managers for bankruptcy of individuals in St. Petersburg.
"NP MSOAU "Strategy""
Certificate of entry into the registerdated October 24, 2003 №0015 Non-profit partnership "Interregional self-regulatory organization of arbitration managers "Strategy".
- guarantee of compliance by its members with the laws of the Russian Federation, norms and rules of professional activity of arbitration executors;
- ensuring transparency of the activities of its members;
- assistance in improving the professional competence of its members.
Features of SRO activities
SROs regularly provide training to their members on legislative innovations and monitor their level of knowledge. The largest SROs of arbitration managers in Moscow and St. Petersburg were created, as a rule, in the early 2000s. Such organizations are more demanding about the level of training of their members and monitor their work more carefully. To create an SRO, a lower limit on the number of its members is set at 100 people. The organization exists on contributions from its members. It follows from this that SROs with a longer period of activity, and therefore with a larger number of members, are financially more stable than recently created organizations.
Requirements for SRO candidates:
- registration as an individual entrepreneur;
- higher education;
- 2 years of experience in a managerial position;
- certificate from the theoretical exam for the training program for arbitration managers;
- internship as an assistant to an arbitration manager for 6 months.
The activities of SRO members are insured by the Compulsory Liability Insurance Agreement for causing losses to persons participating in a bankruptcy case and other persons in connection with non-fulfillment or improper fulfillment of the duties assigned to the arbitration manager in a bankruptcy case. The minimum insurance amount is three million rubles per year.
Insurance is also carried out through the formation of a SRO compensation fund, formed from contributions from members and amounting to at least 50 thousand rubles for each.
SRO structural divisions:
- to control the activities of its members;
- on consideration of cases on the imposition of liability measures on members of the organization;
- on the selection of candidates, their presentation to arbitration courts and the approval of these persons to participate in the bankruptcy case.
(see text in the previous edition)
1. The status of a self-regulatory organization of arbitration managers is acquired by a non-profit organization from the date of inclusion of information about the non-profit organization in the unified state register of self-regulatory organizations of arbitration managers.
For inclusion of a non-profit organization in the unified state register of self-regulatory organizations of arbitration managers, a state fee is paid in the amounts and in the manner established by the legislation of the Russian Federation on taxes and fees.
2. The basis for including information about a non-profit organization in the unified state register of self-regulatory organizations of insolvency practitioners is its fulfillment of the following mandatory requirements:
compliance of at least one hundred of its members with the conditions of membership in a self-regulatory organization of arbitration managers, approved by the self-regulatory organization;
participation of its members in at least one hundred (in total) procedures applied in bankruptcy cases (including those not completed as of the date of inclusion in the unified state register of self-regulatory organizations of arbitration managers), with the exception of procedures applied in bankruptcy cases to absent debtors ;
the presence of a compensation fund formed in the amount and in the manner established by Article 25.1 of this Federal Law;
the presence of standards and rules for the professional activities of arbitration managers developed in accordance with the requirements of this Federal Law and which are mandatory for members of the self-regulatory organization of arbitration managers;
the creation of management bodies and specialized bodies of a self-regulatory organization of arbitration managers, the functions and competence of which comply with the requirements provided for in Article 21.1 of this Federal Law.
3. Liquidation of a non-profit organization that has the status of a self-regulatory organization of arbitration managers is carried out in accordance with the legislation of the Russian Federation on non-profit organizations, taking into account the specifics established by this Federal Law.
The liquidation commission of a non-profit organization that has the status of a self-regulatory organization of arbitration managers includes a representative of the national association of self-regulatory organizations of arbitration managers.
4. A self-regulatory organization of arbitration managers can be reorganized only in the form of a merger of two or more self-regulatory organizations of arbitration managers or in the form of a merger of one self-regulatory organization of arbitration managers with another self-regulatory organization of arbitration managers in
A citizen or enterprise performing the functions of an arbitration manager must have permission from the SRO, which regulates the implementation of activities in accordance with its profile. And therefore, joining a self-regulatory organization of professional arbitration managers is the very chance that makes it possible to work with current legislative norms.
Cost of SRO admission
In all other situations, the activities of arbitration managers will be recognized as illegal!
Attention! Fulfilling obligations without SRO approval at the legislative level is impossible.
Situations often arise when joining a self-regulatory organization of insolvency practitioners should be as quickly as possible. To this end, enterprises have begun to appear on the market that perform intermediary functions and offer to quickly draw up all the necessary documents, including the SRO certificate of admission. But this option is not always correct, since the head of the company must independently decide on the choice of the appropriate NP SRO arbitration managers.
In accordance with this, a logical question for company managers is: how to choose SRO arbitration managers? First, you need to look through the list of self-regulatory organizations of arbitration managers who may be a potential partner of your company. And you definitely need to look at certain criteria by which companies choose this or that SRO.
Selecting SRO arbitration managers - step one
Typically, company managers choose in favor of those SROs that are located in the same city as the company itself. This is not entirely the right step, since there may be one SRO in the city that will not satisfy all the requirements that you place on it. Don’t be afraid to choose those SROs that are actually located far from you - in the age of modern technology, keeping in touch with an organization within one state is not at all difficult.
It is best to pay attention to those self-regulatory organizations that are located in Moscow and St. Petersburg. Here, the most important thing for the manager will be to choose the most profitable and prosperous SROs, with a large number of participants. The competition in these cities among SROs is quite high, and therefore those organizations that are in demand among participating companies are, as a rule, the best ones to join.
Be sure to pay attention to the number of SRO members. Here you should be guided by the rule “the more, the better.” You can also find the contact information of any participant in a non-profit partnership, contact the head of this company and inquire about the attitude of the SRO towards its members. You can also contact the SRO you are planning to join and communicate personally with its employees to understand how knowledgeable the employees are, what kind of help they can provide in the event of unpleasant and urgent situations, etc.
What does the SRO of arbitration managers give to its participants?
It is imperative to remember that an SRO will not only give permission to carry out activities, but can also help in many other matters. As a rule, good self-regulatory organizations that have been operating for several years now have well-established connections with courier services, insurance companies, lawyers, etc. This means that in the event of any emergency situations in which you may need these services for cooperation, you can always contact your SRO so that such a service can be provided for you.
Also, the SRO always has its own qualification center, where professional development courses are always organized for employees of participating enterprises. SROs always offer discounts on such events, and thus you can always send your employees to training at low prices.
Rules for working with Rosreestr of SROs of arbitration managers
Requirements of SROs of arbitration managers for potential candidates for membership
The requirements that SROs of arbitration managers impose on their candidates for membership are strictly regulated by the norms of the legislation of the Russian Federation.
However, this does not mean that SROs cannot exceed their powers. There are a large number of cases where the requirements turned out to be excessive, and after complaints to higher authorities, such self-regulatory organizations were disbanded. Therefore, it is imperative to contact personally with the leaders of non-profit partnerships before signing a cooperation agreement with an SRO.
In order to become a member of the SRO of arbitration managers, the company must comply with the following conditions:
- Have at least 100 specialized specialists on the company’s staff. Each of these employees must meet the requirements established by law for insolvency practitioners. This can be found out by reading the law “On Self-Regulatory Organizations”.
- The organization must have its own compensation fund. Its size is directly dependent on the officially established number of arbitration managers who work in the company.
- Enterprise participants must successfully handle corporate bankruptcy cases. There must be at least 100 such cases filed. This requirement includes organizations that have closed these cases, as well as companies that are still processing them. This does not take into account those bankruptcy procedures during which the debtors are not present.
The compensation fund of arbitration managers must be contained in cash equivalent.
Important! The size of the property that is in the fund must be a certain amount, based on the calculation of 50,000 rubles per specialist.
In other words, if the organization must have more than 100 competent employees, then the compensation fund must have a size of at least 5,000,000 rubles. And without fulfilling this requirement, it is impossible to obtain permission to carry out activities.
How to join the SRO of arbitration managers - what is necessary
So, after the head of the enterprise is identified with the SRO of arbitration managers, it is necessary to begin the procedure for joining the self-regulatory organization. At the first stage, it is necessary to prepare all the documents necessary for entry. There is a specific list of documents, which includes:
- Application for entry.
- Charter of the enterprise.
- Extract from the Unified State Register of Individual Entrepreneurs, Unified State Register of Legal Entities.
- Company card or identity documents (for individuals).
- Documents that confirm withdrawal from the previous SRO (if there was such a situation).
This is the main list of documents; many SROs have the right to make their own adjustments to it.
