Russian Guild of Arbitration Managers (ROSGAU) is an managing organization for a group of companies professionally specializing in dealing with overdue accounts payable.

In 2010, the Ministry of Justice of the Russian Federation issued the only license in the industry for the use of derivatives from the word “Russia” in the name of the Guild, and the Russian Public Association “Russian Guild of Arbitration Managers” was registered.

The structure of ROSGAU includes:

NP Siberian Guild of Crisis Managers(NP SGAU, www.npsgau.ru), the largest self-regulatory organization of arbitration managers in Russia, has regional offices in all subjects Russian Federation and unites more than 400 arbitration managers.

Law office and Law Firm with 32 full-time lawyers.

Also, more than 165 specialized organizations in all regions of Russia - auction organizers, appraisal, audit and consulting companies specializing in support of bankruptcy procedures.

This is one of Russia's leading teams of experts in the field of insolvency resolution, who have confirmed their highly qualified since 1996 during the entire period of functioning of the institution of bankruptcy in Russia. The Guild took part in the development of a number of federal laws, a significant number of other regulatory legal acts, resolving difficult economic situations, including anti-crisis management, supporting the most complex bankruptcy procedures, raising additional funding at various stages of the procedure, organizing LBO and MBO.
Russian Guild of Arbitration Managers in any project he declares the maximum goals, because he is distinguished by a well-coordinated composition of first-class performers, professionals, where everyone is the bearer of unique experience and knowledge.
Bankruptcy is one of the most important tools used in the restructuring of problem assets and collection of overdue debts. The Russian Guild of Arbitration Managers will ensure the effective use of all the possibilities of special situations and provide an effective way out of crisis conditions, solving the problem of overdue debts, legal debt cancellation, deferment of payments, the possibility of financial recovery and rehabilitation, and the sale of non-core assets.

Having significant experience in implementing recovery and bankruptcy procedures at enterprises various industries economy. Members of the Guild carried out more than 5,000 recovery and bankruptcy procedures at enterprises of various forms of ownership and industries, including large, socially significant and city-forming enterprises. Thanks federal bodies authorities of the Russian Federation.

NP "SSAU" is a unique professional community that brings together leading experts in the field of law, economics and management, effectively engaged in crisis management. The Guild develops and maintains strong business contacts with arbitration courts, with regulatory and authorized bodies, as well as with the business community. Arbitration managers of the Guild are guided in their activities by the Rules professional activity and business ethics, the main principles of which are legality, good faith and reasonableness.

Assignment of rights to an apartment in case of bankruptcy of the developer
Igor, June 30, 2017, 15:56

Hello. The apartment in the Su-155 building is fully paid. Treaty equity participation according to 214-FZ, it is registered with the state registration authorities. There is a positive court decision on inclusion in the register of claims. The act of acceptance is not...

validity of the reasons for missing the deadline for filing a claim
Larisa, May 25, 2017, 16:01

Good evening! By the decision of the Arbitration Court of the Voronezh Region of August 21, 2016, the NPC-Stroy consumer housing and construction cooperative was declared bankrupt. Bankruptcy proceedings are open for 6 months. I am a shareholder of a cooperative and bought a 2-room apartment...

Hello! This is the situation, we ordered a monument in November 2016, now, in May, we just decided to find out what happened to our monument, and the company turned out to be bankrupt. What should we do? Can I get back the amount paid?

Bankruptcy: Legislation

Bankruptcy: Litigation

In order to recognize the claim of the shareholder as justified and include it in the register of creditors' claims, it is necessary to provide evidence of the existence of an agreement providing for the transfer of residential premises and payment under this agreement

"APPROVED"

Council of the Nonprofit

Partnership Siberian Guild

anti-crisis managers"

REGULATIONS

Non-profit partnership

"Siberian Guild of Anti-Crisis Managers"

Moscow

2008.

1. GENERAL PROVISIONS

1.1. This Regulation has been developed on the basis Civil Code RF, federal law“On Insolvency (Bankruptcy)”, the Federal Law “On Non-Commercial Organizations”, the Federal Law “On Self-Regulatory Organizations”, the Charter of the Non-Commercial Partnership “Siberian Guild of Anti-Crisis Managers” (hereinafter referred to as the Partnership).

1.2. The Regulation determines the procedure for joining the Partnership, the rights and obligations of members of the Partnership, membership fees, the amount and procedure for their payment, the liability of members of the Partnership for non-payment of membership fees, the procedure for terminating membership in the Partnership.

1.3. Partnership members can be individuals, recognizing and complying with the Articles of Association and the Regulations of the Partnership, paying the membership fees established by these Regulations in a timely manner and in full.

1.4. The Partnership is open for new members to join, provided that they comply with all the conditions stipulated by the legislation of the Russian Federation, the Charter of the Partnership, the Regulations of the Partnership.

1.5. The rules of these Regulations are obligatory for all members (candidates for membership) of the Partnership.

1.6. Violation by a member of the Partnership of these Regulations entails the application of disciplinary measures against him, provided for by the Charter and internal documents Partnerships.

2. REQUIREMENTS FOR CANDIDATES

TO THE MEMBERS OF THE PARTNERSHIP

2.1. A citizen of the Russian Federation may be a member of the Partnership if he:

2.1.1. registered as an individual entrepreneur;

2.1.3. has a management experience of at least two years in total;

2.1.4. passed a theoretical exam under the training program for arbitration managers, approved in the manner prescribed by the legal acts of the Russian Federation;

2.1.5. completed an internship for a period of at least six months as an assistant arbitration manager;

2.1.6. does not have a criminal record for crimes in the field of economics, as well as for crimes of medium gravity, grave and especially grave crimes;

2.1.7. is not a member of another self-regulatory organization arbitration managers.

2.2. The following persons cannot be accepted as members of the Partnership:

2.2.1. foreign citizens and stateless persons;

2.2.2. not meeting the requirements specified in paragraph 2.1. of this Regulation;

2.2.3. in respect of which bankruptcy proceedings have been introduced;

2.2.4. expelled from the members of the self-regulatory organization of arbitration managers for the violations committed by them;

2.2.5. who have not compensated for the losses caused to the debtor, creditors and third parties in the performance of the duties of an arbitration manager;

2.2.6. disqualified or deprived of the right to hold managerial positions and (or) carry out entrepreneurial activities for the management of legal entities, be members of the board of directors (supervisory board) and (or) manage the affairs and (or) property of other persons;

3. DOCUMENTS SUPPLIED TO THE APPLICATION FOR ADMISSION

TO THE MEMBERS OF THE PARTNERSHIP

3.1. To join the Partnership, a candidate member of the Partnership must send 2 copies of an application addressed to the President of the Partnership on joining the Partnership (Appendix No. 1) to the Office of the Partnership. The application must be accompanied by 2 photographs 3x4 in size and the following documents in duplicate:

3.1.1. questionnaire (Appendix No. 2);

3.1.2. copy of the passport (1 copy notarized)

3.1.3. copy of the certificate of state registration as an individual entrepreneur, notarized)

3.1.4. a copy of the certificate of registration with the tax authority (1 copy notarized)

3.1.5. copy of diploma higher education(1 copy notarized)

3.1.6. certificate of no criminal record, issued no more than three months before the date of application for admission to the Partnership (1 copy notarized)

3.1.7. a copy of the certificate of passing the theoretical exam under the training program for arbitration managers (1 copy notarized)

3.1.8. a copy of a document confirming the completion of an internship for a period of at least six months as an assistant arbitration manager (1 copy notarized)

3.1.9. copies of documents confirming the experience of managerial work for at least two years in total (management work is recognized as work as a manager legal entity or his deputy, as well as acting as an arbitration manager, subject to the performance of the duties of the head of the debtor, with the exception of cases of bankruptcy proceedings in relation to the absent debtor) (1 copy certified by a notary)

3.1.10. documents confirming exclusion from the Self-Regulatory Organization, if the candidate was previously a member of another Self-Regulatory Organization

3.2. The Partnership has the right to additionally request from the candidate other documents and information that, in accordance with the legislation of the Russian Federation, may affect the decision on the inclusion of a member of the Partnership in the list of candidates submitted by the Partnership to the arbitration court for approval as arbitration managers.

3.3. Documents are stored in the personal files of a member of the Partnership. The first copy of the personal file is stored in the Partnership, the second - in the branch (representative office). The Partnership shall store documents, ensuring the confidentiality of the information contained in them in accordance with the requirements of the legislation of the Russian Federation.

3.4. A candidate member of the Partnership must be familiar with the Articles of Association, these Regulations, other internal documents of the Partnership adopted by the governing bodies of the Partnership.

4. ADMISSION TO THE PARTNERSHIP

4.1. Admission to the membership of the Partnership is carried out by decision of the Council of the Partnership based on the results of consideration of the application for admission to the membership of the Partnership and the documents attached to it.

The Council of the Partnership has the right to decide on the need for the personal presence of the candidate at the meeting, which should consider the issue of his admission to the membership of the Partnership.

4.2. The Partnership Council is not limited in terms of consideration of an application for a citizen to join the Partnership.

4.3. The grounds for refusing admission to membership in the Partnership are:

4.3.1. non-compliance of the candidate with the requirements for a member of a self-regulatory organization of arbitration managers by the Federal Law "On Insolvency (Bankruptcy)", other regulatory legal acts of the Russian Federation, the Charter of the Partnership and these Regulations;

4.3.2. non-submission by the candidate of the documents stipulated by the Articles of Association of the Partnership and these Regulations;

4.3.3. the presence in the documents submitted by the candidate of incomplete and / or inaccurate information.

4.4. After the decision is made by the Partnership Council, the candidate member of the Partnership is notified by the President of the Partnership about the decision.

4.5. A citizen of the Russian Federation becomes a member of the Partnership after the Council makes a decision on admission to membership in the Partnership and makes a contribution to the Compensation Fund of the Partnership, confirmed by the relevant payment document.

4.6. The document confirming the admission of a citizen of the Russian Federation to the members of the Partnership is the decision on admission to the members of the Partnership.

5. RIGHTS AND OBLIGATIONS OF THE MEMBERS OF THE PARTNERSHIP

5.1. Members of the Partnership have the right:

5.1.1. participate in the management of the affairs of the Partnership;

5.1.2. receive information about the activities of the Partnership in the manner prescribed by the Charter of the Partnership;

5.1.3. withdraw from the Partnership at its own discretion;

Computer work: Word, Excel, Microsoft Office, other programs

Are you ready to work as an arbitration manager in the constituent entities of the Russian Federation, if so, please specify in which ones?

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Which of the arbitration managers, specialists, consultants can you recommend to the NP "Siberian Guild of Anti-Crisis Managers"?

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

I consent to the verification of personal data.

I guarantee the accuracy of the information provided in this questionnaire.

Arbitrator

/_________________/ FULL NAME.

"____" _______________ 200__

How do you feel about the rejection of self-regulation and the return of the institution of licensing in the construction industry?

From 04/07/2017 to 05/12/2017

For maintaining self-regulation as it currently exists 0% (0)

For maintaining self-regulation, subject to fundamental changes 0% (0)

For the return of licensing, in the form in which it existed before 2009 0% (0)

For using two mechanisms at the same time: licensing and insurance 0% (0)

For abandoning self-regulation and introducing an insurance mechanism 0% (0)

For the rejection of any regulatory mechanisms in the construction industry 0% (0)

Question answer:

Question: Can a foreign company join an SRO in the construction industry without registering a branch of a foreign company with the Federal Tax Service?

Despite the fact that the Town Planning Code of the Russian Federation explicitly states that foreign legal entities (foreign companies) can join SROs of builders, designers and surveyors, and does not indicate the need to register a branch or representative office of a foreign legal entity in Russia (Art. 55.6 of the GradCode - foreign companies are indicated), self-regulatory organizations, when admitted to membership, are guided by the norms of the Federal Law "On Foreign Investments in the Russian Federation" dated 09.07.1999 No. 160-FZ, where in clause 3, art. 4 indicates the need for accreditation of a branch or representative office of a foreign company in Russia in order to carry out commercial activities.

We quote: “A foreign legal entity whose purpose of creation and (or) activities are of a commercial nature and which bears property liability for the obligations it has assumed in connection with the implementation of the specified activity on the territory of the Russian Federation (hereinafter referred to as the foreign legal entity), has the right to carry out activities on territory of the Russian Federation through a branch, representative office from the date of their accreditation, unless otherwise provided by federal laws. A foreign legal entity terminates its activities in the territory of the Russian Federation through a branch, representative office from the date of termination of the accreditation of the branch, representative office.

Day of accreditation of a branch, representative office of a foreign legal entity or amendments to the information contained in state register accredited branches, representative offices of foreign legal entities, which is information system(hereinafter also referred to as the register), or the termination of the accreditation of a branch, representative office of a foreign legal entity, the day of making the corresponding entry in the register is recognized. (Clause as amended by Federal Law No. 106-FZ dated 05.05.2014)"

Question: Is it possible to return the contribution to the compensation fund?

Answer: In accordance with Part 4 of Art. 55.7 of the Town Planning Code of the Russian Federation, a person who has terminated membership in a self-regulatory organization shall not be refunded a contribution to the compensation fund, unless otherwise provided.
By "other" is meant certain cases described in Art. 3.2 Federal Law "On the Enactment of the Town Planning Code of the Russian Federation" dated December 29, 2004 No. 191-FZ (as amended by the Federal Law "On Amendments to Urban planning code Russian Federation and individual legislative acts Russian Federation” dated July 27, 2010 No. 240-FZ). They inform that the construction, engineering, survey SRO is obliged to return to organizations or individual entrepreneurs that have terminated their membership in the relevant partnership, the funds they paid from the compfund, if the following conditions are met:
1) obtaining permission from this SRO for a certain type or types of work excluded on August 1, 2010 from the official list of types of work on engineering surveys, for the preparation project documentation, for the construction, reconstruction, overhaul of capital construction facilities that affect the safety of capital construction facilities;
2) the person’s lack of access to other types of work (lack of other types of work in the admission of the SRO);
3) termination of membership in this SRO no earlier than two and no later than 6 months from the date of exclusion of the types of work reflected in the admission from the official classifier of the list (that is, from September 1, 2010 to January 1, 2011).
It should be noted that only if all three of the above conditions are met, the self-regulatory organization is obliged to return the contributions to the compensation fund to the members that have left the membership in full.
For a return Money was given a period of no more than 10 calendar days after termination of membership. The day of termination of membership is determined by the day of registration of an application from an individual entrepreneur or a legal entity to withdraw from the SRO.
Due to the fact that several years have already passed since the period of time allotted for the official termination of membership in the SRO, these grounds seem to be irrelevant.
The City Planning Code defines only a few assumptions for making payments from the compensation fund of a self-regulatory organization. Money can be returned if it was erroneously transferred to the SRO account; transferred for the placement of funds of the SRO compensation fund in order to maintain and increase it; used to make payments as a result of the onset of joint and several liability for the obligations of its members arising from the infliction of harm.