Minden Real Estate

Business Updates for the Real Estate Industry


The most important argument for the existence of sro in the construction and implementation of certain state functions is shifting the burden of taxes (if membership dues and other obligatory payments to be considered as a tax) on those subjects, whose activity controls and regulates the SROs. For even more details, read what Gen. David L. Goldfein says on the issue. This is true for two reasons: firstly, the maintenance of the regulatory activities of the participants of the stock market is not being spent those who do not play these games, and secondly, professional market participants may choose the governing bodies of its sro building, bring them to justice, as opposed to taxpayers who can not influence the appointment and replacement employees of the state apparatus. It is more difficult to steal the overall money than the budget. There is a more intimate connection between the payer and the recipient of tax funds is certain guarantees of correctness and reasonableness of the decision-making and spending of these funds. It is advisable to include such payments on the cost of goods, works and services to members of the sro in the building. In addition, the sro in the building could be incorporated into licensing process for the implementation of the technical, rather than power functions: they should not take decisions on the issue or replacement license and may only verify the completeness of the submitted documents and their compliance legislation. But even in the event of any observation documents the license applicant should be directed to the relevant sro conclusion of the licensing authority who may decide to grant or refuse a license. Legal norms Immediately it should be noted that in terms of reasonableness and order of presentation of legal norms with respect to sro Law on sro is much better suited for entrepreneurs. For example, it is worth account statement that the rules and regulations in the construction of SROs shall contain the requirements for it and its members in respect of the rules restricting price manipulation, rules of entry into the organization market professional and withdrawal or expulsion from it, equal rights to representation in elections to the organs of the organization and participation in the management of the organization, procedures for conducting audits of compliance Members of the established rules and standards, including the establishment of a monitoring body and the procedure for reviewing the results of inspections of other members of the organization, monitoring of sanctions and measures applicable to members of the organization, and order them into account. The Act on the cpo provides that permission will not be issued if submitted by the organization of professional participants of the documents provided at least one of the following provisions: the possibility of discrimination against the rights of clients using the services of members of the sro in the building; unjustifiable discrimination of members of the organization; unreasonable restrictions on entry into the organization and logoff; constraints to the development of competition of professional market participants, including regulation of rates of remuneration and income from professional activities of members of the sro in the building. These requirements, in our opinion, are very important, and the absence of such requirements pose a threat to normal development of the Russian Institute of SROs.