Construction Activities

Beginning January 1, 2010, in accordance with new rules regulating construction activities, the general contractor that takes the responsibility to build a facility to the customer 'turnkey', apparently, must be have a certificate of admission to the construction activities in the project design and influencing the safety. It should be borne in mind that the construction company can be a member several SROs in construction (Section 7, Art. 55.6 Urban Development Code), but may have a certificate of admission to the construction work, are only one of them (Section 2, Art. 55.8 Urban Development Code). At the same time Each SRO determines types of work, addressing issues of certificates of admission to which is assigned by the general meeting of its members for this area, and is not obliged to take authority over all species listed in the Schedule. So, apparently, the law assumes that if any SRO in the building has claimed the authority to make the decision to grant a certificate of admission to the building work, at a time when it is provided and required project documentation for construction of turnkey, her party, serving the function of the general contractor of construction of such an object, simply enter in another organization. Firstly, such an approach would entail the responsibility of the applicant not only meet the requirements for issuing certificates of admission to the construction work, which seems quite logical, but also pay for the right to fulfill their financial participation in more than one SRO in the building, which is clearly not consistent with the objectives of the new legislation. It should also be noted that the transition from one SRO in the building to another is not facilitates the financial burden, as in the case of termination for any reason, including voluntary exit, can not be returned earlier paid admission, membership fees and contributions to a compensation fund (item 4 Art.

55.7 Town Planning Code). Second, if such a 'complex' system of admission to the implementation of the facility 'turnkey' may be a number of difficulties and disputes in the event of a basis for attracting SRO in the building issuing certificates of admission to the construction works to vicarious liability for harm caused by deficiencies of work performed by the general contractor (Article 60 of the Town Planning Code). On the other hand, previously subject to licensing as a customer-builder, namely building control under Art. 53 of the Town Planning Code (or a well-established in practice, the term – technical supervision), can be performed by any person not a party to the SRO in the building, despite the fact that the activity is one of the most important conditions for the safety and quality construction. On these Examples can be seen as not yet worked out a new legislation to regulate construction activity, and hence in the future we can expect many of his revisions and changes in the application of new rules governing the construction process. Seem appropriate review and refinement of a list of works on construction, reconstruction, major repairs that affect the safety of capital construction, which can perform only the participants in the construction of SRO on the basis of the evidence of admission to the construction work. In particular, it makes sense to include the performance of functions by implementation of building control (as a customer-developer).

Limited Liability Companies

The founding documents of the Company with limited liability with July 1, 2009 the founding treaties have created societies lapse of a constituent document. Constituent document of the company will be only its charter. However, the founders will still enter into a contract to establish a society in which will determine the order of their implementation of joint activities to establish a society, authorized capital of the company, as well as the size of their shares in the company's charter capital. The order of pre-emptive rights of purchase of the share capital is established to acquire stake in the exercise pre-emptive right to buy at that price, which is pre-defined in the statute, and not just the one suggested by the seller of the shares to a third party. The charter price can be set to a fixed sum or Based on a criterion for determining share value. Such criteria might include: cost of net assets, book value of assets of the Company as of the last reporting date, net profit, etc. The procedure transfer shares in the company to a third party or share of the shares transferred to its purchaser from the date of notarization of the transaction, ie deal, aimed at the alienation of shares shall be notarized. Meanwhile, there are cases in which the notarization is not required, that expressly provided by law: the proportion of transition to a society, the distribution of shares between members of society and the sale of shares to some or all participants Company or third parties in case of non-participant's share.