Declaration of conformity msp. How to confirm that the company belongs to small and medium-sized businesses. Criteria for classifying a company as an SME: distribution of shares in the ownership of the organization

Reading time: 6 minutes

Participants in purchases under 44-FZ and 223-FZ must confirm their compliance with the requirements of the tender. To do this, they submit declarations of conformity as part of applications for participation in procurement.

Dear Readers! Each case is individual, so check with our lawyers for information.Calls are free.

Concept

Declaration of Conformity uniform requirements- this is a document that must be attached as part of the application for participation and confirming compliance with the requirements of the procurement documentation. The need to declare their compliance with certain rules applies to procurement participants under the law on contract system, as well as on individual legal entities. This is due to the fact that general requirements apply to participants both under 44-FZ and 223-FZ.

To participate in purchases under 44-FZ, suppliers submit one of the declarations as part of:

1. Declaration of Conformity to Uniform Requirements for Participants.
2. Declaration of confirmation of the country of origin of goods(if it is supposed to purchase goods according to requirements).
3. Declaration of belonging of the company to small business entities or socially oriented NGOs.

The first type of this document is submitted by all participants who plan to fight for winning tenders. Requirements for them, which are presented by customers, are divided into uniform, additional and optional.

The Declaration of Affiliation to Small Business Entities (SMEs) is one of those documents that gives the right to participate in various tenders. This means that this document must be filled out by companies and individual entrepreneurs who want to become suppliers of their goods / services / work for government agencies within the framework of Federal Law No. 44-FZ dated 05.04.2013.

Download a sample declaration of conformity

How to fill

The declaration is drawn up in any form, since there is simply no unified form (subparagraphs "and" clause 1 of part 2 of article 51 44-FZ). It should include the conditions according to which a company or individual entrepreneur is recognized as a small entrepreneur. Detailed criteria are spelled out in the Law "On the development of small and medium-sized businesses in the Russian Federation" (Article 4 of the Federal Law of July 24, 2007 No. 209-FZ).

3 months free of charge use all the features of Kontur.Extern

Try

The main signs according to which organizations and individual entrepreneurs can be classified as small businesses:

1. No more than a quarter authorized capital organizations can belong to the state, constituent entities of the Russian Federation, municipalities, public and religious organizations and charitable foundations.

2. Foreign companies may have a share in the authorized capital of not more than 49%.

3. The average headcount should be within the following framework:

• 15 people is the maximum number for micro-enterprises;
• no more than 100 people must work in a small business;
• an average enterprise can employ 101 to 250 employees.

4. Proceeds from sales based on the results of the last year must not exceed the established limits (Resolution of the Government of the Russian Federation of 04.04.2016 No. 265):

• the income of a micro-enterprise should not exceed 120 million rubles;
• small businesses will retain their status with an income of up to 800 million rubles;
• medium-sized enterprises can earn up to 2 billion rubles.

In the declaration, the supplier - the procurement participant confirms these criteria. If the tender is held only among small businesses, non-compliance with the specified criteria will become an obstacle to participation as a supplier.

The declaration of belonging to the SMP is drawn up on the letterhead of the organization. The director signs her and puts a stamp. Then the declaration is handed over to the customer along with a package of other documents required for participation in the auction.

In some cases, the declaration form is provided directly by the customer.

1 2 3 4 5 6 7 8 9 … 14

_________________________________ ___ ___________________________

(Signature of Authorized Representative) (Name and title of signatory)

M.P.
FILLING INSTRUCTIONS

1. These instructions should not be reproduced in documents prepared by the procurement participant.
2. This form is filled out and submitted as part of the application for participation in the procurement in case of indication in Form 1 of the membership of the procurement participant to small and medium-sized businesses, according to the criteria for attribution (columns 2-4) in accordance with Article 4 of the Federal Law of July 24, 2007 No. 209-FZ "On the development of small and medium-sized businesses in Russian Federation».
3. The procurement participant gives the number and date of the application for participation in the procurement, to which this form is attached.
4. The procurement participant indicates his business name (including organizational and legal form). Also, the procurement participants, as part of the application for participation in the procurement, provide a completed form 1.1 for the procurement involved by the participant subcontractor (co-contractor) / manufacturer if such subcontractor (co-executor) / manufacturer is a subject of small and medium-sized businesses. Onmanufacturer, which is a small and medium-sized business entity, Form 1.1 is filled out and submitted as part of an application for participation in the procurement only if the manufacturer is involved in the manufacture of goods directly by the procurement participant, without the involvement of official dealers, etc.
5. Form 1.1 as part of the application for participation in the procurement is provided in two formats: * pdf. with signature and seal, as well as in editable * .doc or * .xls format.

1 2 3 4 5 6 7 8 9 … 14

Manual, instructions for use

Declaration of SMP according to 44-FZ sample 2018. Download the form.

Thus, the provision of the considered declaration from legal entities and individual entrepreneurs has nuances. Declaration form How can a declaration of belonging to a small business entity look like? A sample of it is presented below. It should be noted that the official form of this source is not approved in the legislation of the Russian Federation. An economic entity can form it in any convenient structure. But it is important that the declaration of belonging to small business entities, its sample used by a particular company, reflect the information that we have considered above: the structure of the distribution of shares in the ownership of the enterprise, the size of the staff, as well as the amount of the organization's revenue within the threshold criteria, established by federal law.

How to fill out an smp declaration for 44 fz example

INN / KPP, PSRN, legal address) represented by General Director Sergei Leonidovich Yegorov, (position and full name of the head / representative of the legal entity or individual entrepreneur) declares that it belongs to small businesses on the following grounds.

1. The total share of participation of the state and its subjects, municipalities, foreign organizations and citizens, public and religious associations, charitable and other foundations in the authorized capital is 42% (not more than the limit of 49% established by law).
2. The average number of employees for the previous calendar year was 100 people (within the statutory norm for small businesses of 100 people).
3. Annual proceeds from the sale of goods (works, services) - 764 million rubles. (within the norm for a small enterprise up to 800 million rubles.

Declaration of Affiliation to Small Business Entities (SME)

Guidelines for filling out the declaration of affiliation to the smp for llc and ip

The average number of employees of LLC "Romashka" for the previous calendar year does not exceed one hundred people inclusive. 3) The proceeds of Romashka LLC from the sale of goods (works, services) excluding value added tax or the book value of assets (residual value of fixed assets and intangible assets) for the previous calendar year does not exceed 800 million rubles. General manager Ivanov I.I. M.P. Download from our website in Word (.doc) format - Option 1, Option 2 Actual for 2018. From August 1, 2016, instead of this declaration (or together), an extract from the unified register of SMEs should be attached (if information about this legal entity / entrepreneur is included in it).

Declaration of conformity to small businesses (sample)

Attention

Payment terms Separately, it should be noted that if such a restriction is established, the payment term for SMPs under 44 FZ is almost two times less than for other orders. In this case, the time of payment for the SMP under 44 FZ is 15 days (working, not calendar, pay attention to this) from the date of fulfillment of obligations under the contract. Whereas the payment term for other contracts is 30 calendar days.

Who belongs to the SMP under 44 FZ These are registered in established order legal entities (business companies, partnerships, peasant farms) and individual entrepreneurs (Law No. 209). Criteria for the belonging of certain persons to such subjects have been established.

Smp declaration (sample)

It is worth noting that the list of criteria that confirm the fact that an enterprise is a subject of the NSR, and reflected in the document under consideration, can be very broad. Let's study the specifics of this list in more detail. Classification of a company as a subject of SME by declaration: criteria The relevant criteria can be classified into the following main categories: - distribution of shares in the ownership of the organization; - the size of the company's staff; - revenue indicators. Also, the law may establish other conditions under which a particular company has the right to indicate in such a document as a declaration of belonging to small businesses (44-FZ assumes that an economic entity will reflect reliable information in this source) that it belongs to the SME legally.

Declaration of Affiliation to Small Business Entities: Sample

sample). You can learn more about the NSR declaration in this article.

Sample filling out the declaration of smp

Criteria for classifying a company as an SME: distribution of shares in the ownership of an organization If an economic entity is a legal entity, then it can be classified as an SME if: and other funds owned by the firm does not exceed 25%; - the total share of legal entities that are not subjects of the NSR in the ownership of the company also does not exceed 25%. However, the application of these legislative norms is characterized by a number of nuances. Determination of shares economic society: nuances First of all, when determining the first criterion - of those listed above - assets belonging to investment and mutual funds are not taken into account.

We study the declaration of smp for 44 fz

Criteria for classifying a company as an SME: revenue Another criterion for classifying a company as an SME is revenue. In accordance with federal legislation, the threshold value of an organization's income, which gives it the right to treat itself as a small and medium-sized business, is: - for micro-enterprises - in the amount of 120 million rubles; - for small businesses - 800 million rubles; - for medium-sized businesses - 2 billion rubles. The declaration of affiliation to small business entities LLC or, for example, an individual entrepreneur, can also be filled out taking into account other criteria for determining the status of an economic entity, which are established by Russian legislation.

Declaration of Affiliation to Small Business Entities (SME) - sample

Let's study them. Classification of a company as an SME: other conditions If we talk about other conditions under which a company can be classified as a medium or small enterprise, then first of all it should be noted that the above criteria are considered only within 2 consecutive calendar years.

Winner ”(a fictional company, all coincidences are random), as well as download the Declarations for LLC and IE. An important addition, the article is relevant in 2018. An example of filling out: "Declaration of compliance of the participant with the requirements established by Article 4 of the Federal Law of 24.07.2007 No. 209-FZ" On the Development of Small and Medium-Sized Businesses in the Russian Federation " . The total share of participation of the Russian Federation, constituent entities of the Russian Federation, municipalities, foreign legal entities, foreign citizens, public and religious organizations (associations), charitable and other funds in the authorized (pooled) capital (mutual fund) does not exceed twenty-five percent (for excluding assets of joint stock investment funds and closed-end mutual funds).

How to fill out a sms declaration for a sample llc

The corresponding declaration of a legal entity must be supplemented, first of all, with a certificate of registration as a subject of the NSR, and in its absence: - accounting documents; - tax declaration; - forms reflecting the average number of employees of the company for the previous 2 calendar years; if the company is JSC - an extract from the register, reflecting information on shareholders; if the company is an LLC, then a list of participants in the organization with an indication of their citizenship will be required. Documents in support of the declaration for individual entrepreneurs The declaration of an individual entrepreneur on his belonging to the SME can also be supplemented with a certificate of inclusion in the register of SME subjects, and in its absence: - a form reflecting the average number of employees for the previous 2 calendar years; - declaration in the form of 3-NDFL; - a declaration on the tax paid.

DECLARATION
on the compliance of small and medium-sized businesses with the requirements established by article 4 of the Federal Law of July 24, 2007 No. 209-FZ "On the development of small and medium-sized businesses in the Russian Federation"
(sample for filling)

1. TIN / KPP ____________________________________________________________________________
2. PSRN / PSRNIP ________________________________________________________________________
3. Location (legal address) __________________________________________________
4. Actual address ___________________________________________________________________
5. Basic view economic activity in accordance with All-Russian classifier types of economic activities specified in the extract from the Unified state register legal entities or an extract from the Unified State Register of Individual Entrepreneurs ____________________________________________________________________________________
6. Contact person ___________________________________________________________________
7. Contact phone, fax ___________________________________________________________

LLC SB "Aspect" does not guarantee full compliance of materials with legislative norms at the time they are viewed by the user. The materials are presented for informational purposes only.