Declaration of SMP: when is it needed and how to complete it for government procurement. Guidelines for filling out the declaration of affiliation with SMEs for LLCs and individual entrepreneurs Declaration of conformity for SMEs

Representatives of small businesses can confirm their priority right in government procurement only with a declaration of the SMP. What kind of document is this, how it is filled out and why it is needed, more on that below.

Purpose of the declaration of a small business entity

Law No. 44-FZ of 04/05/2013 The previously existing public procurement system was completely changed. Now small businesses have the right to participate in bidding on an equal basis with large ones - they have special priority. But you need to confirm your right to it. This is precisely why a declaration of membership in the NSR is provided. Its preparation is regulated by Article 51 of Law 44-FZ.

What information is reflected in the SMP declaration of conformity?

The declaration of affiliation with small businesses reflects the following data.

Full name of the enterprise or individual entrepreneur in accordance with registration data.
Actual location and address at the place of registration. If the legal and actual addresses differ, both are reflected in the declaration.
Determination of the category of the SMP subject (small, medium or micro).
Share in the authorized capital owned by budgetary organizations.
Share big business and other structures not related to SMP in the authorized capital.
Average number of personnel for the previous year.
Total revenue for the past year.

The data must match the registration and reporting data (all of them are checked through the Federal Tax Service). Supporting documents are attached to the declaration only upon special request. They are not required by law.

How to fill out a declaration of a small business entity

There is no statutory form. This document is filled out in free form. The most important thing is that it contains all the above information. It can be issued on letterhead or a regular white A4 sheet. The data is presented as a list, table, or unformatted text, your choice. Mandatory details – seal and signature of the manager, contact information.

The execution of the declaration in no way influences the preferences of the customer and the bidding authorities. Since there are no strict requirements for it, this document cannot become a reason for exclusion from trading.

Relevance of the SMP declaration of conformity

Since August 2016, the SMP declaration has lost its obligation for those wishing to participate in the auction. It was replaced by information from the Unified State Register of Small and Medium Businesses, developed by the Tax Service. Government Decree No. 719 of July 26, 2016 states the exclusion of the declaration from the package of mandatory documents. Customers receive the information previously reflected in it from the register of small businesses. Data about organizations and entrepreneurs is entered into it automatically - the Federal Tax Service takes care of this independently.

However, situations cannot be ruled out when the information has not yet been entered, but preparations for the auction have already begun. In this case, the declaration of SMP is mandatory. It gives the contractor the right to participate, and provides the customer with the necessary information.

Declaration of SMP (Sample)

Declaration

on the affiliation of the bidder to small businesses in accordance with the provisions of Part 3 of Art. 30 Federal Law-44 dated 04/05/2013

Hereby LLC "PARUS" INN/KPP 777832645634/780701001, OGRN 1089847241549, Moscow, st. Tikhvinskaya, 103.__________________________________________________________

(name of participant, INN/KPP, OGRN, legal address)

in the face general director Egorov Sergei Leonidovich _______________________________,

(position and full name of the head/representative of a legal entity or individual entrepreneur)

declares to belong to small businesses on the following grounds.

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 legal limit of 49%).
The average number of employees for the previous calendar year was 100 people (within the legal norm for small enterprises of 100 people).
Annual revenue from sales of goods (works, services) – 764 million rubles. (within the normal range for a small enterprise up to 800 million rubles per year).

The declaration was drawn up for participation in the procurement of electronic auction N_14-008 1958-04.

Supervisor

(or representative by proxy)

_______________________________ “__” __________20__

Declaration of membership in small businesses (SMB) 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 dated 04/05/2013 No. 44-FZ.

Download a sample declaration of conformity

How to fill

The declaration is drawn up in any form, since there is simply no unified form (clause “and” clause 1, part 2, article 51 44-FZ). It must include the conditions under which a company or individual entrepreneur is recognized as a small entrepreneur. Detailed criteria are specified in the Law “On the Development of Small and Medium-Sized Enterprises in the Russian Federation” (Article 4 of the Federal Law of July 24, 2007 No. 209-FZ).

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

1. No more than a quarter authorized capital organizations may 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 no more than 49%.

3. The average headcount must fit within the following framework:

15 people is the maximum number established for micro-enterprises;
no more than 100 people should work in a small enterprise;
An average enterprise can employ from 101 to 250 employees.

4. Proceeds from sales based on the results of the previous year should not exceed the established limits (Resolution of the Government of the Russian Federation dated April 4, 2016 No. 265):

the income of a microenterprise should not exceed 120 million rubles;
small enterprises 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 - procurement participant confirms these criteria. If the tender is held only among small enterprises, failure to meet the specified criteria will be an obstacle to participation as a supplier.

The declaration of affiliation with the SMP is drawn up on the organization’s letterhead. She is endorsed by the director and stamped. Then the declaration is transferred to the customer along with a package of other documents necessary for participation in the auction.

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

In a number of legal relations, various business entities operating in the Russian Federation are required to draw up a declaration of affiliation with What is the purpose of this document? In what structure can it be represented?

Why is the declaration in question needed?

The document in question is provided by business owners in accordance with the provisions of Law No. 44-FZ, adopted on 04/05/2013. This source is included in the set of documents as part of the business entity’s application to participate in the auction.

The declaration in question refers to documents that are submitted to the competent government agencies along with sources that can confirm the fact that the business owner has the right to receive certain benefits during the relevant auction. In addition to entrepreneurs, relevant documents are also provided by the heads of socially oriented NPOs.

Let us consider the features of compiling such a source in question in more detail.

Declaration of the company’s affiliation with the SMP: document structure

What information can be reflected in the relevant document?

The main thing is to record in the relevant declaration that the company is a subject of SSE based on the fact that the indicators of its activities, as well as the specifics of the distribution of shares in the ownership of the business - if we're talking about about a business company - meet the criteria established by law. In particular, those related to the distribution of shares in business ownership, average number personnel, as well as revenue.

It is worth noting that the list of criteria that confirm the fact that the enterprise is an NSR subject, 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 an NSR entity according to the 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 a document such as a declaration of belonging to a small business entity (44-FZ assumes that the business entity will reflect reliable information in this source) that it belongs to the SME on legally.

Criteria for classifying a company as an SSE: distribution of shares in the ownership of the organization

If an economic entity is a legal entity, then it can be classified as an SSE if:

The total share of government and municipal authorities, foreign companies, public structures, religious organizations, as well as charitable and other foundations, ownership of the company does not exceed 25%;

The total share of legal entities that are not subjects of SMP in the ownership of the company also does not exceed 25%.

However, the application of these legal norms is characterized by a number of nuances.

Determination of shares of a business company: nuances

First of all, when determining the first criterion - from those given above - assets belonging to investment and mutual funds are not taken into account. The second restriction, in turn, does not apply to organizations that:

They use the results of intellectual work in their work - for example, computer programs, inventions, provided that the exclusive rights to the relevant products belong directly to the founders of these organizations;

Established legal entities that are included in the state-defined list of economic entities providing support in the implementation of innovation activity to various organizations.

In the second case, the organization must meet any of the following criteria:

Be public joint stock company, in which at least 50% valuable papers belongs Russian Federation;

appear economic company, in which the relevant PJSC have more than 50% of the votes in the business management structure or have the right to appoint a general director or more than half collegial body business management, as well as the board of directors of the enterprise;

Be a government corporation that is organized in accordance with the provisions of federal law.

Obviously, the criteria we have considered do not apply if an individual entrepreneur fills out a document such as a declaration of affiliation with small businesses. He cannot officially give away any ownership interest in his business. But even a declaration of affiliation with an individual entrepreneur must reflect other criteria for classifying an economic entity as an SSE. Let's consider them further.

Criteria for classifying a company as an SMP: staff size

The next criterion by which a company, in a document such as a declaration of affiliation with small businesses under 44-FZ, records what legally refers to a small business enterprise is the number of staff. By law, this indicator is for the calendar year preceding the one in which the document in question is submitted to the competent authorities government bodies, should be:

From 101 to 250 specialists, if the enterprise is a medium-sized business;

Up to 100 employees if the company is a small business;

Up to 15 people if the company is a micro-enterprise.

Criteria for classifying a company as an SMP: revenue

Another criterion for classifying a company as an SMP is revenue. In accordance with federal legislation, the threshold value of an organization’s income, which gives it the right to classify itself as a small and medium-sized business, is:

For microenterprises - in the amount of 120 million rubles;

For small businesses - 800 million rubles;

For medium-sized businesses - 2 billion rubles.

A declaration of belonging to a small business entity of an 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. Let's study them.

Classification of a company as an SMP: 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 calendar years in a row. If they have a value above the threshold in one year, and below the threshold in another, then the enterprise is considered to comply with the SMP.

Special conditions for classifying an economic entity as an SSE are established for newly created firms, as well as peasant farms. These business entities can be classified as SMEs during the year in which they are founded if the average number of personnel, revenue or asset value does not exceed the limit values established by federal legislation.

The information reflected in the declaration of affiliation with small businesses - an example of a document drawn up under Law No. 44-FZ - must be confirmed by other official sources. Let's take a closer look at their features.

Documents supporting the declaration for a business company

The corresponding declaration of a legal entity must be supplemented, first of all, by a certificate of registration as a subject of the SMP, and in its absence:

Accounting documents;

Tax return;

Forms reflecting the average number of employees of the company for the 2 previous calendar years; if the company is a joint-stock company - an extract from the register reflecting information on shareholders; if the enterprise is an LLC, then a list of participants in the organization indicating their citizenship will be required.

Documents supporting the declaration for individual entrepreneurs

The declaration of an individual entrepreneur on his affiliation with the SSE may also be supplemented by a certificate of inclusion in the register of SSE entities, and in its absence:

Shape reflecting the size average number employees for the 2 previous calendar years;

Declaration in form 3-NDFL;

Declaration of tax paid.

Thus, the provision of the declaration in question from legal entities and individual entrepreneurs has nuances.

Declaration form

What might a declaration of belonging to a small business look like? A sample of it is presented below.

It is worth noting that the official form of this source has not been 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 affiliation with small businesses, its sample used by a particular company, reflect the information that we discussed 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 revenue of the organization within the threshold criteria, established by federal legislation. In addition, it is necessary to supplement the relevant document with other sources that confirm the accuracy of the information reflected in the declaration.

The public procurement system under 44-FZ provides preferential conditions for small businesses - more auctions and competitions are held for them. But the status must be documented. This problem is solved by the NSR declaration. In it, the procurement participant indicates information with which he can be identified as a small business entity. We tell you what such a declaration looks like, how to fill it out correctly, and offer to download a sample form.

What is the Declaration of Affiliation with Small Business Entities in accordance with 44-FZ

Federal Law 44-FZ on public procurement requires government customers to conclude at least 15% of all annual contracts with small businesses (Article 30). This is one of the support measures individual entrepreneurs and small businesses. The main features of a small business include:

number of employees up to 100 people;
annual revenue up to 800 million rubles per year.

Suppose government agency announced an auction and indicated that only SMBs (small businesses) can participate in it. How will the competition participants confirm to the customer that they belong to small and medium-sized businesses? This problem will be solved by a declaration of belonging to small businesses. This document is included in the package tender documentation and is issued according to unified model(we'll look at it in the next section).

If the procurement information indicates that it is intended for a small business, it is better for the participant in the procedure to immediately prepare a declaration and submit it on their own initiative (sometimes customers forget to request the document). This will help speed up the conclusion of the contract and prevent many problems with meeting deadlines.

The SMP declaration confirms that the organization is a small business and has the right to participate in government tenders under 44-FZ

Document form

The SMP declaration should be filled out according to a unified form approved by Decree of the Government of the Russian Federation of October 20, 2015 No. 1169. In that normative act edits are made regularly, and the declaration form changes slightly. Before completing the document for your supplier, check that you are using the current version.

Sometimes customers request a declaration “in any form”: a certificate that the company is a small business. Even in this case, it is recommended to use a unified form - it is just as easy to fill out, but provides a full range of information about the compliance of the EMS.

The small business affiliation declaration form is a 4-page document where the procurement participant first provides his information and then confirms compliance with legal criteria. It ends with the signature of the head of the organization (indicating his position) and seal.

Where can I get a declaration of membership in the SMP:

request from the customer - the auction organizer;

download from the tax service website;
download from trusted resources on the Internet (for example, use the legal aggregator “Consultant Plus”);
download from our material.

How to correctly fill out the SMP Declaration

Let's look at how to fill out the form step by step. This is a very simple document, most of filling of which is only a choice of “yes” or “no” options. Work with the document begins with the author of the declaration indicating his data:

full name of the organization;
confirmation that it relates to small or medium-sized businesses;
address;
TIN and checkpoint;
OGRN.

In the purchasing information on state portal make a mark if the auction is intended for small businesses

share of participation of state and municipal institutions in the authorized capital - no more than 25% (the exact value must be indicated);
share of participation of foreign legal entities in the authorized capital - no more than 49% (also indicate the exact value);
do the JSC shares belong to the high-tech and innovative sector of the economy - only “yes” or “no”;
is it intended to introduce the results of intellectual activity into practice;
have the status of a participant in the Skolkovo project;
whether the founders are legal entities from the list of recipients of state support for innovation activities;
average number of employees for the previous calendar year - indicate the exact value;
income for last year- indicate the exact value in millions of rubles;
information about received licenses - indicate details (if any);
information about goods and services indicating OKVED and OKPD2;
information about technological and innovative products- indicate whether it is produced or not;
does he participate in approved partnership programs with SMP - if yes, then write a partner;
executed by state and municipal contracts for the past year - indicate the number of transactions and their total amount;
confirmation that the company management and Chief Accountant not convicted of economic crimes;
confirmation that the organization is not listed in the register of unscrupulous suppliers.

The document ends with the signature of the director of the organization or an authorized person indicating the position.

Preparing a declaration of affiliation with the SMP will take no more than 10 minutes, but will protect the organization from being refused a government contract.

Download sample

The declaration of membership in the NSR is a fairly simple document, which rarely causes difficulties when filling out. However, in order to fill out the form correctly, it is useful to study finished sample filling:

Conclusion

The declaration of affiliation with small businesses helps companies participate in more government procurement. This document is filled out according to a unified form. Includes information confirming that the organization belongs to the SME - number of employees, annual income, share of participation of state and foreign companies in the authorized capital.

In order to participate in public procurement bidding, suppliers must, according to the rules, draw up an important document - a declaration confirming their belonging to the small business segment. In this material we will discuss what government procurement and the declaration of affiliation with small businesses are.

Government bidding refers to a certain procedure for receiving federal orders from local and federal government agencies. Orders are filled with various needs, always in large quantities. Not only goods are in demand, but also the conduct various works or provision of services.

Since in our country the state “gives the green light” to small businesses everywhere, when participating in government procurement they also enjoy some privileges that relate to the selection of a contractor or supplier. However, in order to prove involvement in this business category, the enterprise is forced to provide documentary evidence - a declaration, the culprit of this article. When participating in the auction, it must be prepared to be presented to the organizers along with other necessary papers.

Why do businesses need participation in a tender from the state? It's simple. The fact is that they acquire two undeniable advantages for the company’s rapid growth:

strong business reputation, as a reliable contractor or supplier;
instant payment for a large order.

As you can see, you can not only earn money and increase production capacity overnight, but also get the image of a company that is worth trusting, which means you can acquire many new partners and strengthen your market position.

To take part in a state auction, you should carefully collect the necessary package of documents that will legally confirm the legality of the company’s activities. Then proceed to reviewing and preparing papers for specific areas of trading. In this case, they will play the role of arguments in favor of the company, confirming its belonging to the best of the best.

A systematic approach is the key to success when working at a government tender. Before applying to participate, make a list of company events that need to be implemented. Apply the following criteria to your list:

sequence of entered actions;
time frame for each event;
employees responsible for completing each stage.

When drawing up a time plan, be sure to take into account the legally established time frames, as well as the amount of actual time that will be needed to carry out the event.

A mandatory item on the list should be the careful preparation of documents required to participate in the auction. On average, it takes about a month to collect the necessary papers, plus or minus five days, so you need to take care of starting the process in advance.

In addition to the contents of the package of documents, you need to take care of its design, that is, the information printed on it. It is mandatory to indicate on the envelope the address details of the customer government organization that is the recipient of the documents.

When purchasing goods from only one seller, the government agency may insist on attracting professional experts, individual specialists or entire offices who will check the quality of the entrepreneur’s goods. It will consist of:

evaluation of submitted documents;
checking participants for compliance with the requirements presented by the customer;
assessment of the quality of goods, services or works provided under the contract;
checking the contract and the working conditions described in it.

The customer usually decides to involve an expert at his own discretion, but there are situations in which their participation is necessary:

when goods are purchased from a supplier who is selected in accordance with a decree issued by the President of the Russian Federation;
when carrying out work related to preparation for mobilization activities;
upon purchase domestic technology and weapons for conducting military operations that have no analogues;
services are provided during an emergency;
the state fund is replenished with cultural values;
when purchasing products or services from the penal system in order to provide jobs for prisoners;
purchasing works of art from the author or rights holder;
obtaining assistance in organizing membership in various events that are held for a group of government agencies;
when purchasing services related to the imminent arrival of representatives of government agencies from abroad;
when purchasing a set of services related to technical and copyright supervision;
acquisition of goods necessary for the continued operation of places under state protection;
at the time of buying medical supplies etc.

What is a declaration of membership in the SMP

The declaration of affiliation with small businesses is a document used to participate in government procurement. It is somewhat of an advantage when it comes to determining the best supplier.

In addition, during a government tender, sometimes only applications from small companies are accepted for the role of participants. business organizations. In this situation, providing the required document is not preferable, but mandatory.

When holding an auction in electronic format, the suppliers' belonging to small businesses is also confirmed by means of a declaration attached to the application for participation.

Where can I get a declaration form?

Unfortunately, today in Russia there is no body responsible for issuing declarations of this type. Just as there is no standardized form for suppliers to fill out. The participants compile the paper independently, in free form.

There is also no need to officially certify the document in third-party organizations, such as notary offices. This procedure is again entrusted to the company filling out the paper, and it is necessary to indicate:

seal;
manager's signature.

What is indicated in the declaration of affiliation with small businesses

You can prove that an entrepreneur belongs to the required category by declaring a form in your own style, however, there is a list of criteria that must be indicated in it, confirming that the company is in the small business sector.

Note! The criteria by which the status and affiliation of a company are determined are constantly changing. Replacements and additions are made on a regular basis. For 2017, this list of requirements is valid, related to the quantitative composition of companies and the amount of income they receive excluding value added tax.

Table 1. Criteria for applying

Index	Microenterprise	Small business	Medium enterprise
Average for the previous year	no more than 15 people	no more than 100 people	no more than 250 people
Revenue limit for the previous year	120 million rubles	800 million rubles	2 billion rubles
State participation share in LLC	no more than 25%	no more than 25%	no more than 25%
Participation of foreign or other (non-SME) organizations	no more than 49%	no more than 49%	no more than 49%

If the company's criteria coincide with those above from the table, take the application for participation in the tender to the reception point. It is best to choose those auctions where buyers will treat small business representatives with affection, that is, in fact, this will be an advantage.

According to Federal law No. 44, which stipulates the parameters of the system for concluding contracts between state and municipal structures and suppliers for the purchase of goods, organization of work or provision of services, to meet the needs of the above buyers, confirmation of compliance with certain business criteria is mandatory.

Needs to install for this unified form The form was not observed, so no time was devoted to its development. It is simply necessary that the text contained within it contains confirmation of compliance with the conditions presented by the organizers.

Legislative changes that occurred in 2016

Do not rush to get scared, all the simplified conditions for drawing up a declaration remain in force. However, in 2016, a register came into operation, which is a unified state code containing information on small and medium-sized businesses belonging territorially to Russia. Now it is possible to obtain from it data regarding compliance with the criteria presented in relation to companies required to participate in public procurement. To do this, government purchasers do not have to consider the declaration separately and do not even need to personally receive an envelope with documents.

The necessary information is available online and is accessible to anyone. Finding them is extremely easy.

Open your browser.
Enter a request in the form of a taxpayer identification number or the full name of an individual business into the search or address bar.
Follow the link and study the necessary information.

In order to further supplement this set of data on small and medium-sized business entities, entrepreneurs need to contact the tax office to which they belong and provide the information of interest to the authorities. They are transmitted to the addressee in the form of a document in electronic format, which is signed not with a handwritten signature, but assigned and confirmed by the citizen electronic signature. To get one, you need to register on the portal public services, and then confirm your identity at one of the city points. Entrepreneurs will be able to find contacts for sending the form on the official website of the Federal Tax Service of Russia.

As a result of communication with tax officials, the information expressed is included in the register. This happens through its addition by service specialists. When downloading, you will receive a document in one of the following formats:

.pdf;
.xlsx.

full name of the company;
Full name of the individual entrepreneur who created it;
location of the company;
attitude to one of the categories of small and medium-sized businesses;
all data from all-Russian classifier species economic activity, namely the codes chosen by the entrepreneur at the stage of opening the office.

At the personal request of the individual entrepreneur, you can include contact information in the summary, for example, the organization’s phone number or cellular telephone boss, as well as describe what products the company produces, and whether it has previously taken part in government tenders, in addition, successful or unsuccessful finishing in case of a positive answer.

According to the government decree of July 2016, the mandatory provision of a declaration confirming membership in a certain category of business entities is cancelled. Now the main thing is to provide an extract from the register. The law also abolished the right to demand this confirmation from the customer, but only if information from the register was provided. Otherwise, it is better to fill out the required declaration, otherwise the company will not see a place in the state auction, because without information from the unified state code it will be impossible to identify the entrepreneur.

If you don’t know whether your data is included in the register, it’s better to prepare a declaration, especially since there are no difficulties associated with this process.

Let's sum it up

This declaration, in a sense, is simply a godsend for entrepreneurs who want to participate in government procurement and, at the same time, have little understanding of filling out the various forms established by law. It can be filled out in free form, while only following the general instructions for placing data within the list established by the government. Read it carefully and get to work. As an example, you can use the sample presented in the picture in this section. Good luck with the government auction!