Guidelines for filling out a declaration of affiliation with a private enterprise for LLCs and individual entrepreneurs. Declaration of affiliation with the SMP: how to take part in public procurement Declaration of conformity of the SMP 44 Federal Law example of filling

The declaration of membership in the SMP under 44-FZ confirms that the participant meets the criteria approved by the state and can participate in procurement with restrictions for small enterprises. We will tell you more about this document in the article.

Is an SMP declaration required under 44-FZ in 2019?

You can confirm your involvement in SMP and SONKO by submitting a declaration. This rule has not changed in 2019. But it’s worth knowing that in 2018, Federal Law No. 313-FZ dated August 3, 2018 came into force. From now on introduced required condition that all small enterprises must be included in the Unified Register of Small and Medium Enterprises. A declaration alone is no longer enough. You need either only an extract from the register, or both.

The SMP declaration can be provided using the functionality of the electronic platform. That is, a separate document is theoretically not needed. However, many customers take the position that no one has canceled the paper form, although administrative practice contradicts it. Therefore, we recommend that you still attach the declaration to the second part of the application.

SMP declaration form according to 44-FZ

There is no approved form for the declaration of membership in the SMP under 44-FZ. However, there is a sample according to 223-FZ (RF PP dated December 11, 2014 No. 1352). Participants in government procurement can use it.

The declaration must indicate the name of the procurement participant if it is a company, and full name if it is an individual entrepreneur. This is followed by the wording that the participant meets the criteria of Art. 4 Federal Law dated July 24, 2007 No. 209-FZ and its category (small or micro enterprise).

Please enter below:

legal address;
TIN/KPP;
OGRN.

After this, provide information on each criterion for inclusion in the SMP. It is more convenient to arrange the information in the form of a table.

How to fill out the SMP declaration under 44-FZ

In the table, indicate the values established at the federal level, and next to them - indicators for a specific small enterprise. For example:

The total share of participation of the state or entity in the authorized capital is no more than 25%.

How SMPs can participate in procurement in 2019

Read what options small enterprises have for participating in government procurement, how to work with registration in the Unified Information System and what to look for in the customer’s procurement documentation.
From the article you will learn:
☆ What options for participation do the contract system offer for SMPs;
☆ How to work with registration according to the new rules;
☆ What to look for in the procurement documentation.

Fill out the following lines in the same way:

share of participation in foreign capital companies legal entities(no more than 49%);
share of participation in the management company of persons not from among the SMP (maximum 49%);
number of employees on average last year(up to 100 for small businesses);
revenue excluding VAT for 3 years before filling out the declaration (maximum 800 million rubles).

Enter the required information in the following lines:

types of activities indicating OKVED2 and OKPD2 codes;
information about goods, works, services;
information about licenses from the state register.

Please select “yes” or “no” when completing the lines below:

whether the company's shares belong to the innovative sector of the economy;
the company’s activities consist of introducing the results of intellectual activity, the rights to which are owned by its founders;
whether the company is considered a participant in the Skolkovo project;
whether the founders are listed among the persons providing state support (their list is approved by the Government of the Russian Federation);
whether the company’s products are considered high-tech;
whether the company participates in customer partnership programs with SMP (if yes, you need to indicate the name of the customer);
whether government contracts were concluded last year (you will need to indicate the number and total cost);
Is there information about SMP in the register of unscrupulous performers?

The declaration is completed in accordance with Art. 4 of the Federal Law of July 24, 2007 No. 209-FZ, clause 11 of the Regulations, approved. Government Decree No. 1352 dated December 11, 2014, Order of the Ministry of Economic Development No. 262 dated May 31, 2017, clarifications of the Ministry of Economic Development.

In the declaration, depending on compliance with the criteria, it is necessary to confirm the classification as a small or medium-sized enterprise. In this case, in relation to the declarant it is necessary to indicate:

name of the procurement participant;
location address;
TIN/KPP, number and date of issue of the registration certificate;
OGRN;
information on compliance with the criteria for classification as an SME, as well as information on the goods, works, services and types of activities produced (in tabular form).

The declaration can be submitted in paper or in electronic format. In paper form, the declaration is filled out in black, purple or blue ink. Filling electronic form The declaration must be made in capital letters in Courier New font with a height of 16 - 18 points.

Items 1 to 11 are required to be completed in the table.

In paragraphs 1 and 2, if the criteria specified therein are met, column 5 is indicated by “yes” or “does not exceed at the time of filling out.” If desired, you can indicate the actual indicator in column 5.

SMEs that are not LLCs put dashes in the indicated columns.

In paragraphs 3 to 6, you must indicate “yes” or “no” depending on compliance with the conditions given therein.

In paragraphs 7 and 8, only cells 7-4 and 8-4 are filled in with actual values, respectively.

Clause 9 contains information about licenses listing all data from the Unified State Register of Legal Entities or Unified State Register of Individual Entrepreneurs: series and number of the license, date of issue, start date, expiration date, name of the licensed type of activity for which the license was issued, information about the address of the place of implementation of the licensed type of activity , name of the licensing authority that issued or reissued the license, information about the suspension of the license, state registration number and the date of entry in the Unified State Register of Legal Entities (USRIP) containing the specified information. If there are no licenses, “no” is indicated.

Paragraph 10 of the table contains data from the Unified State Register of Legal Entities or Unified State Register of Individual Entrepreneurs, listing the OKVED2 and OKPD2 codes.

In paragraph 11, it is necessary to indicate the types of activities actually carried out, the goods produced by the subjects of the NSR, the work performed, the services provided, listing the OKVED2 and OKPD2 codes.

Inaccurate information in the SME declaration

Including false information in SME declaration may entail:

removal of a SME participant from participation in the determination of a supplier (contractor, performer) or refusal to conclude a contract with the winner of the determination of a supplier (contractor, performer) at any time before the conclusion of the contract;
termination of the concluded contract with recognition of the SME person as having evaded concluding the contract;
adoption by the customer of a decision to unilaterally refuse to execute a procurement contract;
inclusion of a SME in the register of unscrupulous suppliers in the event of termination of a procurement contract.

Being a small or medium-sized enterprise is profitable. There are many benefits for such entities, so if you get into the Unified Register of Small and Medium-Sized Enterprises, the company or entrepreneur can count on government support and save, for example, on taxes. In addition, small businesses have access to government procurement and are exempt from inspections until 2019. To confirm the status of a small or medium-sized enterprise, you need to check whether the company meets the criteria defined by law. And then make sure that the company is included in the register.

What enterprises are classified as small and medium-sized

Subjects of small and medium-sized businesses can become (Article 4 of the Law of July 24, 2007 No. 209-FZ “On the development of small and medium-sized businesses in the Russian Federation”; hereinafter referred to as Law No. 209-FZ):

production cooperatives;
consumer cooperatives;
business societies;
business partnerships;
individual entrepreneurs;
peasant (farm) farms.

These individuals must meet three criteria:

composition of founders;
number of employees;
amount of income.

Founding members

This requirement does not apply to individual entrepreneurs and companies whose founders are only individuals. And it doesn’t matter – Russian or foreign. If the company’s participants include other founders, then their share should not exceed:

25 percent in total if it state entities (Russian Federation, its subjects, as well as municipalities);
25 percent in total if these are public and religious organizations and foundations;
49 percent in total if these are other organizations.

These limits do not apply to:

organizations that are themselves small and medium-sized businesses;
shareholders of the high-tech (innovative) sector of the economy;
organizations that use Newest technologies, developed by their founders - budgetary or scientific institutions;
organizations whose founders are on the list of persons providing state support for innovation activities.

Number of employees Average headcount employees for the previous calendar year should not exceed:

from 101 to 250 inclusive – for medium-sized enterprises. A different value may be established by the Government of the Russian Federation if the main activity of the organization is related to light industry (production of clothing, textiles, leather goods, leather processing);
up to 100 inclusive – for small enterprises;
up to 15 – for micro-enterprises.

Income amount Income limits from entrepreneurial activity for the previous calendar year should not exceed:

for medium-sized enterprises – 2 billion rubles;
for small enterprises – 800 million rubles;
for microenterprises – 120 million rubles.

These values were approved by the Government of the Russian Federation in Resolution No. 265 of April 4, 2016 “On the maximum values of income received from business activities for each category of small and medium-sized businesses.” Income from business activities is summed up for all types of activities and applied to all tax regimes. Belonging to a small and medium-sized business is determined by the highest of the three indicators. The category of an enterprise will change if the following deviates from the specified values for three consecutive calendar years:

list of participants;
number of employees;
the amount of revenue from the sale of goods, works and services.

How to confirm the status of a small and medium-sized enterprise

To confirm your status as a small and medium-sized enterprise, you need to get into the Unified Register of Small and Medium-Sized Enterprises and receive an extract from the register.

How to get on the register

The Unified Register of Small and Medium Enterprises is maintained by the Federal Tax Service of Russia. To get into it, you do not need to submit any documents. The tax service enters information into the register automatically. The register is formed on the basis of information about income and the average number of employees, data from the Unified State Register of Legal Entities, Unified State Register of Individual Entrepreneurs and information from government agencies. If the company is not in the register, then you can submit an application, and the Federal Tax Service will enter the information manually. You can also correct incorrect data or enter additional information so that customers receive full information. In addition, you can report about your products, concluded contracts, participation in partnership programs, and contacts. You can do this yourself. Information in the register is updated once a year on August 10 as of July 1 of the current year.

How to obtain an extract from the register

To do this, you need to go to the registry website and enter the TIN, OGRN, name of the organization or full name of the entrepreneur. After this, you can download and print the statement. The extract from the register already contains an enhanced electronic signature. Such an extract has legal force(Clause 1, 3 Article 6 of the Law of April 6, 2011 No. 63-FZ “On electronic signature"). Local tax inspectorates do not issue certificates of membership in small and medium-sized businesses (letter of the Federal Tax Service of Russia dated August 8, 2017 No. GD-4-14/15554).

Declaration of affiliation with small businesses is a form filled out by small business entities when participating in state and municipal auctions.

Small and medium-sized businesses participating in government procurement procedures, according to the norms of Art. 30 Federal Law “On the contract system” have preferences. But in order to use them to participate in state and municipal auctions, you will have to prove that you belong to the category of entrepreneur-suppliers. For example, by filling out special supporting documentation. This form does not have a unified form, so you will not be able to download the SMP declaration from the tax website. But on the Federal Tax Service website it is possible to obtain an extract from the Register of Small and Medium-Sized Enterprises, which has been maintained since 2016.

The register data is updated annually. The last update occurred on 08/10/2019. All EMSs are advised to check whether they are on the registry. Companies are excluded from the register if they fail to provide financial statements. But even if all reporting was submitted on time and without errors, technical errors are possible. Check yourself in the register on the Federal Tax Service website.

Why do you need a certificate?

In order to confirm the special status when participating in the auction, the participant provides documents: an extract from the register or a declaration of the SMP will do. The law requires that 15% of all government procurement contracts be awarded to small or medium-sized businesses and socially oriented non-profit organizations (SONOs).

If the organization has just been created and its data is not yet in the register on the Federal Tax Service website, a declaration of the small business entity is added to the tender documentation, which is information about its special status as a customer.

Who belongs to small and medium-sized businesses

The criteria for granting an individual entrepreneur or organization (individuals cannot apply for it) this status are specified in Law No. 209-FZ of July 24, 2007.

The table shows the main criteria for classifying an enterprise as an NSR entity.

Also included in the SPM are participants in the Skolkovo project and enterprises that have among their founders companies that provide state support for innovation activities.

To show the supplier's compliance with these requirements and criteria, along with the extract, a declaration of a small business entity is used as a supporting document.

TO SONO, in accordance with Art. 2 and art. 31.1 7-FZ, refer non-profit organizations engaged in:

providing measures social support and service to citizens;
development of measures for social support for victims of disasters of various origins;
environmental protection;
protection of wildlife;
providing legal assistance on a charitable basis or with the provision of certain benefits;
propaganda and development of culture, science, art, etc.

How to draw up a supporting document

An approximate form of such a document as a declaration of small and medium-sized enterprises is contained in Government Decree No. 1352 of December 11, 2014. Since the law does not contain unified requirements, the use of this form is not mandatory.

When submitting an application for the PCT-Tender, confirmation of the SMP status is done by pressing one button - the required form is generated automatically. Other portals operate on the same principle. That is, in e-procurement There is no need to prepare this form.

If you use a self-developed form, the declaration of affiliation of the participant in the procedure to the SMP must contain an indication of compliance with the mandatory requirements of the law (number of employees, amount of income, share of participation of foreign persons, etc.).

According to the provisions of the law of 04/05/2013 No. 44-FZ. Article 30 of Law No. 44-FZ obliges customers to purchase from SMP and socially oriented NPOs. The share of such suppliers in the annual volume of purchases must account for at least 15% (with starting price transactions not exceeding 20 million rubles). In this case, purchase turnover is not taken into account:

related to ensuring the defense capability of the state and its security;

volumes of transactions for lending services;

amounts of contracts with a single supplier;

agreements in the field of nuclear energy;

transactions implemented through a closed method of identifying a supplier.

This requirement can be met in two ways:

the purchase was made directly from a small enterprise;

the order was given to an institution that does not belong to the small business group, but the small enterprise will be a subcontractor or co-executor in the transaction.

Declaration of affiliation with small businesses - sample

Features of the implementation of the procurement procedure with the participation of representatives of small businesses are prescribed in Government Decree No. 1352 dated December 11, 2014. The introduction of an obligation to conclude procurement transactions with representatives from among small business entities is a measure of state support for small businesses, therefore enterprises must confirm their status as a small entity (criteria are given in Article 4 of Law No. 209-FZ dated July 24, 2007). You can do this in two ways:

on paper media a declaration of affiliation with small businesses is drawn up;

V electronic format Instead of a declaration, you can present information (extract) from the “Unified Register of Small and Medium-Sized Enterprises.”

Submission of a declaration along with a package of documents may be required if information about the company has not yet been entered into the SME register, and if the competition is held only between small business representatives. In other cases, declaration occurs through electronic platforms automatically - this provision is valid from 07/01/2018. (Article 51 of Law No. 44-FZ).

The criteria for recognizing SME companies are specified in Art. 4 of Law No. 209-FZ. Among the criteria is the structure authorized capital. The state, public and religious organizations, foundations (if they are members of the company) cannot own shares exceeding 25% of the authorized capital. Companies that are not representatives of small businesses can have no more than 49% of the capital of a small enterprise. Average headcount employees for a small enterprise should not exceed the level of 100 people, for a medium enterprise - 250 people. The annual income limit for a small entity is 800 million rubles, for medium-sized enterprises – 2 billion rubles.

A template for a declaration confirming the enterprise’s compliance with the requirements for small business representatives is given in the appendix to the Regulations approved by Resolution No. 1352.

The structure of the document includes:

Name of the participant submitting the application.

A statement that the company meets the legal criteria for classifying enterprises as small businesses.

The declaration of affiliation with small businesses must contain data by which the procurement participant can be identified. This is the company’s address, registration codes (TIN and KPP), day of registration, OGRN number.

The table block provides information on the criteria by which the enterprise meets the conditions for recognition of SMEs. This section specifies the structure of the authorized capital and indicates the presence or absence of shares related to the innovative sector of the economy. Business societies provide data on participation in the development and implementation of intellectual products and innovations. To confirm the status of an SME, it is necessary to indicate the number of hired personnel and the amount of income received in the previous annual interval. It is necessary to enter data on the current licenses of the enterprise, areas of business and types of goods sold (services, works provided).

In the tabular part of the declaration, columns 1 to 11 must be filled in. If the indicator given in the table is met (the enterprise meets the specified requirement), the word “yes” is entered; in the opposite situation, “no” is written. If false information is identified in the declaration, the customer has the right to reject the application. If the contract is signed on the date of discovery of the discrepancy, it is terminated at the initiative of the customer. For a participant who provides false information in the declaration, this is fraught not only with the loss of the contract, but also with inclusion in the list of unscrupulous suppliers.