Declaration of conformity for small businesses (sample)

Why is a declaration needed?

Numerous innovations in the field of public procurement have not affected the state requirements for working with entrepreneurship. Government customers are required to enter into government contracts with small businesses and socially oriented non-profit organizations. By law, at least 15% of the total volume of purchases is carried out among small businesses. It turns out that documents confirming membership in a SME are declarations, statements or other papers that are used as a purchase ticket with restrictions and advantages.

Use free instructions from ConsultantPlus experts to correctly fill out the declaration of belonging to a small business.

If the purchase is carried out in “paper” form

Occasionally, government auctions can be held bypassing the ETP, that is, with the submission of paper documents. This is usually due to an urgent need for the goods or services being purchased. For example, to provide emergency medical care or to eliminate the consequences of emergency incidents. Another basis for this form of state trading is a closed procedure (for selected participants) or a government decision.

When participating in a “paper” purchase, a small enterprise can still fill out a declaration using the form indicated above. But this is optional. The fact is that all such enterprises appear in the Unified Register of Small and Medium Enterprises (SME Register), which is maintained by the Federal Tax Service. And if the applicant is a member of it, the customer, according to law 44-FZ, has no right to demand from him other documents evidencing this fact.

An extract from the SME register is suitable as confirmation of your attitude towards small business. To obtain it you need:

• log in to the main page of the registry (rmsp.nalog.ru);
• enter the TIN into the search bar;
• download the generated document.

So, in order to confirm that you belong to a small business in procurement under 44-FZ, you are no longer required to fill out a separate declaration from the SME. In electronic procurement, this document is generated on the trading platform. In addition, as confirmation, it is enough to obtain an extract from the register of small and medium-sized businesses.

To learn how to check a company or individual entrepreneur for belonging to an SMP, read this article.

Who belongs to the SMP

In order for a legal entity or individual entrepreneur to be considered a small business entity, they must meet certain criteria. They are regulated by Law No. 209-FZ of July 24, 2007. We have collected information in a table that will help you figure out who belongs to small and medium-sized enterprises.

IMPORTANT!

Individuals do not apply for the status of a small business entity. The law defines a closed list of persons who are assigned this status.

Who are SONO

Socially oriented non-profit organizations operate in accordance with Law No. 7-FZ of January 12, 1996. Not all non-profit organizations are socially oriented. According to the rules of Art. 2 and art. 31.1 7-FZ, they must deal with:

• social services and support for citizens;
• providing assistance to victims of natural and man-made disasters;
• environmental protection and animal welfare;
• activities in the field of education, science, art, healthcare;
• provision of legal assistance on a preferential or free basis.

How to prepare confirmation of membership in the SMP

44-FZ does not contain a form for declaring that a participant in the procedure belongs to the SMP, as well as requirements for it. In 2021, in electronic procurement there is no longer any need to attach a separate document confirming affiliation with small businesses. Now it is generated automatically on electronic platforms. For example, to confirm membership in a small business at the RTS-Tender, when submitting an application, click on the button “Generate a declaration of SMP affiliation” or “Generate a SONO declaration.” The procedure is the same at other sites.

But not all purchases were transferred to electronic form. The right to purchase in paper form remains only for:

• ensuring the customer’s activities abroad (Article 75, 111.1);
• provision of emergency, emergency medical care (Article 76);
• providing humanitarian assistance, eliminating the consequences of natural and man-made emergency situations (Articles 80, 82);
• closed procedures (Article 84);
• orders by decision of the government of the Russian Federation (Article 111).

If you participate in such procurements, you will have to develop and submit a living document confirming your affiliation with the SMP in accordance with 44-FZ. Until November 27, 2020, Government Resolution No. 1352 of December 11, 2014 on procurement among small businesses by certain types of legal entities approved the form of a document on membership in SMEs in procurement under 223-FZ. Now the form has lost its force. Now the form of declaration of compliance of the procurement participant with the criteria for inclusion in the SMP is approved, for example, by the regulations of the Roscosmos state corporation dated 08/25/2020. Use it to develop a sample.

This form is not required to be used; there are suppliers who confirm the status in any form. For example, they use an SMP extract from a special registry. It is administered by the Federal Tax Service. This list includes all organizations and individual entrepreneurs that have this status. When considering applications from participants, customers have to check whether they belong to small businesses, since in paragraph 1 of Art. 3 209-FZ dated July 24, 2007, it is stated that the subject of the SMP is a company or individual entrepreneur, information about which is in this register.

To check, just enter the TIN or the name of the applicant into the search bar. After this, the SMP declaration from the tax website will become available for downloading.

Here is an example of such an extract.

IMPORTANT!

They declare the status of a small business only in the case of tenders, the documentation of which is marked “for NSR entities.” In other cases, this status does not provide any benefits.

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:

• a declaration of affiliation with small businesses is drawn up on paper;
• in 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 representatives of small businesses. In other cases, declaration occurs automatically through electronic platforms - this provision is valid from 07/01/2018. (Article of Law No. 44-FZ).

The criteria for recognizing SME companies are specified in Art. 4 of Law No. 209-FZ. The criteria also include the structure of the 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. The average number of employees for a small enterprise should not exceed 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:

1. Name of the participant submitting the application.
2. A statement that the company meets the legal criteria for classifying enterprises as small businesses.
3. 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.
4. 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 companies 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.