Key Benefits:
RUSSIAN FEDERATION
FEDERAL LAW
About agricultural cooperation
Adopted by the State Duma on 15 November 1995
Approved by the Council of the Federation Nov. 28, 1995
(reed. The Federal Act of March 7, 1997. N 47-FZ-
Russian Law Assembly, 1997, N , }
1120; of the Federal Act of 18 February 1999 N 34-FZ-Assembly
Russian Federation Federation, 1999, N 8, st. 973;
Federal Law of March 2002 d. N 31-FZ -Assembly
Russian Federation Federation, 2002, N 12, st. 1093;
Federal Law of 2003 d. N 8-FZ -Assembly
Federation Federation, 2003, N 2, st. 160;
Federal Law of 2003 d. N 15-FZ-Collection
Federation Federation, 2003, N 2, st. 167;
Federal Law From June 11 2003 N 73-FZ - To
Federation Federation, 2003, N 24, st. 2248;
Federal Law of Nov. 3 2006 N 183-FZ Meeting
Russian Federation Federation, 2006, N 45, st. 4635;
Federal Law of Dec. 2006 N 231-FZ-Assembly
Russian Federation Federation, 2006, N 52, st. 5497;
Federal Law June 26 2007 N 118-FZ -Collection
Russian Federation Federation, 2007, N 27, st. 3213;
Federal Law From 3 December 2008 N 250-FZ-Assembly
Russian Federation Federation, 2008, N 49, st. 5748;
Federal Law of July 2009 N 205-FZ -Assembly
Russian Federation Federation, 2009, N 29, st. 3642;
Federal Law July 2011 N 169-FO - Collection
Russian Federation Federation, 2011, N 27, st. 3880;
Federal Law of December 2011 N 383-FZ-Assembly
Russian Federation Federation, 2011, N 49, st. 7061;
Federal Law July 2013 N 185-FZ -Collection
Russian Federation Federation, 2013, N 27, st. 3477;
Federal Law July 2013 N 251-FZ -Assembly
Russian Federation Federation, 2013, N 30, st. 4084;
Federal Law of December 2013 363-FZ-Assembly
Russian Federation Federation, 2013, N 51, st. 6683;
Federal Law of Nov. 4 N 344-FZ-Collection
Russian Federation, 2014, N 45, st. 6154;
Federal Law of April 2015 N 99-FZ Meeting
Russian Federation Federation, 2015, N 17, st. 2474;
Federal Law of Nov. 28 g. N 358-FZ Meeting
Laws of the Russian Federation, 2015, N 48, Art. 6724)
This Federal law defines legal and
economic -based foundation and activity
cooperatives and their unions that make up the agricultural system
Russian cooperation.
This Federal Law guarantees citizens (physical
faces) and legal to create and state
and cooperatives
(Associations).
Relations with creating and activity
agricultural cooperatives and associations (associations)
regulated by this Federal law, Civil
Russian Federation Russian legislation
Federation, Other federal laws, laws and Other
OF THE PRESIDENT OF THE RUSSIAN FEDERATION
Chapter I. General provisions
Article 1: Concepts
This Federal Law uses the following basic
concept:
agricultural cooperation-system of agricultural
industrial and consumer
Cooperatives and of their unions. Federal Act of 3 November
2006 N 183-FZ-Legislative Assembly of the Russian Federation,
2006, N 45, art. 4635);
farm operator - organization, created
agricultural producers and (or) leading private
sub-farms based on voluntary membership for
shared production or other business activity
based on the union of their property contributions to
Satismeeting the material and other needs of the members of the cooperative.
A Agricultural Cooperative ( - - can
be created in in the form of production
(Next - the cooperative) or
agricultural consumer of the cooperative (also-
consumer co-op) (in the red. Federal Act of 3 November
2006 N 183-FZ-Legislative Assembly of the Russian Federation,
2006, N 45, art. 4635);
member of the cooperative - the personal labor
production of the physical person
Host Participation in Consumer Business
cooperative physical or legal
Federal of the law and the charter of the cooperative,
sponsoring a payment of and
order, adopted in with the and
obligations of a cooperative a default (in ). Federal Law From June 11 2003 N 73-FZ - To
Federation Federation, 2003, N 24, st. 2248;
Federal Law of Nov. 3 2006 N 183-FZ Meeting
Laws of the Russian Federation, 2006, N 45, article 4635);
associated member of the cooperative is physical or legal
person who makes a share contribution, by which it receives dividends,
risk of the loss, related with the cooperative activity, in
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cooperative with
Federal law and by the constitution of of the cooperative (in . Federal
from 11 June 2003 N 73-FZ-Legislative Assembly
Russian Federation, 2003, N 24, 2248);
subsidiary responsibility of members of the
cooperative members additional
responsibilities of the cooperative on its obligations and arising in
case of the Cooperative s The
satisfaction of the creditors ' claims against it. Dimensions and
Co-ed subsidiarity members
is defined by the true Federal Law and the Charter of the Cooperative;
agricultural producers - Physical or
legal person, producing agricultural
products, that are in the value of
percentage output of output, in
fishing artel (collective), production
products, and catches
biological resources in which in value terms
more 70 percent of the total of the production volume (under red).
Federal Law of March 1997 d N 47-FZ -Collection
Russian Federation Federation, 1997, N 10, st. 1120;
Federal Act of 3 December 2008 N 250-FZ -Collection
Laws of the Russian Federation, 2008, N 49, art. 5748);
an employee who is is a member of
(contract)
specific skills, qualifications or positions;
base contribution contribution - Property cooperative member
associated member in the pub Foundation
money, land plots, land and property
other property or property rights, with cash
evaluation. The member of the member of the cooperative may be required
additional (rev. Federal Act of 18 February 1999 N
34-FZ-Russian Federation Law Assembly, 1999, N 8,
973; Federal Act of June 11, 2003 N 73-FZ-Assembly
Laws of the Russian Federation, 2003, N 24, 2248);
required paev contribution cooperative member's
contributed in the order and the voting right
participation in a cooperative, for its services
benefits, by the Co-op Charter, , and
cooperative payments to be made. Federal Act of 18
February 1999 N 34-FZ -Russian Law Assembly
Federation, 1999, N 8, 973;
optional { \cs6\f1\cf6\lang1024
} contribution-contribution of the cooperative member,
it wants beyond the mandatory donation
to for which it receives dividends in size and in order,
provided by this Federal Law and by the Co-operative Charter
(in ed. The Federal Law of March 18 1999 N 34-FZ-
Russian Federation Law Assembly, 1999, N 8, 973;
Federal Law From June 11 2003 N 73-FZ - To
Laws of the Russian Federation, 2003, N 24, 2248);
p- part of the cooperative property, reflecting the size of participation
member or of the affiliate in
and property's cooperative property
expression. The membership of a cooperative member consists of its member's contribution
and of Pap. Paas of an associate member of the cooperative is equal to
his dad' s contribution (paragraph introduced by Federal Law of 18 February
1999 g. N 34-FZ-Assembly of Russian legislation,
1999, N 8, article 973; red. Federal Act of 11 June 2003 N
73-FZ-Legislative Assembly of the Russian Federation, 2003, N 24,
2248);
pap-part of the cooperative member's share,
extra per paev contribution per co-op account or other
cooperative and repaid order,
true Federal Law (Paragraph introduced by Federal Law
18 February 1999 N 34-FZ-Legislative Assembly of Russian
Federation, 1999, N 8, st. 973. Federal Act of 11
June 2003 N 73-FZ - Collection Russian
Federation, 2003, N 24, st. 2248; Federal Act of 3 November
2006 N 183-FZ-Legislative Assembly of the Russian Federation,
2006, N 45, art. 4635);
trust fund -sum of the members of the cooperative and associated
members of a cooperative in monetary terms (paragraph , Federal
The law of of February 18, 1999 N 34-FZ-Law Assembly
Russian Federation, 1999, N 8, st. 973; to the red. Federal
from 11 June 2003 N 73-FZ-Legislative Assembly
Russian Federation, 2003, N 24, 2248);
dividend- part of the cooperative, paid
additional member contributions and associated members
cooperative in size, set by this Federal Law
Theand the constitution of the cooperative. of the Federal Law of March 18
1999 g. N 34-FZ-Assembly of Russian legislation,
1999, N 8, 973);
cooperative payments - on the profit of the cooperative,
labor participation or in activity ; participation in the activity of the cooperative-supply to cooperative products, raw materials members, acquisition commodities in cooperative, use of cooperative services,
number of loans and money savings in credit
Thecooperative. Federal Act of 11 June 2003 N 73-FZ
-Russian Law Assembly, 2003, N 24, st.
2248; of the Federal Act of November 3, 2006 N 183-FZ Meeting
Laws of the Russian Federation, 2006, N 45, article 4635);
Cooperative Foundation is part of the cooperative property,
payable to member of a cooperative lifetime
cooperative and members of the cooperative or payment on
termination of membership in cooperative and for the target
defined Co-operative Charter (Paragraph is introduced by Federal Law)
dated June 11, 2003 N 73-FZ-Legislative Assembly Russian
Federation, 2003, N 24, st. 2248; in the red. Federal Act of 3
November 2006 N 183-FZ - Collection of the Russian
Federations, 2006, N 45, 4635);
Personal labor participation - cooperative member
production cooperative activity, expressed in quantity
days worked by the cooperative of days or the size of pay
work or output to the
Other period (Paragraph introduced by the Federal Act of June 11, 2003) N
73-FZ-Legislative Assembly of the Russian Federation, 2003, N 24,
2248; in the red. Federal Act of 3 November 2006 N 183-FZ-
The legislation of the Russian Federation, 2006, N 45, st.
4635);
self-regulating organization of the unions
agricultural cooperatives (also - self-regulated
organization) - non-profit organization, created in
union (associations, unions) audit unions
agricultural cooperatives and appropriate
true Federal Law (Paragraph Fact by Federal Law)
3 November 2006 N 183-FZ-Legislative Assembly of Russian
Federation, 2006, N 45, article 4635).
Article 2: Basic principles of establishment and operation
cooperative
Cooperatives is created and based on
principles:
cooperative membership volunteerism;
mutual assistance and economic benefits for members
cooperative, participating in production and other
;
profit distribution and loss of cooperative among its members
due to their personal involvement or participation in economic
activity of the cooperative;
Restrictions on Participation in the Economic of the Cooperative
non-members;
limit dividends for additional members ' contributions
and in the member's cooperative (in .
Federal Act of 18 February 1999 N 34-FZ
ToLaws of the Russian Federation, 1999, N 8, 973;
Co-operative Management
Begin (One Cooperative Member-One Voice);
availability of information about the cooperative activity for all
members.
Article 3: Agricultural production cooperatives
1. Agricultural Cooperative
recognizes agricultural cooperative, citizens created
for of manufacturing, processing and marketing
agricultural products, and for no other
prohibited by the law of based on a personal labor
participation of members of the cooperative. Federal Act of 3 November
2006 N 183-FZ-Legislative Assembly of the Russian Federation,
2006, N 45, article 4635).
2. The production cooperative of is commercial
organization. Types of cooperatives are
Agricultural Artel (kolkhoz), Fisherman's Artel
and Co-op (next - skin), and Other
cooperatives, created in with requirements
Theparagraph 1 of this article.
3. Agriculture or artel (collective farm)
recognizes agricultural cooperative created by citizens in
voluntary membership for
Production, Recycling, Agricultural Marketing,
Volume of fish products as well as other than prohibited by law
activities by voluntary union pagans
contributions in cash, land, land, and
Property shares and other property of citizens and in
Thefoundation of the cooperative. For members of and
fishing artel (collective) is mandatory for personal labor
in their activities, and their members are agricultural
producers regardless of from their functions.
Fixed Name of or Fishing
artel (kolkhoz) must have
" artel" or "kolkhoz" or " fisherman artel "or" fisherman kolkhoz ". Other requirements of branding name of an agricultural or artel (kolkhoz) is established by the Civil Code of the Russian Federation (Ind. Federal Act of 7 March 1997. N 47-FZ-Assembly Russian Federation Federation, 1997, N 10, st. 1120; Federal Law of 1999 d. N 34-FZ-Assembly Russian Federation Federation, 1999, N 8, st. 973; Federal Law of Dec. 2006 N 231-FZ-Assembly Russian Federation Federation, 2006, N 52, st. 5497; Federal Law From 3 December 2008 N 250-FZ-Assembly Laws of the Russian Federation, 2008, N 49, st. 5748). 4. The Koophoz recognizes the cooperative farming, peasants (farm) and (or) citizens, by leading private households,
voluntary membership for shared
land, production of livestock products or for execution
other activity, related to production
products based on the personal work of the co-ophoza members and
union of their proprietary contributions in and order,
Theset by this Federal Law and the Statute of the Coophosis. At
this in the koophoza Foundation passes lots of land
(farm) members
holdings or leading private sub-farms citizens, and
leases of land used by them on the basis of a contract
leases, for
general cooperative needs. Firm The name of the skin must be
contain the name and the word of the skin. Other Requirements
corporate skin name Citizenship
The Russian Federation'sCode of the Russian Federation Federal Law of 26June 2007 N 118-FZ - Law Collection
Federation, 2007, N 27, st. 3213; Federal Act of 18 December
2006 ( N 231-FZ-Assembly of Russian legislation,
2006, N 52, article 5497).
5. The number of members of of the production cooperative should not be
less than five.
6. Number of the production of the cooperative (for
exclude employees, employed in seasonal
exceed number of members of this cooperative (reed. Federal
Act of November 3, 2006 N 183-FZ - Legislation
Russian Federation, 2006, N 45, 100 4635).
Article 4: Agricultural consumer cooperatives
1. Agricultural consumer cooperative
acknowledges the Cooperative Farm created
agricultural producers and/or moderators
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}
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}
in the economic of the consumer cooperative's activity (to the red.
Federal Act of 3 2006 N 183-FZ- -Collection
Laws of the Russian Federation, 2006, N 45, article 4635).
2. Consumer cooperatives are
and dependencies
fall into for processing, (trade),
service, horticultural, gardening,
animal and other cooperatives, created in
requirements, by
1 of this article,one or more of the species specified in this article
(in Federal Act of 3 November 2006 N
183-FZ-Legislative Assembly of the Russian Federation Federation, 2006, N
45, article 4635).
3. The processing cooperatives are consumer
cooperatives, processing
products (manufacturing meat, , and Dairy products,
bakery products, vegetables and fruit berry products
and semi-finished products, cotton, and hemp, wood and sawnwood
and others).
4. Consumer (trade) cooperatives sell
products, storage, sorting, drying,
packaging, packaging and transport, making deals, wire
market
other.
5. cooperatives perform mechanized,
agrochemical, meliorative, transport, repair,
construction work, insurance (insurance
cooperatives), scientific-production, legal and
Consulting, Electrification, Telephony,
health resort and health care, loan issuance
saving money (credit cooperatives) and other activities
and services (to the red. Federal Act of 3 November 2006 N 183-FZ-
The legislation of the Russian Federation, 2006, N 45, st.
4635).
6. Resupply cooperatives Purchasing and
sales of means of production, fertilizers, lime materials,
feedstocks, oil products, equipment, spare parts, pesticides,
herbicides and other chemicals, as well as for the purchase of any other
goods, required for agricultural production
products; testing and quality control of products purchased;
seeds, young cattle and birds; raw material production
materials and supplies to their agricultural producers;
and supplies of agricultural producers
consumer consumer (food, clothing,
Fuel, medical and veterinary medicines, books and others).
7. Garden, , and livestock
cooperatives are formed for
production, reworking and sales of crop production and
animal husbandry.
8. How to create a credit consumer cooperative in
Members '
Cooperative and Savings}
cash, credit activity order
Cooperatives, Rights and Responsibilities of Credit Consumers
Thecooperative is defined by by the law (in .
Federal Law of Nov. 3 2006 N 183-FZ Meeting
Laws of the Russian Federation, 2006, N 45, article 4635).
9. (Paragraph 9 is no more effective under the Federal Act of 3.
November 2006 N 183-FZ - Collection of the Russian
Federations, 2006, N 45, 4635)
10. Order of formation and activities of insurance cooperatives,
rights and of their members ' responsibilities are defined by this Federal
law and laws, governing the creation and operations
insurance cooperatives (in the red. Federal Act of 11 June 2003
g. N 73-FZ-Legislative Assembly of the Russian Federation, 2003,
N24, st. 2248).
(Paragraph 2 is introduced by Federal Law from 11.06.2003 . N
73-FZ-Legislative Assembly of the Russian Federation, 2003, N 24,
2248; ceased to be in force under the Federal Act of 3 November
.2006 N 183-FZ-Legislative Assembly of the Russian Federation,
2006, N 45, art. 4635)
11. Consumer Cooperative formed, if it is a member
includes at least two legal entities or less citizens,
unless otherwise provided by this Federal Law.
legal person is a member of the cooperative, has one vote
when making decisions by a general meeting (to the red. Federal Act of the Russian Federation
June 11, 2003 N 73-FZ - The Russian Law
Federation, 2003, N 24, st. 2248; Federal Act of 3 November
2006 N 183-FZ-Legislative Assembly of the Russian Federation,
2006, N 45, article 4635).
12. Two and production and (or)
cooperative can form consumer cooperatives
subsequent levels, to in the [ [ national]] and
Consumer cooperatives. Members of the
levels can only be the level (in .
Federal Law of Nov. 3 2006 N 183-FZ Meeting
Laws of the Russian Federation, 2006, N 45, article 4635).
13. Not less than 50 percent of the work (services) that
service, processing, (trade),
supply, horticulture, gardening and livestock
cooperatives, must be for data members
cooperatives.
14. The name of the consumer cooperative must contain
"agricultural consumer cooperative" (in red. Federal Law From June 11 2003 N 73-FZ - To
Laws of the Russian Federation, 2003, N 24, 100 2248).
Article 5: Cooperatives (Associations)
1. Cooperatives or together with
legal entities-agricultural producers-
goals
presentation and protection of shared property interests, implementation
audits of cooperatives, unions (associations) - members
Union (associations) can
joins (associations) of cooperatives (hereinafter- union
(association), non-commercial organizations (in )
Federal Act of 18 February 1999 N 34-FZ
ToRussian Federation Federation, 1999, N 8, st. 973;
Federal Law From June 11 2003 N 73-FZ - To
Federation Federation, 2003, N 24, st. 2248;
Federal Act of 3 2006 N 183-FZ- -Collection
Laws of the Russian Federation, 2006, N 45, article 4635).
2. If (association)
(Association) is responsible for doing business,
such union (association) is transformed into a business society or
in Company in order, civilian
legislation, or can create for implementation
business activity economic society or can
to participate in such a society.
3. Union members (associations) remain independent and
legal person's right.
4. Constituent union (associations) are
founding treaty, signed by its members, and approved
charter.
5. Members of the union (associations) to the right free of charge to use
service, unless otherwise specified by this Federal Law
(Ind. of the Federal Law of 18 February 1999 d. N 34-FZ
Legislation of the Russian Federation, 1999, N 8, st.
973.
6. The union (association) member has the right to leave
from an association (association) at the end of the fiscal year. In this case
bears the subsidiarity responsibilities
(associations) proportional to its contribution for two years
departure time.
7. The union member (associations) may be excluded from
resolution of remaining union members (associations) in cases and in order,
which are installed by the union's constitutive documents (associations).
In the liability of an excluded union member (association)
Therules that apply to the exit of the union (association) are used.
8. The (association) of the new members is implemented in
order, of the union's (association) Charter. Introduction to
(association) new can
subsidiary liability (associations),
arising prior to their entry.
8-1. Unions (Associations) have the right to create by
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}, and
in cases of this Federal Law, are required
create specified associations ( 8-1 ) Federal
Act of November 3, 2006 N 183-FZ- Legislative Assembly
Russian Federation, 2006, N 45, 100 4635).
9. Union (Associations) Name should contain specifying
in the main object of its activity and territory on which it
performs activity, with " union
agricultural cooperatives " or " association
agricultural cooperatives ", " Union of Kolkhoz fishermen "
or "Association of fishing communities" (under the law). Federal Law
dated June 11, 2003 N 73-FZ-Legislative Assembly Russian
Federation, 2003, N 24, st. 2248).
Article 6. The power of the cooperative
Cooperatif created in to this Federal
is a legal person and has the following entitlements:
Create offices and branches, exercise their rights
In Russian Federation and beyond;
Implement activities under Articles 3 and 4
true Federal Law, and other types not prohibited by law
Activity;
have ownership, buy or otherwise acquire,
sell, implement and other property rights
land parcels, including those given to him in the form of a paev contribution
in the cooperative, in the order and on conditions,
Russian Federation and
Russian Federation (in Ed.
Federal Law of June 26 2007 N 118-PHC -Collection
Laws of the Russian Federation, 2007, N 27, art. 3213);
Create backup and other undivided
invest Foundation's Reserve in banks and other credit
agencies, securities, and other property
leverage borrowed money, as well as cash loans
and Advances to Members of the Cooperative;
enclose treaties, all all rights,
necessary for goals, by-by-code
;
carry out the external activity in order,
Russian Federation Law;
address a court or arbitral tribunal with declarations of recognition
invalid (full or partial) acts of state and
other organs, and actions
officials who violate the rights of the cooperative;
reorganize or dismantle a cooperative.
Article 7. State and Cooperatives
1. encourages to create and supports
cooperatives by from
Federal budget and budgets of the constituent entities of the Russian Federation
Acqui- and Construction and Maintenance
enterprises, creating credit and cooperatives on
grounds plans and development forecasts
targeted programs, scientific, human resources and information
collateral.
2. In the privatization of State enterprises for processing
agricultural and services
agricultural goods producers and Other
normative legal s
preemptiveThe right of agricultural consumer cooperatives to participation
in the privatization of enterprise data.
3. The authorities and local authorities
self-government cannot interfere with economic, financial and
other cooperative activities, for exceptions
The legislation of the Russian Federation.
4. Losses, Caused by the Cooperative in
actions (omissions) and other
officials who violated the rights of the cooperative and as a result
improper implementation of by such bodies or their officials
persons mandated by law to
to a cooperative, subject to by these bodies. Disputes
compensation for such damages is considered by the court or by arbitration
A court according to their jurisdiction.
Chapter II: Education of the cooperative
Article 8: Order of cooperative formation
1. Citizens ' Education
and Legalfaces, who have expressed wish to create the cooperative, generates
Organizational Committee whose responsibilities include:
Prepare a Feasibility Project
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}
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}Business{ \cs6\f1\cf6\lang1024
the size of the cooperative's stock and its sources of education;
prepare the draft of the cooperative;
membership in a cooperative,
consent to participate in in the production or other business
activities of cooperative and compliance with the requirements of the charter of the cooperative;
preparing and for the organization of the meeting
members of the cooperative.
2. Organizing to the right to set to
org s
Introduction Membership
expenses for to form a cooperative with a report on how they are used
at the general meeting of the members of the cooperative.
3. General organizational meeting of the members of the cooperative:
takes a decision to accept in members of the cooperative;
approves the cooperative charter;
elects the cooperative administration (cooperative board
and in Federal
Coop supervisory board).
Article 9: State registration of the cooperative
1. The cooperative is subject to state registration in order,
Thelegal entity registration law.
(Paragraph 2 is excluded by the Federal Law of March 21, 2002.
N 31-FZ-Russian Federation Law Assembly, 2002, N
12, art. 1093)
(Paragraph third is excluded by the Federal Law of March 21, 2002.
N 31-FZ-Russian Federation Law Assembly, 2002, N
12, art. 1093)
(Paragraph 4 is excluded by the Federal Law of March 21, 2002
g. N 31-FZ-Assembly of Russian Federation Legislation, 2002,
N 12, art. 1093)
2. A cooperative is thought to be created of
State registration.
3. (Paragraph 3 is deleted by the Federal Act of 21 March 2002. N
31-FZ-Russian legislation collection, 2002, N 12,
1093)
4. (Paragraph 4 is deleted by the Federal Act of 21 March 2002. N
31-FZ-Russian legislation collection, 2002, N 12,
1093)
5. (Paragraph 5 is deleted by the Federal Act of 21 March 2002. N
31-FZ-Russian legislation collection, 2002, N 12,
1093)
Article 10: The Education Features
reorganizing agricultural organizations
(name in red. Federal Act of 11 June 2003 N
73-FZ-Legislative Assembly of the Russian Federation, 2003, N 24,
2248)
1. Education in reorg
agricultural organization along with production
cooperative other commercial agricultural organizations
peasant (farmers) farms objects
manufacturing infrastructure (including repair workshops
techniques, garages, seeds for grain and other agricultural
cultures, current, , members
(participants) of the organization's organization.
List of the objects is defined by a general meeting
members (participants) of the Agriculture
organization. These objects are declared indivisible,
exception to the following cases, when they can be to
The expression (in . Federal Act of 18 February
1999 N 34-FZ-Assembly of Russian Federation Legislation
1999, N 8, Art. 973; Federal Act of 11 June 2003 N 73-FZ
-Russian Law Assembly, 2003, N 24, st.
2248):
1 if the organization of the organization
or (farm) of the object from objects
manufacturing
use specified objects;
2 if organization or
(farming) has similar production facilities
infrastructure and their no in shared
production infrastructure objects.
2. In , 51 of the total of the total
property contributions, to non-indivisible objects
production infrastructure, transferred to the trust fund of one of
production cooperatives, referenced has a right
include these objects in its undivided commit
remaining agricultural or peasant organizations
(farm) farms formed as a result of reorganization, c
and under the condition
providing given to members
uses these objects on a contractual start.
3. If the rest of the agricultural organizations are unwilling to do so
peasant (farm) holdings to associate members
production cooperative is compensated for the cost of their pans,
coming to undivided objects of the production infrastructure
or they pass specified production objects
Infrastructure production cooperative in
trust management.
4. In , if is none of the production cooperatives,
formed in reorganizing agricultural
organization, 51 % of total property
contributions, for undivided objects of production
infrastructure, or in the case of if the production cooperative is
right to include undivided objects
infrastructure in its indivisible foundation, refuses to do so, for
using specified objects is one or more than one
Consumer Cooperatives Federal Act of 11 June
2003 N 73-FZ-Legislative Assembly of the Russian Federation,
2003, N 24, 100 2248).
5. with the order,
Federal Law and the Charter of the Consumer Cooperative, which
created to use Production
infrastructure, member of consumer cooperative or participant
contract to use objects in production
cooperative has permission to any agricultural
producer, activity
reorganized organization.
(Paragraphs 1, 2 and 3 are excluded, 4
items 5 and 6 are considered paragraphs 2 and 3, respectively, paragraphs 7 and 8 count as paragraphs 4 and 5, respectively, of Federal from 11 June 2003 N 73-FZ-Legislative Assembly Russian Federation, 2003, N 24, 2248) Chapter III: Cooperative Constitution
Article 11. Information required for the charter of a cooperative
1. The cooperative charter must contain mandatory
include:
1) Name of cooperative;
2 location of the cooperative;
3) The lifetime of the cooperative or the duration
Nature of cooperative activity;
4) the and object of the activity of the cooperative. This
enough to determine from main activities
cooperative with an indication that can work on any
within target for which the cooperative
educated;
5) Order and conditions of in the Cooperative, base, and
Order to terminate membership in a cooperative;
6 of the
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}
7) Composition and Order of Pledges Contributions, Responsibility
for violating the obligation to submit them;
8) the sizes and conditions of undivided funds, if they
provided;
9) Conditions for the formation and use of other cooperative funds
(Ind. Federal Act of 11 June 2003 N 73-FZ-Assembly
Laws of the Russian Federation, 2003, N 24, 2248);
10) The order of distribution of the profit and loss of the cooperative;
11) Terms of subsidiary liability of members of the cooperative in
size not less than established by this Federal Law;
12) and The control of the control
Order of their decisions, including on issues, requiring
unanimous or qualified
majority;
13) Rights and Responsibilities of Members of the Cooperative and
;
14) character, order and minimum size of personal labor
participation in production of the cooperative,
responsibility for the commitment to the person's labor
participation (reed. Federal Act of 11 June 2003 N 73-FZ-
Russian Law Assembly, 2003, N 24, st.
2248);
15) start and end times of fiscal year
16) the order of the assessment of the contribution to the contribution account
excluding land plots (under Ed.) Federal Act of 26
June 2007 N 118-FZ - Law Collection
Federations, 2007, N 27, art. 3213)
17) Publish State Registration Information Order
liquidation and reorganization of the cooperative in an official organ
Federal Law of 1999 d. N 34-FZ-Assembly
Laws of the Russian Federation, 1999, N 8, 973;
18) Order and conditions for reorganizing and liquidation of the cooperative;
19) (Sub-item 19 is no valid under Federal Law
dated November 3, 2006 N 183FZ-Legislative Assembly of the Russian Federation
Federations, 2006, N 45, 4635)
2. The charter of the cooperative may include other information, not
contradictory to this Federal Act.
3. A copy of of the Cooperative Charter, registered in
fixed order changes are issued to each
cooperative or for each member of the member, or
must be available for . Coop
request of cooperative member or associate member
must give them a copy of the cooperative's
price changes, not exceeding the cost of manufacturing this
copies (to the red. Federal Act of 3 November 2006 N 183-FZ
The legislation of the Russian Federation, 2006, N 45, st.
4635).
4. Changing members of the or associated
cooperative members, and resizing of the Foundation's foundation
cooperative is not a reason to make this change in
Co-operative Charter (para. 4 introduced by Federal Law from 11 June
2003 g N 73-FZ-Assembly of Russian Legislation,
2003, N 24, 100 2248).
Article 12: Amendment of the Charter of the Cooperative and Supplements
to it
1.
of the
Federal law.
2.
common collection of cooperative members, if the statement
the nature of these changes and additions was contained in
holding a general meeting of the members of the cooperative. Federal
Act of November 3, 2006 N 183-FZ - Legislation
Russian Federation, 2006, N 45, 100 4635).
3. (Paragraph 3 is no more effective under the Federal Act of 3.
November 2006 N 183-FZ -Russian Law Assembly
Federations, 2006, N 45, 4635)
4. The common collection of members of the Change Cooperative
Statutes to be Stats in Order, Defined
by Law August 2001 N 129-FZ } " O
public registration legal and individual
entrepreneurs " (to the red. Federal Act of 3 November 2006 N
183-FZ-Legislative Assembly of the Russian Federation Federation, 2006, N
45, article 4635).
5.
acquiring third public
register the specified changes and additions (in . Federal
Law of February 18, 1999 N 34-FZ-Law Assembly
Russian Federation, 1999, N 8, Art. (973).
6. no changes in in the bylaws
cooperative and add-ons based on order
their acceptance, if from the date of the state registration of these changes
and add-ons have been two years and more.
7. with the order, of
Federal law to make changes to of the cooperative's
contributions to , can accept and approve the code
redrafting and submitting to body,
State registration.
(Paragraph 5 is deleted, 8
Paragraphs 5 to 7 of the Federal Act of 21 March 2002
N 31-FZ-Russian Federation Law Assembly, 2002, N
12, art. 1093)
Chapter IV: Membership in a cooperative
Article 13: Members of the cooperative
1. The members of of the production of the cooperative can be citizens
Russian Federation, who have reached the age of 16, recognizing Statute
production cooperative and personal labor
in his activity. Work in the Production Cooperative for
is the main . Federal Act of 11 June
2003 N 73-FZ-Legislative Assembly of the Russian Federation,
2003, N 24, 100 2248).
2. Members of the consumer cooperative can be
consumer charter
business and agricultural
producers citizens and (or) legal entities, and
citizens, leading private farming, citizens who are
members or by employees of agricultural organizations and (or)
peasant (farm) farms, citizens,
gardening, gardening or
Agricultural consumer cooperatives.
The Charter of the consumer cooperative can
right and procedure for admission to consumer cooperative
with given citizens by legal citizens
legal
Cooperatives or agricultural or are employees of social service organizations rural settlements. of the members of the cooperative should
more than 20 percent of the number of members of the cooperative
agricultural of producers and of the members of the cooperative
citizens, leading private farming (in ed. Federal
Law of November 28, 2015 N 358-FZ-Legislative Assembly
Russian Federation, 2015, N 48, Art. 6,724).
(Item 2 in Federal Act of 3 November 2006 N
183-FZ-Legislative Assembly of the Russian Federation Federation, 2006, N
45, art. 4635)
3. The legal person is a member of the member of the cooperative,
be in this physical cooperative
duly completed power of attorney.
4. Citizens and Legal persons can be members of several
consumer cooperatives, if not otherwise provided by bylaws
data of cooperatives (in the red. Federal Act of 11 June 2003
N 73-FZ-Russian Federation Law Assembly, 2003, N
24, article 2248).
5. The Cooperative has the right to add additional information about
cooperative admission conditions with:
Qualification level and personal qualities of citizens
members of the production cooperative Federal Act of
June 11, 2003 N 73-FZ - The Russian Law
Federation, 2003, N 24, 2248);
obligations to use consumer services
cooperative in volumes, treaties (in .
Federal Law From June 11 2003 N 73-FZ - To
Laws of the Russian Federation, 2003, N 24, 2248);
remoteness of a person who is taken to the cooperative;
requirements for the product range and quality,
Theperson to be taken to the consumer cooperative (in .
Federal Law From June 11 2003 N 73-FZ - To
Laws of the Russian Federation, 2003, N 24, 2248);
other requirements, not contrary to this Federal
law and of the charter and
goals Thecooperative provided by its charter.
6. (Paragraph 6 is deleted by the Federal Act of 11 June 2003. N
73-FZ-Legislative Assembly of the Russian Federation, 2003, N 24,
2248)
Article 14. Associate membership in a cooperative
1. production and of consumer cooperatives
is allowed according to their statutes associate membership.
2. The associated cooperative members can who have contributed
organizational-legal forms and forms of ownership and citizens.
3. A citizen or a legal person wishing to join
in an associate as an associate member, serves as an associate member
cooperative declaration with a request for associate members
Acooperative. Receive Cooperative
associated of the member of the cooperative
observation cooperative (new 3
Federal Law June 11 2003 N 73-FZ - To
Laws of the Russian Federation, 2003, N 24, 100 2248).
4. The production of the cooperative
meeting Cooperative Termination
labor activity in the cooperative has the right
membership to an associated (in the case) Federal Act of
18 February 1999 N 34-FZ-Legislative Assembly of Russian
Federation, 1999, N 8, 973):
Retirement by age or state of health
elective office non-cooperative;
services in the Armed Forces of the Russian Federation;
in other cases, of the cooperative's charter.
5. The size of the amount of the association's associate members ' s associated membership and
dividend payment terms, from the cooperative
defined in with of the cooperative's cooperative
Thecontract, of the cooperative with members.
Contract, concluded by the member of
cooperative, may provide and others
true Federal and
responsibilities of this member of the cooperative. Federal Act of
18 February 1999 N 34-FZ-Legislative Assembly of Russian
Federation, 1999, N 8, article 973; Federal Act of 11 June 2003
g. N 73-FZ-Legislative Assembly of the Russian Federation, 2003,
N 24, st. 2248; Federal Act of 3 November 2006 N 183-FZ-
The legislation of the Russian Federation, 2006, N 45, st.
4635).
6. The associated member of is not required to participate in
or business activity
Thecooperative is personal labor. Federal Act of
June 11, 2003 N 73-FZ - The Russian Law
Federation, 2003, N 24, st. 2248).
7. The associated member of the cooperative has
cooperative, however total number of associated members with the right
percentage of members of the cooperative on the date of the decision on
convening the general meeting of the Co-operative (in . Federal
of 3 November 2006 N 183-FZ-Legislation Collection
Russian Federation, 2006, N 45, 100 4635).
In the case, if number of members of the cooperative
greater than defined in matches with Federal
law and of the charter of the maximum number of their votes in
general meeting members, members of members
common members members members
members
cooperative (in Ed. Federal Act of 3 November 2006 N
183-FZ-Legislative Assembly of the Russian Federation Federation, 2006, N
45, article 4635).
(New paragraph 7 was introduced by Federal Law of June 11, 2003). N
73-FZ-Legislative Assembly of the Russian Federation, 2003, N 24,
2248)
8. Members Members
cooperative and Members Members
cooperative general meeting or a Meeting
commissioners are established by cooperative charter or position
elections in a cooperative taking into account the limitations of this
Federal Law (new paragraph 8 introduced by Federal Law of 11
June 2003 N 73-FZ - Collection Russian
Federation, 2003, N 24, st. 2248).
9. Cooperative Members
cooperatives have the right to pay their share costs and
on payment of but outstanding dividends before payout
the value of the members of the cooperative (to the red. Federal Act of 18
February 1999 N 34-FZ -Russian Law Assembly
Federation, 1999, N 8, article (973).
10. By a written contract with associate members
possible dividend payment in full or different
(provision of fuel, handling land )
food supply, feed, and others) (in Federal
Law of February 18, 1999 N 34-FZ-Law Assembly Russian Federation, 1999, N 8, Art. 973; Federal Act No. 11 June 2003 N 73-FZ - Collection Russian
Federation, 2003, N 24, st. 2248). 11. Associate members have the right to withdraw from the cooperative. Payment associated members s cost and of the dividend is implemented in in accordance with the cooperative charter and treaties, prisoners with members ( Ed.
Federal Law of 1999 d. N 34-FZ-Assembly
Russian legislation, 1999, N 8, sect. (973).
(Item 7 is excluded, 8 and 9 )
points 7 and 8 by Federal Act of 18 February
g. N 34-FZ-Assembly of Russian legislation, 1999,
N8, st. 973; paragraphs 3 to 5 are considered to be items 4 to 6, respectively,
6-8 are considered to be paragraphs 9-11, respectively, based on
Federal Law From June 11 2003 N 73-FZ - To
Russian Federation legislation 2003, N 24, art. 2248)
Article 15. Admission to Cooperatives
1. Citizens or legal entities wishing to join
in the registration of
conforming to the requirements, of Article 13 of this
Federal Law, Co-operative the Co-operative Statement
request for the members of the members of the cooperative. Management Solution
member
observable by the cooperative, and when it is not co-operative
collection of the cooperative (to the red. of the Federal Law of March 18
1999 g. N 34-FZ-Assembly of Russian legislation,
1999, N 8, article (973).
2. The consumer cooperative
council for membership in a cooperative, if is not provided
cooperative, is considered final. In production
cooperative board decision (
receive in members of or in to receive to be
approved by the general meeting of the members of the cooperative. Federal
Law of February 18, 1999 N 34-FZ-Law Assembly
Russian Federation, 1999, N 8, Art. (973).
3. The request for membership in a cooperative should
contain commitments for cooperative charter, in
number to contribute paced cooperative
contributions, carry default liability
and others.
4. A motivated
Thecooperative is reported to in writing by . Claimant
has the general meeting
Acooperative. After the shared On Failure
application for membership in a cooperative can be filed
again after elimination of causes of failure.
5. The applicant is considered accepted in members of the cooperative of the Cooperative
Assertion of the corresponding of the Cooperative
or
members A
cooperative.
6. The member of the membership of the membership of the book, in
specified:
last name, first name, (for citizens), name (for
legal entities) member of cooperative;
The reason for joining and when to join;
amount of required contribution and date of payment;
type of contribution (money, property, including
land, property rights). Federal Law
dated June 26, 2007 N 118-FZ-Legislative Assembly of the Russian Federation
Federations, 2007, N 27, art. 3213);
the size of the pappy, accrual and maturity dates;
The size of the returned papayes and their payment dates.
(Item 6. of the Federal Act of 3 November 2006 N
183-FZ -Collection of Russian legislation, 2006, N
45, art. 4635)
7. In addition to the paragraph 6 of this article
cooperative has the right to indicate in the membership of the notebook additional
details (paragraph 7 introduced by Federal Act of 3 November 2006) N
183-FZ-Legislative Assembly of the Russian Federation Federation, 2006, N
45, article 4635).
Article 16. Termination of membership in a cooperative
1. Membership in a cooperative terminated in the case of:
1 member of the cooperative from
Charter of the cooperative, or, if by the cooperative's constitution review of this declaration is not installed, after two weeks from the date the cooperative's board arrives; 2) the death of a citizen who is a member of the cooperative, from the date his death; 3) passing member of the production co-op to another member of this co-op-from the date of the meeting of members such a transfer cooperative; 4) passing a consumer consumer to another Member of of this cooperative or - -
cooperative management on such a transfer; 5) of members
notification in writing to exclude members of the cooperative.
(Item 1 in Ed. Federal Act of 3 November 2006 N
183-FZ-Legislative Assembly of the Russian Federation Federation, 2006, N
45, art. 4635)
2. Each member of the member has permission to stop
membership in cooperative
The Federal Law and the Statutes of the Cooperative.
3.
{ \cs6\f1\cf6\lang1024}{ \cs6\f1\cf6\lang1024
}
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}
form on the board of the cooperative not later than two weeks before the date
of its output, if other time is not provided by the Co-operative Charter
(Ind. Federal Act of 3 November 2006 N 183-FZ-Assembly
Laws of the Russian Federation, 2006, N 45, article 4635).
The consumer consumer
Theorder of the organization's charter for this cooperative.
4. Member of the production cooperative with the consent of the cooperative
is entitled to transfer its share to another member of the cooperative
step out from the cooperative, if is not provided by the bylaws
Acooperative. Not allowing the transfer of the part to the person,
Co-operative member (in Ed.
Federal Act of 3 2006 N 183-FZ- -Collection
Laws of the Russian Federation, 2006, N 45, article 4635).
5. Passing to a citizen
consumer cooperative, only permission
Theconsumer cooperative. In this case, consumer members
cooperative is used by with the right to buy such a pap
(Ind. of the Federal Law of 18 February 1999 d. N 34-FZ
Russian Federation Law Assembly, 1999, N 8, 973;
Federal Act of 3 2006 N 183-FZ- -Collection
Laws of the Russian Federation, 2006, N 45, article 4635).
6. When a cooperative is eliminated during six months after
member of the member of the cooperative's Eliminationin The
cooperative is equal to all its members.
7. In the event of the death of a member of the cooperative, his heirs may be
admitted as a member of the cooperative.
Article 17. Exclusion of cooperative members
1. A member of the cooperative may be excluded from the membership of the [ [ Cooperative]]
at end of current fiscal year if:
1 does not perform the charters
cooperative, despite written warning;
2 represents of untrusted accounting data
(Financial) or Untrusted
property status, if requirements of are provided
Theconstitution of the cooperative. Federal Act of 4 November 2014.
N 344-FZ-Russian Federation Law Assembly, 2014, N
45, art. 6154);
3) Cooperative damage caused by non-performance of cooperative member
responsibilities of the cooperative's statute or cooperative
faces requests in on the result of a member failure
cooperative commitment;
4) matches with requirements Federal
in
or forfeit the right to be a member of the cooperative;
5) is in the agricultural consumer cooperative
founder of or on the organization,
Thecooperative, of which it is or organization,
competing with cooperative, is a member of the organization,
founder or member of which is a member of the cooperative
(Ind. Federal Act of 11 June 2003 N 73-FZ-Assembly
Laws of the Russian Federation, 2003, N 24, 2248);
6)
personal labor participation, provided by by-book
Theproduction of the cooperative, or does not participate in activities
consumer cooperative in one of the year (subpara. 6
entered into the Federal Act of June 11, 2003. N 73-FZ-Assembly
Laws of the Russian Federation, 2003, N 24, 100 2248; in the red.
Federal Law of Nov. 3 2006 N 183-FZ Meeting
Laws of the Russian Federation, 2006, N 45, article 4635).
2. Cooperative to the right to provide in
additional, not contrary to the present Federal Law base, member of the cooperative may expelled from the cooperative. 3. exception of members pre- considers the cooperative, resolution to be approved by by theboard
cooperative, then the general collection of members of the cooperative.
consumer cooperative Members
Thecooperative is defined by its charter. Co-operative Board Members
or Members of the Supervisory Board of the cooperative may be excluded
from a cooperative member only on the general meeting members
Acooperative.
4. A member of the cooperative must be informed by the board of the cooperative.
o
exception and invited to general meeting, where is granted
right to express an opinion about the upcoming exception.
5. The decision to exclude from members of the cooperative must be
s
TheFederal Act or the Statutes of the Cooperative.
6. The exception to the membership of the cooperative should be in
14-day reported by the cooperative
to an excluded person in writing (in writing). Federal Act of the Russian Federation
November 3, 2006 N 183-FZ-Assembly of the Russian
Federation, 2006, N 45, article 4635).
7. A person, excluded from the membership, has the right to appeal
solution of the cooperative board and the cooperative's supervisory board
next general meeting of the cooperative or court.
8. Excluded from members of the cooperative is entitled to receive
falling in order, defined by 18 of Federal
Act No. 8 of 18 February 1999. N34-FZ-Russian Federation Law Assembly, 1999, N 8,
(973).
9. violation
condition of the with the contract cooperative or implementation
actions, which cause a cooperative loss, can be excluded from
associated members in order, defined
real article for members of the cooperative ( 9 )
Federal Law June 11 2003 N 73-FZ - To
Laws of the Russian Federation, 2003, N 24, 100 2248).
Article 18. Return to the outgoing member of the cooperative
1. The member of after the end of the financial
Year and Approvals of Annual (Financial) Reporting
cooperative, if not otherwise established by a cooperative charter, must
to be paid the value of its per-contribution or property granted property,
Thecorresponding of the contribution. Cooperatif also must
implement other
charter
retiring
is established by the cooperative charter. Federal Law
November 2006 N 183-FZ -Russian Law Assembly
Federation, 2006, N 45, st. 4635; Federal Act of 4 November
2014 N 344-FZ-Assembly of Russian Legislation,
2014, N 45, article 6154).
2. In the case of a member passing of the share of the share
Thepayment of to the withdrawing member is not made.
Federal Act of 18 February 1999 N 34-FZ
ToRussian Federation Federation, 1999, N 8, st. 973;
Federal Act of 3 2006 N 183-FZ- -Collection
Laws of the Russian Federation, 2006, N 45, article 4635).
3. Pops are paid to the retiring member of the cooperative
in for members of the cooperative
Article 36 of the Federal (in Ed. Federal
Law of February 18, 1999 N 34-FZ-Law Assembly
Russian Federation, 1999, N 8, Art. (973).
4. Cooperatif is entitled when performing calculations with withdrawing from
members to subtract from this person's entitlements
is the cooperative's debt to this person.
5. The outgoing member of the cooperative's contribution is returned in
Theorder, of the charters. In matches with the bylaws
cooperative may be provided a folder cost
contribution in natural form of land or other
property of the cooperative (to the red. Federal Act of 3 November 2006
g. N183-FZ-Assembly of Legislation of the Russian Federation, 2006,
N 45, 100 4635).
6. in the account of
is proportional to the size of the cooperative's land
exodus from of the pev contribution of the withdrawing member of the cooperative and
hectare of land according to which land
or a land share has been credited to a paev contribution. At this size
Granted land must not exceed land size
percentage or of the land, transferred to the cooperative leaving
Thecooperative member of its cooperative's cooperative ( reed.
Federal Law of 1999 d. N 34-FZ-Assembly
Russian legislation, 1999, N 8, sect. (973).
7. Location of land issued to the Output
member of a cooperative in Matching
cooperative or in a general meeting
members of a cooperative, set by a decision of the cooperative board
(in ed. The Federal Law of March 18 1999 N 34-FZ-
Russian Law Assembly Federation, 1999, N 8, st.
973.
8. In case a member of the cooperative wishes to be obtained in
account of the land land, larger than,
land section, in matches with
true article, possible allocation of this land and
conditions, will be
agreement of the member of the cooperative member
compliance with by the (in red. Federal
11February 2003 N 73-FZ -Collection of Russian legislation
Federation, 2003, N 24, st. 2248).
9. Heirs to a deceased member of a cooperative not admitted to membership
cooperative, pays the price of the deceased cooperative member
(in ed. The Federal Law of March 18 1999 N 34-FZ-
Russian Law Assembly Federation, 1999, N 8, st.
973.
10.
payment of the cost of a and other due
retiring member of the member is executed within a period of time,
six months from the date of approval of the annual accounting (financial)
cooperative's reporting
output cooperative member, supporting amount, dates
and these payments (para. 10, Federal
Act of November 3, 2006 N 183-FZ- Legislative Assembly
Russian Federation, 2006, N 45, st. 4635; to the red. Federal
Act of November 4, 2014. N 344-FZ - Legislation
Russian Federation, 2014, N 45, Art. 6154).
(New paragraph 7 introduced, paragraph 7 is considered to be 8, paras. 8 and
9 11
Federal Law of 1999 d. N 34-FZ-Assembly
Russian legislation, 1999, N 8, sect. 973; para. 7
and 10 are excluded, paragraphs 8, 9, and 11 are considered to be items
7, 8 and 9 under Federal Act No. 11 of June 2003 2003 N
73-FZ-Legislative Assembly of the Russian Federation, 2003, N 24,
2248)
Chapter V. Coop management bodies
Article 19. Structure of the Cooperative Management Bodies
1. Managing a cooperative is a general meeting of members
cooperative (collection of delegates, cooperative
(or) Co-operative Chairman, Co-op's Supervisory Board
required in a consumer cooperative, in
production cooperative in if members
Thecooperative is at least 50. Federal Act of
18 February 1999 N 34-FZ-Law Assembly of the Russian Federation
Federation, 1999, N 8, article (973).
2. Authority, Structure of the Co-op
selection order and for the board members and/or chair
cooperative and members of the Supervisory Board Co-op,
order to convene and hold a general meeting of members of the cooperative or
collections are installed according to of this
TheFederal Law of the Statutes of the Cooperative (ed.). Federal Law
dated June 11, 2003 N 73-FZ-Legislative Assembly Russian
Federation, 2003, N 24, st. 2248).
Article 20. General Shareholders Meeting Authority
1. The general assembly of the members of the cooperative is the supreme body
Co-op and authority Any
cooperative activities cancel or
confirm the management decisions and (or) chairman of the cooperative and
Theobservation of the board of the cooperative. Federal Act of
June 11, 2003 N 73-FZ - The Russian Law
Federation, 2003, N 24, st. 2248).
2. of the general meeting
cooperative includes consideration and action on the following
questions:
1) Assertion of the Cooperative, making
contributions to it
2) Select Chairman, Co-operative Board Members
Supervisory Board Co-operative,
activity and (red) Federal
Act of 18 February 1999 N 34-FZ- Legislative Assembly
Russian Federation, 1999, N 8, 973;
3) approval of cooperative development programs, annual report
and annual (financial) reporting (in )
Federal Law of Nov. 4 N 344-FZ-Collection
Laws of the Russian Federation, 2014, N 45, art. 6154;
4) Setting the size and order of
other payments, order of return to members of the cooperative on exit
from the cooperative (to the red. Federal Act of 3 November 2006 N
183-FZ -Collection of Russian legislation, 2006, N
45, article 4635);
5) the (revenue) distribution of (revenue)
;
6) alienation and production
cooperative, acquisition, also committing deals, if
resolution on this issue by this Federal Law or Statute
cooperative members
Thecooperative. Federal Act of 11 June 2003 N 73-FZ
-Russian Law Assembly, 2003, N 24, st.
2248);
7) the definition of the kinds and sizes of the cooperative funds, and
terms and conditions;
8) joining other cooperatives, economic
partnerships and societies, unions, associations, and their output;
9) Order of Credit Members
establishing the size of these loans;
10) create and branch offices
;
11) reorganizing and Elimination
12) and cooperative members (for
production cooperative) (in the red. Federal Law
June 2003 N 73-FZ - Collection Russian
Federation, 2003, N 24, 2248);
13) Creation of Correction (subpara. 13
Federal Law June 11 2003 N 73-FZ - To
Laws of the Russian Federation, 2003, N 24, 2248);
14) Members Members Members
and (or) Co-operative chairman, cost compensation
cooperative ( )
Federal Law June 11 2003 N 73-FZ - To
Laws of the Russian Federation, 2003, N 24, 2248);
15) Attracting to members of board members and (or)
President of the Cooperative, Members of the Supervisory Board of Cooperatives
(Code of 11 June 2003 introduced by Federal Act No. N 73-FZ
-Russian Law Assembly, 2003, N 24, st.
2248);
16 approval of internal documents (positions) of cooperative,
certain of the Federal by the law and the charter of the cooperative
(sub-paragraph 16 of the Federal Act of June 11, 2003). N 73-FZ
-Russian Law Assembly, 2003, N 24, st.
2248);
17) the decision of other by this Federal Law or
{ \cs6\f1\cf6\lang1024
}
{ \cs6\f1\cf6\lang1024 } Meeting
members of the cooperative of questions (introduced by Federal Law)
dated June 11, 2003 N 73-FZ-Legislative Assembly Russian
Federation, 2003, N 24, st. 2248).
3. Decisions on questions, by certain items 1, 4, 5, 6 and
9 2
cooperative is considered accepted, if they are not submitted less
Two thirds of the members of the cooperative. In the case of if
taking decisions on these issues will not will be provided required
quorum at the general meeting of the members of the cooperative,
general meeting of cooperative members
questions are considered accepted, if they are submitted at least two
A
cooperative. Reorganize
in order,
Federal law (under the rule of law) Federal Act of 11 June 2003
N 73-FZ-Russian Federation Law Assembly, 2003, N
24, article 2248).
The Charter of the list of issues that are relasable
Exclusive for the general meeting of the members of the cooperative or
the
most of at least two thirds of the votes, can be extended, and
{ \cs6\f1\cf6\lang1024
}
{ \cs6\f1\cf6\lang1024
}
{ \cs6\f1\cf6\lang1024
}
for to make decisions on these issues. Federal Law
dated June 11, 2003 N 73-FZ-Legislative Assembly Russian
Federation, 2003, N 24, st. 2248).
4. (Paragraph 4 is no more effective under the Federal Act of 3.
November 2006 N 183-FZ -Russian Law Assembly
Federations, 2006, N 45, 4635)
5. exceptions
exceptioncompetence of the general meeting members of the cooperative, may not
passed to or observatory
Cooperatives Council (para. 5 introduced by Federal Law from 11 June
2003 g N 73-FZ-Assembly of Russian Legislation,
2003, N 24, 100 2248).
Article 21. Convening of a general meeting of members of the cooperative
1. The first general meeting of the member of the is convened in
probably short but no later than three months after
State registration of the cooperative. Cooperatif is not before
two months four months after
end of fiscal year is required to hold annual general meeting
members of the cooperative. General collections of cooperative members,
in addition to the general meeting of the
emergency (in Federal Act of 3 November 2006 N
183-FZ-Legislative Assembly of the Russian Federation Federation, 2006, N
45, article 4635).
2. The calling and for the general
collections of members of a cooperative are managed by the cooperative rule, and in
case of the cooperative's
observation board of the cooperative (rep. Federal Act of 3
November 2006 N 183-FZ - Collection of the Russian
Federation, 2006, N 45, article 4635).
2-1. Formation of the agenda of the annual general meeting of members
cooperative is implemented with
Federal Law Co-op, in
suspension of of the cooperative's board of cooperative
Council of Cooperatives (para. 2-1 introduced by the Federal by Law
November 2006 N 183-FZ -Russian Law Assembly
Federation, 2006, N 45, article 4635).
3. The general general meeting of the members of the cooperative is convened
management board on its own initiative or requirement
Union
Union
audit
agricultural cooperatives, of which is
cooperative, one of the number of members of the cooperative or one
third from the number of members of the cooperative (in .
Federal Law of Nov. 3 2006 N 183-FZ Meeting
Laws of the Russian Federation, 2006, N 45, article 4635).
4. or control of
group of members or associated members of the cooperative,
convening the general general meeting
cooperative, must submit in of the cooperative in
written form Proposed of the common
collection and justification of need for it . Other organs
cooperative or other members of the cooperative or
associated cooperative members callers
convening an extraordinary general meeting of cooperative members, cannot
make changes to meeting's general meeting
initiators of the specified meeting (to the red. Federal Law
dated November 3, 2006 N 183FZ-Legislative Assembly of the Russian Federation
Federation, 2006, N 45, article 4635).
5. The suspend
authority cooperative supervisory board for seven days
dates for of the general requirement
meetings of cooperative members are required to accept decision
specified collection or denial of meeting (paragraph 5 entered
Federal Law from 3 November 2006 N 183-FZ- -Collection
Laws of the Russian Federation, 2006, N 45, article 4635).
6. The general
cooperative members can only be accepted
if none of the questions in the proposed of the agenda is extraordinary
common of meeting members of the cooperative is not within its scope
or does not corresponds to requirements
the requirements set by this Federal Law
early general general meeting of the cooperative.
case, if one or Proposed
Agenda general general general meeting
and meet the other requirements
general collection of the members
true Federal Law, extraordinary general meeting of members
cooperative must be ( 6 introduced by Federal
of November 3, 2006 N 183-FZ-Legislation Collection
Russian Federation, 2006, N 45, 100 4635).
7. If in days
cooperative requirement for an extraordinary general meeting
The cooperative'smembers will not take a decision
the meeting or will decide
Failure or to hold the specified
meetings in the set will not will be completed, extraordinary
general meeting of cooperative members may be convened observable
cooperative, audit cooperatives union, member
which is cooperative members
associated members of cooperative,
early of the general meeting of the members of the cooperative. In this case
cooperative is required to provide tocallers
extra general collection member list
cooperative, associate members and addresses (item
7 was introduced by Federal by the Law of November 2006 N 183-FZ-
Russian Law Assembly, 2006, N 45, st.
4635).
Article 22: Procedure for convening a general assembly of members of the cooperative
(name in red. Federal Act of 3 November 2006 N
183-FZ-Legislative Assembly of the Russian Federation Federation, 2006, N
45, art. 4635)
1. Member of cooperative, associated member of in
writing form is required to report to the Co-operative Board
your location, about the address, to change the address for which they
should be sent in to the form for notification and notification
provided by this Federal Law and the Statutes of Coop
(Ind. Federal Act of 3 November 2006 N 183-FZ-Assembly
Laws of the Russian Federation, 2006, N 45, article 4635).
2. general meeting of the member of the cooperative,
given collection, location, members
cooperative and The members of the Cooperative must
notified in writing no later than 30 before dates
holding a general meeting of the members of the cooperative. Federal
Act of November 3, 2006 N 183-FZ - Legislation
Russian Federation, 2006, N 45, 100 4635).
2-1. When holding a general meeting of members of a cooperative in the form of
meeting authorized cooperative in meeting notice
authorized cooperative members in addition to the
real articles, must contain about the date, , and
Meeting time on which Commissioners are elected,
a also the last name, name, of the member of the cooperative board, or
The
cooperative
of this meeting and must report to members
meetings Basic Issues of the meeting
authorized co-operatives (para. 2-1 by Federal Law)
November 3, 2006 N 183-FZ-Assembly of the Russian
Federation, 2006, N 45, article 4635).
3. In cooperatives where in accordance with paragraph 7 of the Article
14 of this Federal law needs to install
{ \cs6\f1\cf6\lang1024}Members of the general meeting of the cooperative members
associated members of cooperative or choose from associated
delegate members, in notification of general
meeting members of the Cooperative, to associate members
cooperative, in addition to
Articles, must Date, , , and
meeting the associated members of the cooperative,
Members Members
trusted, a also last name, name, representative
or of the board
cooperative, which are responsible for carrying the meeting
must report questions
agenda of the upcoming general meeting members of the cooperative
collection of authorized cooperative (s) Federal Act of
November 3, 2006 N 183-FZ-Assembly of the Russian
Federation, 2006, N 45, article 4635).
4. Notification in written general meeting of the meeting
Members of the cooperative shall be awarded to the member of the cooperative under the receipt or
is routed through the mail.
Co-operative Charter, members and associated members
which exceeds 300 man, can order
notifying about convening a general meeting of cooperative members
publishing to a periodic print not later than
30 days until the date of the general meeting of the members of the cooperative at
condition, if print edition isdefined
Charter and o all members of the cooperative and
associated cooperative members are notified in writing
receipt of or by mail connection (paragraph entered by Fed
Act of November 3, 2006 N 183-FZ- Legislative Assembly
Russian Federation, 2006, N 45, 100 4635).
5. Failure in in writing of the member of the cooperative,
notified, from receiving it means that
this member of the cooperative has been notified about the meeting of members
Acooperative. voting can
is a member of the cooperative at any time.
6. The of the Meeting of Members of the Cooperative
must be specific, must specify a name and title
citizen or name of legal person for whom
expected to make a corresponding decision,
{ \cs6\f1\cf6\lang1024}Statutes or Internal Documents (s)
Thecooperative, to which you intend to make changes. In the case,
if in general meeting of the members of the cooperative is included
questions, related adoption of in in or
internal (s) (s) or
changes to the cooperative's charter and (or) add-ons to it
cannot reflect in a general meeting notification
cooperative, meeting time agenda
and where projects
was introduced by the Federal Act of June 11, 2003. N 73-FZ
Laws of the Russian Federation, 2003, N 24, 100 2248; in the red.
Federal Act of 3 2006 N 183-FZ- -Collection
Laws of the Russian Federation, 2006, N 45, article 4635).
7. The annual general meeting of the cooperative member
Theis formed by the board of the cooperative. Monitoring
cooperative, or at least one tenth of all
Members of cooperative member group, or not
less than one third of members
group of members additionally to the right
submit in writing to the annual meeting agenda
cooperative not more than two questions and nominate candidates in
lookout tip cooperative, Co-op,
is the chair of the cooperative.
Additional questions, to be included in the agenda
annual general meeting of cooperative members, must be made in
board of cooperative not later than 30 days after
Afiscal year.
(Paragraph 7 was introduced by the Federal Act of June 11, 2003. N 73-FZ
-Russian Law Assembly, 2003, N 24, st.
2248; to red. Federal Act of 3 November 2006 N 183-FZ
The legislation of the Russian Federation, 2006, N 45, st.
4635)
8. The is not entitled to change to
additional issues, to in on the agenda
Theannual general meeting of the member of the cooperative. Additional
questions, as well as suggestions for nominating candidates in
management of a cooperative, to be included in the annual agenda
general meeting of cooperative members, except if:
1 Board
adhered to;
2 controls are not
;
3) additional issues to be included in the agenda
annual general meeting members of do not match
Federal law, other pieces
legal acts of the Russian Federation or the statute of the cooperative.
(Item 8 was introduced by the Federal Act of 3 November 2006). N
183-FZ-Legislative Assembly of the Russian Federation Federation, 2006, N
45, art. 4635)
9. A motivated decision by a cooperative rule about in
include in the agenda of the general meeting
additional question cooperative or propositions
seven-day cooperative management
Candidates
}
cooperative is directed to persons or to a cooperative management body,
who introduced these questions and suggestions in agenda
Thecommon of the member of the cooperative. Specified or body
cooperative management can appeal this decision to the court (para. 9
was introduced by the Federal Act of November 3, 2006. N 183-FZ Meeting
Laws of the Russian Federation, 2006, N 45, article 4635).
Article 23. Delegate meeting
1. In a cooperative in which the membership exceeds 200 members,
{ \cs6\f1\cf6\lang1024
}
cooperative can be held in the meeting of (in
Federal Act of 3 November 2006 N 183-FZ Meeting
Laws of the Russian Federation, 2006, N 45, article 4635).
2. The can be a physical person, that is or
member of the cooperative, or an associated member of the cooperative, or
legal member of or
associated member of the cooperative. Members of the cooperative,
members
cooperative, unselected delegates
collection of delegates without the right to vote, but have the right to perform
in a meeting and making proposals (to the red. Federal Act of 11
June 2003 N 73-FZ - Collection Russian
Federation, 2003, N 24, st. 2248).
3. The Federal and by the bylaws of
cooperative location for the general meeting is valid for
collections.
4. The Commissioners are elected at meetings in the workplace or
place and (or) the location of the members of the cooperative or
associate members of cooperative, open or secret voting
on every delegate after
members of the cooperative in order, defined by article 22 of the present
Federal Law, in in writing with
agenda of meeting, dates, , and
, rules for the delegate to this meeting (in
Federal Act of 11 June 2003 N 73-FZ - To
Laws of the Russian Federation, 2003, N 24, 100 2248).
5. The Commissioner should be elected not more than 10 members A
cooperative. Number of delegates, of favorites
cooperative members, should not exceed 20 percent of number
trusted, favorite members from members of the cooperative. Count
commissioners are based on the number of members of the cooperative and
number of associated members of the cooperative at the end of the corresponding
fiscal year (new paragraph 5 introduced by Federal by Law
June 2003 N 73-FZ - Collection Russian
Federation, 2003, N 24, st. 2248).
6. Authorized can delegate authority to others
members of the cooperative.
7. The election of the delegate is executed by protocol,
signed by the chair and by the secretary of the meeting.
is passed in the { \cs6\f1\cf6\lang1024 }
{ \cs6\f1\cf6\lang1024
} meeting
(Paragraph 7 was introduced by Federal Law of June 11, 2003). N 73-FZ
The legislation of the Russian Federation, 2003, N 24, st.
2248).
(Paragraph 5 is considered to be paragraph 6 by Federal Law
dated June 11, 2003 N 73-FZ-Legislative Assembly Russian
Federations 2003, N 24, art 2248)
Article 24. How to make decisions by a general meeting (collection
authorized members of the cooperative
1. Quorum in decision-making, if the Co-operative Charter
is different, must be at least:
on the general meeting of the members of the cooperative, present
Members of Coop, - 25 % of the total members
eligible to vote but not less than 5 members of the cooperative
in case, if the number of members of the cooperative is less than 20 members
(Ind. of the Federal Law of 18 February 1999 d. N 34-FZ
Russian Federation Law Assembly, 1999, N 8, 973;
Federal Act of 3 2006 N 183-FZ- -Collection
Laws of the Russian Federation, 2006, N 45, article 4635);
in a meeting of commissioners- 50 % of the number
trusted, less than 30 delegates.
Federal Act of 3 2006 N 183-FZ- -Collection
Laws of the Russian Federation, 2006, N 45, article 4635).
1-1. The general meeting of members of the cooperative does not have the right to accept
issues in violation
covered by this Federal and terms
convening general meeting members of the cooperative for exception
rules for the general assembly of members of a cooperative if
includes all the members of the cooperative (para. 1-1
was introduced by the Federal Act of November 3, 2006. N 183-FZ Meeting
Laws of the Russian Federation, 2006, N 45, article 4635).
2. The Cooperative Meeting takes the
majority of votes, if this Federal Law or Statute
Thecooperative does not impose other requirements.
2-1. votes read out on the general meeting of the members
Thecooperative, in of which was voted. Charter
cooperative or by the general meeting of the members of the cooperative may
be additionally provided in in writing
votes of members of the notification
associated members of the cooperative, who were not in common
meeting members of the cooperative (Paragraph 2-1 introduced by Federal Law
dated November 3, 2006 N 183FZ-Legislative Assembly of the Russian Federation
Federation, 2006, N 45, article 4635).
2-2. On the proposal of the Supervisory Board of the Cooperative or at
missing on the cooperative's board proposal to perform
votes on the General Meeting
members is elected commission of at least three
. Membership in an even commission cannot include board members
cooperative, members of the cooperative's supervisory board, chairman
cooperative or nominees these controls
Acooperative. Commission determines the quorum of the general meeting
members of a cooperative, questions
implementing members and members
cooperative voting rights in the general
memberorder of voting, ensures voting order,
implements counting and after the vote count
on the results of the voting, submits this
ballot and ballot papers (para. 2-2 introduced by Federal
of November 3, 2006 N 183-FZ-Legislation Collection
Russian Federation, 2006, N 45, 100 4635).
3. A member of the cooperative who has not made a veum in the prescribed manner
Acontribution does not have the right to vote.
4. The member of the cooperative does not participate in the vote at the time of adoption
or
free from obligations to a cooperative, and
{ } { } { } 5. union representatives (associations), as appropriate can participate in general meetings
cooperatives, in the union (association), with
deliberative voice. Other non-members of the cooperative
associated members of a cooperative can participate in the general
meeting of the cooperative members only by resolution of this meeting and not
have the members of the cooperative or associated
members of a cooperative at the general meeting of the cooperative (in .
Federal Law of Nov. 3 2006 N 183-FZ Meeting
Laws of the Russian Federation, 2006, N 45, article 4635).
6. The person - is a member of the cooperative or associated
member of cooperative-can be represented in the general meeting of members
cooperative without proxy to this legal person
or by proxy of this legal person (Point
6 was introduced by the Federal Act of June 11, 2003. N 73-FZ-Assembly
Laws of the Russian Federation, 2003, N 24, 100 2248).
7.
power of attorney has the right of a member cooperative only one
member of the cooperative, associate member of the cooperative with a right
votes, no more than three other associated members of the cooperative
eligible votes (item 7 introduced by Federal Act of 11 June
2003 N 73-FZ-Legislative Assembly of the Russian Federation,
2003, N 24, 100 2248).
8. The general member of the cooperative assembly(Meetings
commissioners) are processed by protocol, which is made up during
this collection is being processed at least in
later ten days after the end of this meeting.
protocol of the meeting of the member of the (meeting
mandated) must contain (in .
Federal Act of 3 2006 N 183-FZ- -Collection
Laws of the Russian Federation, 2006, N 45, article 4635):
1
locations;
2) location, date and time for the general meeting
;
3) The meeting of the meeting
cooperative and date of presentation of the agenda
day of general meeting of cooperative members;
4) general number of members of date
general meeting of cooperative members, number of members present in of the member's cooperative
cooperative with the right of the casting vote. Meeting
- number s
numberattendees at this meeting;
5) The of the general meeting
;
6) The of the general meeting
;
7 Name, Name, , and Person's title
Cooperative Members
statements;
8) voting results General
meeting members of the cooperative, decisions taken and declared on
this meeting.
(Paragraph 8 was introduced by the Federal Act of June 11, 2003. N 73-FZ
-Russian Law Assembly, 2003, N 24, st.
2248)
9. The protocol of the general assembly of members of the cooperative is attached:
1 a cooperative board decision, , or a review board
cooperative, or of the group of members of the cooperative, or
associated members of the general meeting of members
;
2 members
associated cooperative members that have participated in the general
collection of members of the cooperative. When you are holding a meeting
- list of favorite and delegate lists
participating in a collection of delegates;
3) Proxy, General Members Meeting
cooperative, on representation or election protocols
delegates;
4) Materials,
on the agenda of the general meeting;
4-1 newsletters for the vote ( 4-1 )
Federal Law from 3 November 2006 N 183-FZ- -Collection
Laws of the Russian Federation, 2006, N 45, article 4635);
5) statements, suggestions, and special opinions about which
members of the cooperative and associate members of the cooperative expressed
request to append to for the general meeting
;
6) Other Co-operative Charter Internal
documents (s) or a general meeting of members
cooperative documents.
(Paragraph 9 was introduced by Federal Act of June 11, 2003. N 73-FZ
-Russian Law Assembly, 2003, N 24, st.
2248)
10. Each of from
Theof the cooperative should be signed by the president and the Secretary
this meeting, Co-operative General
Generalmeeting Councillor
Thecooperative or not less than three other members of the cooperative. If
one of persons who must sign the shared meeting protocol
members of the cooperative, refuse to sign it, it must specify
in of the meeting of the reason for its failure (para. 10 entered)
Federal Law June 11 2003 N 73-FZ - To
Laws of the Russian Federation, 2003, N 24, 100 2248; in the red.
Federal Act of 3 2006 N 183-FZ- -Collection
Laws of the Russian Federation, 2006, N 45, article 4635).
11. On the board of the cooperative, the supervisory board of the cooperative
should one instance of the general meeting protocol
members of the cooperative. The board of the cooperative has the requirement
member of cooperative or associate member to share
them with the general meeting protocol of the cooperative members or give them
certified copies of of this meeting from
log of this meeting, except for information that is shared
meeting members of on a commercial secret, pay, not
exceeding the cost of making these copies or statements (point
11 was introduced by the Federal Act of June 11, 2003. N 73-FZ-Assembly
Laws of the Russian Federation, 2003, N 24, 100 2248; in the red.
Federal Law of Nov. 3 2006 N 183-FZ Meeting
Laws of the Russian Federation, 2006, N 45, article 4635).
12. In the case of cooperative members or associate members
cooperative has filed General
collection or incomplete members, these statements should
to be considered in the nearest general meeting of the
member of the cooperative(para. 12 was introduced by Federal Law of June 11, 2003). N 73-FZ-
Russian Law Assembly, 2003, N 24, st.
2248).
Article 25. (Uspent force on the basis of the Federal Act
19 July 2009 N 205-FZ- Assembly of the Russian
Federation, 2009, N 29, article 3642
Article 26. Cooperatives ' executive bodies
1. The executive of the Cooperative's bodies are the President.
Cooperative and cooperative management. If members
cooperative less 25, of the organization's organization may
election only of the Co-operative
deputy.
2. The chairman of the cooperative, the board of the cooperative is elected
common collection of members of cooperative members
no more than five years. The Chairman of the Cooperative is The
member of the board of the cooperative and leads it.
3. The Cooperative Board , if by the constitution of of the cooperative
is different, consists of three people.
4. The Co-operative's authority's authority is
questions:
1)
associated members of the cooperative, leaving members of the cooperative or
associated cooperative members
2) pre- exception from
members of cooperative or associate members of the cooperative;
3) contracts with members
;
4) approval of size and form of return when exiting
cooperative, finding the land in
case, if in of the out of is highlighted
land;
5) building of the general meeting
Cooperatives and its Convening;
6) commit together with the Cooperative Council
repayments pans, payment or
cooperative payments, loans to members of the cooperative
or associate members of the cooperative;
7 of the General Meeting
members of a transaction cooperative;
8) with the Coop Monitoring Board
Audit Union Audit audit results
cooperative, and to determine how to resolve detected violations
(Ind. Federal Act of 3 November 2006 N 183-FZ-Assembly
Laws of the Russian Federation, 2006, N 45, article 4635);
9) Approve the market value of non-monetary contributions made
as a premium contribution;
10) the solution of other Federal
{ \cs6\f1\cf6\lang1024}{ \cs6\f1\cf6\lang1024
}
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}
to the competence of the board of a cooperative of issues.
5. The Co-operative's Management Board
cooperative and, if is provided for by the charter of the cooperative,
Co-operative Board approved
cooperative general
creating times, order of meetings
cooperative management, Log Decoration
board meetings. Constitution of the cooperative or provision
cooperative can allocate
responsibilities among the board members of the cooperative.
6. The Co-operative Meetings of the Board
cooperative, which signs from the name of the cooperative board
adopted decisions and protocol board of the cooperative, if
cooperative or rule of cooperative board not provided
sign these documents and other members of the cooperative board.
7. The of the proxy without the proxy
Cooperative Members
questions, attributed to these authorities, and
questions alone on behalf of the cooperative.
The chairman of the cooperative represents the cooperative in
state authorities, local governments
organizations, manage under the Co-op Charter
property of the cooperative, concludes contracts and grants powers of attorney, in
including the right of trust, opens the account of the cooperative in
and other organizations,
firing cooperative workers, organizes work,
mandatory for members members and
cooperative orders and orders, organize solutions
general Councillor
cooperative and other non-conflicting Co-operative Charter
functions in the interest of the cooperative.
8. The constitution of a cooperative may provide for the transfer of
President's Co-operative
executive labor
Cooperative
cooperative or at the absence of of the cooperative
reasons for the decision of the general meeting of the members of the cooperative.
9. chairperson
member
cooperative general members
cooperative Other
economic activity of the cooperative, and volume of work,
Aboard member of the cooperative.
10. Chairman and Members of the Cooperative Management Committee
is managing a cooperative. In doing so, they must
restrictions, set by true Federal Law and Statute
Acooperative. Chairperson of the cooperative and members of the cooperative rule
reports to the and the general meeting
members of the cooperative.
11. Co-operative Chairman or Co-operative Board Members
or the executive director of the cooperative can be any time
freed from on the General
meeting members, of in order, defined
Thetrue Federal Act and the charter of the cooperative.
12. Coop management or entitled to
common meeting members of the cooperative group members of the cooperative or associated members of the Co-operative, to include in agenda for this for early release
{ \cs6\f1\cf6\lang1024 }
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}
{ \cs6\f1\cf6\lang1024
}
cooperative, must give a written form justification for
clauses. control or members group
cooperative or associate members of the cooperative,
convening a general meeting of members of a cooperative, in the agenda
included early release from chair
cooperative or executive director, must not
less than 30 days to start
meetings send these suggestions for getting in audit union, of which is the cooperative Federal Act of 3 2006 N 183-FZ- -Collection Laws of the Russian Federation, 2006, N 45, article 4635). 13. Conclusion of an audit union on the justification of premater exemption from Cooperative or executive director of the cooperative must be read out in general
members of the cooperative. The general meeting of the members of the cooperative
has the right to consider or not take into account the conclusion of an audit union, but
not can consider the early release
{ \cs6\f1\cf6\lang1024 }
{ \cs6\f1\cf6\lang1024
}
{ \cs6\f1\cf6\lang1024
}
cooperative without of in this meeting
audit union concluding in Federal Law of
November 2006 N 183-FZ -Russian Law Assembly
Federation, 2006, N 45, article 4635).
14. in cooperatives in in with
real s only chairperson-only
cooperative, authority and of the Co-operative reign of
certain Federal
president of the cooperative.
(Article 26. Federal Act of 11 June 2003 N
73-FZ-Legislative Assembly of the Russian Federation, 2003, N 24,
2248)
Article 27. (Deleted by Federal Law of February 18, 1999
g. N 34-FZ-Assembly of Russian legislation, 1999,
N8, st. 973)
Article 28. Responsibility of the chairman of the cooperative and
Co-operative Board Members
(name in red. Federal Act of 11 June 2003 N
73-FZ-Legislative Assembly of the Russian Federation, 2003, N 24,
2248)
1. Chair and Members of Board
cooperative must act in the cooperative
good and are reasonable. They must take guard measures
information, and (or)
commercial secret, links
exercising their authority (to do so. Federal Act of 11 June
2003 g N 73-FZ-Assembly of Russian Legislation,
2003, N 24, 100 2248).
2. Losses, caused by cooperative
misperformance of board members
cooperative, to reimbursed by them
judgement. solors carry solidarity
responsibility.
3. A member of the board of the cooperative is bound by by law
order damages, to the cooperative, in cases
if in violation of or of the Federal Act
cooperative:
repaid all or part of the amount of the contribution, paid
dividends or co-payments;
is passed or sells the property of the cooperative;
is a cooperative payment after
insolvency of the cooperative or after
insolvency (bankruptcy);
is granted a credit.
4. cooperative
damages if their actions are based on the decision of the general meeting. 5. Co-operative board members are not relieved of duty compensate damages for to them
committing actions, of paragraph 3 of this article
if the specified activity has been committed with the approval of
board of the cooperative. 6. The member of the cooperative's
responsibility, if was not present at the board meeting
cooperative where the solution was reached
cooperative was lost, or was present at the meeting
cooperative rule, on which the specified decision was made,
but voted against or
voting, should be in the meeting protocol
cooperative ( 6 is introduced by Federal Law 11
June 2003 N 73-FZ - Collection Russian
Federation, 2003, N 24, st. 2248).
7. The Co-operative is responsible,
this Article for Cooperative Management Board
(Paragraph 7 was introduced by Federal Law of June 11, 2003). N 73-FZ
The legislation of the Russian Federation, 2003, N 24, st.
2248).
8. The executive director of the cooperative is responsible in
order and conditions, labor
by the cooperative's cooperative
was introduced by the Federal Act of June 11, 2003. N 73-FZ
Laws of the Russian Federation, 2003, N 24, 100 2248).
Article 29. Supervisory Board of Cooperatives
1. The of the Council of is at least out of
three people, the general meeting from
Acooperative. Order of By observer
is set by the cooperative charter. Federal Act of
11 June 2003 N 73-FZ-Law Assembly of the Russian Federation
Federation, 2003, N 24, st. 2248).
2. No activity as a member
The
cooperative's
board is not allowed.
Expense, incurred by a member of the cooperative's supervisory board at
performing his authority, reimbursed
general of the meeting of the members of the cooperative. Federal Act of
June 11, 2003 N 73-FZ - The Russian Law
Federation, 2003, N 24, st. 2248).
3. The members of the Supervisory Board of the Cooperative may
be terminated by decision of the general meeting and before the end of the term, on
Thethey were elected to. This decision does not require
less than two thirds of the number of the
collection of members of the cooperative.
4. cooperative
to be a member of a cooperative board at the same time or
Acooperative.
5. Members of the board of the cooperative, who have expressed the wish to leave
composition, The tip
cooperative before the general meeting of members of the cooperative of the solution
to terminate their authority.
6. When holding a general meeting of members of the election cooperative
or
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}
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}
candidates ( 6 )
Federal Law June 11 2003 N 73-FZ - To
Laws of the Russian Federation, 2003, N 24, 100 2248).
7. The of the Co-operative
Coop
are elected at a meeting of the Supervisory Board of Coop from a number
The chairman of the Supervisory Board of the Cooperative
prepare, convening, board meetings
and organization of board observer
cooperative in matches with the position, General
assembly of members of the cooperative (item 7 introduced by Federal Act)
3 November 2006 N 183-FZ-Legislative Assembly of Russian
Federation, 2006, N 45, article 4635).
8. The meeting of the Supervisory Board of the Cooperative is not held
less one times in and are themed by protocol,
signed for all members present of this meeting
Supervisory Board ( 8 ) Federal
of November 3, 2006 N 183-FZ-Legislation Collection
Russian Federation, 2006, N 45, 100 4635).
Article 30. Powers of the Supervisory Board of Coop
1. The Cooperative's Supervisory Board performs control
Cooperative Management Co-op,
Thewill audit activities of the cooperative. Monitoring
cooperative has the right to demand from the cooperative,
Chairman of the Cooperative or Executive Director of Co-op
cooperative, to check the status of the cooperative's cash register, availability of valuable
paper, trade documents, inventory, and other (in
Federal Act of 11 June 2003 N 73-FZ - To
Laws of the Russian Federation, 2003, N 24, 100 2248).
2. The Cooperative Supervisory Board is required to check
accounting (financial) reporting, annual report, give
Income
Thecooperative and measures to cover the annual deficit. About
testing the cooperative's supervisory board is required to report
meeting members of the Cooperative before the annual accounting
(financial) reporting (Ind. The federal law of Nov. 4-
2014 N 344-FZ-Assembly of Russian Legislation,
2014, N 45, article 6154).
3. The cooperative gives
with requests for membership in the cooperative and withdraw from
members of the cooperative.
4. Observational of the Cooperative is calling a general meeting
members of the cooperative, if this is necessary in the interests of the cooperative.
Chairman of the cooperative's
responsibilities of the chair on meetings of meetings
members of the cooperative, unless otherwise provided by the charter of the cooperative.
5. The cooperative's Charter can be and other
member of the cooperative's supervisory board.
6. cooperative
delegate authority to others.
7. The Supervisory Board of Cooperatives represents a cooperative in
case, if by the cooperative is a lawsuit against the members
{ \cs6\f1\cf6\lang1024}{ \cs6\f1\cf6\lang1024
}
{ \cs6\f1\cf6\lang1024
Cooperative with a general meeting
members of the cooperative (to the red. Federal Act of 11 June 2003 N
73-FZ-Legislative Assembly of the Russian Federation, 2003, N 24,
2248).
8. Concurring of the cooperative's of the cooperative is required in
loan to cooperative board member,
in case if of the cooperative's cooperative
Theguarantor of the credit to a member of the cooperative.
9. Members of the Members MembersMembers
MembersSupervisory Board of Cooperatives to Delegate to
people who have been elected by the general assembly of the members of the cooperative.
10. Surveillance cooperative right temporarily, to
cooperative members ' general meeting suspend
members of cooperative management and adoption
authority. 30 days of the of this solution
cooperative
members of the cooperative that should cancel the observation
{ \cs6\f1\cf6\lang1024 }Co-operative Board{ \cs6\f1\cf6\lang1024
}
or{ \cs6\f1\cf6\lang1024
}
(or) chairman of the Co-operative (ed.) Federal Act of 11
June 2003 N 73-FZ - Collection Russian
Federation, 2003, N 24, st. 2248).
11.
cooperativeclause 28 of this Federal Law
Liability of members of the board of the cooperative.
12. in cooperatives in in with
19 of the Federal tip
cooperative not is created, and responsibilities
certain Federal common
Meeting of members of the cooperative (para. 12 introduced by Federal Act)
June 11, 2003 N 73-FZ - The Russian Law
Federation, 2003, N 24, st. 2248).
Article 30-1 Appeals against management decisions
cooperative
1. Solution of the general meeting of members of the cooperative, accepted
violation of the Federal of the law, other
Russian Federation Regulations, Statutes of the Cooperative
and in violation of and (or) the legitimate interests of the member of the cooperative,
may be recognized by
cooperative or associate member of the cooperative,
vote or vote against the contested decision.
2. The Coop of the cooperative or board
cooperative, taken in violation of this Federal Law,
other Regulatory Legal of the Russian Federation, Statutes
cooperative and violating and (or) lawful members
cooperative or affiliate of the Cooperative can be
was declared invalid by a court on the application of a member of the cooperative or
associated member of the cooperative.
3. The Court, taking into account all the circumstances of the case, has the right to remain in force
{ \cs6\f1\cf6\lang1024 } Cooperative management solution} , if approved
violations are not significant, and such a solution did not cause
causing loss to the or member of the cooperative
associated member of cooperative, by
Recognizing of the cooperative's decision to be invalid,
or other adverse consequences for them.
4. Recognition of decisions of the meeting of the Cooperative,
or
cooperative deal approval by a cooperative,
invalid in case of appeal against such decisions
challenges in the relevant of the cooperative do not lead to
the recognition of such transactions is invalid.
5. The member of the member's member
cooperative recognizing the decision of the general meeting of members of cooperative
and (or) Other Control
invalid can be filed in court within three months with
days, when member of the cooperative or associate member of the cooperative
learned or should have learned about the decision, but in any
not later than in months of
solutions. The time limit for appealing against decisionsis provided for in this paragraph
general members and (or) other
cooperative management for skipping restore
subject, for exception if of the member of the cooperative or
associated cooperative member did not submit the specified application under
Theimpact of violence or threat.
6. Violations of this Federal Law and other regulatory measures
legal acts of the Russian Federation, in the convocation of a general
cooperative assemblies, are evaluated by the court
lawsuit acceptance of the corresponding decision of the general meeting of the members
Thecooperative is invalid.
7. The General Meeting of the Members of Members of the Cooperative, Accepted without
required for the majority of members
cooperative, and issues not included in the agenda
general meeting of cooperative members, except if
cooperative, are not effective regardless of judicial appeal
order.
(Article 30-1 was introduced by Federal Law of 19 July 2009. N
205-FZ -Russian Law Assembly, 2009, N
29, Art. 3642)
Article 31. Agricultural Cooperative Audit Union
1. The Audit Union of Agricultural Cooperatives
also-Auditing Union: Union of Agricultural Cooperatives,
Revision of Financial-Economic Activity
affiliated cooperatives, cooperative unions, coordinating this
activity, view and interests
Cooperatives, Members of the Union's Collateral
audits of services, and other current Federal
function.
2. The Audit Union is created at the initiative of less than
Cooperatives, by the founders. In
Installed by the Federal Quantity
- members of the alliance audit membership
union in self-regulated organization suspended for
three to six months for casting the number of cooperatives
members of an Auditing Union in line with of this
Federal of the law. In the number of members
audit union to this Federal Law in
, a self-regulated organization
audit union excluded from single audit unions
and consulting auditors.
3. Cooperative Union Co-operatives (except audit)
union) is mandatory in one of the audit
unionsby their choice. Otherwise, the cooperative, the cooperative union is to be
liquidation by court decision, on demand of the authority executive Russian scopes agriculture or Russian Federation, credit to
the court's decision on the requirement of the Bank of Russia. Out from
{ \cs6\f1\cf6\lang1024
} Cooperative union{ \cs6\f1\cf6\lang1024
}
{ \cs6\f1\cf6\lang1024
}
more than 30 days to get membership in of another audit
union. The cooperative, along with the cooperative union, is not at the same time
a member of of the { \field
} { \field { \field { \field { \field { \field { \field }
Federal Law of April 2015 N 99-FZ Meeting
Russian legislation, 2015, 2474).
4. performs in
compliance with this Federal Law, with its statute
constituent of the treaty. Supreme control authorities
is the common meeting of the union
elected general meeting of the alliance
supervisory board. The Executive of the Union
is the executive director of the [ [ Audit Union]],
labor
contract. The Executive Director of the Audit Union may be
qualified qualified
auditor or auditor.
5. The Audit Union performs audits in matches
rules of organization and of the audit rules
union, that must not conflict with self-regulating
organization.
6. The financial activity of the audit union is implemented
and Expense-based estimates
control
constituent documents. Union Audit
revisions and related services
reimbursed contributions
Theis based on the specified estimate.
7. from
self-regulated organizations and to be on unified registry
audit and auditor consultants
Thespecified self-regulating organization. Admission of the Audit Union to
members of a self-regulating organization and inclusion in a single registry
audit and
matches with and in order
true Federal by law, documents and
rules of self-regulating organization.
8. The right of an audit alliance to perform audits and
services audits with dates from self-regulating certificate of audit inclusion union in a single audit association registry and consultant auditors. Self-controlled organization for 30 days Get self-control organization must decide to accept an audit of union in
members of a self-regulating organization, to include it in a single registry
audit and consulting unions and issue of evidence
o inclusion of the alliance in the specified registry or forward
audit union motivated
self-regulated organization and in unified registry
The audit associations and consultants.
9. Elimination of Comments
self-regulated organization has the right re- re
in members of a self-regulating organization and include it in
single audit audit and
appeal in waiver of a self-regulating organization to include
it to the specified registry.
Audit Union, included in a single audit registry
unions and auditors consultants during six months of dates
registering of an audit union, must exclude from
name " audit alliance of agricultural
cooperatives ",
phrases.
10. Auditing
written audit opinion,
official document, for members
members and other users of the accounting
(Financial) Co-operatives, Cooperatives
containing in the form of the audit opinion
(Financial) Accounting
cooperative, union cooperatives, compliance
cooperative, union of the accounting cooperatives
Russian Federation Authorities
cooperative management, by the union of cooperatives
Provisions of their statutes and laws of the Russian Federation,
also data about violations that can cause
Myself degradation of financial-economic activity
cooperative, union or insolvency
bankruptcy (in . Federal Act of 4 November 2014. N
344-FZ-Collections of Russian Federation Federation, 2014, N
45, article 6154).
11. Form, content, order of and order
audit opinions defined by rules
self-regulating organization.
12. Audit conclusion, without
revision or contradicting documents
for implementation of audits,
Theself-regulating organization is deliberately false.
13. The audit of the union of cooperatives
false audit opinion entails responsibility
audit in of his right to practice
audit activity or liquidation of it
requirement of a self-regulating organization.
14. No less than 50 percent of the members
Audit presidents
observation
members of the union.
cooperative has the right to execute the presidency
public
supervisory board
started.
15. The audit of the union must contain
audit union of agricultural cooperatives ", pointing to territory on which it performs activity, and not must repeat the name of the territory, used in
Other Audit
Audit and Consulting Services{ Register }
(Article 31. Federal Act of 3 November 2006 N
183-FZ -Collection of Russian legislation, 2006, N
45, art. 4635)
Article 32. Advisor Consultant
1. Audits are carried out by by consultants,
Employees of the Union
or are attractedaudit union of the civil-legal
contracts. In of the Union's Primary WorkUnion
Themust consist of at least three consultants.
2. The physical person acknowledges the person
Federal
self-regulating organization order of qualification
auditor Qualification
Auditor's certificate.
3. Qualification of the auditor's certificate
faces, qualified in the form of the qualification exam.
Mandatory requirements for such persons are:
1) presence of the perfect business reputation
recommendations not less than three consultants- or
auditors;
2) No criminal record for crimes in the economy, a
also for s average of gravity, grave and especially grave
crimes;
3) presence of a document about the top economic or legal
education, received with state accreditation
education programs Federal Act of 2 July
2013 N 185-FZ-Assembly of Russian Legislation,
2013, N 27, art. 3477);
4) the length of service, related to the audit, or
revisions, also in accounting and
accounting (financial) reporting, no less than three
years (in Federal Act of 4 November 2014. N 344-FZ-
Russian Legislation Assembly, 2014, N 45,
6154).
4. Implementation
revision, including a list of documents to be submitted with
statement about the evaluation tolerance, requirements for such documents,
Audit Consultant
qualifying exam and order for
results, form and order for the auditor
qualifying certificate, and order
revocation of this self-adjusted
organization.
5. The audit advisor performs an audit
Unique Registry
The audit associations and consultants.
6.
audits and when administrators attempt to audit
Union or of the member of the member of the audit union
affect them in the audit
this question is about to discuss the general meeting of members of the audit union
or the general meeting of the members of the cooperative.
7. The auditor signing knowingly false
audit gives annulment
Qualification auditor
self-regulated organization
responsibility in with Russian
Federation. A person who qualified auditor
case, if the signed audit certificate will be recognized
knowingly false, bears responsibility in
Russian legislation.
(Article 32 Federal Act of 3 November 2006 N
183-FZ -Collection of Russian legislation, 2006, N
45, art. 4635)
Article 33. Audit and Provision Order
Service Audit
1. Activity
cooperative, of cooperative unions to assess their credibility
accounting (financial) reporting, maintain order
Accountancy for of the Russian Federation
their compliance with the Russian Federation and provisions
{ \cs6\f1\cf6\lang1024
}{ \cs6\f1\cf6\lang1024}
{ \cs6\f1\cf6\lang1024
}
{ \b}
create and cooperatives,
Violations, leading to a deterioration in financial and economic performance
activities or insolvency (bankruptcy) of a cooperative, union
cooperatives, facts of abuse of members of the cooperative, union
cooperatives, , and issues removal requirements
and defects and performance monitoring
(Ind. Federal Act of 4 November 2014. N 344-FZ-Assembly
Laws of the Russian Federation, 2014, 6154).
2. has the right to give its members the following
Related Services audits:
1) staging, recovery, and accounting;
2) advised on management, economic,
tax, accounting, and finance;
3) The financial-economic of the Cooperative,
estimating property, evaluate enterprises as property
{ \cs6\f1\cf6\lang1024 } Enterprise{ \cs6\f1\cf6\lang1024 }
{ \cs6\f1\cf6\lang1024
}
studies; 4) advice on legal
representation of in and tax authorities on customs and
tax disputes
5) Maintenance of the register of members and associate members
;
6) Information and other related audit activities
and contributing to the financial-economicresults
Activities of cooperatives, cooperatives of services.
3. Cooperative Co-operatives are required
revision, of the audit alliance in
includes the specified cooperative, cooperative union, once every two years
( every of the financial ). Credit, insurance
cooperatives, and cooperatives, the sum of the balance assets in
end of the 100 time
Federal minimal Labor
revisions every year.
4. Out-of-yet audit should be audited
or a lookout
Council of Cooperatives, Cooperative Union or Groups of Persons
one tenth of the number of members of the cooperative, members of the cooperative union
or one third of associate members of the cooperative.
Expense Members or members
cooperative for cost of extraordinary audit
may be reimbursed by the cooperative, if the solution is a shared
audit
useful.
5. audit results
cooperative, union in in writing conclusion,
which must be discussed in a 7-day
board
meeting
Thecooperative, of the union of cooperatives. Review results
must be reported in the next general meeting of members
Thecooperative, of the cooperative union. Co-operative Board, Board
Co-operatives are required to notify the [ [ audit]]
union,representatives of which has permission to in
meetings and general meeting with deliberative vote, date
holding the specified meeting and another general meeting of members
Cooperatives, Cooperative Union.
6. The Audit Union, if necessary, for as soon as possible
acquaint members of the cooperative, union of cooperatives with results
revision of the cooperative, of the cooperative union can require
Cooperative Cooperative { \cs6\f1\cf6\lang1024
}
general meeting of cooperative members, of cooperative union. In
failure to perform or by the cooperative, by the union
cooperatives of this requirement of the union has the right to call
An extraordinary general meeting of cooperative members, the union of cooperatives
on its own initiative. Presiding in this meeting
Assigned by the person's} union . Costs on organization and
general general general meeting
is reimbursed by a cooperative, a cooperative union.
7. Following a review of results of audits
Cooperative Union Common
decision on protecting the rights and of the legitimate of the cooperative,
Union of Cooperatives and (or) Members of Cooperatives, Cooperatives Union,
disciplinary responsibility, direction
audit reports to law enforcement agencies, about court handling,
arbitration court, and other decisions.
8. In implementing the audit union of cooperatives,
cooperative unions must:
1) provide the required information to the audit alliance
documentation, The Audit Union query is exhaustive
explanations and or in writing
prompt for the information about third parties, to create other
contributing to timely and quality audit implementation
conditions;
2) pay membership fees on time in an audit union, in
number in if
is consistent with the cooperative position, of the cooperative union, and in the case
audit union (or)
companion services not in full
audit reasons;
3) perform other specified Federal Law and
constituent audit and rules
activities of a self-regulating organization of responsibility.
9. Information from on the cooperative, cooperative union,
audit union (or)
revision of the cooperative, cooperative union, or concomie
services, make the professional secret. The Audit
must ensure security Other
information and documents, received and (or)
to audit cooperative, cooperative union, or provide
associated service audit.
10. or his employees are not at liberty to disclose
Cooperative, Co-operatives,
professional secret, without the permission of the cooperative,
Cooperatives, except Cases
Federal law, other federal laws. In
violation of this requirement of the cooperative, cooperative union,
self-regulated organization has the right to demand from the perpetrators
{ damages }
11. The right union or in cases
self-regulating organization, must represent
documents, containing information in
professional secret, in self-regulated organization of which it is a member. Documents that are in audit union orders andoperations
members of the Union, including information
professional secret, is represented in other organizations, in
numbers in the state power of the Russian Federation, only
by court order.
(Article 33 in red. Federal Act of 3 November 2006 N
183-FZ-Legislative Assembly of the Russian Federation Federation, 2006, N
45, art. 4635)
Article 33-1. Audit Union Self-Control
Agricultural Cooperatives
1. Self-controlled is created in
Russian non-profit
organizations with locations
Federal Law, in form of the union (union, union) on
Union control's target
audit, view, and security activities
Their interests and interests.
2. Self-controlled organization performs the following
functions:
1) represents the interests of members of a self-regulating organization in
relations with authorities Russian
Federation, by public authorities Russian
Federation, local governments Russian
organizations and international organizations on issues related
with activity members of a self-regulating organization, creation, and
Cooperative Activity;
2 develops and installs matches with
Federal by law, other federal laws are required
members of a self-regulated rule, including rules
and { \cs6\f1\cf6\lang1024
} audit
services, professional code of ethics
registry order of members of a cooperative and associated members
;
3) develops
self-regulated organization, including in
members of a self-regulating organization, suspension and termination
membership in a self-regulating organization;
4) develops recommendations and other related activities
cooperatives and their unions, exemplary statutes of cooperatives,
their unions and their internal documents (locations)
5) controls the activities of the audit unions-
members of a self-regulating organization in
auditor
Federal Law, Other Federal Laws,
constituent documents, self-regulated
organization, code of professional ethics
auditor-consultants, requirements for qualifications
Auditors and other audit workers, a
also control for resolution of members of a self-regulated organization
violations, this planning
validation of members of a self-managed organization
times in two years, out-of-plan checks are performed based
complaints and applications received;
6) attracts members of to self-control
organization, matching leaders
auditor for violation of rules
self-regulated organization, professional ethics code
auditor consultants
7) organizesarbitration
arbitration of disputes,
between members of self-governable organization, also disputes,
emerging between audit unions and cooperatives;
8) maintains a registry of audit associations and consultants;
9) organizes training, additional professional
education and other workers of cooperatives, unions
Cooperatives (Ind. Federal Act of 2 July 2013 N 185-FZ
Russian Law Assembly, 2013, N 27, 100
3477);
10) organizes the training for people who want to qualify for
eligibility for qualifying auditor
and the qualifying form of the exam,
arranges for an annual improvement of the qualifications of the auditor-consultants
(Ind. Federal Act of 2 July 2013 N 185-FZ-Assembly
Laws of the Russian Federation, 2013, N 27, art. 3477;
11 performs ideas for and principles
agricultural collaboration in
publishes Federal and Other printed editions; 12 performs functions other
Fed by law, by other federal laws, statutes
self-regulating organization for development and consolidation
agricultural collaboration, legitimate
and audit members
organization.
3. The Federal body
state
self-regulatingactivityOrganizations of Audit Unions of Agricultural Cooperatives
running the registry of self-regulating organizations
audit cooperatives unions
governing body, determined by Russian
Federation. In relation to a self-regulated organization that governs
performs certain Federal by law
functions and control for a self-regulated organization
provisions of this Federal Law.
4. Non-commercial organization purchase status
self-regulated organization with dates of by the regulatory authority
registration document for non-profit organization in
state Self-Regulated organization audit
Unions of Agricultural Cooperatives at compliance
nonprofit organization:
1) operation in the organization's quality
audit union or
audit union of agricultural cooperatives no less than three
years;
2) Merge into a nonprofit organization is not
40 Audit Unions;
3) getting in permission
use the word "Russian";
4) generating inclusion
non-profit public registry
self-regulated audit organizations of unions
Agricultural Compensation Fund Cooperatives
not less than 300,000 rubles;
5) presence of the non-profit unit
organization, of a labor-generated contract
workers of a self-regulating organization that performs the following
functions:
control of self-control
membersorganizations and consultants, requirements
Russian Federation { \cs6\f1\cf6\lang1024
} Other Regulatory Legal
acts, rules of the self-regulating organization, compliance of the code
professional ethics of consultants;
Members
self-regulated organization, leaders
auditor responsibility, adoption of
Use or cancellation of such liability measures.
5. In order to develop the self-regulating organization,
The professional ethics of the auditor ethics
self-regulating organization is created except for the executive body
permanent, collegiating control body, in which it is not
more than 25 percent of its size can be faces, not
being members of a self-regulating organization.
6. Within the self-regulating organization
cannot include public servants and municipal employees.
7. For a nonprofit organization in
Registry of Self-Regulated organizations unions
agricultural cooperativesconsider
documents:
1) the organization's
state Self-Regulated organization audit
Agricultural cooperative unions;
2) notarized copies of the constituent documents;
3) notarized a certified copy of to
single public registry of
self-regulated audit of unions
agricultural cooperatives;
4 list audit members
organization specifying their locations and postal addresses;
5) Certified by a non-profit organization copies of the certificates of
inclusion in a single public registry of legal entities
legal entities-members of self-regulated audit organization
Agricultural cooperative unions;
6 extracts from of the account, for the location
account for non-profit organization of the compensation fund
provided for in paragraph 4 of paragraph 4 of this article.
(Item 7 in . Federal Act of 3 December 2011 N
383-FZ-Legislative Assembly of the Russian Federation Federation, 2011, N
49, art. 7061)
7-1. In the case, if the documents specified in 3 and
7 of this
own initiative, the regulatory
(information, in by thedelegate
federal executive
order and time frames By the Russian government
Federations (para. 7-1 by Federal Act of 1 July 2011) N
169-FZ -Collection of Russian legislation, 2011, N
27, Text 3880; to red. Federal Act of 3 December 2011 N
383-FZ- Collection of Russian legislation, 2011, N
49, article 7061).
8. Regulatory Authority within 15 calendar days
receipt of documents given in 7 of this
receives
state Self-Regulated organization audit
and Co-operatives
making to the specified registry or sending a motivated failure in
changes to the specified registry.
9. Regulating Authority refuses a non-profit organization to
contributing in the Self-Managed Registry
audit agricultural cooperatives unions by the following
reasons:
1) non-profit organization does not meet requirements,
paragraph 4 of this article;
2) all documents, provided in paragraph 7
true article;
3) documents submitted with a violation of requirements
paragraph 7 of this article.
10. matches with Federal
law of functions of a self-regulating organization has a right:
1) request and to get in the order of the organs
state authorities, local governments
cooperatives, cooperatives information, required for
self-regulated organization
Federal Act of Functions;
2 participate in the project discussion
other Regulatory Laws of the Russian Federation, Laws, and
Other Legal Subjects of the Russian Federation
Activities
cooperatives, their taxation, accounting
accounting (financial) reporting. Federal Law
dated November 4, 2014. N 344-FZ-Legislative Assembly of the Russian Federation
Federation, 2014, N 45, art. 6154);
3) challenge from in
Russian Federation order of regulations
decisions and (or) action (Idle)
authorities, local governments violating and
legal interests of self-governable
members;
4
revision union, including with information that is part of
professional secret;
5) participate in in the insolvency (bankruptcy) procedures
audit unions-members of self-regulating organization and members
in these cooperative unions;
6) implement other rights, provided by
self-regulated organization matches
Federal Federal Other Federal
laws with special features installed for self-regulating
organization.
11. Self-regulated organization right
business activity, to be member of
self-regulated or member of of the Union,
create audit or audit organizationsand
revision. Single Executive Function
organ of self-regulating organization, not eligible to perform audits
or audit
audit unions or audit organizations.
12. Self-controlled organization generates contributions account
members of this self-regulated organization compensation
minimum < 1
million rubles. The Compensation Fund is formed exclusively in
cash form:
in compensation in in
paragraph 4, paragraph 4, of this article;
self-governmentable members
compensation revenue and other revenues not
prohibited matches with
self-regulating organization.
13. The contribution for the Foundation's compensation fund,
order the changes are made to comply with the requirements
true Federal control
self-regulated organization.
compensation members of self-regulated
must contribute to the compensation fund
contributions in size and in order, that are self-regulating
organization.
14. The Compensation Fund must be fully formed
two years after in
state Self-Regulated organization audit
agricultural cooperatives. Self-controlled
organization is required to report to a regulator on a quarterly
report of the size of its compensation fund and its use.
15. The funds of the fund are owned
self-regulating organization. No compensation fund (s)
may be reprimanded by self-regulating
organization, and also obligations
organization, if the creation of such commitments is bound
compensation payments in accordance with this
article.
16. fund's compensation
Compensatory Reparations for Cooperatives
resulting from poor or bad audit,
on s
Cooperatives, audit
condition if:
1) of an audit union in the event of a cooperative loss
and these damages are recognized by the alliance
self-regulating organization or based on solution
;
2 compensation damages cannot be compensated
audit union, for which these losses occurred, in
his insolvency;
3) poor audit
corresponding losses in the cooperative were not caused by hiding
cooperative of required documents and information from
Audit Union Labor;
4) cooperative based on audit recommendations, in
legal characters took required
Recourse to an arbitral tribunal of decisions of public authorities
local self-government creditors '
compensation for the loss caused to the cooperative.
17. compensation may
to exceed the two-fold size of its membership contribution to the audit union
the calendar in
Thecooperative, causing the loss of the cooperative. General size
compensation payments to cooperatives, members
audit union, cannot be one calendar for one calendar
exceed ten % of the Foundation
self-regulating organization.
18. Self-regulating organization is obliged:
1) set the order and distribution rules between members
self-regulated organization of costs, payments and ,
forming in the process of its statutory activity,
insufficiency of compensation
foundation;
2) set the self-regulating organization rule
providing:
Audit Union Audit and Provisionrules
companion services;
requirements for forming members of a self-regulating organization
their control s
audit and supporting services (in
Federal Act of 2 July 2013 N 185-FZ -Collection
Laws of the Russian Federation, 2013, N 27, art. 3477;
Accounting and Reporting Rules
in a self-regulating organization of its members, view order
reporting and other information about self-regulation members
(in Ed. Federal Act of 4 November 2014. N
344-FZ-Collections of Russian Federation Federation, 2014, N
45, art. 6154);
self-process compliance checks
organization of established rules of self-regulating organization;
Audit results order, review order
their other members of a self-regulating organization;
requirements for for audits,
self-regulating organization;
Members Members
self-regulated organization
violations in their activities;
control Other control measures
used to members of a self-regulating organization and their employees,
and how these sanctions are taken into account;
The order of the compensation fund for
saving and increasing, controls for target
compensation of the fund, the order of self-regulating
accounting for operations with funds intended for
compensation payments
other rules provided by this Federal Law.
19. Self-controlled organization in addition to
true article has other
constituent documents and not contrary to law
Russian Federation of Responsibilities.
20. The organization's organization's organization is required
all its members. These rules are published on
official of a self-regulating organization on the Internet and
calendar days from the date of their approval.
If if of the self-regulated organization
violate the rights of third parties, these persons and the regulator to the right
file a claim for recognition of specified or individual
invalid or changes to specified
rules.
21. A member of a self-regulating organization, in particular, is obliged:
1) comply with the organization's self-regulating organization, rules
self-regulating organization as well as a code of professional ethics
auditor consultants
2) represent the self-regulating organization
other information about activities, content, order, and conditions representations of which are self-regulating
;
3 Recognize the tribunal's jurisdiction as self-regulating
;
4) specify in documents, to consumers
provided audit services union
self-regulated organization or include its name in
name.
22. Member of a self-regulating organization, in particular, to the right:
1) access self-regulating organization to protect
and legitimate interests and require all possible measures
to question;
2 get self-information activity
;
3 use self-regulatingservices
organization, provided in of the charter
activity;
4) appeal against in Russian
Federation Self-Managed
;
5) out from a self-regulating organization by end
financial member of a self-regulating organization,
escaped or excluded members, has no permission to get
made in the membership period of the opening, membership, target, and
other contributions (payments), unless otherwise stipulated by the agreement
conditions for their inclusion, , and within two years from out of
self-regulated organization or of the number of its members
bears default liability
self-regulated organization in order,
constituent documents.
23. Self-Self-Managed Organizations
responsibility for its obligations in size and in the order that
provided by the constituent of a self-regulatingdocument
organization.
24. Self-controlled organization terminates
in cases and in the order, of which is provided by
Russian Federation. Self-Navigating By Application
regulatory authority is excluded based on arbitration
vessels of the registry of Self-Regulated organizations
Audit unions of agricultural cooperatives in the case of:
1 non-conformance members of the self-regulating organization
requirements of paragraph 4 (2) of this Article by
end of second and of each calendar of the year from the
making the organization's registry
self-regulated audit organizations
agricultural cooperatives;
2) non-compliance with the regulatory authority requirement
parts
use of a self-regulating organization compensation fund;
3) other systematic violation of Federal
law.
25. In the voluntary declaration of a self-regulating
organization
paragraph 4 of this article to the requirements of a self-regulating organization
not can be excluded from the public registry
self-regulated audit organizations of unions
agricultural cooperatives within six months of
declaring this non-conformance, must
align your activities with these requirements.
26. of the non-commercial organization number
self-regulated organizations or
property and cash of self-regulating organization, including compensation fund, to be subject, if not defined constituent documents of self-regulating organization, distribution among members of a self-regulating organization in order, defined by its constituent treaty. 27. The full name of a self-regulated organization must containing "self-regulated organization" non-profit organization, recognized by this federal law of the self-regulating organization. (Article 33-1 was introduced by Federal Law of 3 November 2006. N
183-FZ-Legislative Assembly of the Russian Federation Federation, 2006, N 45, art. 4635) Chapter VI: Property of the cooperative
Article 34. Sources of forming a cooperative property
1. The of the cooperative's property may be your own, , and the borrowed money. The share of the in
cooperative's
property is set by by the statute (in .
Federal Law From June 11 2003 N 73-FZ - To
Laws of the Russian Federation, 2003, N 24, 100 2248).
2. The Cooperative forms its own account for
contributions, revenues from activity, and also
revenue from location of assets in banks, from and
others (in Federal Act of 11 June 2003 N 73-FZ-
Russian Law Assembly, 2003, N 24, st.
2248).
3. The cooperative is the owner of the property, of the property passed
as a pallet contribution, and property produced and
acquired by a cooperative in the activity (in .
Federal Law From June 11 2003 N 73-FZ - To
Laws of the Russian Federation, 2003, N 24, 100 2248).
4. For , the activity of the Cooperative forms
funds, parts of the property of the cooperative. Types, sizes of
funds, and use
general meeting members of conformance with
Thefederal law and by the constitution of the cooperative (to the red. Federal
Act of November 3, 2006 N 183-FZ - Legislation
Russian Federation, 2006, N 45, 100 4635).
5. The cooperative's charter can provision
certain part of the property owned by the cooperative is
one indivisible foundation. The undivided of the Foundation
value expression, including it can be set based on
of share of the cooperative (fund's of the foundation
undistributed (revenues) and for with the exception
contingency fund). Federal Act of 3 November 2006 N
183-FZ -Collection of Russian legislation, 2006, N
45, article 4635).
5-1. The cooperative's Charter can list
assets classified as an indivisible foundation. On this list
with book value may include buildings, structures,
structures, technique, equipment, farm animals,
seeds, forage and other property of a cooperative not subject to the period
existence of a cooperative on of the members
associated members of the cooperative or in-kind extradition
cooperative ( 5-1
Federal Law Nov. 3 2006 N 183-FZ Meeting
Laws of the Russian Federation, 2006, N 45, article 4635).
5-2. Decision of on the formation of an indivisible foundation, its size, and
list of property objects, to an undivided foundation
takes members unanimously, if
cooperative has no other order of decision-making question (Paragraph 5-2 was introduced by Federal Law of 3 November 2006) N
183-FZ-Legislative Assembly of the Russian Federation Federation, 2006, N 45, article 4635). 6. A cooperative is required to form a reserve fund which is indivisible and whose size is not less than 10% of the cooperative trust fund. Size, deadlines and Foundation Order set in with Federal by law Charter of the cooperative. Before in full backup
cooperative fund not right payable
accrual and payment of dividends on additional payouts
members of a cooperative, in a credit cooperative also receive loans
of the members of the cooperative and associated members of the cooperative.
Federal Act of 3 2006 N 183-FZ- -Collection
Laws of the Russian Federation, 2006, N 45, article 4635).
7. In a production cooperative the reserve fund is formed
with an annual retention charge of at least 10 percent of the profit,
in a consumer co-op-by deductions from revenues and for
account of addition (target) data members
contributions proportionate for these members
activity and other
{ \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024
}
{ \cs6\f1\cf6\lang1024
}
}
cooperative source ( 7 introduced by Federal Law 3
November 2006 N 183-FZ - Collection of the Russian
Federation, 2006, N 45, article 4635).
Article 35. Paevs and the Co-operative Fund's Fund
(name in red. Federal Act of 11 June 2003 N
73-FZ-Legislative Assembly of the Russian Federation, 2003, N 24,
2248)
1. (Paragraph 1 is no more effective under the Federal Act of 3.
November 2006 N 183-FZ -Russian Law Assembly
Federations, 2006, N 45, 4635)
2. Sizes of Co-operative Foundation
installments are set in the member of (in . Federal Law of 1999 d. N 34-FZ-Assembly Russian Federation Federation, 1999, N 8, st. 973; Federal Law From June 11 2003 N 73-FZ - To
Laws of the Russian Federation, 2003, N 24, 100 2248).
3. Mandatory contributions in the production cooperative
set in equal sizes, in consumer co-op
- proportional to the estimated membership of the cooperative
in of the activity of the cooperative
Federal Law of 1999 d. N 34-FZ-Assembly
Russian legislation, 1999, N 8, sect. (973).
4. Members of the can contribute additional
contributions whose size and conditions are provided by statute cooperative (in Ed. Federal Act of 18 February 1999 N 34-FZ-Russian Federation Law Assembly, 1999, N 8, (973). 5. The Co-op's contributionin in value
expression. In of the donation account
joined cooperative, land and property shares and other
property ( lots) or property
money
Theand are approved by the general meeting of members of the cooperative.
General meeting of cooperative members can approve cash method
estimates of transferred property and delegate cooperative rule to
this methodology
passed property. results of to be evaluated
approved by the cooperative's supervisory board. In this
general a meeting of cooperative members only issues controversial issues
money estimation of property to be transferred. By General
members of the cooperative monetary evaluation of the paev contribution can
to be performed by an independent evaluator. In in account
contribution of land plots are assessed in
matches with the Russian Federation estimate
(in Federal Act of 26 June 2007 N
118-FZ-Russian Federation Law Assembly-Federation, 2007,
27, Text 27).
6. Part estimate of the { \field } donation cost
of a required donation, is passed with the member's consent
Thecooperative in its additional financial contribution (to the red). Federal
Law of February 18, 1999 N 34-FZ-Law Assembly
Russian Federation, 1999, N 8, Art. (973).
7. The member of the production of the cooperative should make no less
10 % of
state registration of the cooperative, remainder required contribution in
the state registration of the cooperative. Federal Law of 18 February 1999 N 34-FZ - Legislation Russian Federation, 1999, N 8, Art. (973). 8. The member of the consumer cooperative must make at least 25 % of Required Per-State Contribution to the Point of State registering a cooperative, the rest of the share contribution - in terms of which are provided by the Consumer Statutes cooperative. Federal Act of 18 February 1999 N 34-FZ-Russian Federation Law Assembly, 1999, N 8, (973). 9. By the decision of the general meeting of the members of the cooperative the size of the pub cooperative fund may be increased or reduced. { \cs6\f1\cf6\lang1024 }
fund should not exceed the size of the cooperative's net assets.
case, if the size of the cooperative's equity fund exceeds its size
net assets, minus the undivided fund, equity fund
cooperative decreases specified path difference
Proportional
associated members and members
members of the cooperative. Federal Act of 18 February
1999 N 34-FZ-Assembly of Russian Federation Legislation
1999, N 8, Art. 973; Federal Act of 11 June 2003 N 73-FZ
-Russian Law Assembly, 2003, N 24, st.
2248).
9-1. In the case, if the general meeting of the members of the cooperative will
decision about categorization of parts of the cooperative's equity fund
indivisible foundation, membership of cooperatives and
Members of the cooperative decreases in the sum of part of funds (item 9-1 introduced by Federal by Law 3 November 2006 N 183-FZ-Legislative Assembly of the Russian Federation,
2006, N 45, article 4635). 10. The fund's size increase is implemented by increase the size of the paev contribution or increase Pops or by the number of the
associated members of the cooperative. In the size exceeded
net assets of by the cooperative trust fund
solution to general assembly members may increase of the paceva
Foundation of the cooperative through the transfer of a portion of net assets to this fund
Thecooperative. Federal Act of 18 February 1999 N
34-FZ-Russian Federation Law Assembly, 1999, N 8,
973; Federal Act of June 11, 2003 N 73-FZ-Assembly
Federation Federation, 2003, N 24, st. 2248;
Federal Act of 3 2006 N 183-FZ- -Collection
Laws of the Russian Federation, 2006, N 45, article 4635).
10-1. If the general collection of members of the cooperative
decision to increase the cooperative's trust fund by enrolments in
it increases the net assets of a cooperative,
Members of the Cooperative proportionally to the payment amount
labor or proportionallycooperative
participation in consumer business activities
Cooperative for the period of the cooperative, unless otherwise
set by the cooperative ( 10-1 ) Federal
Act of November 3, 2006 N 183-FZ- Legislative Assembly
Russian Federation, 2006, N 45, 100 4635).
11. Cooperative lenders must be advised
about decrease the size of the equity fund or when it is formed in
Themonth after to the changes.
Claims of creditors, of the requirement of to the in
six months after
A decrease in the size of the trust fund must be satisfied.
12. A person joining a cooperative after the state
registration, pays a mandatory donation in order and in
time, set by the charter of the cooperative. In
cases, of the articles of the statute, the cooperative can select again
acceding members to pay for the required donation
(in ed. The Federal Law of March 18 1999 N 34-FZ-
Russian Law Assembly Federation, 1999, N 8, st.
973.
Article 36. Cooperatives Profit and Loss Allocation
1. Profit of the cooperative, defined by the accounting
(financial) reporting and remaining after taxes, fees, and
mandatory payments, are distributed as follows (in .
Federal Law of 3 November 2006 N 183-FZ -Collection
Russian Federation Federation, 2006, N 45, st. 4635;
Federal Law of Nov. 4 N 344-FZ-Collection
Laws of the Russian Federation, 2014, N 45, art. 6154:
1) to pay overdue debts;
2) to the contingency fund and the cooperative's statutes otherwise
indivisible funds;
3) (Subparagraph 3 has ceased to be valid under Federal Law
dated November 3, 2006 N 183FZ-Legislative Assembly of the Russian Federation
Federations, 2006, N 45, 4635)
4 for payment of additional contributions due
members and of the affiliate contribution
dividend and bonus members
common amount should not exceed 30 percent of the profit
cooperative, to be distributed. Federal Law
dated November 3, 2006 N 183FZ-Legislative Assembly of the Russian Federation
Federations, 2006, N 45, 4635);
5) for cooperative payments.
2. Cooperative Members Members Production
cooperative is allocated proportionally to labor in
cooperative for a year, among consumer members of the cooperative
proportional
activity Acooperative.
3. Online payments are used in the following order:
1) 70
is going to supplement the cooperative member of the cooperative;
2) the remainder of the cooperative payment is paid to
Acooperative.
4. Funds credited to the pappals are used for:
1) create and production and other funds
cooperative, with the exception of the indivisible foundation of the cooperative (in .
Federal Law of Nov. 3 2006 N 183-FZ Meeting
Laws of the Russian Federation, 2006, N 45, article 4635);
2) repaying pans. Tempting of sticks
takes no earlier than three years
in condition
formation of the funds, of the Charter
Acooperative. This first repays of pas-pas,
formed in the earliest relation to
repayments. It is not allowed to pay the pened sticks, if the size
cooperative's
fund exceeds assets
cooperative or the size of the cooperative's net assets per year of repaying
padded payev has become lower than the previous year. General
amount of cooperative payments to redemption
pam, must not exceed the sum, defined by a shared solution
Board and Supervisory Board of the Cooperative (ed.) Federal
Act of November 3, 2006 N 183-FZ - Legislation
Russian Federation, 2006, N 45, 100 4635).
5. Profits Co-operatives defined by accounting
(financial) reporting, distributed among members
consumer of the cooperative in with the proportion of their participation in
business activity of consumer cooperative, between
members of the production of the cooperative according to
pay for members of the production cooperative (in .
Federal Law of Nov. 4 N 344-FZ-Collection
Laws of the Russian Federation, 2014, 6154).
6. In a production cooperative, the losses are covered in the first
queue for Reserve of the fund, 2nd
Reduce the size of the pappy or for additionalaccount
making of contributions.
7. In the consumer cooperative, the losses are covered in order,
-Article 37, paragraph 3, of this Federal Act.8. Order of distribution of profit and loss of cooperative
be approved at general meeting of cooperative members for three
months after the end of the fiscal year.
(Article 36 Ed. Federal Act of 11 June 2003 N
73-FZ-Legislative Assembly of the Russian Federation, 2003, N 24,
2248)
Article 37. The property of the cooperative and its
members
(name in red. Federal Act of 18 February 1999
N 34-FZ-Russian Federation Law Assembly, 1999, N
8, st. 973)
1. The Cooperative answers to all
{ \cs6\f1\cf6\lang1024}Property{ \cs6\f1\cf6\lang1024
}and Not Responding to Member Obligations
cooperative, for exceptions
Federal law.
2. The production of the cooperative
Cooperative Commitments in
Co-operative Charter but not less than 5
percentage of its share. Federal Act of 18 February 1999
g. N 34-FZ-Assembly of Russian legislation, 1999,
N 8, st. 973; of the Federal Act of 11 June 2003; N 73-FZ
The legislation of the Russian Federation, 2003, N 24, st.
2248).
3. The members of the consumer cooperative are bound by three
months after (financial)
reporting damages from of the fund's backup
cooperative or by making additional contributions. For
failure to fulfill this cooperative responsibility can be broken in
judicial order of creditors. Consumer Members
cooperative carries the default responsibility
obligations within the uncontributed portion of the additional contribution
of each of the members of the cooperative (in Ed. Federal
4November 2014 N 344-FZ -Collection of Russian legislation
Federation, 2014, N 45, article 6154).
4. The person in the cooperative,
liability on topics that occurred before
membership of this cooperative, if is provided
Charter of the Cooperative, and subject to confirmation in writing
given face, that it is familiar with the Cooperative's obligations
available at the time the person enters the cooperative.
5. Loss of the cooperative, caused by a member
cooperative, recovered by reducing the size of this member's share
or otherwise, installed by (in . Federal
Law of February 18, 1999 N 34-FZ-Law Assembly
Russian Federation, 1999, N 8, Art. (973).
6. Recourse to recovery on the member's own debts
or an associated member of
is allowedonly if there is a shortage of other property to cover such debts
in order and in times, of which Federal
Theand constitution of the cooperative. Call the member's members
cooperative or associate member cannot be
indivisible and lots (in .
Federal Act of 18 February 1999 N 34-FZ
ToRussian Federation Federation, 1999, N 8, st. 973;
Federal Law From June 11 2003 N 73-FZ - To
Federation Federation, 2003, N 24, st. 2248;
Federal Law of June 26 2007 N 118-PHC -Collection
Laws of the Russian Federation, 2007, 3213).
7. The Co-operative
money , sufficient to settle debts, can
be Property,
assets, assigned to undivided funds in the established order,
work horses and livestock, productive and tribal cattle and birds,
animals, of and fodder
agricultural machinery and vehicles (except
cars), seeds and of the fodder
Federal Act of 3 2006 N 183-FZ- -Collection
Laws of the Russian Federation, 2006, N 45, article 4635).
The paragraph of the rule in
cooperative property relationship, cannot be reversed
recovery, of the property of
Cooperative Commitments, if
(Paragraph introduced by Federal Act of 11 June 2003 g. N 73-FZ
The legislation of the Russian Federation, 2003, N 24, st.
2248):
The contract for of the cooperative's property was based on
resolution of general assembly members, of at least
by two thirds of the total number of members of the cooperative and the charter
cooperative provides a default member responsibility
cooperative in the size of is at least 20 percent of their share (paragraph
was introduced by the Federal Act of June 11, 2003. N 73-FZ
Laws of the Russian Federation, 2003, N 24, 2248);
the property of the cooperative in for collateral
credits, by which is a federal budget or subject budget
Russian Federation for Agricultural Producers
provided for reimbursement for percent, , and other costs
soft loans subsidized by
federal budget or budget of the Subjects
Federation (Paragraph introduced by Federal Law dated June 11, 2003 g. N
73-FZ-Legislative Assembly of the Russian Federation, 2003, N 24,
2248).
(Item 7 ) Federal Act of 18 February 1999 N
34-FZ-Russian Federation Law Assembly, 1999, N 8,
973)
Chapter VII: The foundation of the cooperative's activities
Article 38. Cooperatives
(name in red. Federal Act of 11 June 2003 N
73-FZ-Legislative Assembly of the Russian Federation, 2003, N 24,
2248)
1. The cooperative and its members can the need to enclose
contracts, binding members of the cooperative within a certain
period, not > 10 years, to sell exclusively
cooperative or all of
agricultural products or part of it.
2. a clause can
responsibility for default or improper execution
obligations by contract.
3. Cooperative transactions (including leasing transactions)
land sections and main of the cooperative, on mortgages
the cooperative's property), the cost of percent of common
Cooperative's Value of Land Value
minussites and basic cooperatives are up to 10%,
are made by a cooperative rule, 10 to 20 percent
-on a cooperative management solution of and observatory
council of the cooperative, more than 20% by decision of the general assembly
members of the cooperative.
The alienation of and acquisition of land
sites and basic facilities are committed in matches
with article 20, paragraph 3, of this Federal Law.
(Paragraph 3 was introduced by Federal Act of June 11, 2003. N 73-FZ
-Russian Law Assembly, 2003, N 24, st.
2248; to red. Federal Act of 3 November 2006 N 183-FZ
The legislation of the Russian Federation, 2006, N 45, st.
4635).
4. The Cooperative, the second in which the is party
the co-operative or executive of the Cooperative,
board members or cooperative supervisory board
their spouses and immediate relatives or owners sleep,
which is of the Foundation
cooperative, is considered a deal in which conflict
interests. The transaction is recognized as a deal, in which
than 10% of cooperative members or no less than %
associated members of on their written statements
form see property interest given
duplicate with legal property for the cooperative
(para. 4 by Federal Act of June 11, 2003) N 73-FZ
The legislation of the Russian Federation, 2003, N 24, st.
2248).
5. Faces, given in 4 of this Article, are required
bring to general collection
audit union of which is a given cooperative,
information about (to the red. of the Federal Act of 3 November 2006 N
183-FZ -Collection of Russian legislation, 2006, N
45, art. 4635):
legal persons, 10 and more % of voting shares
(shares, of shares) of which they own separately or together
The Affiliated Person or their Affiliated Persons
legal persons, to control
both include and peasant (farm) holdings, members or chapters
which they are;
committed or suspected transactions, of which they know
and where they can be stakeholders.
(Paragraph 5 was introduced by Federal Act of June 11, 2003. N 73-FZ
-Russian Law Assembly, 2003, N 24, st.
2248)
6. o o o of the of which
conflict conflict
board
meeting
cooperative unanimously and are approved by the meeting
cooperative with a majority of at least two thirds of the votes (para. 6
entered into the Federal Act of June 11, 2003. N 73-FZ-Assembly
Laws of the Russian Federation, 2003, N 24, 100 2248).
7. A deal, in which has a conflict of interest, can
to be committed if installed by the cooperative
order of to determine the property value of property,
subject to such a deal, and subject to the general meeting
members of an audit-union cooperative, of which
is a cooperative, about compliance to the deal
Cooperative interests, members of the cooperative and associate members
Cooperatives (item 7 introduced by Federal Act of 11 June 2003 g.
N 73-FZ-Russian Federation Law Assembly, 2003, N
24, st. 2248; to the red. Federal Act of 3 November 2006 N
183-FZ -Collection of Russian legislation, 2006, N
45, article 4635).
8. The Cooperative's Violation
requirements to may be
recognized invalid on the cooperative's claim is either its member or
Anassociate member.
Time for the claim of the deal
cooperative invalidated in the case of skipping reconstruction
is not subject to.
The court rejects requests for recognition of the transaction,
perfect with violation of
requirements for it, invalid if one of the followingis present
circumstances:
has not been proven, that the transaction has caused or
Causing of causing loss to the member
cooperative, associate member of the cooperative,
such suit, or Other adverse effects
for them
evidence
subsequent approval of this rule,
true Federal Law;
When a case is being considered,
did not know and should not know it was committed with
breach of requirements of this Federal Act
.
(Paragraph 8 was introduced by Federal Law from July 2009 }
205-FZ -Russian Law Assembly, 2009, N
29, Art. 3642)
Article 39. Records management and reporting.
Document co-op
(name in red. Federal Act of 19 July 2009 N
205-FZ-Legislative Assembly of the Russian Federation Federation, 2009, N
29, st. 3642; of the Federal Act of 4 November 2014. N 344-FZ-
Russian Legislation Assembly, 2014, N 45,
6154)
1. Cooperativ is required to maintain accounting,
Accounting (Financial) Reporting matches
legislation of the Russian Federation, correct protocol (s)
general meeting of cooperative members, Co-operative board meetings
and meetings of the Board of the cooperative
members Thecooperative and associate members of the cooperative, membership books.
Member of Cooperative or cooperative member right
see with and (financial)
reporting of the order in the order, of a certain observation
Thecouncil of the cooperative (to the red). Federal Act of 3 November 2006
N 183-FZ-Russian Federation Law Assembly, 2006, N
45, st. 4635; of the Federal Act of 4 November 2014. N 344-FZ-
The legislation of the Russian Federation, 2014, N 45, st.
6154).
2. Annual and annual report (financial)
reporting to a cooperative is subject to approval by the general meeting
Thecooperative after the audit (in .
Federal Law from 4 November N 344-FZ- -Collection
Laws of the Russian Federation, 2014, 6154).
3. (Paragraph 3 is no more effective under the Federal Act of 4.
November 2014 N 344-FZ -Collection of Russian legislation
Federation, 2014, N 45, art. 6154)
4. The Cooperative is under the law of the Russian Federation
Federation for the Reliability of Information Containing
in annual report and accounting (financial) reporting,
for authenticity of information, submitted to public authorities
members of cooperative and published in official press (in
Federal Act of 4 November 2014. N 344- Collection
Laws of the Russian Federation, 2014, 6154).
5. The cooperative must store the following documents:
1) Co-op Charter, and registered
fixed order changes to it
2) Document, State Registration
;
3) Members members members
cooperative or statement from this registry;
4) Documents, confirma of the cooperative's property,
on its balance;
5) Internal Cooperative Documents (s);
6) provisions for the branch and representation of the cooperative;
7) Protocols general members
Co-operative's Co-operative Board
ballot papers;
8) of the Union's audit public,
municipal fiscal controls;
9) other documents provided by federal laws
Other by the normative legal acts of the Russian Federation, statute
cooperative, internal (s) of the cooperative,
general meeting of the cooperative members, board decisions
Thecooperative and the decisions of the Supervisory Board of the Cooperative.
(Item 5 was introduced by the Federal Act of 3 November 2006. N
183-FZ-Legislative Assembly of the Russian Federation Federation, 2006, N
45, art. 4635)
6. The body stores documents,
5real articles, of his/her seat or otherwise
location, known and available to members of the cooperative and associated
members of the cooperative (item 6 introduced by Federal Act of 3 November
2006 N 183-FZ-Legislative Assembly of the Russian Federation,
2006, N 45, article 4635).
7. The production of the cooperative is required to provide
members and associated members access to available judicial
on argument, creating production
cooperative, control or including
to determine whether an arbitral tribunal has been initiated in the case and
acceptance of the claim or declaration, about the reason change
or subject of previously claimed lawsuit ( 7 Federal
of 19 July 2009 N 205-FZ-Legislation Collection
Russian Federation, 2009, N 29, article 3642).
8. The production of the requirement of its members and
associated members must provide access to documents
5 and 7 of this article. For Seven
days from of the member request
production of the cooperative or member
production cooperative The documents must be
provided production by the cooperative for
premises of a production cooperative. Production
cooperative requirement of the production cooperative member or
associated of the member of the cooperative is required
provide copies of copies of documents. Board, charged
production cooperative for granting copies, not
greater than manufacturing ( 8 )
Federal Law of July 2009 N 205-FZ
Laws of the Russian Federation, 2009, N 29, article 3642).
Article 40. Work in cooperatives
1. For , of the activities of cooperatives have the right
hire labor. Consumers ' cooperatives are entitled to hires
employees and their members.
2. Labour relations of employees in are regulated
Labor of the Russian Federation, laws and other
OF THE PRESIDENT OF THE RUSSIAN FEDERATION3. The output of the cooperative is regulated
true federal law, other federal laws, other
Regulatory Legal of the Russian Federation, Laws, and
Other normative legal acts of the constituent entities of the Russian Federation
Statutes of cooperatives.
4. Members
Production of the cooperative is read into the general and continuous
length of service based on records in labor books,
production operator is required for every member
cooperative, as well as per cooperative worker for whom
work in this cooperative is the main body. Not allowed
Fixing Conditions that degrade the position of employees ' of the cooperative
to compared with the labor laws
Russian Federation (minimum )
vacation time and others) (to the red. Federal Act of
June 11, 2003 N 73-FZ - The Russian Law
Federation, 2003, N 24, st. 2248; Federal Act of 3 November
2006 N 183-FZ-Legislative Assembly of the Russian Federation,
2006, N 45, article 4635).
5. Cooperatives contributes to the Social Insurance Fund of the Russian Federation
Federation, Pension Russian Federation and funds
Mandatory insurer insurer
his or her income in accordance with the law of the Russian Federation
Federations (to the red. Federal Act of 10 January 2003 N 8-FZ-
Legislation of the Russian Federation, 2003, N 2, st.
160).
6. The members of the production of the cooperative and their heirs have
matches with in their specialization. For
unable to provide
cooperative can be granted
employment outside this cooperative without loss of membership.
7. The production cooperative determines
form, , and order of payment for the work of the members of the cooperative. Payment
work can be done as money, and in kind.
The Cooperative
specified in labor participation
income of the cooperative. In addition to the labor
cooperative receives cooperative payments in order and time
which are provided by by the cooperative's (in red. Federal
of 3 November 2006 N 183-FZ-Legislation Collection
Russian Federation, 2006, N 45, 100 4635).
8. Chairman Co-operative, members of the Co-operative Board, and
members of the Supervisory Board can
disciplinary only by general meeting of members
Acooperative (para. 8 introduced by Federal Act of 11 June 2003 d.
N 73-FZ-Russian Federation Law Assembly, 2003, N
24, article 2248).
9. Member of the board of the production cooperative's
can be exempt from the
consent only by decision of the general meeting of the members of the cooperative (item
9 has been introduced by Federal Law of June 11, 2003. N 73-FZ-Assembly
Laws of the Russian Federation, 2003, N 24, 100 2248).
Article 40-1: Characteristics of credit cooperatives
1. The credit cooperative must have a financial fund
Mutual Assistance, which is the source of loans granted to members
Credit cooperative.
2. The financial mutual assistance fund is formed for the part account
own funds of credit co-op and tools, attracted
in the credit of in the form of members
credit cooperative, associated members
Cooperatives, Credit and Other Organizations, and Account
funds, raised in the cooperative
Thebudget of the Russian Federation. Loans
is only in money form. fund of the fund
mutual assistance, how it is formed and used are defined
Charter of Credit Cooperatives, MembersMembers
Credit of the Cooperative (in . Federal Act of 20 April
2015 N 99-FZ-Assembly of Russian Legislation
2015, N 17, st. 2474).
3. Temporary fund balance of the financial assistance fund
decision of the meeting of the credit can
on
FIMFmutual assistance of the credit
orCredit by the cooperative for syndication
state and municipal securities or to be passed to
storage in banks.
4. Submitting members of a credit cooperative and
members of the credit of this this cooperative
Party contributions, and extradito members of the cooperative
is issued in a written form (written in written form).
Federal Act of 3 2006 N 183-FZ- -Collection
Laws of the Russian Federation, 2006, N 45, article 4635).
5. The loan's contract can be % and interest-free.
Terms of Condition
appropriate provision, approved by the meeting
credit cooperative (to the credit cooperative) Federal Act of 3 November 2006
g. N183-FZ-Assembly of Legislation of the Russian Federation, 2006,
N 45, 100 4635).
6. Credit cooperative in with and
general
provide members of members and members of
cooperative and other related goals
service activity.
7. Credit Coop Not Right:
issue loans to citizens or legal entities,
members of a credit cooperative;
emulate your own security;
buy shares and other other other issuers,
perform other operations on financial and stock markets,
exception of and of deposit accounts
banks and purchases of state and municipal securities;
raise funds in the form of loans from citizens or legal entities
non-co-operatives or associate members
cooperative, for exceptions
Federal (Paragraph introduced by Federal Act of November 3
2006 N 183-FZ-Legislative Assembly of the Russian Federation,
2006, N 45, article 4635; in red. Federal Act of 20 April 2015
g. N 99-FZ-Assembly of Laws of the Russian Federation, 2015,
N17, st. 2474).
8. The size of interest paid by the credit cooperative
use of funds, attracted in the form of loans, received from
its members and members members, is defined by board
Credit of the cooperative with credit
cooperative loans, shared
credit of the cooperative. Amount of the credit
cooperative to its members and associate members as percent
for the loans they receive, is included in the amount of the loan expenses
Acooperative.
9. Credit Cooperative Credit:
form a backup for for
expenses; insure risk of non-return of death or loss Inability of the borrower.
10. Charter of the Cooperative Credit Co-operative,
11 of the Federal of the Law, must
details:
conditions and order of credit cooperative lending
members;
conditions and order of the credit cooperative from
its members and associate members.
11. The Charter of the credit or shared
Meetings of Credit of the Cooperative set standards
its financial activities and their relationship limits:
The size of the trust fund and the size of the contingency fund;
equity of the credit credit
balance;
commitments;
Maximum size of the loan, to be issued to one borrower, , and
credit cooperative assets;
of the free fund balance of the fund
mutual assistance, which cannot be more than %
funds from this fund.
11-1. The numeric value of for the financial
provided for in paragraph 11 of paragraph 11 of this article and order
Calculme of the financial standards required by paragraph 11 of this
Articles, are set by the Bank of Russia. For credit cooperatives,
lifetime is less than two years from
Create, The Bank of Russia has the right to set
calculation of paragraph 7 of 11 financial and its numeric value (para 11-1 Federal Law from 20 April 2015 N 99-FZ -Collection Russian legislation Federation, 2015, N 17, st. 2474, takes effect from June 1, 2018. 12. The credit of the cooperative is responsible for
before members of
associated credit cooperative members
order, provided for by the Federal by law,
Other federal laws and the charter of the credit cooperative.
13. Regulation of credit cooperatives, unions
(Associations) and Other Cooperative Societies
is implemented by the Bank of Russia. Federal Act of 23 July
2013 N 251-FZ-Assembly of Russian legislation,
2013, N 30, article 4084).
14. The number of members of of the credit of the cooperative cannot be less
than 15 citizens and (or) five legal persons. Members of Credit
cooperative may not be public unitary enterprises and
municipal unitary enterprises, and joint-stock companies
shares of which are in state ownership (item 14
was introduced by the Federal Act of November 3, 2006. N 183-FZ Meeting
Laws of the Russian Federation, 2006, N 45, article 4635).
15. Credit Cooperative Right to Implement
activity to provide consumer loans to its members in order, by the Federal O Consumer
loan (item 15 introduced by Federal Act of 21 December
2013 ( n 363-FZ-Assembly of Russian legislation,
2013, N 51, article 6683).
(Article 40-1 was introduced by Federal Law from 11.06.2003 d. N
73-FZ-Legislative Assembly of the Russian Federation, 2003, N 24,
2248)
Article 40-2. Regulation of activities, control and
supervision of credit cooperatives
1. With regard to credit cooperatives, the Bank of Russia:
1) publishes s
regulatory activities of credit cooperatives; 2) leads the credit registry to
body of information from authorized of the federal authority
executive public
registering legal faces in with order,
installed by the Bank of Russia;
3) supervises the execution of credit cooperatives
requirements set by this Federal by others
Federal laws and regulations of the Bank of Russia;
4) requests the credit of the foundation
documents, internal documents and other documents, related
Credit by the Co-operative
necessary control of credit
cooperative requirements, of Federal
Law, other federal laws and regulations of the Bank
Russia;
5) prompts information about financial-economic
public
Activitystatistics, of the federal executive authority
and { \b
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}
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} and
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}
other authorities, auditsof unions
agricultural and self-regulating
organizations, self-regulating organizations
Consumer Cooperatives;
6) requests the public registry of legal
credit cooperative information;
7) has no more than once in two years of planned checks
credit
Federal Law, Other Federal Laws, Other Normative
legal acts of the Russian Federation, Bank of Russia regulations
in the order set by the Bank of Russia
8 performs out-of-plan credit
s s
{ \cs6\f1\cf6\lang1024
}
unionagricultural and self-regulating
organizations, self-regulating organizations credit cooperatives,
other legal entities, as well as individuals, federal authorities
state authority, authorities
Russian Federation Local Home
law enforcement credit violation by a cooperative
true Federal Law, other federal laws, other
Russian Federation Regulatory Acts, Normative Acts
Bank of Russia in the order set by the Bank of Russia
9) gives a credit to the order, installed
normative Acts of Russia, Mandatory for
orders for elimination of detected violations;
10) has the right to deny to the order in
set by normative by the Bank of Russia,
Attracting Loans from on the Credit of the Cooperative,
associated members of a credit cooperative, creditin
cooperative of new members and loans until violations or
before
directions for restraining order:
repeated in a violation of financial
{ \cs6\f1\cf6\lang1024}{ \cs6\f1\cf6\lang1024
}11 (except clause 6)
Article 40-1 of this Federal Law;
repeatedly in one year requests
Article 6, Article 7 ( 3)
Articles 7-2 and 7-3 of the Federal Law from August 7, 2001
N115-FZ " About Countering Money Laundering
acquired by criminal means, and financing of terrorism " (or)
repeated in one Requirements
Bank of Russia regulations issued as specified
Federal Law;
one of the current
violationregulation required by 6 11 40-1
true Federal Law;
one-time of one yearin
to check credit cooperative activity;
11 has the right
credit cooperative in case:
repeated failure in for one year
cooperative
fixed term by the Bank of Russia;
a single non-performance in one year
Russia Credit
cooperative
cooperative to borrow from members
cooperative, associated credit cooperative members in
credit cooperative new members and reissuing before
violations or cessation of circumstances that have served
to send a restraining order;
repeated a Violation of the line of the credit
cooperative of the current Federal Federal Law, Other
laws, other regulations of the Russian Federation
Bank of Russia regulations;
a single violation in one year credit
cooperative requirements,
3true Federal Law.
2. Credit to the right of to appeal the action
(inaction) of the Bank of Russia in court.
3. Credit cooperative quarterly or through
union of credit cooperatives, self-regulated organizations
credit cooperatives are required to submit documents to the Bank of Russia,
reports on their activity and accounting (financial)
reporting. Credit cooperative annually or through
union of credit cooperatives, self-regulated organizations
credit cooperatives are required to submit documents to the Bank of Russia,
reports on the personal composition of their governing bodies,
,
submit this report no later than 15
days after these changes. Forms, timescales, and order of and
Credit
are set by the Bank of Russia.
(Article 40-2 was introduced by Federal Law of April 20, 2015 g.
N 99-FZ-Russian Federation Law Assembly, 2015,
17, Art. 2474, 2nd paragraphs and fourth of paragraph 10
effective June 1, 2018)
Chapter VIII: Reorganization and liquidation of a cooperative
Article 41. Reorganization of the cooperative
1. Reorganizing cooperative (Merge, Attach,
separation, allocation, conversion to be implemented by solution
general meeting members in with civilian
legislation. The Cooperative is required to send to
writing form members of the cooperative and members
cooperative in order and in times that are set to true
Federal Law and Charter Co-operative, reconvening
Members
common
included about the organization of the cooperative. specified
notice included:
1) Justification for the reorganization of the cooperative;
2) Project general
reorganizing a cooperative with the following data:
organizational-legal form, name and location
organization or organizations created in
reorganizing;
The nature and order of members
members of members of the cooperative in an organization or
organizations that are created as a result of reorganizing;
categories, nominal cost and number of shares,
organization or organizations
result of reorganization, their rights;
The union audit of which is
cooperative, for the and general solution project
meeting of the cooperative about reorganizing in the part
concordat reorganizing the cooperative of the legitimate interests of members
cooperative, members and creditors
Acooperative.
(Item 1. of the Federal Act of 3 November 2006 N
183-FZ -Collection of Russian legislation, 2006, N
45, art. 4635)
2. In cases established by law, reorganization of the cooperative
in the form of its separation or allocation of from in one or
several legal persons are tried by a court of law.
Federal Law From June 11 2003 N 73-FZ - To
Laws of the Russian Federation, 2003, N 24, 100 2248).
3. of the organization's reorg
changes to its charter.
4. of the authority
to successors according to the transfer act and
dividing balance in which
succession to all obligations of the reorganized cooperative in
relation to all its creditors and debtors, including obligations,
contested parties, and subject to article 10 of the present
Federal law.
5. The transfer and the dividing balance are approved by the general
members and appear together
constituent documents for state registration.
6. If the separator balance does not give the ability to determine
successor Reorganized cooperative, again
legal faces and (farm) households
Shared responsibility on rearranged
Thecooperative in front of its creditors.
7. Members of the Reorganized Cooperative become members again
forming cooperatives (in the form of cooperatives) Federal Act of 11 June 2003
g. N 73-FZ-Legislative Assembly of the Russian Federation, 2003,
N24, st. 2248).
8. The production of the cooperative can be converted to
economic partnership or economic society. Solution
production production
partnership or economic society is entitled if:
1) this common meeting
Production cooperative unanimously and members of production
cooperative and associate members of the production cooperative,
eligible voices and participating in
meeting, gave the form permission
conversion;
2 in the general meeting of thecooperative
has delegate of the alliance of which
is the production of the cooperative. On this
representative is required to read his conclusion
conversion of of this production cooperative and implemented
monitoring compliance with the general meeting
members of a production cooperative to convert it.
(Item 8 in. of the Federal Act of 3 November 2006 N
183-FZ -Collection of Russian legislation, 2006, N
45, art. 4635)
8-1. and Cooperative Production Members
members of the production of the cooperative,
output conversion of the cooperative, to the right withdraw from the production cooperative and request in period of three months ' period of time or delivery of the respective shares Property (item 8-1 introduced by Federal Act of 3 November 2006)
N 183-FZ-Russian Federation Law Assembly, 2006, N
45, article 4635).
8-2. Lender of the production of the cooperative
right to demand or premature
liabilities, of which is the debtor
production cooperative and damages (item 8-2) Federal Law Nov. 3 2006 N 183-FZ Meeting Laws of the Russian Federation, 2006, N 45, article 4635). 9. The cooperative is thought to be reorganized, for the exception
reorg in Accession, since State registration of newly created legal entities (ed.) Federal Law From June 11 2003 N 73-FZ - To
Laws of the Russian Federation, 2003, N 24, 100 2248).
Article 42. Elimination of cooperative
1. Elimination of the cooperative leads to the end of the cooperative
activities without transition of cooperative rights and responsibilities in the order of
succession to other persons.
2. The Cooperative can be eliminated:
1 links
expiration on which the cooperative is created, with the target,
Thefor which it was created. Federal Act of 21 March 2002
g. N 31-FZ-Assembly of Russian Federation Legislation, 2002,
N 12, art. 1093);
2) by a court decision in the case of brute force
violations of the law, if these violations are fatal,
or activities without permission
(licenses), or activity, prohibited by law,
activity with repeated or <>
true Federal Law, other laws or legal acts (in
Federal Act of 21 March 2002 N 31-FZ - Meeting
Russian legislation, 2002, N 12, article 1093);
3 in the court's bankruptcy court or
case to declare its bankruptcy in order, installed
law;
4) in other cases provided by
The law and other federal laws Federal Law
of June 11, 2003 N 73-FZ-Legislative Assembly of Russian
Federation, 2003, N 24, st. 2248).
3. The Elimination of o
referred to in paragraph 2 of this article may be brought to court
state body or of local self-government
which has this
requirements.
4. Grounds for recognition by the court of a bankrupt
for declaration of about its bankruptcy, and order
Elimination of this cooperative
insolvency (bankruptcy) of agricultural organizations.
5. ed by
signs of insolvency of (bankruptcy) of the cooperative board
cooperative is required:
forward the request for an audit of financial and economic
activity of the audit audit alliance of which
is a cooperative. Federal Act of 3 November 2006
N 183-FZ-Russian Federation Law Assembly, 2006, N
45, article 4635);
audit of the financial audit results
activity of the cooperative. Federal Act of 3 November
2006 N 183-FZ-Legislative Assembly of the Russian Federation,
2006, N 45, art. 4635);
develop warnings
insolvency (bankruptcy) of the cooperative.
(Paragraph 5 was introduced by Federal Act of June 11, 2003. N 73-FZ
-Russian Law Assembly, 2003, N 24, st.
2248)
6. In case of acceptance by the cooperative's board, and
board of cooperative's decision to resort to arbitration court with debtor's declaration of bankruptcy of bankrupt or in a call by a competitive creditor or an authorized body in arbitration court with declaration bankrupt
observation cooperative board or cooperative board required convene a general meeting of the members of a cooperative that is required: to acquaint members of the cooperative with votes
associate members with an audit opinion
about financial-economic audit
the cooperative and the causes that led the cooperative to bankruptcy
(Ind. Federal Act of 3 November 2006 N 183-FZ-Assembly
Laws of the Russian Federation, 2006, N 45, article 4635);
choose a member
bankruptcy procedure;
accept the action plan to protect the legitimate interests of members
cooperative, members
Acooperative.
(Paragraph 6 was introduced by Federal Act of June 11, 2003. N 73-FZ
-Russian Law Assembly, 2003, N 24, st.
2248)
Article 43. Order of the liquidation of the cooperative
1. Co-op's executive board on behalf of the general meeting of members
cooperative or body that decided to eliminate the cooperative,
must immediately in written form
federal executive authority
State registration legal
incorporation into a single public registry of legal entities
Volume, that the co-operative is in the process of being eliminated.
Federal Law of Nov. 3 2006 N 183-FZ Meeting
Laws of the Russian Federation, 2006, N 45, article 4635).
2. The Cooperative Meeting or the Body
decision to dismantle a cooperative, appoint liquidation commission
(liquidator) and set according to the Civil Code
Russian Federation and Federal Order
Theelimination of the of the cooperative. By General
cooperative meeting by a court decision to eliminate the cooperative
for his board may be assigned responsibilities for implementation
liquidation of this cooperative (to the red. Federal Law
March 2002 N 31-FZ - Collection
Federations 2002, N 12, article 1093).
3. The time of appointment of the liquidation commission (liquidator)
it passes to control
Acooperative. Liquidation (liquidator)
Thedissolved cooperative is in court.
4. Liquidation Commission (liquidator) posts in official
print organ in which public information about
is publishedregistering cooperative, about its elimination, order, and
maturity statement of claims by creditors. can may be
less two months of the elimination information
Acooperative.
5. Liquidation (liquidator) takes
Identify Creditors and Receivables and
notifies creditors in writing about the liquidation of the cooperative.
6. Demand creditors
liquidation (liquidator) Intermediate
liquidation balance that contains information
destructible cooperative, list of invoiced
creditors requirements, results
considerations.
7. The interim liquidation is approved by
meeting members or of the body that took the decision Elimination of Coop, in consultation with the Union's (in Federal Act of 21 March 2002 N 31-FZ-Assembly Russian Federation Federation, 2002, N 12, st. 1093; Federal Law From June 11 2003 N 73-FZ - To
Federation Federation, 2003, N 24, st. 2248;
Federal Law of Nov. 3 2006 N 183-FZ Meeting
Laws of the Russian Federation, 2006, N 45, article 4635).
8. After Members
cooperative, not fully-made mandatory contributions,
must pay them in time, defined by the general meeting of members
Acooperative. scrap balance
contributions are fully paid (in .
Federal Act of 18 February 1999 N 34-FZ
ToRussian legislation, 1999, N 8, sect. (973).
9. If the property and means of the cooperative are not sufficient
to satisfy creditors ' claims, members of the cooperative are required
make additional contributions in the charters
Acooperative. Additional contributions
proroproportionally required to pay or in other
Theenvisaged charter of the cooperative. Federal Act of
18 February 1999 N 34-FZ-Law Assembly of the Russian Federation
Federation, 1999, N 8, article (973).
10. Increasing of the contribution of or
increase of the ceiling in the stage
liquidation is not allowed (in the red. Federal Law
of 18 February 1999 N 34-FZ - Legislation
Russian Federation, 1999, N 8, Art. (973).
11. If of the cash cooperative
insufficient for creditors
liquidation board (liquidator) sells property
cooperative in order
execution of court decisions Federal Act of 11 June
2003 N 73-FZ-Legislative Assembly of the Russian Federation,
2003, N 24, 100 2248).
Article 44. End of liquidation of cooperative
1. Payment of sums to creditors of the dissolved cooperative
produced by the liquidation (liquidator) in
, 64 Civil code
Russian Federation, according to Intermediate Liquidation
balance since its approval, except for creditors
Queue 5, to be paid after a month with
day of approval of the interim liquidation balance.
2. After with creditors liquidation
Commission (liquidator) is the liquidation balance,
approved by the general member or by the body
Elimination By Reconcending
audit union, to which the cooperative is part of (in
Federal Act of 21 March 2002 N 31-FZ-Assembly
Russian Federation Federation, 2002, N 12, st. 1093;
Federal Law From June 11 2003 N 73-FZ - To
Federation Federation, 2003, N 24, st. 2248;
Federal Law of Nov. 3 2006 N 183-FZ Meeting
Laws of the Russian Federation, 2006, N 45, article 4635).
3. objects
social infrastructure, members of the co-op's indivisible foundation,
and
Meeting of members of the cooperative to the local government body (in ed.
Federal Law of Nov. 3 2006 N 183-FZ Meeting
Laws of the Russian Federation, 2006, N 45, article 4635).
4. Creditors
The property of the dissolved cooperative is passed to the members of the cooperative
and are distributed by between . this first queue
paid Members members members.
Then Members of the cooperative is paid the cost
additional contributions, contributed in order of the default
responsibility, , and additional contribution .
Remaining Money or Other Other Property
apportioned between members of the dissolved cooperative
proportional to their pay, unless otherwise provided by the statute of the given
cooperative (in Ed. Federal Act of 18 February 1999 N
34-FZ-Russian Federation Law Assembly, 1999, N 8,
973; Federal Act of June 11, 2003 N 73-FZ-Assembly
Laws of the Russian Federation, 2003, N 24, 100 2248).
5. Elimination of cooperative is considered complete,
- abandoned
cooperative in a single public legal entity, organ, the state registration, publishes corresponding information in the official printed body. 6. Documentation and (financial) reporting dissolved cooperative transferred to state Archive, is required for to read
members and associated members
cooperative and its creditors, and also their request
required copies, extracts and help (rev. Federal Act of the Russian Federation
11 June 2003 N 73-FZ-Law Assembly of the Russian Federation
Federation, 2003, N 24, st. 2248; Federal Act of 4 November
2014 N 344-FZ-Assembly of Russian Legislation,
2014, N 45, article 6154).
Chapter IX: Final and transitional provisions
Article 45. Restriction of use in name
legal person " agricultural
cooperative, alliance of agricultural
Cooperatives "," Agricultural Association"
Cooperatives "," audit union
Agricultural Cooperatives
1. Legal has
"agricultural cooperative", " union of agricultural
cooperatives ", " Association of agricultural cooperatives ",
" audit cooperative union as part
your name, if the legal person does not meet the requirements
true Federal Law.
2. The legal person in of its name
'agricultural cooperative', 'agricultural union'
cooperatives ", " association of agricultural cooperatives " or
" audit union
meeting requirements of this Federal Law, for
years from Federal law
must exclude
give its status to match with Federal
law.
(Article 45. Federal Act of 3 November 2006 N
183-FZ -Collection of Russian legislation, 2006, N
45, art. 4635)
Article 46. Publication of cooperatives ' messages
Messages about production and consumer cooperatives and
about their unions, Federal
published in collaboration
specified production and consumer cooperatives
Federal Act of 3 2006 N 183-FZ- -Collection
Laws of the Russian Federation, 2006, N 45, article 4635).
Article 47. Entry into force of this Federal Law
This Federal Law
official publication.
Article 48. Transitional Provisions
1. Since the entry into force of this Federal Law,
in Russian Federation Soviet Union
Cooperation in the USSR " (Bulletin of the Supreme Soviet of the USSR, 1988, N 22,
355; Vedomas of the People's People of the USSR and the Supreme
Soviet Union Council, 1989, N 19, Art. 350; 1990, N 26, art. 489; 1991, N 11,
294; N 12, st. 324, 325) in the section of the
agricultural cooperation.
2. The Federal
Consumers of the Federation
Consumer cooperation in the Russian Federation " and other
non-agricultural consumer cooperatives provided for
Article 116, paragraph 6, of the Civil Code of the Russian Federation.3. Propose to the President of the Russian Federation within three months
cast in with Federal
issued legal acts.
4. Government of the Russian Federation:
within three months rematch with
Federal law passed by law;
help transform agricultural organizations
(organization-building organizations, forests,
Spa-resort institutions and others) created from funds
agricultural pipers, agricultural
Consumer Cooperatives in accordance with this Federal
law; to contribute to the creation of the cooperative cooperative
center training and Problems
agricultural cooperation, and of the official
organ.
5. Reorganization of the agricultural organization should not
give financial-economic
Activities of Agricultural Cooperatives Created on Their Base
in taxation, , of the budget
funding.
6. Agricultural and Peasations
(farm) exempt from registration
Legal
status due to their reorganizing and matching with
requirements of this Federal Law.
(Paragraph 6 is deleted, paragraph 7 is considered as paragraph 6 on
Federal Law From June 11 2003 N 73-FZ - To
Russian Federation legislation 2003, N 24, art. 2248)
Moscow, Kremlin
8 December 1995
N 193-FZ
