On Amendments And Additions To The Federal Law "on Agricultural Cooperation"

Original Language Title: О внесении изменений и дополнений в Федеральный закон "О сельскохозяйственной кооперации"

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102058237

RUSSIAN FEDERATION FEDERAL LAW on amendments and additions to the Federal law "on agricultural cooperation" adopted by the State Duma of the year January 15, 1999 (as amended by federal law from 03.11.2006 N 183-FZ), Article 1. To amend the Federal law "on agricultural cooperation" (collection of laws of the Russian Federation, 1995, no. 50, art. 4870; 1997, N 10, art. 1120) the following amendments and supplements: 1. Article 1: in the ninth paragraph the word "(PAI)" should be deleted;
in the tenth and eleventh paragraphs, the words "Pai", "units", replace the words "respectively share contribution" and "shareholding";
in the eleventh paragraph after the words "shareholding" add the words "associate member of the cooperative or";
in the twelfth paragraph the words "shares" were replaced by the words "private contributions"; Add new paragraphs twelfth, thirteenth and fourteenth as follows: "Pai-a part of the property of the cooperative, captures the size of the participation of the Member of the cooperative education cooperative property. Pai consists of the shareholding and cooperative member unit prirashhennogo and counted in monetary terms;
prirashhennyj Pai-part unit, formed at the expense of the cooperative benefits and pogashaemaja cooperative member in the manner prescribed by this federal law;
mutual fund-the amount of the shares of the members of the cooperative in monetary terms; ";
paragraphs twelfth, thirteenth and fourteenth respectively considered paragraphs fifteenth, sixteenth and seventeenth.
2. In the sixth paragraph of article 2, the word "shares"; in subparagraph 3 of paragraph 3 of article 12, the word "shares"; in the third, fourth indent of paragraph 6 of article 15, the words "share", "units"; in paragraphs 2, 3, 4, 6, 7, 8, 12 article 35, the words "share", "units", "Pai"; in subparagraph 3, article 36, paragraph 2, the word "shares"; in article 37, paragraph 2, the word "share"; in paragraphs 8, 9, 10 of article 43, the words "shares", "share", "share"; in article 44, paragraph 4, the words "shares", "shares" were replaced by the words "shareholding" in appropriate cases. (Para. 2 abrogated (amending subparagraph 3 of paragraph 3 of article 12)-Federal Act of 03.11.2006 N 183-FZ)
3. In the last sentence of paragraph 3 of article 3, the words "agricultural Artel (collective farm) or" fishing Artel (collective farm) "were replaced by the words" agricultural Artel "or" farm "or" fishing group "or" the fishing kolkhoz ".
4. In article 5: in paragraph 1, after the words "property interests", add the words "implementation audits member co-operatives Union (Association)";
in paragraph 5, after the word "services" add the words "unless otherwise stipulated by this federal law";
in paragraph 9, the words "Agriculture" or "agricultural association" were replaced by the words "the Union of agricultural cooperatives" or "Association of agricultural cooperatives"; "fishing cooperatives Union-farms" or "Association of fishing cooperatives-farms".
5. in paragraph 4 of article 9, the words "article 47" were replaced by the words "article 46.
6. in paragraph 4 of article 10, the words "the value of these objects is excluded from the value of the property distributed property to collective contributions members (participants) of the Corporation of agricultural organizations and" should be deleted; the word "the" should be replaced by the word "Specified".
7. in paragraph 17 of article 11, paragraph 1, the word "activities" should be replaced by the word "redesign".
8. In article 12: (void-the Federal law from 03.11.2006 N 183-FZ) in paragraph 6, the words "from the moment of State registration of the co-operative" were replaced by the words "from the moment of State registration of such changes and additions."
9. Article 14: the first paragraph of paragraph 3 shall be amended as follows: "production cooperative based on the decision of the general meeting of the members of the cooperative upon termination of a member of a cooperative work in the co-op is entitled to re-register his membership in the associated if:";
in paragraph 4, the words "approved by the Supervisory Board of the cooperative" should be deleted;
subparagraph 2 paragraph 5 paragraph be supplemented as follows: "If the number of associate members-workers cooperative exceed determined in accordance with the law and the Charter of the cooperative, the maximum number of their votes, the composition of the participants of the general meeting of the cooperative-representatives of associate members is set at their meeting.";
in paragraph 6, the words "the cost share contributions by members of the cooperative" were replaced by the words "value of the shares to the members of the cooperative";
paragraph 7 deleted;
in paragraph 8, the words "replacement cost payments contributions" were replaced by the words "payment of dividends";
in paragraph 9, the words "the cost share contributions" were replaced by the words "associate members cost share contributions and dividend";
paragraphs 8 and 9 and 7 points respectively, take 8.
10. In paragraph seventh paragraph 6 of article 15 words "contributions"; in subparagraph 3 of paragraph 1, paragraphs 4, 5 article 16, the words "contributions", "shareholding", "shareholding"; in paragraphs 2, 9 of article 18, the words "shareholding"; in article 35, paragraph 1, the words "mutual contributions"; in paragraphs 5, 6 article 37 words "shareholding", "shareholding" should be replaced by the word "Pai" in appropriate cases. (Para. 10 abrogated (part of amending paragraph 1 of article 35)-Federal Act of 03.11.2006 N 183-FZ) 11. Article 15: in paragraph 1, the words "article 14" were replaced by the words "article 13";

in paragraph 2 the words "if any" should be deleted; After the words "in the production cooperative decision of the Supervisory Board of" add the words "if available";
paragraph 6: the second and eighth paragraphs should be deleted;
the sixth paragraph shall be reworded as follows: "the size of the prirashhennogo unit and date of its charges;".
12. In article 16, paragraph 1, subparagraph 2 deleted; subparagraphs 3, 4, 5, 6 count respectively 2, subparagraphs 3, 4, 5.
13. Article 17 shall be amended with paragraph 8 to read as follows: "8. The excluded Member of the cooperative is entitled to a share in the manner prescribed in article 18 hereof.
14. In article 18, paragraph 3 shall be amended as follows: "3. Prirashhennyj Pai is paid by the withdrawing member of the cooperative in accordance with the same procedure as that provided for members of the cooperative article 36 hereof.";
paragraph 6 shall be amended as follows: "6. the amount of the issued on account of the share of the land plot shall be determined according to the proportion of the land area of the cooperative based on the size of the shareholding of outgoing member of the cooperative and the value of a hectare of land, under which land or land percentage were counted in shareholding. The size of the land plot is issued shall not exceed the size of the land lot or land allocated to cooperative emerging from co-op member when his membership in the co-op. ";
to complement the new paragraph 7 reading as follows: "7. the envisaged by paragraph 3 of article 10 hereof, if land or land share cooperative were transferred to the Treaty as a shareholding with the condition of the return of the plot when exiting members of the cooperative, the land is returned to the procedure and under the conditions defined by the specified contract. Disputes about the return of land in such a case shall be settled by the Court. ";
item 7 as subclause 8 by deleting the words "the Court";
to complement the new paragraph 9 read as follows: "9. in the event that extends a Member wishes to get in through the unit plot whose size is larger than the size of the land, determined in accordance with paragraphs 6 and 7 of this article, the possibility of making such land and the conditions under which it will be passed, are determined by agreement of the outgoing member of the cooperative and cooperative in accordance with its Statute.";
paragraphs 8 and 9 and 10 points, respectively, take 11.
15. Article 19, paragraph 1, after the words "the Board of the cooperative and" add the words "(or), the Chairman of cooperative".
16. paragraph 2 of article 20, paragraph 2, after the word "election" to supplement the word "Chair".
17. In the second paragraph of article 24, paragraph 1, after the words "at a general meeting of members of the cooperative" add the words "personally present."
18. Article 26: in paragraph 2, the word "two" should be replaced by the word "five";
paragraph 7 shall be amended as follows: "7. The Charter of the cooperative may provide for election from among the members of the cooperative, the President of the cooperative, which becomes the Chairman of the Board of the cooperative. If the number of members of the cooperative, the cooperative Charter 25 less than can be provided for the election of a Chair of the cooperative and its Vice-Chairperson (s).
The Chairman of the cooperative acts on behalf of the cooperative without power of Attorney, is a co-op in the organs of State power, local self-government bodies and organizations, disposes of the property of the cooperative, shall conclude treaties and grant power of Attorney, including the right of substitution, opens accounts in banks and other credit organizations, receives and dismisses employees of the cooperative, shall issue binding members of the cooperative and cooperative workers orders and instructions and executes other powers provided for in the Charter of the cooperative.
19. Article 27 should be deleted.
20. in paragraph 5 of article 4, articles 31, 32, 33 and paragraph 6 of article 48 the word "audit" in appropriate cases "should be replaced with the word" audit "in appropriate cases.
21. In article 31, paragraph 1 shall be amended as follows: "1. Audit of cooperatives and unions of cooperatives are carried out audit unions, consisting of these cooperatives and unions of cooperatives. Audit unions created in the manner prescribed by article 5 hereof;
paragraph 2 shall be amended as follows: "2. The audits of cooperatives and unions of cooperatives may be implemented in accordance with the procedure established by a statute, other auditors and auditing firms on behalf of body conducting an initial inquiry, the investigator in the presence of the approval of the Prosecutor, the Prosecutor, the Court and the arbitral tribunal.";
in paragraph 3 the word "cooperatives", "co-op" were replaced by the words "cooperative, Union of cooperatives";
supplement paragraphs 7 and 8 read as follows: "7. Audit Union in accordance with its constituent instruments could coordinate the activities of its member cooperatives and unions of cooperatives, to represent and defend their property interests.
8. name of audit of the Union must contain an indication of the region of its activity and the words "audit Union of agricultural cooperatives".
22. In article 32, paragraph 2, the words "10-thousand" were replaced with the words "100-thousand".
23. paragraph 5 of article 34 to supplement the proposal:

"The decision about education, about the size of indivisible funds and types attributed to indivisible property funds was adopted unanimously by the members of the cooperative unless otherwise provided by the Charter of the cooperative.
24. Article 35: in paragraph 2, the words "and the Charter of the cooperative" should be deleted;
in paragraph 9, the words "with corresponding changes in the Charter of the cooperative and State registration of such changes in accordance with the law" should be replaced by the words "mutual fund Size must not exceed the size of the net assets of the cooperative. In the case of mutual fund size exceeds the size of its cooperative's net assets, the Fund is reduced to a specified cooperative difference through proportionate reduction in mandatory contributions and prirashhennyh shares of the members of the cooperative. ";
paragraph 10 should read: "10. Increasing the size of the unit trust carried out by increasing the size of the mandatory contributions or due to prirashhennyh growth shares.
25. Article 36: in the name of the article and in paragraph 1, after the word "profit", add the words "and losses";
point 2 complement new subparagraph 4 to read as follows: "4) to create other funds as provided by the Charter of the cooperative";
subparagraph 4 consider sub-paragraph 5;
paragraphs 3, 4, 5 worded as follows: "3. Cooperative payment are used in the following order: 1) up to 80 per cent of cooperative payments by decision of the general meeting of the cooperative may be sent to the prirashhennyh shares of the members of the cooperative;
2) balance of payment to members of the cooperative the cooperative shall be paid in the manner prescribed by the Charter of the cooperative.
4. Funds credited in prirashhennye units, are used to: 1) creation and expansion of productive assets of the cooperative;
2) repayment of prirashhennyh shares. Prirashhennyh redemption shares is subject to availability at the co-op provided the necessary funds and the establishment of funds provided for by the Charter of the cooperative. When this foremost repaid prirashhennye units formed in the earliest period in relation to the year of their maturity.
5. losses resulting from the cooperative's balance sheet, are divided among the members of a consumer cooperative in accordance with the percentage of their participation in the economic activities of a consumer cooperative, between members of the production cooperative in accordance with the size of the remuneration of the members of the production cooperative. ";
supplement paragraphs 6 and 7 to read as follows: "6. In the production cooperative losses borne primarily by the contingency fund, secondarily by reducing the size of prirashhennyh shares or by making additional contributions.
7. In a consumer co-op losses are covered in the manner provided for in paragraph 3 of article 37 hereof. ".
26. Article 37: in the name of the article after the word "cooperative" add the words "and its members";
supplement paragraph 7 to read as follows: "7. Recovery of debts to the cooperative if it has sufficient funds to repay the debt, can be drawn to the property belonging to it, except for the property, in the prescribed manner to an indivisible funds, working horses and livestock, productive and breeding of livestock and poultry, agricultural machinery and vehicles (except for cars), seed and forage funds.".
Article 2. The statutes of the agricultural cooperatives, including charters of collective farms, fishing farms, subject to adjustment in accordance with the provisions of this federal law and the Federal law "on agricultural cooperation" by July 1, 2000 year. The statutes of the agricultural cooperatives, including charters of collective farms, fishing kolkhozes, to bring them into conformity with the provisions of the aforementioned federal laws apply in the part not contradicting to those standards.
Agricultural cooperatives, including collective farms, fishing farms without their statutes in conformity with the provisions of this federal law and the Federal law "on agricultural cooperation" within a specified period, subject to the Elimination of judicially on demand, the authority responsible for the State registration of legal persons, the tax authority or the Prosecutor.
Agricultural cooperatives, including collective farms, fishing farms are exempt from paying the registration fee when registering changes in their statutes in connection with their bringing into compliance with this federal law.
Article 3. This federal law shall enter into force on the day of its official publication.
The President of the Russian Federation, b. Yeltsin, Kremlin, Moscow, N February 18, 1999 34-FL