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"

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RUSSIAN FEDERATION FEDERAL LAW On Amendments and Additions to the Federal Law on Agricultural Cooperation Adopted by the State Duma on 15 January 1999 (In the Federal Law of 03.11.2006) N 183-FZ Article 1. To amend the Federal Law "On agricultural cooperation" (Assembly of Laws of the Russian Federation, 1995, N 50, sect. 4870; 1997, N 10, sect. 1120) the following changes and additions: 1. In article 1: , in the ninth paragraph, delete; in the tenth and eleventh paragraphs of the word "pay", replace "pay" and "share contribution", respectively; in paragraph 11 after the words In addition to the words "associated member of the cooperative or"; , in the twelfth paragraph, replace the words "share" with "shares"; add the following new paragraphs to the twelfth, thirteenth and fourteenth paragraphs: " share-part of the property of the cooperative reflecting the size of the member's participation Cooperatives in the formation of the property of the cooperative. Pai is made up of a paev contribution and a pawned member of the cooperative and is taken into account in value terms; pap-part of the pap formed from cooperative payments and payable to the member of the cooperative in order, provided for by this Federal Law; the sum of the members of the cooperative in monetary terms; "; paragraphs 12, 13 and 14, respectively, to read as paragraphs 15 and 16, respectively. Seventeen. 2. In paragraph 6 of article 2, the word "pay"; in article 12, paragraph 3, paragraph 3, the word "pay"; in paragraphs 3 and 4, paragraph 6 of article 15, the words "pay"; in paragraphs 2, 3, 4, 6, 7, 8, 12 of Article 35, the words "pay", "pay", "pay"; in paragraph 2, subparagraph 3, of the article 36 word "pay"; in article 37, paragraph 2, the word "pay"; in paragraphs 8, 9, 10 of article 43, the words "pay", "pai", "pai"; in article 44, paragraph 4, the words "pay", replace the words "pay" in the corresponding paedages.(Paragraph 2 is no more effective). (art. 12, para. 3 (3))-Federal Act from 03.11.2006. N 183-FZ 3. In the last sentence of article 3, paragraph 3, the words "agricultural hartel" (kolkhoz) or "fishing artel" (kolkhoz) shall be replaced by "agricultural artel" or "kolkhoz" or "fishing artel" or "fishing collective". 4. In article 5: , in paragraph 1, after the words "property interests" should be supplemented by the words ", the implementation of the audit of the members of the union (association)"; , in paragraph 5, after the word "services", add the words ", if not otherwise is defined by this Federal Law "; in paragraph 9, the word" agricultural union "or" agricultural association "shall be replaced with the words" the union of agricultural cooperatives "or" association of agricultural cooperatives "; fishing cooperatives "or" the fishing association Cooperative Societies ". 5. In article 9, paragraph 4, the words "article 47" should be replaced by the words "article 46". 6. In article 10, paragraph 4, the words "The value of these facilities is excluded from the value of the property distributed on the property shares of the members (participants) of the agricultural organization being reorganized and" delete; the word "indicated" shall be replaced by the word "specified". "Specified". 7. In article 11, paragraph 1, subparagraph 17, the word "activities" should be replaced by "reorganization". 8. In Article 12: (Spconsumed out-Federal Law of 03.11.2006 N 183-FZ) , in paragraph 6, replace "State registration of the cooperative" with "from the State registration of these changes and additions". 9. In article 14: , paragraph 1, paragraph 3, spell out the following: " A production cooperative on the basis of a decision by the general assembly of members of a cooperative when a member of the cooperative is terminated by a cooperative have the right to register its membership in the case of: "; in paragraph 4 of the phrase" approved by the cooperative's supervisory board ", delete; paragraph 5, subparagraph 2, should be added to the following paragraph: " In the case of if the number of associate members is the number of employees of the cooperative exceeds the maximum number of their votes defined in accordance with the law and the constitution of the cooperative, the members of the general assembly of the members of the general assembly shall be members of associate members at their assembly. "; Paragraph 6 of the words "the value of the payout to the members of the cooperative" should be replaced by "the value of the members of the cooperative"; , paragraph 7, should be deleted; , in paragraph 8, replace the words "the replacement of the value of the payout" with the words " dividends "; , in paragraph 9, replace the word" value of the share " with "Associate members of the value of the payout and the dividends"; paragraphs 8 and 9 shall be considered as paragraphs 7 and 8 respectively. 10. In paragraph 7, paragraph 6, paragraph 6 of article 15, word "contributions"; in article 16, paragraph 4, paragraph 4, article 16, paragraph 4, paragraph 5, of the word "contribution", and in article 18, paragraph 2, of the word "contribution"; in article 35, paragraph 1, the words " Contributions "; in paragraphs 5, 6 of article 37 of the word" contribution ", the word" contribution "shall be replaced by the word" pay " in the appropriate paedages. (Paragraph 10 is no more effective (in part of amending article 35 (1))-Federal Law of 3 November 2006. N 183-FZ) 11. In article 15: , in paragraph 1, replace the words "article 13" with "article 13"; , in paragraph 2, the words "(if any)" should be deleted; after the words "In a production cooperative, the decision of the Supervisory Board" should be supplemented with the words "(at the time of its production)". Availability) "; paragraph 6: paragraphs of the second and eighth paragraph should be deleted; sixth paragraph should read: " the size of the pap and the date of its accrual; ". 12. In article 16, paragraph 1, delete; sub-paragraphs 3, 4, 5, 6, to read as sub-paragraphs 2, 3, 4, 5 respectively. 13. Article 17 is supplemented by paragraph 8, reading: " 8. A member of the cooperative who is excluded is entitled to the right to be obtained by the procedure specified in article 18 of this Federal Law. ".". 14. In article 18, paragraph 3, paragraph 3, amend to read: " 3. The pap is paid to the retiring member of the cooperative in the same manner as Article 36 of this Federal Law provides for the members of the cooperative. "; paragraph 6, amend to read: " 6. The size of the land plot is determined in proportion to the size of the cooperative's land according to the size of the share of the retiring member of the cooperative and the value of the hectare of land according to which the plot of land or land The land share was recorded in a paev contribution. The size of the land plot to be issued shall not exceed the size of the land plot or land transferred to the cooperative by the member of the cooperative when joining the cooperative. "; to supplement the new paragraph 7 with the following: Content: " 7. In accordance with article 10, paragraph 3, of this Federal Act, a land plot or plot of land has been transferred to a cooperative under a contract as a fee for a return of the land upon leaving the members. In the case of a cooperative, the land shall be returned in the order and under the conditions specified by the said contract. Disputes about the return of the land will then be resolved by the court. "; paragraph 7 is considered paragraph 8, deleting the words" or by a court decision "; to add a new paragraph 9 reading: " 9. In case a member of the cooperative wishes to obtain a land larger than the size of the land defined in accordance with paragraphs 6 and 7 of this article, the possibility of allocation of such a plot of land and the conditions under which it will be transferred shall be determined by agreement of the withdrawing member of the cooperative and the cooperative in accordance with its statute. "; paragraphs 8 and 9 shall be considered as paragraphs 10 and 11, respectively. 15. Article 19, paragraph 1, after the words "board of the cooperative and" should be supplemented by the words "(or) the chairman of the cooperative,". 16. In article 20, paragraph 2, subparagraph 2, after the word "elections", add the words "the President,". 17. In the second paragraph of article 24, paragraph 1, after the words "at the general meeting of the members of the cooperative", add the words "personally present,". 18. In article 26: , in paragraph 2, replace the word "two" with the word "five"; paragraph 7 should read: " 7. The cooperative's statute may provide for the election of the cooperative chairman of the cooperative who becomes the chairman of the cooperative's board. If the number of members of the cooperative is less than 25, the charter of the cooperative may only provide for the election of the chairman of the cooperative and his deputy (s). The president of the cooperative acts on behalf of the cooperative without a power of attorney, represents a cooperative in the organs of state power, local authorities and organizations, and manages the property of the cooperative, concludes contracts and issues a power of attorney, including with the right of trust, opens the accounts of the cooperative in banks and other credit organizations, provides for the reception and dismissal of employees of the cooperative, issues mandatory members of the cooperative and employees a cooperative order and order, and it performs other powers, Statutes of the cooperative. ". 19. Article 27 should be deleted. 20. In article 4, paragraph 5, articles 31, 32, 33 and 48, paragraph 6, the word "auditing" in the appropriate puddah should be replaced by the word "audit" in the appropriate paedages. 21. In article 31: , paragraph 1, amend to read: " 1. Audit associations of cooperatives and cooperatives are audited by the unions, which are composed of these cooperatives and cooperatives. Audit unions are created in the manner defined by article 5 of this Federal Law. "; paragraph 2 should read: " 2. Audit of cooperatives and cooperative unions may be performed in accordance with the procedure specified by law, other auditors and audit firms on behalf of the body of inquiry, the investigator, with the authorization of the procurator, the procurator, the court and the arbitral tribunal. a court. "; , in paragraph 3, the words" cooperatives ", replace by the words" cooperative, cooperative union "; to supplement paragraphs 7 and 8 as follows: " 7. The auditor's union, in accordance with its constituent instruments, may coordinate the activities of its member cooperatives and cooperative unions, represent and protect their property interests. 8. The name of the audit union should include an indication of its activities and the words "an auditing union of agricultural cooperatives". "............................ In article 32, paragraph 2, the words "10,000" should be replaced by "100 thousand". 23. Article 34, paragraph 5, should be supplemented by a proposal: "The decision on education, the size of indivisible funds and the types of funds to be divided into undivided funds shall be accepted unanimously by the members of the cooperative unless otherwise provided for by the cooperative's constitution." 24. In article 35: , in paragraph 2, the words "and are provided for by the charter of the cooperative" shall be deleted; , in paragraph 9, the words " with appropriate modifications to the constitution of the cooperative and the State registration of these changes in the established In law, the size of the equity fund should not exceed the size of the cooperative's net assets. In case the size of the cooperative's fund exceeds the size of its net assets, the cooperative's trust fund shall be reduced by the proportional reduction of the mandatory papayes and the members of the cooperative. "; Paragraph 10 should read: " 10. The increase in the size of the equity fund is carried out by increasing the amount of mandatory pauses or by increments of the payev. ".................................. In article 36: , in the name of the article and in paragraph 1, after the word "profits", add the words "and damages"; paragraph 2 add the following new subparagraph 4: " 4) to the establishment of other funds provided for Statutes of the cooperative; "; sub-paragraph (4) read as subparagraph 5; paragraphs 3, 4, 5 as follows: " 3. Co-operative payments are used in the following order: 1) up to 80% of co-operative payments can be used to replenite the cooperative members of the cooperative; 2) Balance Cooperative payments to members of the cooperative are paid in accordance with the procedure established by the charter of the cooperative. 4. The funds credited to the pap are used in: 1) creating and extending the production facilities of the cooperative; 2) repaying the payev. Deprivation of the pits is carried out with the necessary funds in the cooperative and subject to the establishment of appropriate funds provided for in the charter of the cooperative. At the same time, the primed shares formed during the earliest period of repayment are paid in the first place. 5. The loss of the cooperative, defined in the balance sheets, is distributed among the members of the consumer cooperative in accordance with the share of their participation in the economic activity of the consumer cooperative, among members of the production cooperative according to the wages of the members of the production cooperative. "; to supplement paragraphs 6 and 7 with the following: " 6. In a production cooperative, losses are borne primarily by the reserve fund, in the second place by reducing the size of the ploys or by making additional payments. 7. In the consumer co-operative, the losses are covered by the procedure provided for in article 37, paragraph 3, of this Federal Act. " In article 37: , in the name of the article, after the word "cooperative", add the words "and its members"; to read: " 7. The recovery of debts owed by the cooperative, in the absence of sufficient cash to settle debts, may be directed to the property owned by him, with the exception of the property assigned to undivided funds, workers horses and livestock, productive and breeding livestock and poultry, agricultural machinery and vehicles (excluding cars), seeds and forage funds. ". Article 2. Agricultural cooperative statutes the number of charters of kolkhozes, fishermen's collective bodies, to be cast in Compliance with the provisions of this Federal Act and the Federal Act on agricultural cooperation, by 1 July 2000. The statutes of agricultural cooperatives, including the by-laws of kolkhozes, are applied in accordance with the rules of the said federal laws, in accordance with the rules laid down in these laws. Agricultural cooperatives, including kolkhozes, fishing wells, which did not comply with the rules of this Federal Law and the Federal Law " About agricultural cooperation" within a specified period of time, at the request of the state registration authority Relevant legal persons, the tax authority or the prosecutor. Agricultural cooperatives, including kolkhozes, fishing cooperatives, are exempted from payment of registration fees when registering changes in their statutes in connection with their harmonization with this Federal Law. Article 3. This law shall enter into force on the date of its official publication. President of the Russian Federation B. Yeltsin Moscow, Kremlin 18 February 1999 N 34-FZ