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 May 21, 2003 the year approved by the Federation Council May 28, 2003 year (as amended by the federal laws on 03.11.2006 N 183-FZ;
from 19.07.2009 N 205-FZ), Article 1. To amend the Federal law of December 8, 1995 N 193-FZ "on agricultural cooperation" (collection of laws of the Russian Federation, 1995, no. 50, art. 4870; 1997, N 10, art. 1120; 1999, N 8, art. 973; 2002, N 12, art. 1093; 2003, N 2, art. 160, 167) the following amendments and supplements: 1. In article 1: the fourth and fifth paragraphs shall be reworded as follows: "a member of the cooperative is a physical person to a production cooperative or a natural or legal person to a consumer cooperative, satisfying the requirements of this federal law and of the Charter of the cooperative who share contribution within the time specified by the Charter of the cooperative the amount and under the procedure adopted in co-op with voting rights and bearing on the obligations of the cooperative subsidiary liability;
Associate Member-natural person or legal entity provided share contribution for which it receives dividends, bearing the risk of losses associated with the activities of the cooperative within the cost of its shareholding and voting rights in the cooperative subject to the restrictions imposed by this federal law and the Charter of the cooperative ";
the ninth paragraph, after the words "shareholding" add the words "member of the cooperative";
in paragraph 11, the words "associate member of the cooperative or" should be deleted;
twelfth paragraph worded as follows: "Pai-a part of the property of the cooperative, captures the size of the participation of the Member or associate member of the cooperative education cooperative and property considered in terms of value. Pai member cooperative consists of its shareholding and priraŝennogo unit. Pai is an associate member of the cooperative is equal to his contribution that can be paid ";
thirteenth paragraph, after the words "portion" of a share shall be supplemented with the words "a member of the cooperative", the words "member of the cooperative" should be deleted;
fourteenth paragraph, after the words "shares of the members of the co-operative" add the words "and Associates cooperative";
the seventeenth paragraph, after the word "delivery" add the words "the co-op", the words "the services of the cooperative." replace the words "cooperative services";
supplement paragraphs read as follows: "indivisible Fund cooperative-part of the property of the cooperative, formed through contributions of cooperative members and associate members of the cooperative or cooperative exempted during the existence of the cooperative section for units of cooperative members and associate members of the cooperative or payment upon cessation of their membership in the co-op and used for the purposes defined by the Charter of the cooperative;
personal labor participation participation of one member of the cooperative activities of the production cooperative, expressed the number of them worked in co-op days, volume of work performed, or goods produced in a given period.
2. In article 4: in paragraph 10: the word "credit" should be deleted;
(Fourth Paragraph repealed federal law from 03.11.2006 N 183-FZ)
(Paragraph five ineffective federal law from 03.11.2006 N 183-FZ), paragraph 11, after the word "citizens" add the words "unless otherwise provided for in this federal law";
paragraph 14, after the words "agricultural" supplemented with the word "consumer".
3. In article 5, paragraph 1, after the words "cooperatives" checks shall be supplemented with the words "unions (associations) of cooperatives";
paragraph 9 should read: "9. the name of the Union (Association) must contain an indication of the main subject of its activity and the territory in which it operates, with the words" Union of agricultural cooperatives "or" Association of agricultural cooperatives "," Union of fishing kolkhozes "or" Association of fishing kolkhozes ".".
4. In article 10: in the name of the word "Education" should be replaced by the words "Particularly of education";
paragraphs 1, 2 and 3 should be deleted;
paragraph 4 as subclause 1 and the first sentence should read as follows: "1. If as a result of the restructuring of agricultural production cooperative organization, along with other commercial agricultural organizations, peasant (farmers ') holdings are not subject to Division objects of industrial infrastructure (including equipment repair shops, garages, grain dryers and other crops, current, warehouses), which services the members (participants) of the Corporation of agricultural organization.";
paragraphs 5 and 6 and 2 points, respectively, take 3;
item 7 as subclause 4 and the words "none of agricultural organizations and (or) none of the peasant (individual) farms" were replaced by the words "none of the production cooperatives";
paragraph 8 as subclause 5.
5. In article 11: paragraph 1: sub-paragraph 9 the words "contingency fund" should be replaced by the words "other funds cooperative";
subparagraph, the words "and 14" were replaced with the words "order, order, and the minimum size";
supplement paragraph 4 to read as follows: "4. Change in the number of cooperative members or associate members of the cooperative, as well as change the size of the unit trust the cooperative is not a reason for this change in the Charter of the cooperative.".
6. Article 13: paragraph 1 supplemented by the following sentence: "the work in the production cooperative for its members is the basic";
paragraph 2 shall be amended as follows: "2. Members of a consumer cooperative may be legal entities, recognizing the Charter consumer co-operative, involved in its business activities and non-agricultural commodity producers, and (or) citizens leading a personal part-time farm, gardening, gardening, engaged in livestock and members or employees of the agricultural organizations and (or) peasant (individual) farms.
The Charter of a consumer cooperative can be set right and the procedure for admission to membership in the cooperative of citizens or legal persons, non-agricultural commodity producers, but participating in economic activities of the cooperative or cooperative services. The number of such members of the cooperative shall not exceed 20 per cent of the number of members of a consumer cooperative, non-agricultural commodity producers. ";
paragraph 4 after the words "multiple" complement with the word "consumer";
paragraph 5: the second paragraph after the word "members" should be added by the word "production";
third paragraph, after the words "to use the services of" supplement with the word "consumer";
the fifth paragraph after the word "members" should be added by the word "consumer";
paragraph 6 should be deleted.
7. In article 14: to complement the new paragraph 3 as follows: "3. A citizen or legal person willing to join the co-op as associate members, shall submit to the Board of the co-operative application for associate membership in the cooperative. The decision of the Board of the cooperative, on the admission of associate member of the cooperative is subject to the approval of the Supervisory Board of the cooperative. ";
paragraph 3 as subclause 4;
paragraph 4 as subclause 5 and the word "shareholding" should be replaced by "contributions", add the following sentence: "contract with the cooperative cooperative associate member, may include other do not contradict this federal law and the Charter of the rights and obligations of the cooperative members of the cooperative.";
item 5 as subclause 6 to read as follows: "6. Associate Member of the cooperative is not required to participate in the economic activities of the co-op or take in the activities of the co-operative personal labor participation.";
Add new paragraphs 7 and 8 read as follows: "7. Associate Member of the cooperative is entitled to vote at the co-op, but the total number of associate members with the right to vote at the general meeting of the cooperative shall not exceed 20 per cent of the number of members of the cooperative.
If the number of associated cooperative members exceeds the specified in accordance with this federal law and the Charter of the cooperative, the maximum number of votes at the general meeting of the members of the cooperative, the composition of the participants of the general meeting of the cooperative members-representatives of associate members of the cooperative shall be established at a meeting of the associate members of the cooperative.
8. the procedure for holding meetings, associate members of the cooperative and the representation of associate members at the general meeting of the members of the cooperative or of Commissioners meeting shall be established by the Charter of the cooperative or co-op election subject to the restrictions imposed by this federal law. ";
item 6 as subclause 9;
item 7 as subclause 10 and the word "pensioners-" deleted;
paragraph 8 as subclause 11.
8. In article 17: paragraph 1: in subparagraph 5, the words "a member of the cooperative." were replaced by the words "a member";

complement subparagraph 6 to read as follows: "6) is not fulfilling obligations without good cause on the personal labor participation, provided for in the Charter of the production cooperative.";
supplement paragraph 9 read as follows: "9. Associate Member in case of violation of the conditions of contract with the cooperative contract or carry out acts that cause damages, the cooperative may be excluded from the associate members of the cooperative in accordance with the procedure established in this article for the members of the cooperative.
9. Article 18, paragraph 1, after the words "its shareholding" add the words "as defined on the basis of the accounting data of the cooperative during the financial year in which the application was made on withdrawal of the members of the cooperative;
paragraph 7 deleted;
paragraph 8 as subclause 7;
paragraph 9 as subclause 8 and the words "paragraphs 6 and 7" be replaced with "paragraph 6";
paragraph 10 should be deleted;
paragraph 11 as subclause 9.
10. paragraph 2 of article 19, after the words "Board members" add the words "and (or) President".
11. In article 20, paragraph 1, after the words "decisions of the Board of" add the words "and (or)";
in paragraph 2: sub-paragraph 6 worded as follows: "6) expropriation of land and fixed assets, purchase them, as well as transactions, if a decision on this issue by this federal law or the Charter of the cooperative is related to the competence of the general meeting of members of the cooperative";
subparagraph 12 worded as follows: "12) admission and exclusion of members of the cooperative (for production cooperative)";
supplement paragraphs 13-17 to read as follows: "13) the establishment of the Executive Directorate;
14) to determine the conditions and remuneration of Board members and (or) the President of the cooperative, compensation costs of the members of the Supervisory Board of the cooperative;
15) bringing to justice the members of the Board of Directors and (or) the President of the cooperative, the members of the Supervisory Board of the cooperative;
16) approval of internal documents (regulations), certain this federal law and the Charter of the cooperative;
17) other related this federal law or the Charter of the cooperative to the exclusive competence of the general meeting of the members of the cooperative. ";
in paragraph 3: the first and second paragraphs shall be reworded as follows: "3. The decisions on issues certain subparagraphs 1, 4, 5, 6 and 9 of paragraph 2 of this article, as well as on the liquidation of a cooperative shall be deemed adopted, if they submitted no less than two-thirds of votes from the number of members of the cooperative. In case when making decisions on these issues will not be provided with the necessary quorum at a general meeting of the cooperative members, convenes the repeated general meeting of members of the cooperative at which decisions on these matters will be considered as adopted if they submitted no less than two-thirds majority of those present at the general meeting of members of the cooperative. Decision on reorganisation of the cooperative shall be taken in the manner prescribed by article 41 hereof.
The Charter of the cooperative list of issues, which are assigned to the exclusive competence of the general meeting of members of the cooperative, or on which decisions should be taken by a qualified majority of at least two thirds of the votes, can be expanded, and the Charter of the cooperative may be prescribed a higher quorum for decisions on these matters. ";
third paragraph as subclause 4 and the word "notice" should be replaced by the words "4. Notice ";
supplement paragraph 5 to read as follows: "5. Decisions on matters falling within the exclusive competence of the general meeting of the members of the cooperative may not be transferred by the executive bodies of the cooperative or cooperative's Supervisory Board.
12. Article 21: in paragraph 3, the words "entitled to vote" were replaced by the words "or one third of the associate members";
paragraph 4 shall be supplemented with the words "or associate members of the cooperative.
13. In article 22: the first sentence of paragraph 1 shall be amended as follows: "1. the convening of the general meeting of members of the cooperative (meeting of Commissioners) shall be conducted in accordance with this federal law in the manner and within the period provided for by the Charter of the cooperative or cooperative regulation.";
paragraph 2, after the words "shall be sent to the members of the cooperative" add the words "and associate members of the cooperative", the third sentence should be deleted;
supplement paragraphs 6 and 7 to read as follows: "6. The agenda of the general meeting of the members of the cooperative must be concrete, they must include the name and position of a citizen or legal person against a decision which, as well as the provisions of the Charter must be specified or internal documents (regulations), to which you are going to make changes. If the agenda of the general meeting of the members of the cooperative included issues related to the adoption of the Charter in New Edition or internal documents (regulations) of the cooperative, on the agenda of this meeting must state the time and place above-mentioned documents projects.
7. the Supervisory Council of the cooperative, the cooperative Board, or a group of members of the cooperative, which is not less than 10 per cent of all cooperative members or associate members of the co-operative Group, which is not less than 30 per cent of the number of associate members of the cooperative, shall be entitled to make, in writing, on the agenda of the extraordinary general meeting of the cooperative members no later than 30 days before the date of this meeting, no more than two sentences that body, which carries out in accordance with the Charter of the cooperative the convening of extraordinary general meeting of the members of the cooperative, is obliged to include in the agenda of this meeting. "
14. In article 23, paragraph 2 shall be amended as follows: "2. The authorized may be a natural person or a member of a cooperative, or associate member of the cooperative, or representative of a legal person, a member of a cooperative or an associate member of the cooperative. Members of the Board of the cooperative, the members of the Supervisory Board or the Chairman of the cooperative the cooperative, not elected Commissioners, take part in a meeting of Commissioners without voting rights, but have the right to speak at the meeting and make suggestions. ";
item 4 shall be amended as follows: "4. The Commissioners are elected at meetings at the place of work or place of residence and/or the location of the cooperative members or associate members of the cooperative is open or by secret ballot for each upcoming meeting of Commissioners after receiving members of the cooperative in the manner prescribed by article 22 of this federal law, a notice in writing indicating the Commissioners meeting agenda, dates, venue and timing , rules of election Commissioners at the meeting. ";
supplement with a new paragraph 5 reading as follows: "5. the Ombudsman shall be elected no more than 10 members of the cooperative. The number of Commissioners elected from the associate members of the cooperative, shall not exceed 20 per cent of the number of Commissioners elected from the members of the cooperative. The number of Commissioners is set based on the number of members of the cooperative, and the number of associated cooperative members at the end of the relevant financial year. ';
item 5 as subclause 6;
supplement paragraph 7 to read as follows: "7. The election of the Commissioner shall be formalised by a protocol signed by the Chairman and Secretary elected its Assembly. The Protocol is transmitted in the counting Commission of Assembly Commissioners. ".
15. Article 24 supplement paragraphs 6-12 reading: "6. a legal person is a member or associate member of the cooperative may be represented at a general meeting of members of the cooperative without proxy head of the legal person or by proxy to another employee of the legal person.
7. At the general meeting of the members of the cooperative represent by proxy has the right member of the cooperative only one other Member of the cooperative, associated member of the cooperative, having the right to vote, not more than three other associate members of the cooperative, having the right to vote.
8. The decision of the general meeting of the members of the cooperative (meeting of Commissioners) shall be formalised by the Protocol drawn up during this meeting and issued no less than three copies no later than ten days after the end of the meeting. In the Protocol of general meeting of the members of the cooperative (meeting of Commissioners) must contain the following information: 1) the name of the cooperative and information on his whereabouts;
2) the place, date and time of the general meeting of members of the cooperative;
3) date of notification on holding the general meeting of the members of the cooperative and the date of submission of the materials annexed to the agenda of the general meeting of the members of the cooperative;
4) total number of cooperative members at the date of the notification on holding the general meeting of the cooperative members, attendance at the general meeting of the cooperative members and associate members with the right to vote. When the meeting of Commissioners-elected Commissioners and the number of those present at this meeting of Commissioners;

5) indication of competence (jurisdiction) the general meeting of the members of the cooperative;
6) announced the agenda of the general meeting of the members of the cooperative;
7) name, surname and position of the person acting on the general meeting of members of the cooperative, and the basic provisions of his speech;
8) results of voting on issues on the agenda of the general meeting of members of the cooperative, the decisions taken and announced at this meeting.
9. The Protocol of general meeting of the members of the cooperative are: 1) the decision of the Board of the cooperative, or a Supervisory Board of a cooperative, or initiative group members or associate members of the cooperative, the cooperative of the convening of a general meeting of members of the cooperative;
2) list of cooperative members and voters of the associate members of the cooperative who took part in the general meeting of the members of the cooperative. When the meeting of Commissioners-elected Commissioners and a list of Commissioners who participated in the meeting of Commissioners;
3) power of Attorney submitted to the general meeting of the members of the cooperative, on the right of representation or protocols on election Commissioners;
4) material presented on the agenda of the general meeting of the members of the cooperative;
5) statements, suggestions and dissenting opinions in respect of which the members and associate members of the cooperative expressed requirement introduce them to the Protocol of general meeting of the members of the cooperative;
6) other obligations under the Charter of the cooperative, internal documents (regulations) or by the general meeting of members of the cooperative documents.
10. Each of the three instances of the Protocol of general meeting of the members of the cooperative shall be signed by the Chairman and the Secretary of the meeting. The Charter of the cooperative or the decision of the general meeting of members of the cooperative can be determined, that the minutes of this meeting shall be signed by the members of the Supervisory Board of the cooperative and (or) Chairman of the cooperative and the members of the Board of the cooperative. If one of the persons who must sign the minutes of the general meeting of members of the cooperative, refuses to sign it, it must specify the Protocol of this meeting the reasons for his refusal.
11. The Board of the cooperative, the cooperative's Supervisory Board and the Chief Accountant of the cooperative shall be stored a copy of Protocol of general meeting of the members of the cooperative. The Board of the cooperative is obliged at the request of a member or associate member of the co-op to familiarize them with the Protocol of general meeting of the members of the cooperative or give them certified copies of this Protocol meeting or abstracts of the meeting, except information classified by the general meeting of members of the cooperative as a commercial secret, for a charge no more than the costs of making copies or extracts.
12. If members of the cooperative or associate members of the cooperative have applied the unreliability of the Protocol of general meeting of the members of the cooperative or its incompleteness, these statements should be considered at the next general meeting of the members of the cooperative. ".
16. (repealed-the Federal law from 19.07.2009 N 205-FZ) 17. Article 26 shall be amended as follows: "article 26. The executive bodies of the cooperative 1. The executive bodies of the cooperative are the Chairman of the Board of the cooperative and cooperative. If the number of cooperative members is less than 25, the Charter of the cooperative may provide for election of the Chairman only cooperative and his Deputy.
2. the President of the cooperative, the cooperative's Management Board shall be elected by the general meeting from among the members of the cooperative the cooperative members for a term of not more than five years. The Chairman of the cooperative is a member of the Board of the cooperative and is headed by him.
3. the Board of the cooperative, if the Charter of the cooperative unless otherwise provided, consists of three people.
4. the competence of the Board of the cooperative include the following issues: 1) accepting applications for membership in the cooperative or associate members of the cooperative, exiting the cooperative members or associate members of the cooperative;
2) preliminary consideration of issues to the exclusion of the cooperative members or associate members of the cooperative;
3) contracts with the associate members of the cooperative;
4) approval of the size and shape of the unit to be returned when leaving the cooperative, setting the location of a land plot in case by withdrawing from the co-op unit is allocated land;
5) shaping the agenda of the general meeting of the members of the cooperative and its convening;
6) enactment together with the Supervisory Board decision priraŝennyh of cooperative shares, dividend payments or cooperative loan payments to the members of the cooperative or associate members of the cooperative;
7) commit not assigned to the competence of the general meeting of members of the cooperative;
8) consideration, jointly with the Supervisory Board of the cooperative audit opinions of the Union concerning the results of auditing of the cooperative, and identification of measures to rectify identified violations;
9) adoption of the market value of non-monetary contributions as contributions;
10) other related this federal law, the Charter of the cooperative or the decision of the general meeting of members of the cooperative within the competence of the Board of the cooperative issues.
5. the Board of the cooperative acts on the basis of the Charter of the cooperative and, if it is stipulated in the Charter of the cooperative, the cooperative Board, approved by the Supervisory Board or the general meeting of members of the cooperative, and establishes deadlines, calling and conduct of meetings of the Board of cooperative decision-making and clearance protocols of meetings of the Board of the cooperative. The Charter of the cooperative or in the regulation on the Board of a cooperative may provide for distribution of responsibilities among the members of the Board of the cooperative.
6. Meetings of the Board of Directors of the cooperative are held by the President of the cooperative, which signs on behalf of the Board of the cooperative decisions and minutes of the Board of the cooperative if the Cooperative Statute or regulation of the Board of the cooperative does not stipulate the signing of these documents and other members of the Board of the cooperative.
7. the Chairman of the cooperative operates without power of attorney on the basis of the decisions of the general meeting of members of the cooperative, the cooperative's Supervisory Board and the Board of the cooperative on matters within the competence of these bodies, and on the remaining issues alone on behalf of the cooperative.
The Chairman of the cooperative is a cooperative in the organs of State power, local self-government bodies and organizations that manage in accordance with the Charter of the cooperative the cooperative property, conclude contracts and grant power of Attorney, including the right of substitution, opens accounts in banks and other credit organizations, receives and dismisses employees cooperative, organizing their work, publishes mandatory for members of the cooperative and cooperative workers orders and instructions organizes execution of decisions of the general meeting of the members of the cooperative and the Supervisory Board of the cooperative and performs other functions that are not contrary to the Charter of the cooperative for the cooperative.
8. The Charter of the cooperative can be a transfer of some powers to the President of the cooperative and cooperative Board Executive Director, on the basis of a labour contract concluded with him on behalf of the cooperative the cooperative's Supervisory Board or in his absence by the Chairman of the cooperative on the basis of the decision of the general meeting of members of the cooperative.
9. The remuneration of the Chairman and members of the Board of the cooperative, the cooperative is set by the general meeting of the cooperative members, depending on the volume of production and other economic activities of the cooperative, as well as the volume of work performed by the members of the Board of the cooperative.
10. the Chairman of the cooperative and cooperative Board members are cooperative. In doing so, they must comply with the restrictions imposed by this federal law and the Charter of the cooperative. The Chairman of the cooperative and cooperative Board members report to the Supervisory Board of the cooperative and the general meeting of members of the cooperative.
11. the Chairman of the cooperative, or members of the Board of the cooperative, or Executive Director may at any time be released from his duties by decision of the general meeting of the cooperative members, convened in the manner prescribed by this federal law and the Charter of the cooperative.
12. the authority of a cooperative has the right to convene a general meeting of members of the cooperative and offering to include in the agenda of this meeting the question on premature discharge from Office of the Chairman or the Executive Director of the cooperative must provide a justification in writing their proposals and no less than 45 days prior to the commencement of the general meeting of the cooperative members to send these proposals to obtain an opinion in the audit Union of which, in accordance with article 31 of this federal law is cooperative.

13. the conclusion of the audit of the Union on the justification for the removal from Office of the President or the Executive Director of the cooperative must be delivered at the general meeting of the members of the cooperative. The general meeting of the members of a cooperative is entitled to consider or not consider the conclusion of the audit of the Union, but is not entitled to deal with the issue on premature discharge from Office of the Chairman or the Executive Director of the cooperative without announcing this meeting the relevant conclusion of the audit of the Union.
14. Cooperatives, in which, in accordance with paragraph 1 of this article provides for the election of only the President of the cooperative, the powers and duties of the Board of the cooperative, as defined by this federal law, carries out the Chairman of the cooperative.
18. In article 28: name after the word "liability" shall be supplemented with the words "the President of the cooperative and";
in paragraph 1 the word "members" should be replaced by the words "the Chairman of the cooperative and the members";
supplement paragraphs 6-8 to read as follows: "6. Member of the Board of the cooperative shall be exempt from liability if he was not present at the Board meeting of the cooperative at which it was decided, as a result of which the cooperative have suffered losses or attended a Board meeting of the cooperative at which the decision was taken, but voted against the decision or abstained from voting, that should be reflected in the minutes of the meeting of the Board of the cooperative.
7. the Chairman of the cooperative shall bear responsibility stipulated by this article for the members of the Board of Directors of the cooperative.
8. the Executive Director shall be liable in the manner and under the conditions prescribed by the employment contract concluded with the cooperative's Executive Director. ".
19. Article 29: in paragraph 1, the words "If the Charter of the cooperative is, unless otherwise provided" were replaced by the words "not less than";
paragraph 2 shall be amended as follows: "2. no remuneration for his activities as a member of the Supervisory Board of cooperative receive is not permitted. Expenses incurred by a member of the Supervisory Board of the cooperative in the exercise of its powers shall be reimbursed on the basis of the decision of the general meeting of members of the cooperative. ";
supplement paragraph 6 to read as follows: "6. When carrying out the cooperative members at the general meeting or by-election election of supervisory board members of the cooperative, the Chairman of the cooperative and cooperative Board members shall not be entitled to make proposals for such nominations.
20. In article 30, paragraph 1, after the words "of the Board of the cooperative" add the words ", the President of the cooperative, audits the activities of cooperative", after the words "require from the Board" add the words "cooperative, Chairman of the cooperative or the Executive Director of the cooperative", the word "it" should be replaced by the words "on their";
paragraph 7, after the words "of the Board of the cooperative" add the words ", the President of the co-op or the Executive Director of the cooperative";
in paragraph 10, the words ", which should be convened as soon as possible" should be deleted, add the following sentence: "within 30 days from the date of adoption of this decision, the Supervisory Board of the cooperative is obliged to convene the general meeting of the members of the cooperative, which had to cancel a decision of the Supervisory Board of the co-op or elect new members of the Board of the cooperative and (or) the President of the cooperative.";
supplement paragraph 12 to read as follows: "12. In cooperatives, in which, in accordance with paragraph 1 of article 19 of this federal law, the Supervisory Board of the cooperative is not created, his powers and duties defined by this federal law, carries out the general meeting of the members of the cooperative. ".
21. Article 31: in the name of the word "Audit" should be replaced by the word "audit";
to complement the new paragraph 1 as follows: "1. Audit Union-Union of agricultural cooperatives, which carries out on the basis of the information received in accordance with the law license audit its member cooperatives and (or) unions of cooperatives and related audit services.";
paragraph 1 as subclause 2;
paragraph 2 as subclause 3 and the word "firms" should be replaced by the word "organizations";
paragraph 3 as subclause 4 and the first sentence, after the words "Union of cooperatives" add the words "(except for the audit of Union, a Russian auditor's Union)," after the words "court decision" add the words ", at the request of the authority responsible for the State registration of a cooperative, or the authorized federal body of State regulation of auditing or the Prosecutor";
paragraph 4 as subclause 5 to read as follows: "5. The audits carried out by auditors who are employees of the audit of the Union, or by persons in charge of auditing the Union to work on the basis of civil law contracts. Number of Auditors in the audit of the Union State shall be not less than the established law to audit organizations. ";
paragraphs 5 and 6 and 6 points respectively considered 7;
item 7 as subclause 8 and read: "8." runaway "audit Union cooperative Union of cooperatives owe no more than 30 days to formalize their membership in other audit Union.";
supplement paragraphs 9 and 10 to read as follows: "9. The auditor's Union, which includes representing not less than 50 per cent of the constituent entities of the Russian Federation of cooperatives and (or) unions of cooperatives and that got permission to use the established procedure in its name the words" Russian ", has the status of a Russian auditor's Union.
10. the members of audit of the Union with the right of a deliberative vote can have different auditing organizations, service organizations of the agro-industrial complex. Procedure for membership fees, rights and duties of such members shall be established by the founding documents of the audit Union. ".
22. Article 32: in the name of the word "revision" should be replaced by the word "Audit";
in paragraph 1 the word "audit" should be replaced by the word "audit" after the word "cooperative" add the words ", the Union of cooperatives", the word "it" should be replaced by the word "them";
paragraph 2 shall be amended as follows: "2. compulsory audit Cooperative Union of cooperatives is exercised audit Union composed of these co-operative Union of cooperatives, once in two fiscal years, credit and insurance cooperatives and cooperatives, which balance total assets at the end of the reporting year exceeds 100 thousand times set by federal law, the minimum wage, each fiscal year.";
in paragraph 3 the word "audit" should be replaced by the word "audit";
in paragraph 4 the word "audit" should be replaced by the word "audit" after the word "cooperative" add the words "Union of cooperatives";
in paragraph 5, the word "audit" should be replaced by the word "audit" after the word "cooperative" add the words "Union of cooperatives", add the following sentence: "the costs of the audit of the Union on organizing and hosting this meeting shall be reimbursed at the expense of the cooperative.";
in paragraph 6, the word "audit" should be replaced by the word "audit";
in paragraph 7, the word "revision" in appropriate cases "should be replaced with the word" audit "in appropriate cases, after the word" cooperative "add the words", the Union of cooperatives ", the word" which "should be replaced by the word" which "should be inserted after the word" cooperative ", add the words", the Union of cooperatives ", the word" it "should be replaced by the word" them ";
in paragraph 8, after the word "cooperatives" add the words ", the Union of cooperatives", the word "audit" should be replaced by the word "audit".
23. Article 33: in the name of the word "audit" should be replaced by the word "audit";
paragraph 1, after the word "cooperative" add the words ", the Union of cooperatives", the word "audit" should be replaced by the word "audit" after the word "cooperative" add the words "Union of cooperatives";
in paragraph 2 the word "audit" should be replaced by the word "audit";
in paragraph 3 the word "audit" should be replaced by the word "audit", add the words ", the Union of cooperatives".
24. Article 34: the second sentence of paragraph 1 shall be amended as follows: "the share of borrowed funds in the property of the cooperative establishes its Statute.";
in paragraph 2 the words "cooperative members" should be deleted;
in paragraph 3 the word "members" should be deleted.
25. Article 35: in the name of the word "members" should be replaced by the words "and mutual fund";
(Paragraph three ineffective federal law from 03.11.2006 N 183-FZ) in paragraph 2, the word "institutional" should be deleted;
in paragraph 5, the words "subject to an independent expert examination" were replaced by the words "made by an independent appraiser;
paragraph 9, after the words "its net assets" shall be supplemented with the words "minus means indivisible Fund", the words "mandatory contributions" were replaced by the words "contributions of members of the cooperative, share contributions of associate members of the cooperative";
in paragraph 10, the word "compulsory" should be deleted.
26. Article 36 shall be amended as follows: "article 36. Distribution of profits and losses of the cooperative

1. cooperative Profits determined on the balance sheet, distributed as follows: 1) for repayment of outstanding debts;
2) and reserve fund as provided for in the Charter of the cooperative other indivisible funds;
(Paragraph six, federal law expired from 03.11.2006 N 183-FZ) 4) on payment owed for additional equity contributions of members and mutual contributions of associate members of the cooperative dividends, the total amount of which shall not exceed 30 per cent of profits, distributable, and bonuses for employees of the cooperative;
5) on cooperative benefits.
2. Cooperative payments between members of a production cooperative shall be distributed in proportion to the salary at the co-op for the year between the members of a consumer cooperative-in proportion to their participation in economic activities of the cooperative.
3. Cooperative payment are used in the following order: 1) not less than 70 per cent of the amount of the payment shall be forwarded to the co-operative priraŝennogo unit members of the cooperative;
2) balance of payments paid to cooperative cooperative member.
4. Funds credited in priraŝennye units, are used to: 1) creation and expansion of production and other funds of the cooperative;
2) repayment of priraŝennyh shares. Priraŝennyh 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 priraŝennye 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.
6. In the production cooperative losses borne primarily by the contingency fund, secondarily by reducing the size of priraŝennyh 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.
8. Allocation of profits and losses of the cooperative must be approved at a general meeting of members of the cooperative within a period of three months after the end of the fiscal year.
27. Article 37: in paragraph 2, the words "0.5 per cent compulsory shareholding" should be replaced by the words "5 per cent of its share";
in paragraph 6, the words "productive members" were replaced by the words "a member of a cooperative or an associate member", the word "Member" should be replaced by the words "a member of a cooperative or an associate member";
item 7 supplement paragraphs read as follows: "Specified in the first paragraph of this article rule in respect of property of a cooperative, for that cannot be seized, while mortgaging the property does not apply in as security for performance of obligations of the cooperative, if: the property of a cooperative pledge agreement was based on the decision of the general meeting of the members of the cooperative, adopted by not less than two-thirds of votes from the total number of members of the cooperative and the Charter of the cooperative establishes the subsidiary liability of the members of the cooperative in the amount of not less than 20 per cent of their share;
cooperative property transferred in pledge to secure loans, on which the federal budget or the budget of the Russian Federation for agricultural producers provide for compensation of a part of expenses on payment of interest, and other loans for which subsidies are financed from the federal budget or the budget of the Russian Federation. "
28. Article 38: the name should read as follows: "article 38. Cooperative transactions ";
supplement paragraphs 3-7 as follows: "3. the cooperative Transactions that are not associated with the alienation of land and fixed assets of the cooperative or their purchase, on a sum, which amounts to 10 per cent of the total value of the assets of the cooperative after deducting the cost of land and the main means of production cooperative, committed to the decision of the Board of the co-op, from 10 to 15 percent, according to the decision of the Supervisory Board of the cooperative, from 15 to 20 per cent , by a joint decision of the Board of the cooperative and the Supervisory Board of the cooperative or by decision of the general meeting of members of the cooperative, more than 20 per cent, by decision of the general meeting of members of the cooperative.
4. a transaction, the second party in which is Chairman of the cooperative or the Executive Director of the cooperative, the members of the management board or Supervisory Board of a cooperative the cooperative, their spouses and next of kin or the owners of the share, the amount of which is more than 10 per cent of the unit trust cooperative, is considered to be a transaction in which there is a conflict of interest. The transaction is recognised and the deal, in which no less than 10 per cent of the members of the cooperative or not less than 20 per cent of the associate members of the cooperative in their statements in writing see the property interest of the persons concerned, does not match with the legitimate proprietary interests of the cooperative.
5. The persons referred to in paragraph 4 of this article shall be obliged to bring to the attention of the General Assembly of the members of the cooperative and the audit of the Union, a member of the co-op, information about legal persons, 10% or more of voting shares (shares) which they own either alone or in conjunction with its affiliate or its affiliates;
entities of governance bodies to which they belong, and peasant (individual) farms, members or heads of which they are part;
committed or anticipated transactions, of which they are aware and which they may be interested persons.
6. decisions on cooperative deals in which there is a conflict of interest, are made at the joint meeting of the Board of the cooperative and cooperative's Supervisory Board unanimously and approved by the general meeting of members of the cooperative by the majority not less than two thirds of the votes.
7. a transaction in which there is a conflict of interest may be made subject to the established cooperative procedure for determining the market value of the property that is the subject of such a transaction. ".
29. In article 39, paragraph 2, the word "audit" should be replaced by the word "audit".
30. Article 40: the first sentence of paragraph 4 shall be supplemented with the words "that production cooperative is obliged to keep records for each Member of the cooperative, as well as each employee cooperative, whose work in this co-op is the main";
supplement paragraphs 8 and 9, to read: "8. the President of the cooperative, the members of the Board of the cooperative and the members of the Supervisory Board of the cooperative may be subjected to disciplinary action only by the decision of the general meeting of members of the cooperative.
9. the Member of the Supervisory Board of the production cooperative may be released from work in co-op without his consent only by a decision of the general meeting of the members of the cooperative.
31. Chapter VII supplemented by article 40-1 as follows: "article 40-1. Features of credit cooperatives 1. Credit co-op Fund should be created mutual financial assistance, is the source of the loans granted to members of the credit cooperative.
2. financial Mutual Fund is formed by part of the own funds of a credit cooperative and the means employed in the credit cooperative in the form of loans obtained from the cooperative members, associate members, and credit cooperative and other organizations. When the loans are made only in cash. Financial mutual fund size and the procedure for the formation and use of credit cooperative shall be as designated by the statutes, decisions of the general meeting of members of the credit cooperative.
3. temporarily free balance financial mutual fund by decision of the general meeting of members of the credit cooperative may be transferred on the basis of the loan agreement to Fund financial mutual credit cooperative level later or used credit cooperative to purchase of State and municipal securities or deposited in banks.
4. transfer credit cooperative members and associate members of the credit cooperative the cooperative funds, are not mutual contributions and issuance of loans are issued the loan contract concluded in writing.
5. Loan contract may be interest-bearing and interest-free. Free contract credit cooperative has the right to conclude solely on the basis of the decision of the general meeting of members of the credit cooperative.
6. Credit Cooperative in accordance with its Charter and decisions of the general meeting of members of the credit cooperative may provide to its members and associate members of the credit cooperative Advisory and other relevant purposes its activities services.
7. Credit Cooperative may not issue loans to citizens or legal persons that are not members of a credit cooperative;
issue its own securities;

buy shares and other securities of other issuers, other operations at financial and stock markets, with the exception of holding funds on current and deposit accounts in banks and the purchase of State and municipal securities.
8. the amount of interest paid credit cooperative funds attracted in the form of loans obtained from its members and associate members shall be determined by the Board of the credit cooperative in accordance with the provision of the credit cooperative loans, approved by the general meeting of members of the credit cooperative. The amount of money paid to the credit cooperative of its members and associate members in the form of interest for loans derived from them is included in the cost of the credit cooperative.
9. Credit Cooperative shall: generate a contingency fund to provide for unforeseen expenses;
to insure the risk of default loans on the occasion of the death or disability of the borrower.
10. the Statute of the credit cooperative in addition to the information specified in article 11 hereof, shall contain the following information: (a) the conditions and procedure for the issuance of loans to the cooperative credit to its members;
the conditions and procedure for obtaining loans credit cooperative of its members and associate members.
11. the Charter of a credit cooperative or decisions of the general meeting of members of the credit cooperative establishes standards for its financial performance and limitations of ratios: mutual fund size and the size of the contingency fund;
equity credit cooperative and the assets of its balance sheet;
assets balance credit cooperative and its current liabilities;
the maximum size of loan, issued to a single borrower, and assets of the credit cooperative;
values temporarily free balance financial mutual fund, which may not be more than 50 percent of the Fund.
12. Credit Cooperative shall be liable for its obligations to the credit cooperative members and associate members of the credit cooperative on the basis of and pursuant to the procedure prescribed by this federal law, other federal laws and the Statute of the credit cooperative.
13. State regulation of credit cooperatives and their unions is carried out by the authorized federal body of executive power, enacting regulatory legal acts in accordance with the requirements of this federal law.
32. paragraphs 2, 7 and 9 of article 41, the words "and (or) peasant (individual) farms are excluded.
33. Article 42: in subparagraph 4 of paragraph 2 the words "the legislation of the Russian Federation" shall be replaced with the words "this federal law and other federal laws";
supplement paragraphs 5 and 6 to read as follows: "5. In the case of established by the legislation of the signs of insolvency (bankruptcy) of the cooperative Board of the cooperative is obliged to: request for review of financial-economic activities of the cooperative in the audit Union co-op is a Member;
introduce Supervisory Board cooperative with the conclusion of the audit of the Union about the scan results of financial and economic activity of the cooperative;
develop an action plan for the prevention of insolvency (bankruptcy) of the cooperative.
6. In the case of adoption by the Management Board and the Supervisory Board of the cooperative the cooperative decisions about appropriate treatment to the arbitral tribunal a statement of the debtor on the recognition of the cooperative bankrupt or in case of bankruptcy the creditor or authorized bodies to the arbitral tribunal a statement of recognition of the cooperative bankrupt cooperative's Supervisory Board or Board of a cooperative shall be obliged to convene the general meeting of the members of the cooperative, which must: introduce cooperative members and voters of the associate members of the cooperative with the conclusion of the audit of the Union about the scan results of financial and economic activities of the cooperative and the causes that led to the bankruptcy of cooperative;
elect the representative members of the cooperative during the procedure of bankruptcy of the cooperative;
adopt an action plan for the protection of the legitimate interests of members of the cooperative, associated cooperative members and employees of the cooperative. ".
34. Article 43: in paragraph 7, the word "audit" should be replaced by the word "audit";
the second sentence of paragraph 11 should be deleted.
35. Article 44: in paragraph 2, the word "audit" should be replaced by the word "audit";
in paragraph 4, the words "mandatory collective contributions" should be replaced by "shares";
paragraph 6, after the words "materials" add the words "members and associate members".
36. Article 48, paragraph 6 should be deleted;
item 7 as subclause 6.
Article 2. The statutes of the agricultural cooperatives, unions of agricultural cooperatives are subject to adjustment in accordance with the requirements of this federal law within one year from the date of its entry into force. The statutes of the agricultural cooperatives, unions of agricultural cooperatives to bring it into conformity with the provisions of this federal law shall be applied if they do not contradict to those standards.
The President of the Russian Federation v. Putin Kremlin, Moscow, N June 11, 2003 73-FZ

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