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 introducing changes and additions to the Federal Law "On agricultural cooperation" adopted by the State Duma on May 21 2003 Approved by the Federation Council on 28 May 2003 (In the federal laws dated 03.11.2006 N 183-FZ; 19.07.2009 N 205-FZ Article 1. Amend the Federal Law of 8 December 1995 No. 193-FZ "On agricultural cooperation" (Assembly of Russian Federation Law, 1995, N 50, sect. 4870; 1997, N 10, sect. 1120; 1999, N 8, sect. 973; 2002, N 12, est. 1093; 2003, N 2, est. 160, 167) the following changes and additions: 1. In article 1: paragraphs 4 and 5, amend to read: " A member of the cooperative is a natural person for a production cooperative, or a natural or legal person for a consumer cooperative meeting The requirements of this Federal Act and the statute of the cooperative, which have made a contribution in the size and order established by the cooperative charter, to the right to vote and to subsidize the liability of the cooperative; Associated member of the cooperative is physical or legal A person who has made a contribution in which it receives a dividend that carries a risk of loss arising out of the activities of the cooperative, within the value of its own contribution and entitled to vote in the cooperative, subject to the limitations imposed by this The Federal Act and the Statutes of the Cooperative; "; , paragraph 9, after the word" contribution ", insert the words" member of the cooperative "; in the eleventh paragraph of the eleventh term" associate member of the cooperative or " delete; paragraph twelfth restate: " Pap-part of the property Cooperatives, reflecting the size of the cooperative member or associate member in the formation of the cooperative's property and taken into account in value terms. The membership of a cooperative member consists of his share of a contribution and a pap. The affiliate member of the cooperative is equal to his contribution; "; , paragraph 13, after the words" part of the cooperative ", add the words" member of the cooperative ", delete; paragraph fourteenth paragraph after the words" members of the cooperative "add the words" and associate members of the cooperative "; the seventeenth paragraph after the word" supply "should be supplemented with the words" in the cooperative ", the words" cooperative services. " pad paragraphs with the following: "indivisible background" Cooperatives-part of the property of the cooperative formed by paev contributions from members of the cooperative and associate members of the cooperative or from a cooperative that is not subject to the membership of the cooperative during the existence of the cooperative, and of the members of the cooperative or of the payment of the termination of their membership in the cooperative and used for the purposes specified in the charter of the cooperative; Personal labour participation-participation of a member of the cooperative in the activities of the production sector Cooperatives, expressed by the number of days worked by the cooperative, completed work or output in a period. ". 2. In article 4: in paragraph 10: the words "credit and" delete; (Paragraph 4 is no longer valid-Federal Law from 03.11.2006 N 183-FZ (Paragraph 5 is no more effective-Federal Act of 03.11.2006). N 183-FZ) paragraph 11, after the word "nationals", should be supplemented with the words "unless otherwise provided by this Federal Law"; paragraph 14 after the word "agricultural" should be supplemented by the word "consumer". 3. In article 5: paragraph 1, after the words "cooperative inspections", add ", unions (associations)"; paragraph 9, amend to read: " 9. The name of the union (association) should refer to the main subject of its activities and the territory in which it operates, including the words "agricultural cooperative union" or "agricultural association". Cooperatives "," Union of Fishing kolkhozes "or" Association of fishing collective "."............................... In article 10: , in the name of the word "Education", replace the words "Special features of education"; , paragraphs 1, 2 and 3, delete; , consider paragraph (4) as paragraph 1 and the first sentence to read: " 1. In education, as a result of the reorganization of the agricultural organization, along with the production cooperative of other commercial agricultural organizations, farm households are not subject to production facilities Infrastructure (including machinery repair workshops, garages, grain and other crops, current, warehouses) used by members (participants) of the reorganized agricultural organization. "; paragraphs 5 and 6 should read respectively paragraphs 2 and 3; paragraph 7 Paragraph 4 and the words "none of the agricultural organizations and (or) any peasant (farming) economy" should be replaced by the words "none of the production cooperatives"; paragraph 8, read as paragraph 5. 5. In article 11: in paragraph 1: , in subparagraph 9, replace the words "reserve fund" with the words "other cooperative funds"; , in subparagraph 14, the words "and order" shall be replaced by the words ", order and minimum size"; add the following paragraph 4: " 4. The change in the number of members of the cooperative or associated members of the cooperative, as well as the resizing of the cooperative's equity fund, does not justify this change in the constitution of the cooperative. ". 6. In article 13: paragraph 1 should be supplemented with the following sentence: "Work in a production cooperative for its members is the main one."; paragraph 2 should read: " 2. Members of the consumer cooperative may be legal entities that recognize the charter of the consumer cooperative involved in its economic activities and are agricultural producers, and (or) citizens who are private gardening, vegetable gardening, animal husbandry and members or workers of agricultural organizations and (or) peasant (farm) holdings. The Charter of the consumer cooperative may establish the right and procedure for admission of citizens or legal entities other than agricultural producers but participating in economic activities to members of the cooperative Cooperatives or cooperatives. The number of such members of the cooperative should not exceed 20 per cent of the members of the consumer cooperative who are agricultural producers. "; paragraph 4, after the word" several ", should be supplemented by the word" consumer "; in paragraph 5: paragraph 2 after the word "members" to add the word "production"; paragraph 3 after "use services" to add "consumer"; paragraph 5 after " in members "supplement the word" consumer "; paragraph 6 shall be deleted. 7. In article 14: , add a new paragraph 3 as follows: " 3. A citizen or legal entity who has expressed the wish to join the cooperative as an associate member shall apply to the cooperative's board for admission to associate members of the cooperative. The decision of the cooperative's board to accept an associate member of the cooperative is subject to approval by the cooperative's supervisory board. "; paragraph 3 read paragraph 4; , paragraph 4, read paragraph 5 and in it replace the word" contribution " with in addition to the following sentence: " A treaty concluded by an associate member of a cooperative with a cooperative may provide for other rights not contrary to this Federal Act and the statute of the cooperative; and of this member of the cooperative. "; 6 and redraft it as follows: " 6. The associated member of the cooperative is not required to participate in the economic activities of the cooperative or to participate in the cooperative's activities. "; to supplement new paragraphs 7 and 8 as follows: " 7. The associate member has the right to vote in the cooperative, but the total number of associate members with the right to vote at the general assembly of the cooperative shall not exceed 20 per cent of the membership of the cooperative. If the number of associate members of the cooperative exceeds the maximum number of votes defined by this Federal Law and the cooperative charter in the general assembly of the members of the cooperative, the members of the cooperative members of the general assembly of members of the cooperative associate members are set up at a meeting of associate members of the cooperative. 8. The procedure for holding meetings of associate members of the cooperative and the norm of representation of associate members of the cooperative at the general assembly of the members of the cooperative or of the assembly of commissioners shall be established by the charter of the cooperative or by a provision on elections to The cooperative, taking into account the limitations imposed by this Federal Law. "; paragraph 6, read paragraph 9; , paragraph 10, paragraph 10, and the word" pensioners " should be deleted; paragraph 8, read as paragraph 11. 8. In article 17: in paragraph 1: , in subparagraph 5, replace the term "member of the cooperative." The obligations of personal labour participation under the constitution of the production cooperative. "; to supplement paragraph 9 with the following content: " 9. The associate member of the cooperative, in case of breach of the terms of the cooperative contract or acts that causes loss to the cooperative, may be excluded from the associated cooperative members in a manner defined by this cooperative member. an article for members of a cooperative. ". 9. In article 18: paragraph 1, after the words "of its contribution", add the words "determined on the basis of the accounting records of the cooperative for the financial year during which the application for withdrawal from the members of the cooperative was submitted"; paragraph 7 should be deleted; paragraph 8, read paragraph 7; paragraph 9, to read paragraph 8 as "paragraphs 6 and 7" should be replaced by the words "paragraph 6"; , paragraph 10, should be deleted; , paragraph 11, paragraph 11, should be deleted. 10. In article 19, paragraph 2, after the words "members of the board", add the words "and (or) the chair". 11. In article 20: paragraph 1, after the words "the decision of the board", add the words "and (or) the chair"; , paragraph 2: subpara. the production of a cooperative, their acquisition, and the commission of transactions, if the decision on the matter by this Federal Act or the charter of the cooperative is within the competence of the general assembly of the members of the cooperative; "; , to read: " 12) the reception and exclusion of members of the cooperative (for a production cooperative); "; add the following to sub-paragraphs 13 to 17: " 13) Establishment of an Executive Directorate; 14) Terms and Conditions of Remuneration for Board Members and (or) Chairman Coop, compensation for the expenses of the members of the supervisory board of the cooperative; 15) involving members of the board and (or) chairman of the cooperative, members of the supervisory board of the cooperative; 16) of the internal documents (regulations) of the cooperative defined by The present Federal Act and the charter of the cooperative; 17) the decision of the general assembly of the members of the cooperative of the general members of the cooperative which is otherwise designated by this Federal Act or by the statute of the cooperative. "; , paragraph 3: paragraphs 1 and 2 should be restated as follows: " 3. Decisions on matters defined in paragraphs 1, 4, 5, 6 and 9 of paragraph 2 of this article, as well as on the liquidation of the cooperative, shall be deemed accepted if they are received by at least two thirds of the votes of the members of the cooperative. In the event that the necessary quorum for the general meeting of the members of the cooperative is not reached in the decisions on these matters, a second general meeting of the members of the cooperative shall be convened at which decisions on these matters shall be deemed accepted, if any There are at least two thirds of the votes cast from the number of members present at the general meeting of the members of the cooperative. Decisions on the reorganization of a cooperative are taken in the manner laid down in article 41 of this Federal Law. The Charter of the Cooperative provides a list of issues that are left to the exclusive competence of the general assembly of members of the cooperative or for which decisions are to be taken by a qualified majority of at least two thirds of the vote, may be The cooperative's constitution can be extended and a higher quorum for decision-making on these matters may be envisaged. "; the third paragraph of paragraph 4 and the word" Notification "shall be replaced by the word" 4 ". Notification "; add to paragraph 5 as follows: " 5. Decisions on matters within the exclusive competence of the general assembly of members of the cooperative may not be handed over to the executive bodies of the cooperative or to the supervisory board of the cooperative. ". 12. In article 21: , in paragraph 3, the words "having the right to vote" shall be replaced by the words "or one third associate member"; , add the words "or associate members of a cooperative". 13. In article 22: , the first sentence of paragraph 1 should read: " 1. The general assembly of the members of the cooperative (assembly of commissioners) is convened in accordance with this Federal Law in the order and in time stipulated by the cooperative's charter or the status of the election cooperative. "; paragraph 2 After the words "shall be sent to the members of the cooperative" with the words "and associate members of the cooperative", the third sentence should be deleted; to supplement paragraphs 6 and 7 as follows: " 6. The issues on the agenda of the general meeting of the members of the cooperative must be specific and include the name and title of the citizen or the name of the legal entity for which the decision is expected to be taken, and must also include The provisions of the charter or internal documents (regulations) of the cooperative to be amended are indicated. In the event that the agenda of the general meeting of the members of the cooperative includes issues related to the adoption of the charter in the new edition or internal documents (regulations) of the cooperative, the meeting's agenda should include the time and place to read the draft documents. 7. Co-operative Supervisory Board, cooperative management, or a group of members of the cooperative representing not less than 10 per cent of all members of the cooperative or group of associate members of the cooperative, representing at least 30 per cent of the number of associate members of the cooperative, shall be entitled to submit in writing to the extraordinary general meeting of the members of the cooperative not later than 30 days before the date of the meeting, no more than two proposals by the body a cooperative undertaking in accordance with the charter of the cooperative An extraordinary general meeting of the members of the cooperative is obliged to include in the meeting's agenda. ". 14. In article 23: , paragraph 2, amend to read: " 2. The authorized person may be a natural person who is a member of a cooperative or an associate member of the cooperative, or a representative of a member of the cooperative or an associate member of the cooperative. Members of the board of the cooperative, members of the Supervisory Board of the Cooperative or the chairman of the cooperative not elected shall take part in the Assembly of Commissioners without the right to vote, but have the right to speak and make proposals. "; Item 4 should be redrafted to read: " 4. The commissioners are elected at meetings of the place of work or place of residence and (or) the location of the members of the cooperative or associate members of the cooperative in an open or secret ballot for each forthcoming meeting of the Commissioners after receipt Members of a cooperative in the manner specified in article 22 of this Federal Act, notifications in writing, indicating the agenda of the meeting of the Commissioners, the date, place and time of the meeting, the rules for the election of Commissioners for the given meeting. "; to add a new paragraph 5 to read as follows: " 5. The Commissioner should be elected no more than 10 members of the cooperative. The number of commissioners elected from associate members of the cooperative should not exceed 20 per cent of those elected from members of the cooperative. The number of Commissioners is determined on the basis of the number of members of the cooperative and the number of associate members of the cooperative at the end of the relevant financial year. "; Content: " 7. The election of the officer shall be done by a protocol signed by the chairman and the secretary of the assembly. The protocol is passed to the meeting commission of the meeting of commissioners. ". 15. Article 24 should be supplemented by paragraphs 6 to 12 reading: " 6. A legal person, a member of the cooperative or an associate member of the cooperative, may be represented at a general meeting of the members of the cooperative without a power of attorney from the head of that legal person or by proxy of another member of that legal entity. 7. At the general meeting of the members of the cooperative, a member of the cooperative has the right to represent only one member of the cooperative, associate member of the cooperative with the right to vote, not more than three other associate members of the cooperative, eligible to vote. 8. The decisions of the general meeting of the members of the cooperative (s) shall be drawn up by a protocol, which shall be drawn up in the course of the assembly and shall be issued in at least three copies not later than ten days after the end of the meeting. The minutes of the general meeting of the members of the cooperative (the meeting of the commissioners) should contain the following information: 1) the name of the cooperative and information about its location; 2) the place, date and time of the general meeting members of the cooperative; 3) the date of the general meeting of the members of the cooperative and the date of submission of the materials attached to the agenda of the general meeting of the members of the cooperative; 4) the total number of members of the cooperative as of the date of the general meeting of the members of the cooperative, number present at the general meeting of the members of the cooperative and associate members of the cooperative with the right to vote. When holding a meeting of Commissioners-the number of elected delegates and the number of delegates present at this meeting; 5) the eligibility mark (illegality) of the general meeting of the members of the cooperative; 6) declared The agenda of the general meeting of the members of the cooperative; 7) the name, patronymic and the position of the person speaking at the general meeting of the members of the cooperative, and the main points of his statement; 8) the results of the voting on issues agenda of the general meeting of members of the cooperative, in this meeting. 9. The general assembly of the members of the cooperative is attached to: 1) the decision of the board of the cooperative, or the Supervisory Council of the Cooperative, or the initiative group of members of the cooperative or associate members of the convening of the cooperative members of the cooperative; 2) a list of members of the cooperative and having the right to vote of associate members of the cooperative who participated in the general meeting of the members of the cooperative. When holding a meeting of Commissioners, a list of the elected Commissioners and a list of Commissioners who participated in the meeting; 3) powers of attorney represented to the general meeting of the members of the cooperative, to the right of representation or protocols on the election of commissioners; 4) on the agenda of the general meeting of the cooperative members; 5) statements, suggestions and individual opinions to which the members of the cooperative and associated members of the cooperative are required to submit them to the general protocol of the assembly of members of the cooperative; 6) other cooperative statutes, internal documents (regulations) or a general meeting of the members of the cooperative. 10. Each of the three copies of the general meeting of the members of the cooperative shall be signed by the chair and the secretary of the assembly. The charter of the cooperative or the decision of the general meeting of the members of the cooperative may determine that the minutes of the assembly should be signed by the members of the cooperative's supervisory board and (or) the chairman of the cooperative and the members of the board Co-operative. If one of the persons who had to sign the general meeting of the members of the cooperative refused to sign it, it was obliged to indicate in the minutes of that meeting the reasons for their refusal. 11. The cooperative board, the cooperative supervisory board and the chief accountant of the cooperative should be kept under one copy of the general meeting protocol of the members of the cooperative. The board of the cooperative is obliged, at the request of a member of the cooperative or associate member of the cooperative, to familiarize them with the protocol of the general assembly of the members of the cooperative, or to issue them certified copies of the minutes of the meeting or of the extract from the record thereof Meetings, with the exception of information which is classified as a commercial secret by the general assembly of members of the cooperative, for a fee not exceeding the cost of making these copies or statements. 12. In the event that members of the cooperative or associate members of the cooperative applied for the failure of the general meeting protocol of the members of the cooperative or its incomplete membership, the statements should be considered at the nearest general meeting of the members. Cooperative. ". 16. (Spconsumed by Federal Law of 19.07.2009) N 205-FZ) 17. Article 26 should read as follows: " Article 26. The executive organs of the cooperative 1. The executive bodies of the cooperative are the chairman of the cooperative and the board of the cooperative. If the number of members of a cooperative is less than 25, the charter of the cooperative may only provide for the election of the chairman of the cooperative and his or her deputy. 2. The chairman of the cooperative, the cooperative's board is elected by the general assembly of members of a cooperative member of the cooperative for a term not exceeding five years. The chairman of the cooperative is a member of the board of the cooperative and presides over it. 3. The board of the cooperative, if not otherwise established, consists of three persons. 4. The competence of the cooperative's board includes the following issues: 1) the admission of members of the cooperative or associate members of the cooperative, withdrawal from members of the cooperative or associate members of the cooperative; 2) preliminary examination of the exclusion of cooperative members or associate members; 3) concluding contracts with associate members of the cooperative; 4) approval of size and form of the return of the cooperative, the establishment of the location of a land in the case of a cooperative leaving the cooperative; (5) forming the agenda of the general meeting of the members of the cooperative and convening it; 6) jointly with the Supervisory Board the cooperative of the decision to pay for the payev, dividends or cooperative payments, the granting of loans to members of the cooperative or associated members of the cooperative; 7) commission of the general meeting that is not within the competence of the General Assembly members of a transaction cooperative; 8) considered together with the cooperative supervisory board of the audit association concerning the audit of the cooperative and the identification of measures to address the detected violations; 9) approval of the market value of non-monetary contributions made by the cooperative as a mutual contribution; 10) the decision by a true Federal Act, the charter of the cooperative or the decision of the general assembly of the members of the cooperative to the competence of the board of the cooperative. 5. The executive board shall act on the basis of the charter of the cooperative and, if so provided by the constitution of the cooperative, provisions governing the cooperative board approved by the cooperative's supervisory board or the general assembly of members of the cooperative and establishing The dates, the convening and holding of meetings of the board of the cooperative, the decision-making process and the registration of the minutes of the board of the cooperative. The charter of the cooperative or the regulation of the cooperative may provide for the sharing of responsibilities among the members of the cooperative's board. 6. The cooperative's board meetings are held by the chairman of the cooperative, who signs on behalf of the cooperative's board the decisions and protocols of the cooperative board, if there is no cooperative charter or cooperative rule The signing of these documents by other members of the board of the cooperative. 7. The chairman of the cooperative, without power of attorney, acts on the basis of the decisions of the general assembly of members of the cooperative, the supervisory board of the cooperative and the board of the cooperative on matters falling within the competence of these bodies, and on other matters alone. on behalf of the cooperative. The Co-operative Chairperson represents the cooperative in the organs of state power, local authorities and organizations, administers the cooperative's property in accordance with the constitution of the cooperative, concludes contracts and issues Power of attorney, including with the right of trust, opens the accounts of the cooperative in banks and other credit institutions, carries out the reception and dismissal of employees of the cooperative, organizes their work, issues binding members of the cooperative, and employees of the cooperative have orders and orders, organize the execution The decisions of the general assembly of the members of the cooperative and the supervisory board of the cooperative and perform other functions not contrary to the charter of the cooperative for the benefit of the cooperative. 8. The charter of the cooperative may include the transfer of a number of powers of the chairman of the cooperative and board of the cooperative to the executive director on the basis of the employment contract concluded with him on behalf of the cooperative by the cooperative's supervisory board or, in his absence, the chairman of the cooperative on the basis of the decision of the general meeting of the members of the cooperative. 9. The remuneration of the chairman of the cooperative and the members of the cooperative's board shall be established by the general assembly of the members of the cooperative, depending on the volume of the production and other economic activities of the cooperative, as well as the amount of work performed by the cooperative Members of the board of the cooperative. 10. The cooperative is managed by the cooperative chairman and members of the cooperative board. In so doing, they must observe the restrictions laid down in this Federal Act and the charter of the cooperative. The chairman of the cooperative and members of the cooperative management are accountable to the cooperative's supervisory board and to the general assembly of members of the cooperative. 11. The chairman of the cooperative, or members of the cooperative's board, or the executive director of the cooperative may be released at any time from his or her duties upon the decision of the general meeting of the members of the cooperative convened in a certain manner. by the present Federal Law and the Charter of the Cooperative. 12. The body of the cooperative which has the right to convene a general assembly of members of the cooperative and propose to include the issue of early release from the post of the chairman of the cooperative or the executive director of the cooperative is an obligation for the assembly to be included in the agenda of the assembly. provide written justification for their proposals and at least 45 days prior to the general meeting of the cooperative members to forward these proposals for an opinion to an auditing union of which a member is a member in accordance with article 31 This Federal Act is a cooperative. 13. The conclusion of an audit alliance to justify early release from the post of chairman of the cooperative or the executive director of the cooperative should be read out at the general meeting of the members of the cooperative. The general meeting of the members of the cooperative is entitled to take into account or not to take into account the conclusion of the audit union, but it is not entitled to consider early release from the post of chairman of the cooperative or the executive director of the cooperative without the announcement at this meeting of the relevant audit opinion. 14. In cooperatives where, in accordance with paragraph 1 of this article, only the chairperson of the cooperative is elected, the powers and responsibilities of the board of cooperative defined by this Federal Law shall be exercised by the President Cooperative. ". 18. In article 28: , after the word "Responsibility", add the words "the chairman of the cooperative and"; , in paragraph 1, replace the word "Members" with the words "President of the cooperative and members"; to supplement paragraphs 6 to 8 , to read: " 6. A member of the board of the cooperative shall be relieved of responsibility if he was not present at the board meeting at which the decision was taken which resulted in the loss of the cooperative, or was present at the board meeting The cooperative in which the decision was taken, but voted against the decision or abstained from voting, which should be reflected in the minutes of the board meeting of the cooperative. 7. The chairman of the cooperative shall be liable for the members of the board of the cooperative. 8. The executive director of the cooperative shall be liable in the order and under the terms of the contract of employment concluded by the executive director with the cooperative. ". 19. In article 29: , in paragraph 1, the words ", unless otherwise established by the cooperative's constitution," shall be replaced by the words "shall consist of no less than"; paragraph 2 shall be amended to read: " 2. No remuneration for activities as a member of the supervisory board of the cooperative shall be permitted. The expenses incurred by a member of the supervisory board of the cooperative in the exercise of their powers shall be reimbursed on the basis of the decision of the general assembly of the members of the cooperative. "; to supplement paragraph 6 with the following: " 6. At the general meeting of members of the cooperative election or by-election of members of the cooperative's supervisory board, the chairman of the cooperative and members of the cooperative's board shall not be entitled to propose such candidates. ". 20. In article 30: , paragraph 1, after the words "the cooperative's board", add the words ", the chairman of the cooperative, shall conduct an audit of the activities of the cooperative" after the words "to demand that the board" be supplemented by the words " cooperative, the cooperative or the executive director of the cooperative ", to replace the word" about "with the words" about them "; paragraph 7, after the words" board of the cooperative ", should be supplemented with the words", the chairman of the cooperative or the executive director of the cooperative "; in paragraph 10 of the word "to be convened as soon as possible" delete, add the following sentence: " Within 30 days of the adoption of this decision, the Supervisory Board of the Cooperative is required to convene a general meeting of the members of the cooperative, which should cancel the decision of the Supervisory Board A cooperative or a new member of the board of the cooperative and (or) the chair of the cooperative. "; to supplement paragraph 12 with the following: " 12. In cooperatives where, under article 19, paragraph 1, of this Federal Law, the Supervisory Board of the Cooperative is not created, its powers and duties, as defined by this Federal Law, shall be exercised by a general assembly of members Cooperative. ". 21. In article 31: , in the title, replace the word "Audit" with the word "Audit"; add the following new paragraph 1: " 1. Audit Union-Union of Agricultural Cooperatives, which is licensed under the legally established procedure to audit and provide co-cooperatives to cooperatives and (or) cooperatives Audit of services. "; paragraph 1, read as paragraph 2; paragraph 2, read paragraph 3 as" firms "in paragraph 3 and replace the word" organizations "with" organizations "; paragraph 3 read as paragraph 4, and in the first sentence, after the words" union of cooperatives " in addition to the words " (with the exception of an audit union having the status of Russian ) ", after the words" by the court's decision "to be supplemented by the words", at the request of the authority conducting the State registration of the cooperative or of the authorized federal authority of the audit activity, or The prosecutor "; , paragraph 4, read paragraph 5 and restate it as follows: " 5. Audits are carried out by auditors who are employees of the audit union or by persons engaged by an audit union to work under civil law treaties. The number of auditors in the state of the audit union should be no less than the legislation required for audit organizations. "; paragraphs 5 and 6 shall be considered paragraphs 6 and 7 respectively; paragraph 7 should be considered as paragraph 8; and (...) (...) The Cooperatite, Cooperative Union, is obliged to formate its membership in another auditing union within 30 days. "; to supplement paragraphs 9 and 10 as follows: " 9. An audit union, which consists of at least 50 per cent of the constituent entities of the Russian Federation, cooperatives and (or) cooperative unions, and which has obtained, in accordance with the established procedure, authorization to use the words "Russian", has the status of a Russian audit union. 10. Other audit organizations serving the organizations of the agro-industrial complex may be members of the audit union with the right to vote. The membership fees, rights and duties of such members shall be established by the constituent instruments of the audit union. ". 22. In article 32: In the title, replace the word "Audit" with the word "Audit"; , in paragraph 1, replace the word "audit" by the word "audit", after the word "cooperative" with the words ", the cooperative union", the word "it" Replace "them"; , paragraph 2, amend to read: " 2. The compulsory audit of the cooperative, the union of cooperatives is carried out by the auditing union, which includes the cooperative, cooperative union, once every two financial years, credit, insurance cooperatives and cooperatives, the sum the balance of whose assets at the end of the reporting year exceeds 100,000 times the minimum wage established by the federal law-each fiscal year. "; , in paragraph 3, replace the word" audit "with the word" audit "; In paragraph 4, the word "audit" should be replaced by the word "audit", after the word "audit". "cooperative" with the words ", the cooperative union"; , in paragraph 5, replace the word "audit" with the word "cooperative" with the words ", the cooperative union", add the following sentence: " an audit alliance for the organization and conduct of the assembly is 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" audit "should be replaced by the word" audit " in the appropriate puddah by the word "audit" in the relevant paedages, after the word "cooperative" with the words ", the Union of Cooperatives", the word "which" should be replaced by the word "cooperative" after the word "cooperative"; the word "cooperative" should be replaced by the word "cooperative"; , in paragraph 8, after the word "cooperative"; "Cooperatives" should be supplemented with the words ", the Union of Cooperatives", the word "auditing" replaced by the word "audit". 23. In article 33: In the name of the word "audit", replace the word "audit"; paragraph 1 after the word "cooperative" with the words ", the cooperative union", the word "audit" replaced by the word "audit", after the word "audit" "cooperative" should be supplemented by the words ", the 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", supplemented by the words ", the cooperative union". 24. In article 34: second sentence of paragraph 1, amend to read: "The share of the credit in the property of the cooperative is established by its charter."; , in paragraph 2, the words "members of the cooperative" are deleted; in paragraph 3 The words "its members" should be deleted. 25. In article 35: in the name of the word "members" to be replaced by the words "and the trust fund"; (Paragraph third is no longer in force-Federal Law from 03.11.2006 N 183-FZ) In paragraph 2, the word "organizational" deleted; in paragraph 5, the words "subject to independent expert review" should be replaced by "independent appraiser"; 9, paragraph 9, after " Net assets "to be supplemented by the words" non-undivided funds ", the words" mandatory financial contributions "should be replaced by the words" members of the cooperative's members ' cooperative contributions "; , in paragraph 10, "Mandatory" should be deleted. 26. Article 36 should read as follows: " Article 36. Profit and loss of the cooperative 1. The profit of the cooperative, defined by the balance of accounts, is distributed as follows: 1) for the settlement of overdue debts; 2) to the reserve fund and the co-operative charters of the cooperative; (Paragraph 6 has lost its power-Federal Law of March 3, 2006). N 183-FZ) 4) to the payment of the additional dividends due by the members and mutual contributions of associate members of the dividend co-operative, the total amount of which should not exceed 30 per cent of the profits of the cooperative (...) (...) 2. Cooperative payments between members of a production cooperative are distributed in proportion to their work in the cooperative for a year, among members of the consumer cooperative, in proportion to their share in the cooperative's economic activities. 3. Cooperative payments are used in the following order: 1) at least 70 per cent of co-operative payments are made to supplement the burnout member of the cooperative; 2) the balance of co-payments is paid to the member Co-operative. 4. The funds credited to the pines are used in: 1) creating and extending the production and other funds 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 in accordance with the remuneration of the members of the production cooperative. 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 cooperative, losses are covered by the procedure provided for in article 37, paragraph 3, of this Federal Act. 8. The distribution of the profit and loss of the cooperative shall be approved at the general meeting of the members of the cooperative within three months after the end of the financial year. ". 27. In article 37: , in paragraph 2, replace the words "0.5 per cent of the mandatory share" with the words "5 per cent of its share"; , in paragraph 6, replace the words "member of the production" with the words "member of the cooperative or associate member"; Replace the word "member" with the words "a member of a cooperative or associate member"; paragraph 7, add to the following paragraphs: " The rule referred to in the first paragraph of this paragraph with respect to the property of the cooperative may not be reprimanded, not subject to collateral A cooperative as enforcement of the obligations of a cooperative, if: A pledge of the property of the cooperative was based on the decision of the general meeting of the members of the cooperative, which was adopted by at least two-thirds of the total the number of members of the cooperative and the cooperative's charter provides for subsidiary liability of members of a cooperative in the amount of not less than 20 per cent of their share; Federal budget or the budget of the constituent entity of the Russian Federation "Agricultural producers are entitled to recover part of the costs of interest and other preferential loans, under which the subsidies are made at the expense of the federal budget or the budget of the subject of the Russian Federation." 28. In article 38: , amend the name to read: " Article 38. Cooperatives "; add to paragraphs 3 to 7 as follows: " 3. Cooperatives not related to the alienation of land and the basic means of production of a cooperative or acquisition, by an amount of up to 10 per cent of the total value of the cooperative's assets, net of the value of the cooperative land plots and the main means of production of the cooperative are made by decision of the board of the cooperative, from 10 to 15 per cent, on the decision of the supervisory board of the cooperative, between 15 and 20 per cent, on the joint decision of the board of the cooperative and the supervisory council of the cooperative or at the decision of the general assembly of the members of the cooperative, over 20 per cent, by decision of the general assembly of the members of the cooperative. 4. A cooperative, the second of which is the chairman of the cooperative or the executive director of the cooperative, members of the cooperative's board or the supervisory board of the cooperative, their spouses and immediate relatives or owners of the paja, the size of the cooperative which is more than 10 per cent of the cooperative's mutual fund, is considered to be a conflict of interest. The transaction is recognized and a transaction in which no less than 10 per cent of the members of the cooperative or at least 20 per cent of associate members of the cooperative on their applications in writing perceive the property interest of the said persons not the same with the legitimate interests of the cooperative. 5. The persons referred to in paragraph 4 of this article are required to bring to the attention of the general meeting of the members of the cooperative and the audit union of which the cooperative is a member, information on: legal persons, 10% and more of the voting rights shares (shares, shares) of which they own separately or in conjunction with their affiliated person or their affiliated persons; legal persons, of which they are members, and peasant (farm) holdings, the members or chapters of which they are; The alleged transactions they are aware of and in which they may be interested. 6. Decisions to deal with the transactions of a cooperative in which a conflict of interest is present are taken at a joint meeting of the cooperative board and the cooperative's supervisory board by unanimous approval by the general assembly of cooperative members Not less than two thirds of the vote. 7. A transaction in which a conflict of interest is present may be made subject to the 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 "audit". In article 40: , the first sentence of paragraph 4 is supplemented by the words " which the production cooperative is required to lead to each member of the cooperative as well as to each worker of the cooperative for whom work in the cooperative is Main "; add to paragraphs 8 and 9 as follows: " 8. The chairman of the cooperative, members of the cooperative board and members of the cooperative's supervisory board may only be disciplined by a general meeting of the members of the cooperative. 9. A member of the supervisory board of a production cooperative may be exempted from basic work in a cooperative without its consent only by the decision of the general assembly of the members of the cooperative. ". 31. Chapter VII is supplemented by article 40-1, as follows: " Article 40-1. Credit cooperatives features 1. A financial assistance fund, which is the source of loans to members of the credit cooperative, should be established in the credit cooperative. 2. The financial assistance fund is formed at the expense of a part of the credit cooperative's own funds and the funds attracted by the credit cooperative in the form of loans received from members of the cooperative, associate members, credit and other members of the cooperative organizations. The loans are made in cash only. The size of the financial assistance fund, the order of its formation and use is determined by the credit cooperative's charter, the decisions of the general meeting of the members of the credit cooperative. 3. The free fund balance of the financial assistance fund for the general meeting of the members of the credit cooperative may be transferred on the basis of a loan agreement to the financial assistance fund of a loan cooperative at a later level or to be used a credit cooperative for the purchase of government and municipal securities or to be transferred to banks. 4. Transfer of non-contributory funds by members of the credit cooperative and associate members of the credit cooperative to the credit cooperative is arranged in writing by a loan agreement. 5. The loan contract may be interest-free and interest-free. The interest-free loan agreement is free to conclude only on the basis of the decision of the general meeting of the members of the credit cooperative. 6. A credit cooperative may, in accordance with its charter and decisions of the general meeting of credit cooperative members, provide its members and associate members of the credit cooperative with other relevant business objectives Services. 7. Credit co-op does not have the right: to issue loans to citizens or legal entities other than members of a credit cooperative; emulate their own securities; to buy stocks and other securities issuers, perform other operations on financial and stock markets, except for holding funds in current and deposit accounts in banks and purchases of state and municipal securities. 8. The interest paid by the credit cooperative for the use of funds held in the form of loans received from its members and associate members is determined by the credit cooperative's board in accordance with the credit provision. A cooperative on loans approved by the general meeting of the credit cooperative members. The amount paid by the credit cooperative to its members and associate members as a percentage of their loans is included in the credit cooperative's expenses. 9. The credit cooperative is required to: form a contingency fund to provide for contingencies; to insure the risk of not returning a borrower's death or disability. 10. The charter of the credit cooperative shall contain, in addition to the particulars referred to in article 11 of this Federal Act, the following particulars: conditions and procedure for issuing loans to credit cooperatives to their members; conditions and order Credit cooperatives receive loans from their members and associate members. 11. The charter of the credit cooperative or the decisions of the general meeting of the members of the credit cooperative shall set out the regulations for its financial activities and the limitation of the ratio: the size of the mutual fund and the size of the reserve fund; equity of the credit cooperative and its balance; credit cooperative balance assets and its current liabilities; maximum loan size granted to one borrower and assets of credit Cooperative; value of the temporarily free fund balance of the Mutual assistance, which could not be more than 50 per cent of the fund. 12. The credit cooperative is responsible for its obligations to the members of the credit cooperative and associated members of the credit cooperative, on the basis and in the manner provided for by this Federal Act, by other federal states. The laws and statutes of the credit cooperative. 13. The State regulation of the activities of credit cooperatives and their unions shall be carried out by the authorized federal executive body which takes normative legal acts in accordance with the requirements of this Federal Law. " 32. In paragraphs 2, 7 and 9 of article 41, the words " and (or) peasant (farm) farms shall be deleted. 33. In article 42: , in paragraph 2 (4), replace the words "the law of the Russian Federation" with the words "by this Federal Law and other federal laws"; to supplement paragraphs 5 and 6 with the following: " 5. In the event of the insolvency (bankruptcy) of the cooperative established by law, the cooperative's board must: submit a request for a review of the financial and economic activities of the cooperative in an auditing union of which the cooperative is a member; to acquaint the supervisory board of the cooperative with the conclusion of the audit alliance on the results of the financial and economic activity of the cooperative; Insolvency (bankruptcy) Co-operative. 6. In the event that the cooperative and the supervisory board of the cooperative have adopted the decision to apply to an arbitral tribunal with a declaration by the debtor that the cooperative is declared bankrupt or in the case of an application by the insolvency representative or the commissioners in an arbitral tribunal with a declaration that the cooperative's supervisory board or cooperative board is obliged to convene a general meeting of the members of the cooperative, on which the members of the cooperative are obliged to acquaint members of the cooperative and which have the right to vote of associate members with an audit certificate The Union on the results of the audit of the financial and economic activities of the cooperative and the reasons that led the cooperative to bankruptcy; to elect a member of the cooperative in the bankruptcy proceedings of the cooperative; adopt a plan of action to protect the legitimate interests of members of the cooperative, associate members and cooperative workers. ". 34. In 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. In article 44: in paragraph 2, the word "auditing" should be replaced by the word "audit"; , in paragraph 4, replace the words "by" with the word "pay"; associated members. " 36. In article 48: paragraph 6, should be deleted; paragraph 7 should be read as paragraph 6. Article 2. The statutes of agricultural cooperatives, unions of agricultural cooperatives shall be brought into conformity with the requirements of this Federal Law within one year from the date of entry into force. The statutes of agricultural cooperatives, unions of agricultural cooperatives, before the harmonization of the rules of this Federal Law, shall be applied in a way that is consistent with these rules. President of the Russian Federation Vladimir Putin Moscow, Kremlin 11 June 2003 N 73-FZ