The Housing Savings Cooperatives

Original Language Title: О жилищных накопительных кооперативах

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RUSSIAN FEDERATION FEDERAL LAW On Housing Cooperatives adopted by the State Duma on December 22, 2004 Approved by the Federation Council on December 24, 2004 class="ed">(In the federal laws of 16.10.2006) N 160-FZ; of 23.07.2008 N 160-FZ; dated 30.11.2011. N 362-FZ; dated 23.07.2013 N 251-FZ; dated 13.07.2015 N 231-FZ Chapter 1. General provisions Article 1. The relationships governed by this Federal Law 1. This Federal Law defines the legal, economic and organizational basis of housing cooperatives ' activities to attract and use money from citizens-their members for the purchase or construction of housing units. premises in the territory of the Russian Federation, for the purpose of transferring them to and after the payment of the full amount of mutual contributions to the members of housing savings cooperatives, as well as establishing guarantees for the protection of rights and legitimate interests Citizens of housing cooperatives. 2. This Federal Act sets out the legal status of housing cooperatives, the rights and duties of their members, the procedure for the establishment, reorganization and liquidation of housing cooperatives, as well as the manner in which they are implemented. Activities to attract and use citizens ' funds for the purchase of accommodation. 3. Citizens ' participation in the formation of the property of legal persons, including the formation of their statutory (stacking) capital or equity funds by making money or other property that entails the assumption of these legal entities. (a) The right of the child to education in the country; Article 2: Basic concepts used in this Federal Law For the purposes of this Federal Law, the following basic concepts are used: 1) housing savings cooperative (down In addition, a cooperative is a consumer cooperative, established as a voluntary association of citizens on the basis of membership to meet the needs of the members of the cooperative in the living quarters by joining the members of the Co-operative Cooperative; Activities of the Cooperative on attraction and use Citizens ' funds for the purchase of accommodation (hereinafter also the cooperative activity)-the attraction and use of money by the cooperative's citizens, members of the cooperative and other cooperative funds acquired by the cooperative, or Construction of dwellings (including in multi-apartment buildings) for the purpose of transferring them to the full extent of the property of the members of the cooperative; 3) a dwelling or dwelling house, OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4) a financial contribution-money that is made by a member of the cooperative in order and within the time required by the form of participation of a member of the cooperative in the activities of the cooperative in attracting and using money for citizens The acquisition of accommodation, which shall be determined in accordance with the provisions of this Federal Act. The share of the contribution may include the income earned by the cooperative from its business activities and distributed among the members of the cooperative in proportion to their shares; 5) admission and membership fees A one-time citizen's contribution to the costs of forming a cooperative and a member of the cooperative; 6) membership fees shall be paid periodically by a member of the cooperative to cover the costs, implementation of the charter of the cooperative activities, except for the activities of the cooperative on attracting and using citizens ' money for the purchase of accommodation; 7) an additional contribution-money contributed by a member of the cooperative to cover losses cooperatives; 8) the papal portion of the contribution made by a member of the cooperative on a certain date; 9) fall-the percentage of the member of the cooperative in the cooperative's equity fund; 10) the Co-operative Fund of the Cooperative- Number of members ' apacals; 11) valid Cost of the share of the value of the net worth of the cooperative, proportional to the size of the share; 12) the form of participation of a member of the cooperative in the activities of the cooperative to attract and use citizens for the purchase of accommodation (hereinafter referred to as the form of participation in the activities of the cooperative)-the procedure for members of the cooperative to contribute to the cooperative's membership of the cooperative in accordance with the requirements of this Federal Act for the selection of one of the Members of the cooperative. Article 3. Basic Provisions on Housing Savings Cooperatives 1. With the exception of the activities provided for in this Federal Law, the housing savings cooperative is not entitled to any other activity. 2. The name of the housing cooperative must contain the words "housing savings cooperative". Legal persons who do not meet the requirements of this Federal Act are not entitled to use the words "housing savings cooperative" in their names. 3. The Cooperative has property, which is taken into account on its own account, and may acquire and exercise property and personal non-property rights in its own name, be liable to be the plaintiff and the defendant in court. The property of the cooperative is derived from the paev and other contributions of the members of the cooperative, the income obtained by the cooperative from the entrepreneurial activity which serves the purposes for which the cooperative is established and corresponds to these ends, voluntary donations and other sources not prohibited by law. 4. The Cooperative is considered to be a legal entity from the date of incorporation into a single public register of legal entities. The Cooperative shall be established without limitation of the duration of the activity, unless otherwise stipulated by its statute. 5. The relationship between a cooperative and its members arises on the basis of membership in the cooperative, in accordance with the requirements of the Civil Code of the Russian Federation, of this Federal Act, adopted in accordance with the regulations of the law OF THE PRESIDENT OF THE RUSSIAN FEDERATION (In the wording of the Federal Law of 23.07.2013 } N 251-FZ) 6. A cooperative cannot be in a contractual relationship with members of the cooperative that establishes, modifies or terminates civil rights and obligations relating to the operation of the cooperative, and The use of funds by citizens for the purchase of accommodation. 7. The cooperative has the right to open accounts in banks located in the territory of the Russian Federation. 8. The cooperative should have a round seal containing its full title in Russian and indicating the location of the cooperative. The printing of a cooperative may also contain its trade name in any language of the peoples of the Russian Federation and (or) of the foreign language. The Cooperative has the right to have stamps and forms with its name, its own emblem and other means of individualization. 9. The Russian Central Bank is obliged to provide the Bank of Russia with electronic documents, as well as the possibility of receiving electronic documents from the Bank of Russia in accordance with the procedure established by the Bank of Russia. (Part of the addition is the Federal Law of 13 July 2015. N 231-FZ) Article 4. The responsibility of the cooperative 1. The cooperative is in charge of all property belonging to it. 2. The cooperative does not meet the obligations of its members. Article 5. Cooperatives 1. A member of a cooperative may be a citizen who has reached the age of 16. Admission of a citizen to a member of a cooperative shall be effected on the basis of his application in writing in accordance with the procedure established by the present Federal Act and the charter of the cooperative. 2. The cooperative is required to maintain a register of members of the cooperative in which the following information must be provided: 1) the name, surname, patronymic of the member of the cooperative; 2) passport data or other identification of the member of the cooperative Document; 3) the postal address, telephone numbers, email address of the member of the cooperative; 4) the form of participation in the activities of the cooperative; 5) other information provided by the charter of the cooperative. 3. A member of the cooperative is obliged to inform the executive body of the cooperative in a timely and appropriate time of the alteration of the information provided for in Part 2 of this Article. If a member of the cooperative is not provided with information about the change in the particulars, the cooperative shall not be liable for any damages caused by it. 4. The number of members of the cooperative may not be less than fifty persons and more than five thousand persons, unless otherwise stipulated by this Federal Law. 5. Membership in a cooperative occurs after the relevant information about a citizen who has applied for membership in a cooperative is entered into a single public register of legal persons in the manner provided for by this Federal Act and the Federal Act. Law of 8 August 2001 No. 129-FZ "On State Registration of Legal Persons and Individual Entrepreneurs" (hereinafter the Federal Law "On the State Registration of Legal Persons and Individual Entrepreneurs") State registration of legal entities and individual "), from the date of the introduction by the citizen of the entrance fee and the first payment of the contribution. 6. The basis for the inclusion of the applicant for membership in the cooperative is the decision of the authorized statutory cooperative of the cooperative body. 7. The Federal Executive, which is authorized to register legal persons, within one working day after the date on which the applicant for membership of the cooperative application has been submitted to a single person The State register of legal persons shall issue a document to the cooperative confirming that the relevant information has been entered into a single State register of legal entities. The form and content of such a document shall be established by the Government Plenipotentiary of the Russian Federation by the Federal Executive. href=" ?docbody= &prevDoc= 102090475&backlink=1 & &nd=102123577 "target="contents" title= " > from 23.07.2008 N 160-FZ) 8. The cooperative upon request of a citizen who has applied for membership in a cooperative shall be obliged to give him a copy of the document provided for in part 7 of this article, certified by the cooperative's seal and signed by the authorized official of the cooperative. 9. The application of the applicant for membership of the cooperative, the admission fee and the first instalment payment is made after the introduction of the deposit into a single public register of legal entities. 10. In the event of a citizen's failure to make an entrance fee or the first payment of a per cent contribution within three months from the date of submission of the relevant information to the single State register of legal persons, the single executive body A cooperative is obliged to send to the federal executive authority authorized to carry out the State registration of legal entities, a declaration of cancellation of information about a citizen who has applied for membership in a cooperative, A single State Register of Legal Persons. This application shall be sent by the sole executive body of the cooperative within three working days after the end of the period. The federal executive authority, which is authorized to register legal entities, reports the annulment of relevant information in the single State Register of Legal Persons to the Cooperative and the applicant Admission of a citizen to a member of a cooperative within one working day following the cancellation of such information. Article 6. Responsibility of the members of the cooperative 1. A member of the cooperative shall be liable for its obligations to the cooperative on the grounds and in the manner prescribed by this Federal Law and other federal laws. 2. The members of the cooperative bear the risk of loss associated with the activities of the cooperative, within the limits of their papidation. 3. The members of the cooperative are responsible to the cooperative for the breach of the obligations of the papal and other contributions. The size of the penalty for breach of the obligation to make these contributions is determined by the charter of the cooperative and may not exceed one three-hundred-hundredth per day of the refinancing rate of the Central Bank of the Russian Federation for each day Contributions overdue. The non-liquidated obligation for the payment of the obligation to contribute and other contributions shall be calculated from the day following the date on which the contributions are made, on the date of the payment by the members of the cooperative, unless otherwise established in order to accrue the liquidated damages The charter of the cooperative. Article 7. The rights of members of the cooperative 1. Members of the cooperative have the right: 1) to participate in the management of the cooperative and be elected to its organs; 2) to use all the services provided by the cooperative; 3) to choose the form of participation in the activity Coop; 4) consent to the acquisition or construction by a cooperative of a dwelling in accordance with the requirements specified in the statement of the member of the cooperative and taking into account the form of participation chosen by the co-operative; 5) to receive a living room from the cooperative in order, under this Federal Law; 6) to benefit from the benefits provided for the members of the cooperative by the cooperative charter and cooperative decisions taken within their competence; 7) to participate in the distribution of income earned by a cooperative from its own business, in accordance with the procedure established by this Federal Law; 8) to receive from the cooperative bodies Information on the activities of the cooperative in the order and scope of are provided for in this Federal Law and the Statutes of the Cooperative; 9) to pass on to another member of the cooperative or to a third party who may not be refused admission to the cooperative; 10. 11) to obtain, upon termination of the membership, the actual value of the paas determined in accordance with this Federal Law; 12) to appeal against the decisions of the general meeting of the members of the cooperative and executive board; 13) to obtain a dwelling under the procedure established by this Federal Law; 14) to acquire the other rights provided for by this Federal Act, other federal laws and the charter of the cooperative. 2. A member of the cooperative has the right to impose requirements on the cooperative relating to the quality of the dwelling being transferred to and after the payment of the full amount of the social contribution to the member of the cooperative, as well as the quality of the work to be performed, and (a) The accounts of the United Nations are made a contribution to the work of the Conference. This requirement shall be enforced by the cooperative in accordance with the procedure established by the charter of the cooperative. Article 8. The duties of the members of the cooperative Members of the cooperative are obliged: 1) to comply with the constitution of the cooperative, to implement the decisions taken by the cooperative bodies within their competence, to perform their duties and to take responsibility, provided by this Federal Law, other federal laws and the charter of the cooperative; 2) to make timely payments and other contributions in accordance with the regulations of the cooperative and the decisions taken by the board of the cooperative in within the limits of its competence; 3) not to impede the exercise of rights and Other members of the cooperative and cooperative bodies; 4) perform other duties under this Federal Act, other federal laws and the charter of the cooperative. Article 9. Discontinuation of membership in the cooperative 1. The membership of the cooperative ends in the case of: (1) voluntary withdrawal from the cooperative; 2) excluding a cooperative member from the cooperative; 3) handing over to another member of the cooperative or to a third party; 4) The death of a member of the cooperative, declaration by the member of the deceased in the manner prescribed by the federal law; 5) for the recovery of the levy; (6) a member of the cooperative's contribution in full and on the transfer of the appropriate housing the ownership of a member of the cooperative if a member of the cooperative is not present Other paraacoplations and others are not provided for by the cooperative charter; 7) the liquidation of the cooperative, including in connection with its bankruptcy. 2. Termination of membership in a cooperative shall not release the member of the cooperative from the arising prior to the application for withdrawal from the cooperative, with the exception of the financial contribution. 3. Upon termination of membership in a cooperative on the basis laid down in paragraph 4 of part 1 of this article, the heir of the deceased cooperative member shall have the right to be admitted as a member of the cooperative. In the case of the deceased member of a cooperative who has died, the heir who has the right to be admitted to membership in the cooperative is determined by agreement between the heirs or a court decision. In the event that none of the heirs did not exercise the right to be admitted to the cooperative, the co-operative shall pay the heirs to their heirs, in accordance with the hereditary shares of the share of the effective value of the pay, in the order and in the time frame are established by article 32 of this Federal Law and by the charter of the cooperative. A heir who has not become a member of the cooperative is entitled to receive from the heir who became a member of the cooperative, proportionate to his inheritance share of the amount of the effective value of the payout, including the payment of an appropriate sum of money. The period of payment of compensation shall be determined by agreement between the heirs or in the absence of such an agreement by the court, but may not exceed one year from the date of the opening of the inheritance. 4. Upon termination of the membership of the cooperative on the grounds provided for in paragraphs 1 and 2 of Part 1 of this Article, the retiring member is entitled to obtain the effective value of the post in the order and within the time limits provided for by this Federal Law and/or the statute of the cooperative. 5. Membership in a cooperative shall cease from the date of entry into a single State register of legal persons in the manner provided for by this Federal Act and Federal Law "About state registration of legal entities and individual entrepreneurs". The basis for the entry into a single State register of legal entities is the decision of the authorized charter of the cooperative's cooperative and, if the member of the cooperative is excluded from the cooperative or to the payment of a collection a member of a cooperative -- a decision or a court ruling. Article 10. Elimination of cooperative member from cooperative 1. A member of the cooperative may be excluded from the cooperative based on the decision of the general meeting of the cooperative members in the case of: (1) the repeated default of duties established by this Federal Law and (or) Statutes of the cooperative, or inability of the cooperative to carry out its activities or significantly hinder its implementation through actions (inaction) of a member of the cooperative; 2) systematic violation of the order of incorporation and other contributions. The systematic violation of the order of payment or other contributions shall be deemed to be a violation of the timing or payment of contributions more than three times within twelve months, even if every delay or the size of each underpayment is insignificant, or Single delay of payments and other contributions for more than three months. 2. In a cooperative of more than two hundred people, the cooperative's charter may stipulate that the decision to exclude a member of a cooperative member from a cooperative member's board on the grounds specified in part 1 of the present The articles may be accepted by the board of the cooperative. 3. In the event of an exception from a cooperative member to whom the cooperative transferred the use of a dwelling, such a member of the cooperative before the court's decision to exclude it is entitled to make the remainder of its contribution. Article 11. Charter of the Cooperative 1. The Cooperative operates on the basis of a statute that is approved by the general assembly of members of the cooperative. The changes to the constitution of the cooperative are made by decision of the general assembly of the members of the cooperative. 2. The cooperative charter should include: 1) the name of the cooperative and its location; 2) the object and purpose of the cooperative; 3) the procedure for admission and termination of membership in the cooperative Cooperatives, including how to exclude a cooperative member from the cooperative; 4) how to determine the size, composition and order of the papal and other contributions; 5) liability of members of the cooperative for breaches of obligations the incorporation of the provisions of the Covenant and the other articles of the Constitution (a cooperative of the contribution; 6) the order of the member of the cooperative to pay the effective value of the membership of the cooperative; 7) the rights and obligations of the members of the cooperative; 8) the rights and responsibilities of the cooperative its members; 9) the structure and competence of the cooperative bodies, how they are created, their decision-making procedures, including on matters that are decided unanimously or by a qualified majority; 10) Sources of property development and use Cooperative organization; 11) cooperative foundations; 12) how members of the cooperative should be covered by the cooperative; 13) how cooperative bodies can provide information to members of the cooperative and The responsibility for its failure to provide; 14) the procedure for holding regular and extraordinary external checks on the financial activities of the cooperative; 15) information about the branch and representation of the cooperative; 16) reorganization and liquidation of the cooperative; 17) other The provisions of this Federal Act. 3. The Charter of the cooperative may also contain other provisions that are not contrary to the legislation of the Russian Federation governing the establishment and operation of the cooperative and its organs, including restrictions on the participation of close relatives in Activities of the cooperative bodies. Chapter 2: Creating, Reorganizing, and Eliminating Cooperatives Article 12. The formation of the cooperative Cooperatives is created at the initiative of at least fifty people and not more than five thousand people. State registration of the cooperative is carried out in the manner determined by the Federal Law " On State Registration of Legal Persons and Individual entrepreneurs ". Article 13. Reorganization of the cooperative 1. The Cooperative may be voluntarily or forcibly reorganized in the manner prescribed by this Federal Law. The reorganization of the cooperative may take the form of fusion, accession, division, selection or transformation. 2. The housing savings cooperative can only be transformed into a housing cooperative, a housing cooperative or a homeowner's partnership. The housing savings cooperative may be converted into a legal entity of another organizational and legal form only in cases provided for by federal laws. 3. The voluntary reorganization of the cooperative is carried out in accordance with the decision of the general meeting of the members of the cooperative in the order established by the The Code of the Russian Federation, the Federal Law and other federal laws. 4. In the event that the number of members of the cooperative exceeds the limit established by this Federal Law, the cooperative is subject to compulsory reorganization in the form of separation or allocation at the request of the federal executive The authorities responsible for the State registration of legal entities or the Bank of Russia. The Bank of Russia suspends the operation of the cooperative to raise money for new members of the cooperative and to use these funds during a period of forced reorganization. (In the wording of the Federal Law of 23.07.2013 } N 251-FZ) 5. When a cooperative is reorganized, its rights and obligations are transferred to the legal successor of the cooperative, in accordance with the transfer act or the dividing balance of the cooperative, which must contain provisions on succession to all obligations the restructured cooperative in respect of all its creditors and debtors. If the dividing balance of a cooperative does not provide an opportunity to determine its successor, the newly created legal entities shall be jointly and severally liable for all the obligations of the reorganized cooperative to its creditors. 6. The act or division balance of the cooperative is approved by the general assembly of the members of the cooperative and is presented together with the constituent documents for the State registration of new legal entities or amendments to the constitution Co-operative. 7. A member of the reorganized cooperative becomes a member of one of the newly created cooperatives in the order established by the decision to reorganize the cooperative, adopted by the general assembly of the members of the cooperative, and in the event of the separation or separation of the cooperative The decision of the court in accordance with its decision. 8. Not later than thirty days from the date of the decision on the reorganization of the cooperative in the form of separation, separation or conversion, and in the reorganization of the cooperative in the form of a merger or accession no later than thirty days from the date of adoption the decision of the latter of the cooperatives involved in the merger or accession, the cooperative is required to inform the cooperative's creditors in writing and publish it to the press, in which state registration data is published Legal entities, communication of the decision taken. At the same time, the creditors of the cooperative within thirty days from the day of the notification or from the day of publication of the decision are entitled to demand early termination or performance of the relevant obligations in writing Cooperatives and damages. 9. The cooperative is considered to be reorganized from the date of the State registration of the newly created cooperative, except in cases of reorganization of the cooperative in the form of accession. In the reorganization of a cooperative in the form of joining another cooperative, the first one is considered to be reorganized from the date of entry into a single public register of legal entities of the recording of the termination of the activities of the affiliated cooperative. 10. State registration of cooperatives created as a result of the reorganization of cooperatives and the introduction into a single public register of legal entities of records of the termination of the activities of reconstituted cooperatives shall be carried out only on the basis of a submission evidence of the notification of creditors in the manner prescribed in Part 8 of this Article. State registration of cooperatives established as a result of the reorganization of cooperatives and the introduction into a single public register of legal entities of records of the termination of the activities of the reorganized cooperatives are carried out in the manner prescribed by the Federal Act. The Law on State Registration of Legal Persons and Individual Entrepreneurs. Article 14. Elimination of the cooperative 1. The Cooperative may be liquidated either voluntarily or by a court order in accordance with the requirements of this Federal Act, other federal laws and the charter of the cooperative. The elimination of the cooperative entails the termination of its activities without the transition of the rights and responsibilities of the co-operative to other persons. 2. The body of the cooperative empowered to decide on its voluntary liquidation and on the appointment of a liquidation commission shall be a general assembly of members of the cooperative. 3. The Bank of Russia is entitled to submit a claim to the court for the liquidation of the cooperative in case of repeated or gross violation of the provisions of this Federal Law, as well as in other cases provided for by this Federal Law. (In the wording of the Federal Law of 23.07.2013 } N 251-FZ 4. Since the appointment of the liquidation commission, it has been given full authority to administer the affairs of the cooperative. The Liquidation Commission, on behalf of the dissolved cooperative, acts in court. 5. A member of the cooperative to which the cooperative has provided accommodation, pending the approval of the interim liquidation balance, shall be entitled to make the remaining part of his or her contribution. 6. In the event of the elimination of the cooperative, a mandatory assessment of the property (movable and immovable property, rights of the claim, debt) of the dissolved cooperative under the laws of the Russian Federation regulating evaluation activities shall be undertaken. The assessment should be preceded by the approval of the interim liquidation balance. The Liquidation Commission, upon request by members of the cooperative, is required to provide them with an assessment report on the property of the cooperative dissolved. 7. The interim liquidation balance and the final liquidation balance are approved by the general assembly of the members of the cooperative in agreement with the Bank of Russia. (In the wording of Federal Law dated 23.07.2013. N 251-FZ) 8. The property of the cooperative that remains after the creditors ' claims is satisfied is distributed among the members of the cooperative in proportion to their shares. Article 15. Register of housing cooperatives 1. Bank of Russia operates a register of housing accumulative cooperatives based on information provided by the federal executive authority authorized to carry out State registration of legal entities. and cooperatives. (In the wording of the Federal Law of 23.07.2013 } N 251-FZ) 2. The register of housing cooperatives contains the following information: 1) full and (if there is a) abbreviation of the cooperative in Russian; (2) location, and the address of the permanently operating The executive body of the cooperative, which is connected to the cooperative; 3) information about the members of the cooperative; 4) name, first name, patronymic and position of the person entitled to act without power of attorney Cooperative society, as well as passport data of such person or of the other The identity of the document in accordance with the legislation of the Russian Federation, the identification number of the taxpayer (if available); 5) information on the branch and representation of the cooperative; 6) termination information The activities of the cooperative, including the manner of discontinuing its activities; (7) information on persons who are the sole executive body of the cooperative, members of the board of the cooperative and members of the collegiating executive body of such persons, as well as the exclusion of such persons from their The reasons for the suspension. 3. Federal executive authority, authorized to exercise State registration of legal entities within a period not later than five working days from the date of the State registration of the cooperative and (or) the introduction into a single State The register of legal entities of the changes relating to the information about the cooperative represents the information specified in paragraphs 1 to 6 of Part 2 of this Article in the Bank of Russia . (In the wording of the Federal Law of 23.07.2013 } N 251-FZ 4. A cooperative within five working days from the day of the adoption of the relevant decisions represents in the Bank of Russia information about persons elected or appointed to the posts of the sole executive organ of the cooperative, Members of the board of the cooperative or members of the collective executive body of the cooperative, as well as information on the removal of such persons from their positions, indicating the reasons for their suspension. (In the wording of the Federal Law of 23.07.2013 } N 251-FZ) 5. The procedure for maintaining the register of housing cooperatives is set by the Bank of Russia. (In the wording of Federal Law dated 23.07.2013 N 251-FZ Chapter 3. Basic Provisions on the Activities of the Cooperative on attracting and using money to buy accommodation Article 16. The main features of the activities of the Cooperative on attracting and using money from citizens for the purchase of residential premises 1. In carrying out activities to attract and use funds of citizens for the purchase of living quarters, the right: 1) to attract and use money from citizens for the purchase of residential premises; 2) to invest in housing (including in multi-apartment buildings) as well as to participate in the construction of housing as a developer or contributor of construction; 3) acquire accommodation; 4) to engage in borrowing money The Convention on the Rights of the Child; 2. The cooperative, except as specified in Part 1 of this Article, is entitled to provide legal, consulting and other assistance to its members, as well as other relevant purposes of the cooperative activity and not contrary to the law of the Russian Federation. Federation of services. 3. The rules established by the consumer protection law apply to relations that are not related to the membership of citizens in a cooperative and that arise from the civil legal treaties concluded by the cooperative with its members. 4. The income earned by a cooperative from its own business activities under the present Federal Act is forwarded to the reserve fund of the cooperative and, upon reaching the stated fund established by the charter of the cooperative, are distributed among the members of the cooperative in proportion to their shares by crediting the respective shares. 5. A separate bank account is opened to calculate transactions related to the activities of the cooperative in attracting and using citizens ' money for the purchase of accommodation. This bank account shall be credited with the funds provided for in article 23 of this Federal Act, as well as the proceeds received by the cooperative from its own business under this Federal Act. activities. Write-offs or transfers of funds from the bank account are permitted only for the purpose of cooperative activities to attract and use citizens ' money to purchase accommodation, including for Payment of the actual value of a member of a cooperative's eliminated member. 6. The maintenance and repair of co-owned housing is carried out in accordance with the procedure provided for in this Federal Act, as well as in the housing legislation of the Russian Federation. Article 17. Provision of information by the Co-operative about activities of the cooperative on attracting and the use of funds of citizens in acquisition of accommodation 1. The cooperative is obliged to ensure free access to the following information: 1) information on the established cooperative charter and (or) decisions of the general assembly of members of the cooperative in the form of participation in the activities of the cooperative, and Also, the conclusion of a self-regulating organization of housing savings cooperatives on these forms of participation, if any; (2) information on how to determine the value of dwellings acquired or under construction a cooperative; 3) approved by the general meeting of members A cooperative in the manner prescribed by this Federal Law, the annual reports of the cooperative for the last three financial years or, if the cooperative has been operating for less than three years, for each fiscal year after its completion; 4) information on the cooperative's costs of management and maintenance of the cooperative during the last calendar year; 5) other information determined by cooperative bodies. 2. The cooperative is obliged to ensure free access by members of the cooperative to information: 1) on the number of members of the cooperative; 2) on the total size of the cooperative's equity fund; 3) on the total debt stock in front of the cooperative member's cooperative; 4) on the costs of servicing loans, compensating the cooperative's creditors, the aggregate benefits to the cooperative in the labour relations; 5) with a different set The decisions of the cooperative bodies are information. 3. The Cooperative is required to provide a member of the cooperative with information: 1) on the size of this member's training; (2) on the order of priority and the planned date of acquisition or construction of housing by the cooperative A member of the cooperative; 3) other members of the cooperative that are members of the cooperative are provided with the decisions of the cooperative bodies. Article 18. The provision of cooperative documents to members of the Cooperative Cooperative society is obliged to ensure free access by members of the cooperative to the following documents: 1) Statutes of Cooperative Cooperatives and registered changes and supplements, a document on the State registration of the cooperative; 2) internal cooperative documents; (3) regulations on branches and representative offices of the cooperative; 4) Register of Members; 5) Documents Accounting (financial) statements of the cooperative; 6) cost estimates, cost estimates for cooperative maintenance and performance reports; 7) audit opinion on the reliability of the accounting (financial) (b) Report of the Cooperative on the Results of the Fiscal Year; 8) documents confirming the right of the cooperative to the property, reflected in its balance sheets, as well as information on the value of the property owned by the cooperative; 9) Protocols of general assembly members, board meetings and Audit Commission of the Cooperative; 10) documents confirming the voting, including ballot papers, and the power of attorney to participate in the general assembly of members of the cooperative or a copy of such powers of attorney; 11) The conclusion of the audit committee (auditor) of the cooperative; 12) other documents provided for by this Federal Act, the charter of the cooperative, the internal documents of the cooperative and the decisions of the general assembly of the members of the cooperative. Article 19. The order of the cooperative information and documents 1. The information and documents referred to in articles 17 and 18 of this Federal Law are provided by the cooperative from the day of the presentation of the relevant claim within: 1) seven days-information provided for in article 17, paragraph 1 of this Federal Law; 2) of the same working day-the information provided for in articles 17 (2) and (3) of this Federal Law; 3) seven days are the documents referred to in article 18 of this Federal Law. 2. The information and documents referred to in articles 17 (2) and (3) and 18 of this Federal Act are provided for the purpose of familiarting persons entitled to become acquainted with the information and documents in the premises of the cooperative's board. or the executive body of the cooperative. The Cooperative is required to provide copies of these documents, certified by the authorized official of the cooperative, on the request of persons entitled to be acquainted with the documents referred to in article 18 of this Federal Act. The fees charged by the cooperative for providing such copies may not exceed the cost of making them. Article 20. The annual report of the cooperative 1. The annual report of the cooperative should contain: 1) information about the cooperative, including its name, location, information about the State registration of the cooperative, the branch offices and representative offices, contact numbers Telephone numbers, fax numbers, e-mail addresses, special site address in the public information and telecommunications network (hereinafter referred to as the information network) where the information is disclosed by the cooperative; 2) on persons forming part of the cooperative bodies, on bank details the accounts, the audit organization (auditor) of the cooperative, and the membership of the cooperative in the self-regulating organization of housing savings cooperatives, information on such organization; 3) a summary of the volume, timing, order and both Conditions for the cooperative to attract and use citizens ' money to buy a dwelling; 4) basic information on the financial and economic status of the cooperative over the last three financial years or, if the cooperative carries out its activities for less than three years, every fiscal year after its completion, including information on the cooperative's compliance with the financial sustainability assessment standard; 5) annual accounting (financial) reporting by the cooperative for the last three Financial year or, if the cooperative has operated for less than three years, for each fiscal year after its completion and other financial information. 2. The annual report of the cooperative shall be approved by the general meeting of the members of the cooperative after the prior approval of such a report by the cooperative board. The annual report of the cooperative is signed by a person exercising the functions of the sole executive body of the cooperative, the chief accountant, confirming the completeness and validity of the information contained in the annual report. The validity of the information contained in the annual report of the cooperative should also be confirmed by the audit committee (auditor) of the cooperative. 3. The annual report of the cooperative is to be sent to the Bank of Russia no later than six months after the end of the year for which the report is submitted. (In the wording of the Federal Law of 23.07.2013 } N 251-FZ 4. The composition of the information referred to in Part 1 of this article, as well as the manner in which the annual report of the cooperative is presented, shall be determined by the Bank of Russia. (In the wording of Federal Law dated 23.07.2013. N 251-FZ) Article 21. Order of disclosure by cooperative 1. The Cooperative has the duty to ensure free access to the information referred to in this article to all interested persons, regardless of the purpose of obtaining the information, through disclosure in the manner prescribed by this Federal Act. by law. 2. Where the number of members of the cooperative exceeds 500 or the cooperative places advertisements, the cooperative is required to disclose information: 1) on the statute and the internal documents governing the activities of the cooperative bodies; 2) on the forms of participation in the activities of a cooperative established by the cooperative's charter or the decisions of the general meeting of the members of the cooperative; (3) on the procedure for determining the value of the living quarters acquired or under construction by the cooperative; 4) on the annual report of the cooperative; 5) Substantial facts in the activities of the cooperative referred to in Part 5 of this Article. 3. Information on the constitution and the internal documents regulating the activities of the cooperative bodies, on the forms of participation in the activities of the cooperative, on the procedure for determining the value of dwellings acquired or under construction by the cooperative is disclosed by posting the information on a special site in the information network. In case of changes to or adoption of these documents, such documents should be posted on a dedicated site in the information network no later than three days from the date of their entry into force. 4. The information contained in the annual report of the cooperative is disclosed by the cooperative through the posting of an annual report on a special site in the information network and must comply with the requirements of article 20 of this Federal Law. Prior to placing this information on a special site in the information network, the cooperative is obliged to use the audit organization (auditor) in the order provided for in the annual verification and validation of the annual accounting (financial) records. Article 54 of this Federal Act. The annual report of the cooperative should be available on a special site in the information network until the day of posting on the specified website of the annual report of the cooperative for the next financial year. 5. The essential facts of the cooperative are: 1) the convening of an annual or extraordinary general meeting of the members of the cooperative; 2) the decision of the general assembly of the members of the cooperative; 3) election or appointment The executive bodies of the cooperative (the sole executive organ of the cooperative, the organization or manager, members of the collective executive body of the cooperative), with the names, names, patronymic of the persons appointed or the full control organization name; 4) early the termination of the authority of the sole and (or) collective executive bodies of the cooperative; 5) the commencement of the reorganization or liquidation of the cooperative; 6) the establishment and termination of the activities of the cooperative's branches, or opening and closing a cooperative; 7) identifying losses that exceed the sum of five per cent of the cooperative's equity fund; 8) by an arbitral tribunal against a cooperative the liquidation, bankruptcy and/or the introduction of one of the bankruptcy proceedings, and (See also the results of this case; 9) the identification of significant errors in the previously disclosed annual report of the cooperative, including those related to the accounting (financial) reporting of the cooperative; 10) Suspension of the activity of the Cooperative on the attraction and use of funds by citizens for the purchase of residential premises at the request of the public authorities; 11) receiving, revoting licenses for implementation Suspension or suspension of action by the cooperative, in accordance with This Federal Act deals with activities which are subject to licensing under federal law; 12) to bring a lawsuit where the satisfaction of which may have a significant impact on the activity a cooperative; (13) changing the address of a special site in the information network used by the cooperative to disclose information. 6. Disclosure of information on a significant fact in the activities of a cooperative is carried out by posting a message about it for three days on a special site in the information network and within ten days in a periodical publication, defined The charter of the cooperative. The text of a significant fact in the activities of the cooperative should be available on a special site in the information network within six months from the date of its placement. 7. When placing information on a special site in the information network, the cooperative can use the site of the cooperative in the information network or other site in the information network. When placing information on a special site in the information network, the cooperative is obliged to provide free access to such information, and also to report on the request of the interested persons the addresses of the sites in the information network, on which The information is in the process of being posted. 8. Additional disclosure requirements under this article are defined by the Bank of Russia. (In the wording of Federal Law dated 23.07.2013. N 251-FZ) Article 22. (Spconsumed by Federal Law of 16.10.2006) N 160-FZ) Article 23. Sources of funding for the activities Cooperative For the acquisition or construction of a cooperative of living quarters, the right to use: 1) and other contributions from members of the cooperative, excluding admission fees and membership fees; 2) grants and subventions; 3) loans and loans received by the cooperative; 4) from the sale or use of residential property Co-operative; 5) voluntary donations and other non-proscribed the law of the sources. Article 24. Members ' contributions to the cooperative 1. The members of the cooperative are expected to make up the costs of the cooperative to attract and use citizens for the purchase of accommodation. 2. A member's pledge of a member's cooperative should cover the cost of purchasing or building a cooperative housing. The estimated cost of a cooperative for a cooperative member of a dwelling shall be based on the average market value of a dwelling similar to the accommodation specified in the person's application for membership Co-operative. The approximate cost of living accommodation shall be in accordance with the applicant for membership of the cooperative, and shall be specified in the decision of the authorized charter of the cooperative of the cooperative body on the admission of a citizen to members of the cooperative. After the acquisition or construction of a cooperative for a member of the housing cooperative, the amount of the paev contribution is specified on the basis of the actual value of the housing cooperative built or built by the cooperative, and shall be specified in the decision The authorized charter of the cooperative of the cooperative body agreed with the member of the cooperative. 3. A member's social contribution should also cover the acquisition or construction of a cooperative's cost of: 1) residential insurance; (2) Consumer quality improvement acquired or built accommodation up to a level corresponding to the requirements specified in the application for membership of the cooperative; 3) maintenance, repair of a dwelling, payment of utility services (prior to the transfer of a dwelling (...) (...) (...) Loans and loans for the purchase or construction of a dwelling; 5) payment of taxes, fees and other obligatory payments. 4. The order in which a member of the cooperative is paid by the member shall be determined in accordance with the form chosen by him or her in the activities of the cooperative. Possible forms of participation in the activities of a cooperative shall be established in accordance with article 27 of this Federal Act. Article 25. Entry fees and membership contributions 1. Entry membership fees are made by members of the cooperative in a single time. Membership is paid on a monthly basis by the members of the cooperative, unless the charter of the cooperative provides otherwise. 2. Entry fees and membership fees shall not be repaid when the membership of the cooperative is terminated, unless otherwise provided by the charter of the cooperative. Article 26. The use of the cooperative equity fund of the cooperative 1. The cooperative fund is to be used by the cooperative to acquire or construct living quarters for the members of the cooperative, as well as to pay the costs specified in article 24, paragraphs 1 to 3, of this Federal Act. 2. The cooperative's paew fund can also be used by the cooperative for: 1) the payment of the actual value of the fallen members of the cooperative; 2) the performance of the cooperative's obligations to third parties due to delay (c) The inclusion of the members of a cooperative of established mutual and other contributions; (3) to cover the loss suffered by the cooperative in the event that the decision is taken by the general meeting of the members of the cooperative. Article 27. Forms of participation in the activities of the cooperative 1. Cooperatives established by the cooperative must comply with the requirements of this Federal Act, including the financial sustainability of the activities of the cooperative established by article 47 of this Federal Act, and should not lead to a violation of the financial sustainability assessment standards set by article 49 of this Federal Law. 2. Forms of participation in cooperative activities establish: 1) minimum and maximum periods of application, as well as minimum size (or method for determining the amount) of a portion of the contribution from which the acquisition is entitled or the construction of a cooperative housing cooperative for a member of the cooperative; (2) the period of payment of the remainder of the share contribution; 3) the size and frequency of payments in the contribution account; 4) possible conditions in the case provided for under article 47, paragraph 3, of the present Federal law. 3. Cooperative forms of participation in cooperative activities may include: (1) conditions for the indexing of periodic payments against the contribution contribution account; 2) the conditions for accruing interest on the papidation, Cooperatives from the Cooperative's Fund for the purchase or construction of a cooperative housing for other members of the cooperative; 3) other conditions for the acquisition or construction of a cooperative of living quarters and conditions for the introduction of the veil Contributions. 4. The forms of participation in the activities of the cooperative are approved by the general assembly of the members of the cooperative. Prior to approval by the general assembly of members of the cooperative, forms of participation in cooperatives must be approved by the board of the cooperative. 5. The decisions of the general meeting of the members of the cooperative on the approval of forms of participation in the activities of the cooperative should contain conclusions on the possible impact of forms of participation in the cooperative's activities on its financial sustainability. 6. The forms of participation established under this Federal Act may be submitted by a cooperative to a self-regulated organization of housing savings cooperatives for the purpose of obtaining an opinion. 7. The form of participation in the activities of a cooperative cannot be set individually for one member of the cooperative. Article 28. Purchase or construction of a cooperative accommodation for a member of the cooperative 1. The right of a member of a cooperative to acquire or construct a cooperative of a dwelling occurs after the member of the cooperative has fulfilled the conditions for the payment of part of the paev contribution determined in accordance with its chosen form of participation in the activity Co-operative. 2. After a member of the cooperative has made part of the paev contribution determined according to his chosen form of participation in the activities of the cooperative, provided that the member of the cooperative is satisfied with the participation schedule and the frequency of the contribution In order of priority, the co-operative is obliged to: (1) acquire a dwelling that is in accordance with the requirements specified in the statement of the member of the cooperative; 2) acquire the right to build a dwelling, or Build a dwelling that corresponds to the requirements specified in Statement by a member of the cooperative. 3. The acquisition of a housing cooperative, the acquisition of a right to a construction site under construction or the order of priority for the construction of a dwelling for a member of the cooperative shall be established after the member of the cooperative has made part of the contribution, Under article 27, paragraph 1, paragraph 1, of this Federal Act, and the expiry of the cooperative's form of participation in the activities of the cooperative, chosen by the cooperative member selected by the cooperative member. 4. Procedures for determining the order of acquisition by a cooperative of a dwelling, the acquisition of the right to a building dwelling or the order of priority for the construction of a dwelling for a member of the cooperative (hereinafter referred to as the order of priority) shall be established. The charter of the cooperative and (or) the decisions of the general assembly of the members of the cooperative. 5. In establishing the order of priority, account shall be taken of the amount of the made patting and the period of payment of the portion of the contribution, after which the right to acquire or construct a cooperative housing for the member is acquired or constructed by the cooperative Cooperatives, and may also take into account other conditions laid down by the form of participation in the activities of the cooperative. Under equal conditions, the member of the cooperative has the advantage of making the remainder of the contribution in a shorter period and, on equal terms, a member of the cooperative who has previously joined the cooperative. 6. The order of priority shall be in accordance with the requirements of this Federal Act, including the financial sustainability of the activities of the cooperative established by article 47 of this Federal Law, and not should result in a violation of the financial sustainability assessment of the cooperative activities established by article 49 of this Federal Law. 7. The cooperative's form of participation in the activities of the cooperative and the requirements for the location and characteristics of the accommodation shall be specified in the decision of the authorized charter of the cooperative to admit a citizen to membership A cooperative on the basis of his application for membership in a cooperative or in the decision taken by a member of the cooperative to change the requirements of the living quarters by a member of the cooperative. The receipt or copy of these decisions shall be issued to the members of the cooperative on request within one business day. Article 29. Transfer of a dwelling to a member of the cooperative 1. The transfer of the accommodation referred to in article 28, paragraph 1, paragraph 1, of this Federal Act, to a member of the cooperative is carried out by the cooperative immediately after the acquisition by the cooperative of the ownership of the dwelling. Prior to the transfer of the accommodation to a member of the cooperative, a member of the cooperative may be renovated or has completed work to improve the quality of the accommodation provided by the cooperative member's chosen form of participation in the activities of the cooperative. 2. The decision to transfer a dwelling to a member of the cooperative is taken by the cooperative body established by the charter of the cooperative. A statement from such a decision or a copy shall be issued to a member of the cooperative on request within one business day. 3. The transfer of a dwelling to a member of a cooperative, is housed and used in accordance with the housing legislation of the Russian Federation, in accordance with the procedure laid down for members of the housing and housing construction industry. Cooperatives, unless otherwise provided by this Federal Act. Article 30. Purchase of a member of a co-operative cooperative of the right ownership of a living room A member of the cooperative or other persons entitled to the full amount of the paev contribution for the accommodation provided by the cooperative in use a member of a cooperative shall acquire ownership of the dwelling. The cooperative is obliged to hand over to a member of the cooperative or to other persons entitled to pay a specified dwelling free of any obligation. Article 31. Eviction from cooperative housing 1. Upon termination of membership in a cooperative, except in the case of a full member of a member of the cooperative, a member of the cooperative to whom the cooperative transferred the use of the living space and the persons living together shall lose the right The use of a living space and the obligation to release it within two months from the date of termination of the membership of the cooperative and, in the case of the liquidation of the cooperative, from the day of the decision on the liquidation of the cooperative. 2. In case of refusal to vacate a dwelling, a member of the cooperative and the persons living with him shall be evicted by court order without the provision of another dwelling in accordance with the procedure laid down in the housing legislation of the Russian Federation for the Citizens excluded from housing or construction cooperatives. Article 32. Payment of the real value of the "pap" to termination of the cooperative 1. Upon termination of membership in a cooperative on the grounds stipulated in article 9, paragraphs 1 and 2, of this Federal Act, the cooperative must pay the actual member of the cooperative a valid value of the pathy according to the requirements of this article. 2. In the event of termination of the membership of the cooperative on the grounds stipulated in article 9, paragraph 4, of this Federal Act, the actual value of the payoff shall be paid to the heirs of the deceased member of the cooperative, if none of the heirs availed itself of the right to be admitted as a member of the cooperative in the manner prescribed by article 9, paragraph 3, of this Federal Act. 3. The actual value of a member's share of the membership of a cooperative is determined on the day of the end of the financial year during which the grounds for terminating the membership of the cooperative occur. At the same time, the value of the cooperative's net assets is determined by the accounting data in the manner determined by the Government Plenipotentiary of the Russian Federation. Federal Law of 30.11.2011 N 362-FZ 4. The cooperative must pay the actual member of the cooperative or other eligible persons to the actual value of the payee within six months of the end of the financial year during which the grounds for terminating the membership have arisen The cooperative, unless otherwise stipulated in the constitution of the cooperative. At the same time, the term of the cooperative's statute may not exceed two years from the end of the financial year during which the grounds for termination of the membership of the cooperative arose. In the event that a member of the cooperative has been transferred to a cooperative in the use of a dwelling, the payment of the real value of the accommodation shall be effected after the person has been released and the persons living with them in the occupied dwelling. 5. The actual value of the paw to be paid by the cooperative to the retired member or other eligible member may be reduced by: (1) the value of the cooperative costs associated with the sale of the dwelling, a member of the cooperative; (2) the amount of the outstanding member's membership in the membership and other contributions, with the exception of the financial contribution, as well as the size of the established OF THE PRESIDENT OF THE RUSSIAN FEDERATION Violation of the obligation to make these contributions. 6. For a violation by a cooperative of the obligation to pay a member of the cooperative or other eligible member of the cooperative to pay the true value of the payout, the cooperative shall pay the selected member of the cooperative or other eligible member of the cooperative, the penalty which is determined by the charter of the cooperative and may not exceed one three-hundred-hundredth per day of the refinancing rate of the Central Bank of the Russian Federation for each day of late payment. 7. Payment of the real value of the fallen members of a cooperative or other eligible persons is suspended for the period of the suspension of the operation of the cooperative on attraction and use of money by the Bank of Russia. Citizens ' funds for the acquisition of accommodation in the cases provided for in this Federal Act. Payment of the true value of a member of a cooperative or other eligible member of the cooperative is terminated from the date of the decision on the liquidation of the cooperative by the general assembly of the members of the cooperative or the decision by the arbitral tribunal to terminate the cooperative Cooperative or bankruptcy. (In the wording of the Federal Law of 23.07.2013 } N 251-FZ Chapter 4: Coop management Article 33. Cooperatives 1. The cooperatives are: 1) general assembly of cooperative members; 2) board of the cooperative; 3) the audit commission (auditor) of the cooperative; 4) executive bodies of the cooperative. 2. Other bodies may also be established in the cooperative in accordance with the charter of the cooperative. 3. The members of the cooperative's board and members of the audit commission (auditor) of the cooperative do not receive wages for their activities in these bodies, unless otherwise provided by the charter of the cooperative or by a decision of the general assembly of members of the cooperative. Members of the cooperative's board and members of the Audit Commission (Auditor) of the cooperative, in accordance with decisions taken by the general meeting of the members of the cooperative, may be reimbursed for expenses incurred in connection with the implementation of the activities in those areas. the authorities. 4. The activities of the Board, the audit commission (auditor) and the executive bodies of the cooperative are governed by the charter of the cooperative and the internal cooperative documents approved by the general assembly of the members of the cooperative. 5. The term of the cooperative's board expires on the day of the annual general meeting of the members of the cooperative. The powers of the members of the cooperative board and members of the audit commission (s) of the cooperative may be terminated early by the decision of the extraordinary general meeting of the members of the cooperative. Article 34. General meeting of the members of the cooperative 1. The general assembly of members of the cooperative is the supreme body of the cooperative. 2. The cooperative is obliged to hold an annual general meeting of the members of the cooperative annually. The annual general meeting of the members of the cooperative shall be held on the dates set by the charter of the cooperative, but not earlier than two months and no later than six months after the end of the next financial year. The annual general meeting of the members of the cooperative should decide on the election of the cooperative board, the approval of the annual report of the cooperative and the annual accounting (financial) reporting of the cooperative. In addition to the annual general meeting of the members of the cooperative, the general meetings of the members of the cooperative are extraordinary. 3. Each member of the cooperative has one vote at the general meeting of the members of the cooperative. 4. A member of the cooperative is entitled to participate in the general meeting of the members of the cooperative both in person and through its representative. One representative may represent not more than two members of the cooperative in a cooperative with the number of members of the cooperative up to five hundred people and no more than five members of the cooperative in a cooperative of five hundred or more members. Representatives of the members of the cooperative must present their credentials. The confidence given to the representative of a member of the cooperative must contain information about the presentation and the representative (name, place of residence, passport data or other identification documents) and be issued in accordance with with the requirements of article 185, paragraph 4, of the Civil Code of the Russian Federation, or must be notarized. 5. The convening and holding of the annual general assembly of members of the cooperative and of the extraordinary general meeting of the members of the cooperative are carried out by the board of the cooperative. 6. The exclusive competence of the general meeting of the members of the cooperative includes: 1) approving the constitution of the cooperative, amending and supplementing the constitution of the cooperative or approving the charter of the co-operative; 2) Approval of the internal cooperative documents; (3) approval of the regulation (regulation) of the establishment of a cooperative society and its use by the cooperative; 4) acceptance decision on the reorganization or liquidation of the cooperative, as well as the appointment of a the liquidation and approval of the interim and final liquidation balances; 5) the election and early termination of the powers of the members of the cooperative board, members of the audit committee (auditor) of the cooperative, and Review of their performance reports; 6) the election or appointment of the executive bodies of the cooperative (the sole executive body, the organization or manager, and the members of the collegiating executive body ), early termination of their powers, if the charter of the cooperative These issues are not covered by the co-operative board; 7) approval of forms of participation in cooperative activities; 8) the determination of the maximum value of a dwelling that can be acquired or Built by the cooperative; 9) approving the limit on the amount of funds spent on the activities of the cooperative; 10) approving the annual report of the cooperative and the annual accounting (financial) reporting of the cooperative; 11) validation of the audit opinion Accounting (financial) statements of the cooperative based on the financial year; 12) definition of the establishment of cooperative funds other than the cooperative trust fund and its use, approval of reports on the use of funds Cooperatives; (13) approval of cost estimates, cost estimates for the maintenance of the cooperative and reports on their performance. 7. The general meeting of the members of the cooperative is entitled to take up any matter relevant to the activities of the cooperative and to make a decision on this matter, if it is made on the initiative of the cooperative board, as required by the audit commission (a) Cooperatives, executive bodies or members of a cooperative who make up at least five per cent of the total number of members of the cooperative. 8. The decision of the general assembly of members of the cooperative on the question put to the vote shall be taken by a majority of the members of the cooperative participating in the general meeting of the members of the cooperative, with the exception of the matters referred to in paragraphs 1 to 4. Part 6 of this article and decisions by two thirds of the members of the cooperative participating in the general assembly of members of the cooperative. 9. A member of the cooperative has the right to appeal to the court against the decision taken by the general meeting of the members of the cooperative in violation of the requirements of this Federal Law, other regulatory legal acts of the Russian Federation and the statute of the cooperative. Such a statement may be submitted to the court within six months from the date on which the member of the cooperative learned or should have heard about the decision taken by the general meeting of the members of the cooperative. Article 35. Extraordinary general meeting of the members of the cooperative 1. An extraordinary general meeting of members of the cooperative is convened on the initiative of the cooperative board, at the request of the Audit Commission (auditor) of the cooperative, the executive bodies of the cooperative or at the request of members of the cooperative, which are not less than Ten per cent of the total number of members of the cooperative on the day of the request for the convening of an extraordinary general meeting of members of the cooperative. A smaller number of members of the cooperative who have the right to convene an extraordinary general meeting of members of the cooperative may be envisaged by the statute of the cooperative. 2. In case of identification of the loss of the cooperative, which exceeds the sum of twenty-five per cent of the cooperative's trust fund, the audit commission (or auditor) of the cooperative or the executive bodies of the cooperative is obliged to demand an extraordinary general The assembly of the members of the cooperative and the board of the cooperative is obliged to convene an extraordinary general meeting of the members of the cooperative. 3. An extraordinary general meeting of members of the cooperative shall be held within forty-five days from the day of the request for such a meeting. 4. The requirement to hold an extraordinary general meeting of members of the cooperative should include issues to be included in the agenda of such a meeting, as well as the wording of the decisions on each of those issues and the proposal for a The form of an extraordinary general meeting of the members of the cooperative. 5. The board of a cooperative may not amend the wording of the issues to be included in the agenda of the extraordinary general meeting of the members of the cooperative, the wording of the decisions on each of these issues and the proposed form of the organization an extraordinary general meeting of members of the cooperative convened at the request of the audit commission (auditor) of the cooperative, the executive bodies of the cooperative or at the request of members of the cooperative, who make up at least ten per cent of the total members of the cooperative, or in accordance with the charter of a cooperative of a smaller number Members of the cooperative who have the right to convene an extraordinary general assembly of members of the cooperative. 6. If the requirement to convene an extraordinary general meeting of the members of the cooperative is based on the members of the cooperative, it must contain the names of the members of the cooperative that requires the convening of such a meeting and must also be signed. 7. Within five days from the date of the request for the convening of an extraordinary general meeting of members of the cooperative by the audit committee (auditor), the cooperative's executive bodies or at the request of members of the cooperative, which are not less than Ten per cent of the total number of members of the cooperative, or in accordance with the charter of the cooperative of a smaller number of members of the cooperative who are entitled to convene an extraordinary general meeting of members of the cooperative, the board of the cooperative must decide on the convening of an extraordinary general meeting of members of the cooperative or of a refusal to convene a cooperative . 8. The decision not to convene an extraordinary general meeting of members of a cooperative may be decided by the cooperative's board in the event that: 1) the order for an extraordinary meeting is not met by this article. of the general assembly of the members of the cooperative; (2) the requirement to convene an extraordinary general meeting of the members of the cooperative is represented by members of the cooperative, which are less than ten per cent of the total number of members of the cooperative, or according to The charter of a cooperative by a smaller number of members of the cooperative entitled to convene a cooperative of the extraordinary general assembly of members of the cooperative. 9. The decision of the board of the cooperative to convene an extraordinary general meeting of members of the cooperative or to refuse it shall be sent to the organs or persons who require the convening of such a meeting no later than three days from the date of the corresponding meeting solutions. The decision of the board of the cooperative to refuse to convene an extraordinary general meeting of members of the cooperative may be appealed against by the authorities or persons who require the convening of such a meeting to the court within three months of the date of the decision. 10. In the event that a decision to convene an extraordinary general meeting of members of the cooperative is not taken within the period stipulated by the present Federal Act, the extraordinary general meeting of the members of the cooperative may be convened by the organs or by the persons who require the convening of such a meeting. At the same time, the bodies or persons holding the extraordinary general meeting of the members of the cooperative shall have the powers provided for by this Federal Act to convene and hold an extraordinary general meeting of the members of the cooperative. The executive bodies of the cooperative are obliged to provide the organs or persons who convene the extraordinary general meeting of the members of the cooperative, the register of the members of the cooperative, within one working day of the date on which such bodies or persons have been treated. 11. In the event of failure to provide a register of members of the cooperative to the bodies or persons holding the extraordinary general meeting of the members of the cooperative, the federal executive body authorized to carry out the State registration of legal entities, it is the duty of the members of the cooperative to provide the authorities or persons with information on the members of the cooperative. Article 36. The general assembly of members of the cooperative in the form of a absent-voting 1. The decision of the general meeting of the members of the cooperative may be taken without a meeting (joint presence of the members of the cooperative to discuss the issues on the agenda and decide on the issues put to the vote) by holding a meeting of the ballot. 2. When a general meeting of the members of the cooperative is held in the form of absente-voting ballots, a ballot shall be sent or handed to each member of the cooperative at least twenty days before the date of the receipt of the ballot papers. 3. The general meeting of the members of the cooperative whose agenda includes the reorganization or liquidation of the cooperative, the election of the board of the cooperative, the audit committee (auditor) of the cooperative, the approval of the annual report of the cooperative, and The annual accounting (financial) statements of the cooperative cannot be conducted in the form of absent-voting. Article 37. Information about the general meeting members of the cooperative 1. The general meeting of the members of the cooperative is to be reported no later than twenty days before the day of the meeting, the announcement of the general meeting of the members of the cooperative whose agenda contains the question of reorganization or The elimination of the cooperative, no later than thirty days before the date of its operation. At the specified time, a written communication of the general meeting of the members of the cooperative should be sent to each member of the cooperative by registered letter of the member of the cooperative identified to the postal address or to the letter or, if so, to a member of the cooperative is stipulated by the charter of the cooperative, published in the mass media defined by the charter of the cooperative. A different way of sending a communication in writing to hold a general meeting of the members of the cooperative may be envisaged in the cooperative's statute. 2. The general meeting of the members of the cooperative should include: 1) the full name of the cooperative and its location; 2) the form of the general assembly of members of the cooperative (collection, absentee voting) or the meeting of the delegates); 3) the date, place and time of the general meeting of the members of the cooperative, in the case of the general meeting of the members of the cooperative in the form of absentee voting, the date of the end of the voting process, and the mailing address for which the completed ballot papers are to be sent (...) (...) (...) The mailing address for which you can view the information or materials that you specify. 3. The information or materials to be provided to members of the cooperative in the preparation of the general meeting of the cooperative members include the annual report of the cooperative, the conclusion of the audit committee (auditor) of the annual cooperative The cooperative report and the annual accounting (financial) accounting of the cooperative, the audit report, the details of the candidate (s) to the executive bodies of the cooperative, the cooperative board and the audit committee (auditors) of the cooperative, the project amendments and additions to the statute book or draft statute Cooperatives in the new edition, the draft internal documents of the cooperative, the draft decisions of the general meeting of the members of the cooperative and other information or materials envisaged by the cooperative charter. Unless otherwise provided by the cooperative's charter, the members of the cooperative are required to provide information or materials to all members of the cooperative in order to become familiar with the premises of the executive A cooperative from the day of the members of the cooperative to hold a general meeting of the members of the cooperative. A cooperative upon a member's request is required to provide copies of these documents. The fees charged by the cooperative for providing data copies may not exceed the cost of producing them. 4. In the general meeting of the members of the cooperative in the form of absentee voting, the general meeting of the members of the cooperative, the number of members of which is a thousand people and more, the general meeting of the members of the cooperative, the charter of which is mandatory The dispatch or presentation of ballot papers to the members of the cooperative before the general meeting of the members of the cooperative, the ballot must be sent or handed to each member of the cooperative at least twenty days before the date of the voting. The day of the general meeting of the members of the cooperative. Article 38. Quorum for a general meeting of members of the cooperative 1. The general assembly of members of the cooperative shall be entitled to take decisions (quorum) if the members of the cooperative participate in it, who make up not less than fifty per cent of the total number of members of the cooperative or their representatives. 2. Members of the cooperative are considered to be members of the cooperative registered to participate in the general meeting and members of the cooperative whose complete ballots are received by the cooperative no later than the day of the general meeting Meeting of the members of the cooperative. Members of a cooperative in the general assembly of members of the cooperative are considered to be members of a cooperative whose complete ballots are received by the cooperative before the day of the end of the ballot. 3. List of members of the cooperative who participated in the general meeting of the members of the cooperative, and in the general meeting of the members of the cooperative in the form of a collection of authorized lists of the authorized representatives and the list of authorized persons who participated in the meeting Meeting of the Commissioners, attached to the protocol of the general meeting of the members of the cooperative. 4. In the absence of a quorum, the annual general meeting of the members of the cooperative shall be held by a second general meeting of the members of the cooperative with the same agenda. The general assembly of the members of the cooperative is entitled, if the members of the cooperative are present, who make up at least 30 per cent of the total membership of the cooperative. Article 39. Reporting Commission 1. In order to determine the quorum of the general assembly of members of the cooperative and the counting of votes from among the members of the cooperative, a counting commission shall be established, the number and the personal composition of which shall be approved by the general assembly of the members of the cooperative, and in A general meeting of the members of the cooperative in the form of absente-voting by the board of the cooperative. 2. Members of the cooperative board, members of the Audit Commission (Auditor) of the cooperative, members of the executive bodies of the cooperative and persons nominated by candidates for these positions cannot be included in the commission of inquiry. 3. If the members of the counting commission did not participate in the general meeting of the members of the cooperative, the members of the board of the cooperative participating in the general meeting of the members of the cooperative shall perform the duties of the counting commission. 4. The Accounts Commission shall examine the credentials and register the persons participating in the general meeting of the members of the cooperative, shall determine the quorum of the general meeting of the members of the cooperative, explain the issues arising from the implementation by members of the cooperative or their members. by representatives of the right to vote at the general assembly of members of the cooperative, clarifies the voting on the questions put to the vote, ensures the established voting order and the rights of members of the cooperative or their representatives to participate in the voting. (...) (...) (...) The results of the voting will be submitted to the archive. Article 40. Count votes in voting 1. The counting of votes in the voting shall be carried out by the counting commission on each question put to the vote. 2. Ballot papers shall be voted on in the ballot papers on those matters for which only one of the possible voting options is retained. Ballot papers filled with a violation of this requirement shall be declared null and void and no votes shall be counted. In the case of a ballot paper containing several questions put to the vote, failure to comply with the said requirement in respect of one or more issues does not imply that the ballot will be invalid in the ballot box. on the whole. 3. On the basis of the results of the voting, the accounting commission shall draw up a protocol on the results of the voting, signed by the members of the accounting commission. A Protocol on the outcome of the voting shall be made no later than three days after the general meeting of the members of the cooperative or the day of the end of the voting process for the general meeting of the members of the cooperative in the form of absentee ballots. (a) Voting 4. The voting protocol is an integral part of the protocol of the general assembly of members of the cooperative. 5. Decisions taken by the general assembly of members of the cooperative and the voting results are read out at the general assembly of the members of the cooperative, during which the voting took place, and in the case of the general meeting of the members of the cooperative in the form of absentee voting shall be notified to the members of the cooperative not later than five days after the completion of the record of voting in the form of a report on the voting in the order provided for the communication on the general meeting of the members of the cooperative. 6. The members of the cooperative are entitled to receive information from the members of the cooperative and members of the accounting commission on the date, time and place of the counting of the results of the voting by the members of the counting commission. Any member of the cooperative shall be entitled to be present during the counting of votes on the ballot papers and to draw up a record of the voting records and to make comments thereon. Article 41. A general meeting of the members of the cooperative in the form of a meeting of delegates 1. In a cooperative of more than five hundred people, the general assembly of members of a cooperative may be held in the form of a meeting of commissioners in accordance with the cooperative's charter. 2. The commissioners are elected from among the members of the cooperative who are not members of the board of the cooperative or the executive bodies of the cooperative. The Ombudsman cannot transfer the exercise of his powers to other persons, including those who are members of the cooperative. 3. Members of the cooperative board may participate in a meeting of commissioners without the right to vote. 4. The commissioners are elected at meetings that may be held at the place of residence of the members of the cooperative in an open or secret ballot. The decisions of the said meetings should contain the following information: 1) the name, the name and the middle name of the authorized delegate; 2) the number and the personal composition of the members of the cooperative represented by the Commissioner; 3) the term of office of the Commissioner. 5. The Commissioner may be elected for not less than ten and not more than fifty members of the cooperative. The minimum number of commissioners must be at least 50 delegates. 6. The Commissioners are elected in accordance with the charter of the cooperative, which sets out: 1) the number of members of the cooperative from whom the Commissioner is elected, within the limits set out in paragraph 5 of this article; 2) the minimum and the maximum term of office of the Commissioner; (3) the procedure for selecting commissioners (open or secret ballot through ballot papers); 4) the possibility of early re-election of Commissioners. 7. The Assembly shall take decisions in the manner prescribed for the annual general assembly of members of the cooperative or of the extraordinary general meeting of the members of the cooperative, subject to the provisions of this article. The credentials of the delegate are confirmed by a copy of the decision that elected the meeting. Each delegate has the number of votes equal to the number of votes of the members of the cooperative whose interests he represents. The assembly of the commissioners shall be conducted in accordance with this Federal Law in the manner and in time for the holding of the annual general assembly of members of the cooperative or of the extraordinary general meeting of the members of the cooperative. Article 42. Cooperative Management Board 1. The executive board is managing the cooperative between the general assemblies of the members of the cooperative. The size of the cooperative's board is determined by the charter of the cooperative or by the decision of the general assembly of the members of the cooperative, but there can be no fewer than three persons. The persons elected to the board of the cooperative may be re-elected for an unlimited number of times, unless otherwise provided for by the cooperative's statute. The members of the cooperative board shall elect a chairman of the board of the cooperative, unless otherwise stipulated by the constitution of the cooperative. 2. If the annual general meeting of the members of the cooperative was not held within the time limits established by article 34, paragraph 2, of this Federal Act, the powers of the cooperative management shall be terminated, with the exception of the powers to prepare, convene and hold an annual meeting of the general assembly of members of the cooperative. 3. A member of the cooperative's board may not hold the post of the sole executive body of the cooperative, the head of the managing organization or manager, and also be a member of the audit commission (auditor) of the cooperative. 4. A member of the board of a cooperative may combine his or her activities on the board of a cooperative with the work of the cooperative under a contract of employment. 5. The number of members of the board of cooperative working in a cooperative labour contract shall not exceed one third of the total number of members of the cooperative board. 6. The competence of the cooperative board includes: 1) membership in a cooperative and termination of membership in a cooperative, if the cooperative's statutes do not fall within the competence of other cooperative bodies; (2) Convening and holding an annual general meeting of members of the cooperative and of an extraordinary general meeting of members of the cooperative, except as provided for in article 35, paragraph 10, of this Federal Law; 3) the election or designation of the executive bodies of the cooperative (sole executive) the authority, the governing body of the organization or the manager, as well as members of the collective executive body of the cooperative), the early termination of their powers, if the charter of the cooperative is assigned to the management of the cooperative; 4) control in the activities of the executive bodies of the cooperative; 5) prior approval of the forms of participation in the cooperative; 6) the approval of the procedure for the transfer of a dwelling to a member of the cooperative after its incorporation into the the part of the paev's contribution in accordance with the selected form of participation in the cooperative; 7) pre-approval of the annual report of the cooperative and the annual accounting (financial) reporting of the cooperative; 8) prior approval of the audit conclusions; 9) the approval of the auditor's auditor and the terms of the contract with it, and the decision to rescp such a contract; 10), the approval of the assessor and the terms of the contract with it, and the determination of the termination of the contract a contract; 11) to make decisions to create branch offices and to open (...) (...) (...) (...) 7. The executive board shall, at any time, have the right to require the executive bodies of the cooperative to report on the activities of the cooperative and also have the right to consult the accounting records and the accounting (financial) accounting of the cooperative. 8. The Board of the Cooperative decides on matters within its competence at its meetings. The board of the cooperative is empowered to make decisions if board members attend board meetings, which represent not less than fifty per cent of the total number of board members. Decisions of the board of the cooperative shall be taken by a simple majority of the total number of votes of the board members present at the meeting, if the number of votes for such decisions is not provided for in the constitution of the cooperative. The decisions taken by the board are recorded in the form of minutes of the cooperative management board meetings. The minutes of the cooperative board meetings are signed by the chairman of the board of the cooperative and the secretary of the board meeting. 9. A member of the cooperative has the right to appeal to the court against a decision taken by the cooperative's board, in violation of the requirements of this Federal Law, other regulatory legal acts of the Russian Federation, the charter of the cooperative or approved by the general assembly of members A cooperative of the internal documents of the cooperative, within six months of the date of the decision. 10. The members of the cooperative are signed by the chairman of the board of the cooperative. Article 43. The Audit Commission (Audit) of the Cooperative 1. In order to monitor the financial and economic activities of a cooperative, the general assembly of the members of the cooperative, in accordance with the statute of the cooperative, is elected by the Audit Commission (the auditor) of the cooperative. The charter of the cooperative shall define the competence and duration of the audit commission (auditor) of the cooperative, as well as the size of the audit commission of the cooperative. The procedure for the audit commission (auditor) of the cooperative is determined by the decision of the general meeting of the members of the cooperative. 2. The members of the audit commission (auditor) of the cooperative cannot combine their activities with the work of the cooperative under a contract of employment. Article 44. The executive organs of the cooperative 1. The current activities of the cooperative are managed by the sole executive body of the cooperative (director) or the sole executive body of the cooperative (director) and the collegiate executive body of the cooperative (management). The executive bodies of the cooperative are accountable to the board of the cooperative and to the general assembly of members of the cooperative. In a cooperative of more than five hundred members, the formation of a collegiating executive body of a cooperative is compulsory. 2. The executive bodies of the cooperative shall be responsible for all matters relating to the management of the current activities of the cooperative, with the exception of matters which fall within the competence of the general assembly of the members of the cooperative and the board of the cooperative. The executive bodies of the cooperative shall organize the decisions of the general assembly of the members of the cooperative and the board of the cooperative. 3. The single executive body of the cooperative, without power of attorney, acts on behalf of the cooperative, including representing its interests, making transactions on behalf of the cooperative, approving the staffing table, issuing orders and issuing instructions mandatory for the All employees of the cooperative are employed on the basis of the cost estimates for the maintenance of the cooperative, approved by the general assembly of the members of the cooperative. 4. The election or appointment of the executive organs of the cooperative and the early termination of their powers shall be exercised by the general assembly of the members of the cooperative, if the cooperative's statutes do not fall within the competence of the cooperative board. 5. By decision of the general meeting of the members of the cooperative, the authority of the sole executive body of the cooperative may be transferred to a commercial organization (the management organization) or to an individual entrepreneor (manager). The decision to transfer the authority of the sole executive organ of the administering organization's cooperative or manager shall be taken by the general assembly of the members of the cooperative only on the proposal of the cooperative board. In making this decision, the members of the cooperative should be provided with the following information: 1) a list of other cooperatives and economic societies administered by the administering organization or the control; (2) the annual accounting (financial) accounts of the managing organization or manager for the last three financial years, or, if the governing organization or manager carries out its activities for less than three years, for each financial statement year after completion; 3) the governing charter organization; 4) a draft contract that is proposed to be concluded by a cooperative with an organization or manager. 6. The executive bodies of the cooperative shall carry out their activities in accordance with the charter of the cooperative, the decisions of the general assembly of members of the cooperative and the board of the cooperative. 7. The cooperative contract with the sole executive body of the cooperative, the organization or manager of the cooperative, as well as with members of the collective executive body of the cooperative on behalf of the cooperative, shall be signed by the chairman of the cooperative's board. The rights and obligations of the sole executive organ of the cooperative, the organization or manager, members of the collective executive body of the cooperative, specified in the contract, cannot run counter to the charter of the cooperative, the decisions of the whole Meeting of the members of the cooperative and the board of the cooperative. 8. The term of the executive bodies of the cooperative, including the duration of the cooperative contract with the administering organization or a manager, which cannot exceed five years, shall be determined by the cooperative's statute. Extension of the term of executive organs of the cooperative is permitted only on the basis of a decision of the general assembly of members of the cooperative, even if the charter of the cooperative's constitution is assigned to the executive Co-operative. 9. The general meeting of the members of the cooperative at any time is entitled to take a decision on early termination of the powers of the executive bodies of the cooperative (sole executive organ of the cooperative, the organization or manager, The executive body of the cooperative), including the right to make such a decision in the event that the charter of the cooperative terminated the powers of the executive bodies of the cooperative. 10. The charter of the cooperative may provide for the right of the cooperative board to decide on the suspension of the executive organs of the cooperative. In this case, the board of the cooperative is obliged to decide on the formation of the provisional executive bodies of the cooperative and to hold an extraordinary general meeting of the members of the cooperative. 11. The cooperative's single executive body, the head of the organization or manager, as well as a member of a collegiate executive body of a cooperative, cannot be elected as a member of the board of the cooperative or a member of the audit commission (the auditor) of the cooperative. The cooperative, executive or manager of the cooperative, as well as a member of a collegiate executive body, may not be a member of the cooperative. Article 45. Requirements for officials of the cooperative 1. A member of the cooperative board, a sole executive body of the cooperative, a member of a cooperative executive body, a member of an audit commission (auditor) cannot be: (1) a person who is a member A cooperative board, a single executive body of a cooperative, a member of a cooperative executive body, a member of an audit committee (auditor) of a cooperative decision day on the liquidation of that cooperative, or the application of bankruptcy proceedings to this cooperative if from the day of completion The liquidation of the cooperative or bankruptcy procedures was less than three years; 2) a person with a criminal record in the economy. 2. The cooperative's charter may require additional requirements for the officials of the cooperative. 3. In order to meet the requirements of the cooperative's officials, in electing a member of the cooperative board, the sole executive organ of the cooperative, a member of the collegiating executive body of a cooperative or member of an audit A commission (auditor) of the cooperative members of the cooperative about candidates for the positions should be provided with information: 1) on the person or group of persons nominated; 2) on age and education of candidates; (3) positions held by candidates for the day (b) The existence or absence of a criminal record for economic crimes; 5) other information provided for by the charter of the cooperative. Article 46. Responsibility of the officials of the cooperative 1. Members of the board of the cooperative, the sole executive body of the cooperative, members of the cooperative executive body, members of the Audit Commission (auditor) of the cooperative in the exercise of their rights and the performance of their duties To act in the interest of the cooperative, exercise its rights and perform its duties in respect of the cooperative in good faith and reasonably. 2. Cooperative officials are responsible to the cooperative for the losses caused to the cooperative by their perpetrators (omissions), unless other grounds and amount of liability are established by federal law. These persons are found not guilty if they have taken all measures to properly discharge their duties. Lack of guilt is demonstrated by the officials of the cooperative. A member of the board of the cooperative, a member of the collective executive body of the cooperative, member of the audit committee of the cooperative who voted against the decision that caused the cooperative loss or were not accepted, are not responsible Participation in the voting. There is no obligation to indemnize the cooperative if the acts (omissions) of the officials resulting in the loss of the cooperative were based on the legal decision of the general meeting of the members of the cooperative. 3. In the event that, in accordance with the provisions of this article, several officials of the cooperative are responsible, their liability to the cooperative shall be joint and several. 4. Cooperative or cooperative members who make up at least 1 per cent of the total number of members of the cooperative are entitled to apply to the court for the officials of the cooperative to recover damages to the cooperative, in the case provided for by the cooperative. Part 2 of this article. 5. A member of the cooperative is entitled to apply to the court for compensation for damages caused to him by officials of the cooperative because of the breach of the order of acquisition of a dwelling, the acquisition of the right to construction of a dwelling place or order of priority Construction of a dwelling. Chapter 5: Ensuring financial sustainability of the cooperative activities and oversight for activities of the cooperative (In Federal Law dated 23.07.2013. N 251-FZ) Article 47. The main requirements for securing financial cooperative sustainability 1. The amount of the part of the contribution, after which the right to acquire or construct a cooperative of a dwelling for the transfer of the member to the cooperative, shall be established by the charter of the cooperative, but shall not be less than thirty Percentage of the member's member's contribution. 2. The total size of the non-cooperative members sent by a cooperative from a cooperative member's cooperative to acquire or construct a housing for a member of the cooperative may not exceed the size of the cooperative's own patcopilization. 3. If the acquisition or construction of a living space for a member of a cooperative member is not available in parts 1 and 2 of this article, funds may also be borrowed, up to a maximum of 70 per cent. The size of the member's member's contribution. At the same time, the total value of the loans held by the cooperative should not exceed 40 per cent of the value of the property of the cooperative. 4. The cost of acquiring rights to dwellings under construction and the value of cooperative housing shall not exceed twenty per cent of the value of the cooperative's property. 5. The minimum term for a member of the cooperative's contribution, after which the right to acquire or construct a cooperative housing cooperative for a member of the cooperative is established, is determined by the charter of the cooperative. At the same time, starting in the second year of operation of the cooperative on attraction and use of funds of citizens for the purchase of accommodation, the minimum period of time may not be less than two years. 6. The term of the remaining portion of the share contribution after the right to purchase or build a cooperative of a member of the cooperative shall not exceed one and a half times the term of the member of the cooperative part of the papayas a contribution before a member of the cooperative has such a right, provided that the cooperative is complying with the established standards for the assessment of the financial sustainability of its activities. 7. The Government of the Russian Federation establishes additional requirements for the financial sustainability of the activities of the cooperative. Article 48. Limitations on the performance of cooperative transactions 1. Cooperative without prior decision of the general meeting of the members of the cooperative is not entitled to make transactions for the alienation of owned housing owned by a cooperative, including for the exchange of accommodation provided to members Cooperatives, other transactions entailing a decline in the property of a cooperative, as well as a lease or lease or a mortgage (mortgage). 2. Cooperativ cannot: 1) issue loans to natural or legal persons; 2) gift accommodation; 3) provide accommodation free of charge; 4) to sponsor its members and third parties, as well as in any other manner, to ensure the performance of the obligations by those persons; 5) to make their property as a contribution to the statutory (warehousing) capital of economic partnerships and societies, the mutual fund Cooperatives and other means of participation in the Formation of the property of legal entities, except for participation in the formation of property of self-regulating organizations of housing savings cooperatives. 3. A living room acquired or under construction by a cooperative can only be transferred to a pledge (mortgage) in order to meet the requirements of the obligation to repay a loan or a target loan for the acquisition or construction of this dwelling. At the same time, the period of performance of the obligation provided by the pledge of the accommodation may not exceed the stipulated form of participation in the cooperative's activities by a member of the cooperative to make a full payment of the contribution in full. Size. 4. The cooperative cannot assume obligations, including by deferring or installments, on the assignment of the rights of claims, in whole or in part, by the duty to take other actions that may cause the loss to the cooperative or deterioration in the financial sustainability of its activities. 5. If borrowed funds in the case provided for in article 47, paragraph 3, of this Federal Law, the loan contract must be approved before it is committed by the board of the cooperative. The loan contract may be approved by the board of the cooperative if the loan (credit) does not exceed the amount of funds that the cooperative is entitled to acquire or build a dwelling in accordance with Article 47 of this Federal Law. Article 49. { \cs6\f1\cf6\lang1024 } Cooperatives { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } The financial sustainability of the cooperative is assessed by the Bank of Russia in accordance with the established guidelines for assessing the financial sustainability of the cooperative. (In the wording of the Federal Law of 23.07.2013 } N 251-FZ) 2. Housing savings cooperatives are required to comply with the following regulations: (1) the regulation of the current obligation of the cooperative; 2) the regulation of the general obligation of the cooperative; 3) the current balance of the activity of the cooperative; 4) the regulation of the medium-term balance of the cooperative activity; 5) the maximum debt ratio for the members of the cooperative; 6) of the debt burden (...) (...) (...) (...) (...) 3. The procedures for the determination of the regulations referred to in Part 2 of this Article shall be established by the Government of the Russian Federation. The list of regulations that are binding on the cooperative and their value may be set according to the number of members of the cooperative. 4. The cooperative is not entitled to carry out activities to attract new members if it fails to comply with at least one of the standards specified in Part 2 of this Article. Article 50. Supervision of the Cooperative's activities on attracting and using money citizens to purchase accommodation Supervision of cooperative activities of the cooperative, and The use of funds by citizens for the purchase of accommodation, as well as for compliance by a cooperative with the requirements of this Federal Law, other federal laws, other regulatory legal acts of the Russian Federation and regulations Bank of Russia is being implemented by the Bank of Russia. (In the wording of the Federal Law of 23.07.2013 N 251-FZ Article 51. Bank of Russia supervision for the activity of the cooperative to attract and use funds of citizens on acquisition of residential premises (B Federal Law of 23 July 2013. N 251-FZ) 1. Bank of Russia supervision of the activities of the Cooperative on attracting and using funds of citizens for the purchase of accommodation, compliance with the requirements of this Federal Law and compliance Co-operative cooperatives have the right to ensure financial sustainability: (Federal Act dated 23.07.2013 N 251-FZ) 1) (Spconsumed by Federal Law of 30.11.2011) N 362-FZ) (2) establish qualification requirements as well as requirements for the professional experience of candidates for the position of the sole executive body of the cooperative, including the requirement of the manager of the manager organization or manager, to be the chief accountant of the cooperative; 3) (Spspent force-Federal Law 30.11.2011 N 362-FZ) 4) obtain from the federal executive authority authorized to carry out State registration of legal entities, information and documents on housing cooperatives and self-regulating organizations of housing cooperatives in the manner determined by this Federal Act and the Federal Act on State Registration Legal entities and individual entrepreneurs " 5) receive information and documents required for implementation from the authorized federal executive authority responsible for the production of official statistical information and its territorial authorities Monitoring of cooperative activities; 6) quarterly to receive from the cooperative a report on compliance with the standards for assessing the financial sustainability of its activities and other requirements of this Federal Law in the order, Bank of Russia; (B Federal Law of 23 July 2013. N 251-FZ ) 7) establish a different frequency from the reporting cooperative on compliance with individual standards for assessing the financial sustainability of its activities and other requirements of this Federal Law; 8) receive from cooperatives, self-regulated organizations of housing savings cooperatives copies of the documents needed to assess cooperative compliance with established financial sustainability requirements (c) Cooperatives; 9) to consider complaints by citizens and legal entities; of the requirements of this Federal Law; 10) to verify the operation of cooperatives; 11) to apply to the court for the protection of the rights and legal rights provided for by this Federal Act. the interests of the members of cooperatives in the event of their violation; 12) to exercise other powers under this Federal Act. 2. Employees of the Bank of Russia , in the performance of their duties, have the right to unimpeded access to premises intended for the work of the cooperative bodies or to perform the functions of a single executive body a cooperative of the administering organization or manager, in order to make the necessary documents or information available. (In the wording of the Federal Law of 23.07.2013 } N 251-FZ) 3. The cooperative organization or the administering body of the cooperative or the governing body of the cooperative is obliged to provide documents or other information and to provide the necessary written and (or) oral explanation necessary For the implementation of the Bank of Russia supervision for the activities of the cooperative. (In the wording of the Federal Law of 23.07.2013 } N 251-FZ) Article 52. The powers of the Bank of Russia under supervision the cooperative's activities to attract and use funds of citizens Federal Law of 23 July 2013. N 251-FZ) 1. In case of a violation by the cooperative of the requirements of this Federal Law, failure to comply with the requirements of the Bank of Russia, refusal to provide information or to provide members of the cooperative and other citizens with incomplete or Bank of Russia has the right: (In the wording of the Federal Law 23.07.2013 N 251-FZ ) (1) require the authorities of the cooperative to address the violations identified; (2) give the cooperative the mandatory requirements for the removal of identified violations; 3) to apply measures OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. In case of non-performance by the cooperative in the prescribed period of the Bank of Russia , the prescription for the elimination of the detected violations, as well as in case the violations had created a real threat to the rights and legitimate interests of the members of the cooperative, The Bank of Russia has the right to order the suspension of the activities of the cooperative to recruit new members of the cooperative until the cooperative's elimination of the relevant violations. The Bank of Russia has the right to apply to the court for the liquidation of the cooperative if the cooperative does not comply. (In the wording of the Federal Law of 23.07.2013 N 251-FZ) 3. In the case of a cooperative activity prohibited by law, or in the event of repeated or gross violations by the cooperative of this Federal Law, and also in other prescribed Bank of Russia , may turn to The court demanding the elimination of the cooperative. (In the wording of the Federal Law of 23.07.2013 } N 251-FZ) 4. Bank of Russia regulations and requests shall be sent by mail, facsimile or delivery to the addressee or in the form of electronic documents signed by an enhanced qualified electronic signature in accordance with the procedure established by the Bank. Russia. In the direction of the Bank of Russia's requirements and requests in the form of electronic documents, these requirements and requests are deemed to have been received after one working day from the day of their transmission to the addressee in the procedure established by the Bank of Russia, provided that the Bank of Russia has issued the requests. The Bank of Russia has received confirmation of receipt of these orders and requests in the manner prescribed by them. (Part of the addition is the Federal Law of 13 July 2015. N 231-FZ) Article 53. The reserve fund and other funds of the cooperative 1. Cooperative membership is required to form a reserve fund in the order and size provided by this Federal Law and the (or) charter of the cooperative. The size of the cooperative's reserve fund is determined by the charter of the cooperative, but it cannot be less than one and a half of the size of the cooperative's fund. The contingency fund can only be used to provide for contingencies and to cover the loss of the cooperative. 2. The co-operative reserve fund may be incorporated into the joint reserve fund established by a self-regulated housing cooperative organization if the cooperative is a member of such an organization. 3. Contributions by members of a cooperative to a reserve not used for the purposes specified in part 1 of this article shall be returned to the member of the cooperative when his or her membership in the cooperative is terminated prior to the full payment of the contribution, or is counted in a contribution account when making the last payment. 4. The Cooperative may set up other trust funds in the order and size provided for by the charter of the cooperative. Article 54. Audit of accounting accounting and accounting (financial) accounting of the cooperative 1. The accounting organization and the accounting (financial) accounting of the cooperative are subject to mandatory annual audit by the audit organization (auditor). The charter of the cooperative may be subject to an audit every two years, if the sum of the cooperative's balance assets does not exceed six million roubles at the end of the reporting year. 2. The decision to conduct an audit and the selection of an audit organization (auditor) shall be carried out by the board of the cooperative. The selection of the audit organization (auditor) shall be made on a competitive basis. The terms of the contract with the audit organization (auditor) are approved by the board of the cooperative. 3. A contract with an audit organization (auditor) is made on behalf of the cooperative by the chairman of the board of the cooperative or by a member of the board of the cooperative who has the authority to do so. 4. The Cooperativus is obliged to send a copy of the audit report to the Bank of Russiawithin five days from the date of submission of the audit opinion by the auditor. Law of 23.07.2013 N 251-FZ) Article 55. { \cs6\f1\cf6\lang1024 } Responsibility for breaking the rules { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } } { \b } In accordance with the legislation of the Russian Federation, the use of funds by citizens for the acquisition and use of money for the purchase of living premises is established. Article 56. Self-controlled housing savings cooperatives 1. Self-regulation of housing cooperatives is carried out on the terms of their voluntary association in the self-regulating organization of housing savings cooperatives. 2. Self-regulating organization of housing savings cooperatives may be established to develop and establish rules and standards to ensure that members of such self-regulated organization of the interests of members of cooperatives are respected and implemented Effective operation to attract and use funds of citizens for the purchase of accommodation, control of compliance with the requirements of Russian legislation and additional requirements established by the said regulations, and standards. 3. The activities of self-regulating housing savings cooperatives are regulated by federal law. 4. The Self-Governing Organization of Housing Savings Cooperatives is obliged: 1) to control the activities of its members with regard to compliance with the requirements of this Federal Act, other federal laws, other federal laws, and other OF THE PRESIDENT OF THE RUSSIAN FEDERATION activities of the cooperative, as well as to give an opinion on the of forms of participation in the activities of the cooperative; 3) to deal with complaints about actions (inaction) of their members; 4) to open up information about the activities of their members, to publish in mass media Information on the non-conformity of the cooperative to the requirements for financial sustainability of the cooperative activity; 5) to perform other legislative acts of the Russian Federation and constituent documents a self-regulating organization of responsibility. 5. Self-regulating organization of housing savings cooperatives is entitled: 1) to apply measures of responsibility, including excluding members from self-regulating, to their members. organizations; 2) to address members of the board of the cooperative, the audit commission (auditor) and members of the cooperative with a proposal to take measures to eliminate the non-conformity of the cooperative with the financial requirements The sustainability of the activities of the cooperative. Chapter 6: Transitional provisions and entry into force of this Federal Law Article 57. Transitional provisions 1. Since the date of the entry into force of this Federal Act, legal acts regulating the activities of cooperatives for the attraction and use of funds by citizens for the acquisition of accommodation, with the exception of legal acts, The regulations governing the operation of housing and housing cooperatives are applied in accordance with this Federal Law in a way that is not contrary to this Federal Act. 2. Constitutive documents of cooperatives and other organizations established prior to the entry into force of this Federal Act and which carry out the activities envisaged by this Federal Law in attracting and utilizing the funds of citizens The acquisition of accommodation, with the exception of the constituent instruments of housing and construction cooperatives, shall be applied in a part not contrary to this Federal Act from the day of the entry into force of this Federal Act, and shall be subject to by this Federal Act for the period from the date of its entry into force. 3. If the organizations referred to in Part 2 of this article have failed to bring their constitutive documents into conformity with this Federal Law within one year from the date of its entry into force, such organizations shall not be entitled to carry out activities on the basis of Attracting and using funds from citizens for the acquisition of accommodation and are subject to liquidation by a court decision on the basis of the requirements of the federal executive authority authorized to carry out State registration. juridical persons, the Bank of Russia, and other bodies The State authorities or local authorities who are entitled to such claims are provided by federal law. (In the wording of the Federal Law of 23.07.2013 } N 251-FZ 4. The requirements of article 5, paragraph 4, of this Federal Act do not apply to housing savings cooperatives, whose members exceed five thousand on the date of the entry into force of this Federal Act, if accepted OF THE PRESIDENT OF THE RUSSIAN FEDERATION members of cooperatives at the actual cost of membership in the event of termination of their membership in the such cooperatives. Such cooperatives are not entitled to increase the number of their members as compared with the number of members on the day of the entry into force of this Federal Law. 5. The Bank of Russia's powers to oversee the activities of cooperatives in attracting and using citizens for the purchase of accommodation is being extended to other organizations established prior to the entry into force of the Act. The force of this Federal Act and the activities under this Federal Act to attract and use citizens ' funds for the purchase of accommodation. (In the wording of the Federal Law of 23.07.2013 } N 251-FZ) Article 58. Entry into force of this Federal Law 1. This Federal Law shall enter into force ninety days after the date of its official publication, with the exception of the provisions of article 51 for self-regulating organizations of housing savings cooperatives and article 56 of the present Federal law. 2. The provisions of article 51 concerning self-regulating housing cooperatives and article 56 of this Federal Act shall enter into force on the date of the entry into force of the Federal Act regulating self-regulating activities. organizations. President of the Russian Federation Vladimir Putin Moscow, Kremlin 30 December 2004 N 215-FZ