On Amending The Law Of The Russian Federation "on Consumer Cooperation (Consumer Societies, Their Unions) In The Russian Federation"

Original Language Title: О внесении изменений в Закон Российской Федерации "О потребительской кооперации (потребительских обществах, их союзах) в Российской Федерации"

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RUSSIAN FEDERATION FEDERAL LAW on amendments to the law of the Russian Federation "on consumer cooperation (consumer societies, their unions) in the Russian Federation" adopted by the State Duma April 10, 2012 year approved by the Federation Council April 18, 2012 year Article 1 amend the law of the Russian Federation dated June 19, 1992 N 3085-I "on consumer cooperation (consumer societies, their unions) in the Russian Federation" (as amended by the Federal law dated July 11, 1997 N 97-FZ) (Gazette of the Congress of people's deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, no. 30, art. 1788; Collection of laws of the Russian Federation, 1997, no. 28, art. 3306; 2000, no. 18, art. 1910; 2002, N 12, art. 1093) as follows: 1) in article 1: (a)) second paragraph worded as follows: "consumer cooperatives-cooperative consumer organizations established to meet the material needs of their members and other";
b) fourth paragraph, after the word "district" to supplement the word "district";
in the sixth paragraph), the words "regional, marginal or Republican Union of consumer societies-Union of consumer societies area, region or Republic, created by consumer societies to" were replaced by the words "district, oblast, Krai or Republican Union of consumer societies (hereinafter also referred to as regional Union)-a voluntary Union of consumer societies of autonomous district, area, region or Republic and (or) regional unions, consumer cooperatives, established on a territorial basis, with a view to";
g) seventh paragraph should read: "the Central Union of consumer societies of Russia (hereinafter also referred to as the Central Union)-a voluntary Union of consumer societies and (or) regional unions, more than half of the constituent entities of the Russian Federation, which received in the prescribed manner the right to use in its name the words" Russia "and created to coordinate the activities of consumer associations, unions, consumer cooperatives, to ensure the protection of property rights and other rights of consumer societies and their members unions, consumer cooperatives, representing consumer societies, unions, consumer cooperatives in the State bodies, local self-government bodies and international organizations, as well as consumer associations and their unions legal, information and other services. Decisions of the managing bodies of the Central Union of consumer societies of Russia on issues identified by the Charter of the Central Union required both for its consumer societies and regional alliances and created by members of the Central Union of consumer societies-district alliances of consumer societies and regional alliances ";
d) tenth paragraph worded as follows: "shareholder, Member of the consumer society-citizen, legal person, making an entrance and mutual contributions and consumer society in the manner prescribed by the Charter of the consumer society;";
(e)) paragraph 19th, after the words "shall not be subject to" add the words "alienation or";
f) supplement paragraphs read as follows: "the Central Union-Central Union created consumer member societies of the Central Union of consumer societies, unions and the Organization, founded by the Central Union, members of the Central Union, unions created consumer member societies of the Central Union;
Member of the Union fee-regular cash flows, made a member of the Union to cover the expenses of the Union and the implementation of the statutory activities of the Union in the order established by the Charter of the Association;
the observer-the authorised person responsible for implementing the Council of the Union of consumer societies of this law protect the rights of shareholders of consumer societies and interests of consumer societies. ";
2) in the eighth indent of article 5, the word "citizens" should be replaced by the word "persons";
3) in paragraph 3 of article 6: a) second paragraph, after the words "which are" add the words "Union or";
b), the words "the third paragraph to organize general meetings" were replaced by the words "to convene and hold a general meeting", the words "or General Assembly" were replaced by the words "or general meeting";
4) in the title of chapter II, the word "EDUCATION" should be replaced by the word "establishment";
5) in article 7: (a)) in the title, the word "education" should be replaced by the word "create";
b) in paragraph 2, the words "Education Act" were replaced by the words "to establish";
in) in the first subparagraph of paragraph 3, the words "the decision to create a consumer society and joining the Union accepted" were replaced by the words "the decision on the establishment of a consumer society was adopted";
6) in article 10: (a)) paragraph 1, after the word "patronymic" add the words "date of birth", after the words "location" add the words ", State registration number of the record of State registration of a legal entity (primary state registration number), taxpayer identification number";
b) in paragraph 2 the words "from the time of the judgement of the Board of the consumer society and" were replaced by the words "in the case of a decision concerning his admission in the consumer society since";
7) in article 16:

and the fourteenth paragraph 2 paragraph) shall be amended as follows: "the alienation of real estate consumer society";
b) supplement paragraph 5 to read as follows: "5. The procedure for convening the general meeting of shareholders of the consumer society is established in this law and the Statute of the consumer society. The representative of the Union, is a member of the consumer society, has the right to participate in the general meeting of shareholders of the consumer society, with the right of deliberative vote. ";
6 shall be amended with paragraph) to read as follows: "6. not later than seven days before the general meeting of shareholders of the consumer society, the Board of the consumer society, carrying out the convening of this meeting, shall notify in writing by all the shareholders of the consumer society, as well as unions, is a member of the consumer society, about the time, venue, and agenda of the general meeting of shareholders of the consumer society and provide input on the issues in question.";
8) in article 18, paragraph 1: a) supplemented by the following sentence: "the decision on reorganization of the consumer society (except for the decision to transform the consumer society in a different legal form) If this decision may entail the termination of membership in the Union of consumer societies, shall be deemed adopted, provided that it receives at least three quarters of shareholders consumer society.";
b) shall be amended with paragraph 1-1 as follows: "1-1. The decision of the general meeting of shareholders of the consumer society on the question of alienation of real estate consumer society is considered to be accepted if the issue included in the agenda not later than seven days before the holding of this meeting and for the alienation of immovable property not less than three-quarters of the shareholders of the consumer society.
The decision of the general meeting of the consumer society on the alienation of immovable property must contain all essential conditions, stipulated by the legislation of the Russian Federation for the relevant transactions. ";
in) paragraph 2 shall be amended as follows: "2. The procedure for convening the general meeting of the Commissioners of the consumer society is established in this law and the Statute of the consumer society. The representative of the Union, is a member of the consumer society, has the right to participate in the general meeting of the Commissioners of the consumer society, with the right of deliberative vote.
Not later than seven days before the general meeting of the Commissioners of the consumer society, the Board of the consumer society, carrying out the convening of this meeting, shall notify in writing all the Commissioners of the consumer society, as well as unions, is a member of the consumer society, about the time, venue, and agenda of the general meeting and to provide input on the issues under consideration.
The general meeting of the Commissioners of the consumer society is qualified if attended by more than three quarters of the Commissioners of the consumer society. The decision of the general meeting of the Commissioners of the consumer society is adopted if it receives more than 50 percent of the consumer society, the Commissioners present at the general meeting.
The decision of the general meeting of the Commissioners of the consumer society on the issue of alienation of immovable property shall be considered adopted if the issue included in the agenda not later than seven days before the holding of this meeting and for the alienation of immovable property not less than three-fourths of the Commissioners of the consumer society. ";
g) the first paragraph of paragraph 3 to supplement the following sentence: "in the absence of a quorum for holding a meeting of shareholders of the cooperative consumer society plot should be carried out repeated meeting of the shareholders of the cooperative consumer society plot with the same agenda, which is competent, if attended by more than 25 per cent of the shareholders of the cooperative of the plot of the consumer society.";
d) para 5 supplement with the following sentence: "Shareholder of the consumer society has the right to represent by proxy for no more than one other shareholder.";
9) in paragraph 2 of article 19, the words "shareholders of the consumer society, with experience in consumer cooperatives" were replaced by the words "not engaged in violations of the rights of shareholders and the present law shareholders of the consumer society and (or) representatives of legal persons that are nationals of the consumer society", the fifth sentence should read as follows: "the Council of the consumer society should include shareholders, are employees of the consumer society, and shareholders who are not employees of the consumer society." the words "or a member of the" and the word "or" should be deleted;
10) article 27 shall be amended as follows: "article 27. Order of reference documents consumer society 1. The consumer society is obliged to keep the following documents: reports and decisions of the General meetings of the consumer society;
the minutes of the meetings of the consumer society and the Board of the consumer society;

documents for admission to membership in the consumer society and the termination of its membership in the consumer society;
documents on payment of entry fees, to receive and return of contributions;
the register of members of the consumer society;
other documents stipulated by the law of the Russian Federation.
2. The register of members of the consumer society includes the following information: name, surname, date of birth (citizen), name, State registration number of the records of State registration of a legal entity (primary state registration number) and taxpayer identification number (for legal entities) member of the consumer society;
place of residence, location, mailing address, telephone number and (if available) e-mail address;
date of entry into the consumer society and the date of termination of membership;
shareholding amount. ";
11) article 28: a) after the words "paragraph eleven audit organization" add the words "(individual auditor)";
b) complement the new twelfth paragraph read: "report on the financial status of the consumer society or Union of consumer societies and recommendations;";
in the twelfth paragraph) considered the thirteenth paragraph of;
12 article 30, paragraph 4), after the words "(consumer societies)" add the words "or Union";
13) article 31: (a)) in paragraph 5, after the words "as consumer societies," add the words "or unions", the word "two" should be replaced by the word "three", add the words ", as well as in the case of the adoption of the consumer society or Union of consumer societies of decision to withdraw from the Union, is a member of the consumer society or Union";
b) in paragraph 6, the word "Union" were replaced by the words "the Central Union of", the words "its members" should be replaced by the words "organizations of the Central Union,";
14) supplemented by article 32-1 as follows: "article 32-1. Termination of membership in the Union 1. Membership in the Union is ceased in case of: exit from the Union;
the Elimination of a member of the Union;
exclusion from the Union;
the termination of the activities of the consumer society or Union as a result of reorganization;
exclusion of a member of the Union which has ceased its activities, from the unified State Register of legal persons according to the decision of the authority who ordered the State registration.
2. When exiting the consumer society or Union of the corresponding Union of their respective Union membership shall cease as from the date of adoption at the general meeting of representatives of consumer societies of the Union from which leaves the consumer society or Union, decisions on the termination of membership in the Union.
3. A member of the Union may be excluded from it as a result of the violation or non-performance of obligations provided for by the founding documents of the Union, or the outcome of his administration. ";
15) article 35 shall be amended with paragraph 5 to read as follows: "5. not later than seven days before the general meeting of representatives of the Union of consumer societies of the Union Council, which carries out the convening of this meeting, shall notify in writing all members of the Union of consumer societies, as well as the unions, this Union is a member or members of which are consumer society such a Union, about the time, venue, and agenda of the general meeting of representatives of the Union of consumer societies and provide input on the issues under consideration. A representative of the central or regional Union, of which it is the relevant Union or members of which are consumer societies of the Union concerned has the right to participate in the said general meeting with deliberative vote. ";
16) article 36, paragraph 1 shall be amended as follows: "1. a general meeting of representatives of the Union of consumer societies is entitled, if the specified general meeting has more than half of the representatives of the Union of consumer societies. The decision of the general meeting shall be taken by a majority of the representatives present at the general meeting of the Union of consumer societies. The decision of the General Assembly on matters of its exclusive competence was adopted by special vote in accordance with this law and the founding documents of the Union.
The decision about reorganization of the Union (except for the decision to transform the Union) was adopted by a qualified majority of votes (at least three quarters of the representatives of consumer societies of the Union present at a general meeting of representatives of the Union of consumer societies). ";
17) article 37, paragraph 5 the first sentence, after the words "the Union" shall be supplemented with the words "not engaged in violations of the rights of shareholders and the present law", the sixth sentence should read as follows: "the Council of the Union should include representatives who are employees of the cooperative consumer organizations, and representatives of the non-workers cooperative consumer organizations." the words "or members" and the word "or" should be deleted;
18) to supplement article 38-1 to read as follows: "article 38-1. The powers of the unions of consumer societies for the protection of the rights of shareholders of consumer societies and interests of consumer societies

1. To collect analytical information needed to analyse the development of the cooperative movement, consumer society offer the unions of which they are members and alliances of consumer societies-unions, whose members are such unions or consumer society such unions, accounting documents and financial statements to the extent and in the manner which shall be fixed by the Council of the Union concerned.
To protect the rights of the shareholders of the consumer society, a member of the Union and the interests of the consumer society, the Council of the Union in the presence of grounds contemplated in paragraph 2 of this article, shall have the right to appoint, in accordance with paragraph 5 of this article, the observer, which conducts, including audit Organization (individual auditor), the analysis of the financial condition of the consumer society or Union of consumer societies and, if necessary, convene and holds a general meeting or general meeting of the consumer society representatives of consumer societies Union. In the period of the observer in the powers of the Office of the consumer society or Union of consumer societies impose restrictions in parts of transactions referred to in paragraph 7 of this article.
Remuneration and audit services (individual auditor) is financed by the Union, the Council appointed an observer.
The Union Council, which adopted a decision to appoint an observer, is obliged to notify about this appointment, the Board of the relevant consumer society or Union of consumer societies within three days from the date of adoption of this decision.
2. Grounds for the appointment of observer are education at consumer society or Union of consumer societies of losses in two consecutive fiscal years constituting 10 percent of the value of assets (excluding investment expenses), education of losses fiscal year, make up 20 percent of the value of assets, receipt of shareholder complaints on actions of the consumer society bodies the Office of consumer cooperatives, non-submission of documentation under paragraph 1 of this article.
3. Reappointment of the observer in the consumer society or Union of consumer societies within one fiscal year shall not be permitted except for the reappointment of observer in the shareholder complaint on an issue that has not been an observer.
4. Observer can be revoked by the relevant decision of the Council of the Union of consumer societies. The powers of the observers shall be terminated by adopting the consumer society general meeting or general meeting of the representatives of the Union of consumer societies of decisions on matters included in the agenda of an observer, or upon expiry of the term for which he was appointed an observer and which may not exceed three months.
5. the observer shall be appointed by the Council of the Central Union of consumer societies or regional alliances that are members of the Central Union, and unions, whose members are members of the Central Union;
Council of regional Union of consumer societies or in district unions consumer societies that are members of the regional Alliance, as well as in regional alliances of consumer cooperatives, whose members are members of the regional Alliance.
6. The appointment of a monitor is not grounds for removal from Office elected officials or Union of the consumer society and members of the executive body of the consumer society, or the executive body of the Union, who continue to exercise their authority with the limitations set forth in this article.
7. The management bodies of the consumer society or Union with the consent of the observer, expressed in written form, can make deals, several interlinked transactions that relate to: the acquisition, alienation or exclusion directly or indirectly assets whose carrying value is more than five per cent of the book value of the assets on the date of the appointment of observer;
loans, credits, sureties and guarantees, issuance of loans and guarantees, assignment of the rights requirements, transfer of debt, institution of trust asset management.
If within five working days from the date of notification in writing of the decision taken by observer Governments consumer society or a Union decision on the transactions referred to in the second and third subparagraphs of this paragraph, the consent of the observer at the Commission of such deals is not obtained, such question shall be submitted to the general meeting of the consumer society or the general meeting of representatives of the Union of consumer societies, which may take the decision approving these deals.

8. Not later than within three days from the date of the appointment of the head of the Executive Authority observer consumer society or the executive body of the Union of consumer societies shall provide the observer in accordance with its request, in writing, to the list of property consumer society or Union (including property rights), documents relating to the authorized activity (including Charter, memorandum and other documents regulating the activities of the consumer society or Union protocols and decisions of the General meetings of the consumer society or general meetings of representatives of consumer cooperatives Union, minutes of the meetings of the consumer society or Union and the Board of the consumer society or Union, orders, contracts), as well as documents of accounting and financial reporting, reflecting the economic activity of the consumer society or Union for three years prior to the date of appointment of the observer, on issues which gave rise to the appointment of observer.
Risk analysis for shareholders of the consumer society and the consumer society or Union of consumer societies of the consumer society or management bodies of the Union are obliged to provide the observer with information relating to the activities of the consumer society or Union, as well as the auditor's report.
9. If the audit revealed violations of the rights of the shareholders of the consumer society-member of the Union of consumer societies, the interests of the consumer society, the audit costs are offset by such consumer society or Union of consumer societies.
10. the observer shall have the right: to receive any relating to the activities of the consumer society or Union of consumer societies, information and documents;
request in State authorities, individuals and legal entities belonging to the information consumer society or Union of consumer societies of property, including property rights, and the obligations of the consumer society or Union of consumer societies.
11. the observer shall: conduct an analysis of the financial status of the consumer society or Union of consumer societies, including audit Organization (individual auditor);
to notify shareholders of the consumer society about detected violations of financial discipline, to prepare a report on the financial status of the consumer society or Union of consumer societies, based on the report in case of necessity to convene and hold a general meeting of the consumer society or the general meeting of representatives of consumer societies of the Union, to prepare recommendations for adoption by the General Assembly of the shareholders of the consumer society or the general meeting of representatives of the Union of consumer societies of decisions on the election of the appointment about termination of powers of dismissal respectively elected officials and members of the executive body of the consumer society or Union.
12. The decision of the Council of the Union of consumer societies on the appointment of observer and observer of decisions can be appealed in a Court of law. ".
Article 2 Consumer organisations, unions, consumer cooperatives, created prior to the date of entry into force of this federal law, shall be obliged to bring their statutes in conformity with the law of the Russian Federation dated June 19, 1992 N 3085-I "on consumer cooperation (consumer societies, their unions) in the Russian Federation" (as amended by this federal law) within twelve months from the day of official publication of this federal law. To make the data of the statutes in accordance with the law of the Russian Federation dated June 19, 1992 N 3085-I "on consumer cooperation (consumer societies, their unions) in the Russian Federation" (as amended by this federal law) consumer organisations, unions, consumer cooperatives are governed by the provisions of their charters if they do not contradict the provisions of the Civil Code of the Russian Federation and the law of the Russian Federation dated June 19, 1992 N 3085-I "on consumer cooperation (consumer societies their unions) in the Russian Federation "(as amended by this federal law). At the State registration of changes in the statutes of the consumer societies, unions, consumer cooperatives, an idea of founding treaties is required.
The President of the Russian Federation d. Medvedev Kremlin, Moscow April 23, 2012 year N 37-FZ

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