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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 Russian Federation Law "On Consumer Cooperation (Consumer Societies, Their Unions) in the Russian Federation" Federation " adopted by the State Duma on April 10, 2012 Approved by the Federation Council on 18 April 2012 Article 1 Article 1 Article 1 of the Russian Federation dated 19 June 1992 OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Russian Federation, 1992, 1788; Legislative Assembly of the Russian Federation, 1997, No. 3306; 2000, N 18, sect. 1910; 2002, N 12, sect. 1093) the following changes: 1) in Article 1: (a) the second paragraph should be restated: " consumer cooperation-a system of consumer cooperation organizations established to satisfy the material needs of and other requirements of their members; "; b) the fourth paragraph after the word" district, "to supplement the word" district, "in paragraph 6 of the word" the regional, regional or national union of consumer societies-the consumer union societies, territories or republics created by consumer goods In order to replace the words "with the words" of the district, regional, regional or national union of consumer societies (hereinafter also-the regional union), the voluntary association of consumer societies of the autonomous region, region, province or republic and (or) For district unions of consumer societies created according to the territorial topic for purposes of "; g), the seventh paragraph should read: " Central Union of Consumer Societies of Russia (hereinafter referred to as the central union)- voluntary association of consumer societies and (or) regional More than half of the constituent entities of the Russian Federation, which has the right to use the word "Russia" in their name and which has been set up to coordinate the activities of consumer societies, the unions of consumer societies, Ensuring the protection of property and other rights of consumer societies and their members, unions of consumer societies, representation of consumer societies, unions of consumer societies in state bodies, local governments and international organizations as well as consumer societies and their associations with legal, information and other services. Decisions of the central union of consumer societies of Russia on issues defined by the central union's charter are binding on both its members-consumer societies and regional unions, as well as those established by members of the central union. Union-consumer societies of the regional unions of consumer societies and regional unions; "; ) the tenth paragraph should read as follows: " Raid ", member of the consumer society-citizen, legal entity Opening and meeting contributions and consumer society in the established by the charter of the consumer society; "; e) the nineteenth paragraph after the word" shall not "be supplemented by the words" alienation or "; g) to add the following paragraphs: " central system Union is the central alliance created by the consumer societies of the Union of Consumer Societies, as well as the organizations whose founders are the central union, members of the central union, unions created by consumer groups member societies of the central alliance; member's contribution Union-regular flow of funds contributed by a member of the Union to cover the costs of the union and the conduct of the Union's statutory activities in the manner prescribed by the charter of the Union; Observer, the authorized person responsible for the by the Council of Consumer Societies, as defined by this Law, to protect the rights of the consumer society and consumer society. "; 2), in the 8th paragraph of article 5, the word" citizens "shall be replaced by the word" citizens ". "persons"; 3) in article 6, paragraph 3: a) paragraph 2 after the words "to supplement the words" or "; b) in the third word" organize the general assembly "by" to convene and hold a general meeting ", the words" or the general assembly "should be replaced by the words" or the general assembly ". meeting "; 4) in the title of Chapter II the word" EDUCATION "would be replaced by the word" CREATION "; 5) in article 7: (a) the word" education "should be replaced by the word" establishment "; b) in paragraph 2 of the word" and replace the words "creating"; in) in the first paragraph of paragraph 3 of the word "Decisions to create a consumer society and join the union shall be replaced by the words" The decision to create a consumer society is accepted "; 6) in article 10: (a), after the word" patronymic ", add the words", Date of birth ", after the words" place of location "to be supplemented with the words", the State registration number of the registration of the State registration of the legal entity (the main State registration number), the identification number of the taxpayer "; b) in paragraph 2 of the word " from the moment of the decision of the Council of the consumer society and "to replace the words" in the case of a decision on its admission to the consumer society from the moment "; 7) in article 16: (a) Paragraph 14 of paragraph 2 should read as follows: "alienation of the immovable property of the consumer society;"; b) to supplement paragraph 5 with the following: " 5. The procedure for convening a general meeting of the shareholders in the consumer society is established by this Law and by the statutes of the consumer society. The representative of the Union of which the consumer society is a member has the right to participate in the general meeting of consumer society shareholders with the right of deliberative vote. "; in) to supplement paragraph 6 with the following: " 6. Not later than seven days before the day of the general meeting of the consumer society, the Board of Consumer Society, which convenes the meeting, is obliged to notify all consumers in writing of the consumer society, as well as Unions, of which the consumer society is a member, of the time, venue, agenda of the general meeting of the consumer society, and provide material on the issues under consideration. "; 8) in article 18: (a) Paragraph 1 should be completed with the following sentence: " Decision on reorganization of the consumer society (with the exception of the decision to transform the consumer society into another organizational and legal form), if this decision may lead to the termination of membership in the union of consumer societies, adopted on condition that it voted for at least three quarters of the consumer society. "; b) to supplement paragraph 1-1 as follows: " 1-1. The decision of the general meeting of shareholders of consumer society on the issue of the alienation of immovable property of the consumer society is deemed accepted if the issue is included in the agenda not later than seven days before the date of the meeting and for The alienation of immovable property was voted by at least three fourths of the shareholders of the consumer society. Decision of the general meeting of the consumer society on the alienation of immovable property should contain all the essential conditions provided by the law of the Russian Federation for relevant transactions. "; , paragraph 2 Amend the text as follows: " 2. The procedure for convening a general assembly of authorized consumer society is established by this Law and by the statutes of the consumer society. The representative of the Union, of which the consumer society is a member, has the right to participate in the general meeting of authorized consumer society with the right of deliberative vote. No later than seven days before the day of the general meeting of authorized consumer society, the council of consumer society, which conveners the meeting, is obliged to notify all authorized persons in writing of the consumer society, as well as the unions of which the consumer society is a member, of the time, venue, agenda of the general meeting and the presentation of material on the issues under consideration. The general assembly of authorized consumer society is qualified if there are more than three quarters of the authorized consumer society. The decision of the general meeting of authorized consumer society shall be deemed accepted if more than 50 per cent of the authorized consumer society present at the general meeting voted for it. The decision of the general meeting of authorized consumer society on the issue of immovable property alienation shall be deemed accepted if the issue is included in the agenda not later than seven days before the date of the meeting and for The alienation of immovable property was voted by at least three fourths of the authorized consumer society. "; g) the first paragraph 3 should be supplemented with the following sentence:" In the absence of a quorum for the holding of the meeting The cooperatives of the cooperative section of the consumer society should be held Reconctor of the cooperative section of the consumer society on the same agenda, which is entitled to participate in more than 25 per cent of the consumers of the cooperative segment of the consumer society. "; d) paragraph 5 to be supplemented with the following sentence: "The consumer of the consumer society has the right to present by not more than one other person's power of attorney."; 9) in article 19, paragraph 2, the words " consumer society shareholders with experience work in consumer cooperation "shall not be replaced by the words" of consumer society and (or) representatives of legal persons who are shareholders of consumer society, the fifth sentence should read as follows: " The consumer council society should include the consumers of the consumer society and the shareholders who are not employees of the consumer society. ", the words" or member "and the words" or member ", delete; 10), article 27 should read as follows: " Article 27. { \cs6\f1\cf6\lang1024 } Society { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 Consumer society is obliged to carry out the following documents: logs and decisions of general consumer society meetings; minutes of meetings of the consumer society council and consumer society board; documents for membership in the consumer society and the termination of membership in the consumer society; instruments for the payment of entrance fees, the receipt and return of papayas; of society; other legal provisions OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. The register of members of the consumer society includes the following information: surname, first name, patronymic, date of birth (for citizen), name, state registration number of registration of state registration of legal entity (main public registration number) and identification number of the taxpayer (for the legal person) of a member of the consumer society; place of residence, location, postal address, contact numbers and (if any) e-mail address; date of membership consumer society and date of termination of membership; amount of the contribution. "; 11) in article 28: (a) the eleventh paragraph after the words" of the audit organization "should be supplemented by the words" (individual auditor) "; b) add a new paragraph to the twelfth paragraph to read: "Report on the financial status of the consumer society or the union of consumer societies and the recommendations of the observer;"; ) the thirteenth paragraph; 12) paragraph 4 of Article 30 after the words "(consumer societies)" to be supplemented by the words "or the union"; 13) in article 31: (a) in paragraph 5 after the words "as consumer societies" with the words "or unions", the word "two" should be replaced with the word "three", supplemented by the words ", and also in the case of the consumer society or the union of consumer societies of the decision to leave the union, of which such consumer society or alliance is a member; b) in paragraph 6, the word "Union" shall be replaced with the words " Central Union ", the words" its members "should be replaced by the words" the organizations in the system " of the central union, "; 14) to supplement Article 32-1 with the following content: " Article 32-1. Terminating membership in the union 1. Membership in the union ends in the case of: exiting the union; liquidation of the union member; exclusion from union; cessation of activities of consumer society or union as a result of reorganization; The exception of a member of the union who has ceased to operate from the single State register of legal persons by the decision of the authority that has carried out the State registration. 2. When a consumer society or union is released from the relevant union, their membership in the respective union ceases upon the adoption by the general meeting of representatives of the consumer societies of the union from which the consumer society is emerging or The Union, the decision to terminate the membership of the Union. 3. A member may be expelled from the Union as a result of a breach or failure to perform the duties provided for in the constituent instruments of the Union or of the decisions of its governing bodies. "; " 5. Not later than seven days before the day of the general meeting of representatives of the Union's consumer societies, the Union Council, which conveners the assembly, must notify all representatives of the Union's consumer societies in writing, as well as Unions, of which such union is a member or members of the consumer societies of such union, the time, venue, agenda of the general meeting of representatives of the Union's consumer societies, and contributions to the the issues under consideration. A representative of a central or regional union of which the relevant union or member is a member of the consumer society of the respective union is entitled to participate in the said general meeting with the right of consultation "; 16), article 36, paragraph 1, as follows: " 1. The general assembly of representatives of the Union's consumer societies is entitled, if more than half of the representatives of the Union's consumer societies are present at the said general assembly. The decision of the said general assembly shall be taken by a majority of the representatives of the Union's consumer societies present at the general meeting. The decision of the said general assembly on matters of its exclusive competence shall be taken by a qualified majority, in accordance with this Law and the constituent documents of the union. The decision to reorganize the union (except for a decision on the transformation of the union) is made by a qualified majority (at least three quarters of the representatives of the Union's consumer societies present at the general assembly) representatives of the Union's consumer societies). "; 17) in article 37, paragraph 5, the first sentence after the words" of the union "should be supplemented by the words", which did not violate the rights of the shareholders and the present Law, " the sixth sentence to be set out in , to read: " The Council of the Union should include representatives who are Employees of consumer cooperation organizations, and representatives who are not workers of consumer cooperation organizations. ", the words" or member "and the words" or member ", delete; 18), add the following: " Article 38-1. The power of consumer societies to protect the rights of the consumer society Consumer societies 1. In order to gather the analytical information needed to analyse the development of the cooperative movement, consumer societies provide the unions of which they are members, and the unions of consumer societies, the unions of which such unions are members, or The consumer societies of such unions, the accounting and financial reporting documents are in the order and in the manner established by the Council of the respective Union. To protect the rights of the consumer society as a member of the Union and the interests of such consumer society, the Council of the Union shall be entitled to appoint, in accordance with paragraph 5 of this article, the Council of the Union, in accordance with paragraph 5 of the present article of the observer, which shall carry out, including with the assistance of an audit organization (individual auditor), an analysis of the financial situation of the consumer society or the union of consumer societies and, where necessary, convene and holds a general meeting of the consumer society or a general meeting Representatives of the Union's consumer societies. During the period of activity of the observer, the authority of the consumer society or the union of consumer societies shall be subject to the restrictions on the transactions referred to in paragraph 7 of this article. The payment for the work of an observer and the services of an audit organization (individual auditor) is carried out at the expense of the Union, whose board has appointed an observer. The Council of the Union that decided to appoint an observer is obliged to notify the appointment of the board of the relevant consumer society or union of consumer societies within three days of the date of the decision. 2. The grounds for the appointment of an observer are the formation of a consumer society or consumer union for two consecutive fiscal years, amounting to 10 per cent of the value of the assets (excluding investment costs), Education of a financial year loss, which is 20 per cent of the value of the assets, the receipt of a complaint by the consumer society on the actions of the governing bodies of the consumer cooperation organization, the failure to submit documentation, as provided for in paragraph 1 of this article. 3. Re-appointment of an observer in a consumer society or consumer union within a financial year is not permitted, except for the reappointment of an observer upon the receipt of a complaint by the was previously considered by an observer. 4. The observer may be recalled by a decision of the Council of the Union of Consumer Societies. The credentials of the observer are terminated by the general assembly of the consumer society or by the general meeting of the representatives of the consumer societies of the Union of decisions on matters included in the agenda by the observer, or at the end of the period for which an observer is appointed and may not exceed three months. 5. The observer is appointed: Central Union Council in Consumer Societies or Regional Unions, members of the Central Union, as well as unions whose members are members of the central union; of the regional union in consumer societies or regional unions of consumer societies that are members of the regional union, as well as regional unions of consumer societies, members of which are members of the regional union. 6. The appointment of an observer is not a reason for the removal of elected officials of the consumer society or of the union and members of the executive body of the consumer society or the executive organ of the Union, which continue to do so to exercise its powers with the restrictions laid down in this article. 7. The consumer society or the union, with the consent of the observer expressed in writing, may make transactions, several related transactions that are related to: acquisition, alienation or opportunity Exclusion, directly or indirectly, of assets with an inventory value of more than five per cent of the book value of the assets on the day of appointment of the observer; the receipt of loans, loans, guarantees and guarantees, loan issuance and surety, assignment of requirements, transfer of debt, institution Asset management. In the case of five working days from the date of notification in writing by the observer of the consumer society or the union of the decision to commit the transactions referred to in paragraphs 2 and 3 of the present of the item, the consent of the observer for the transaction is not received, the issue is submitted to the general meeting of the consumer society or the general meeting of the representatives of the consumer societies of the union, which is entitled to make a decision about approval of the transaction data. 8. Not later than three days from the date of appointment of an observer, the head of the consumer society or the executive body of the Union of Consumer Societies is obliged to provide the observer with a request in In writing, a list of the property of the consumer society or of the union (including property rights), documents relating to statutory activities (including the statute, the constituent treaty and other documents regulating activities) of the consumer society or the union, the protocols and the decisions of general consumer assemblies society or general assemblies of representatives of the Union's consumer societies, the minutes of the meetings of the consumer society council or the union and consumer society or the union, regulations, orders, contracts), and the accounting documents Accounting and financial reporting, reflecting the economic activities of the consumer society or the union three years prior to the appointment of an observer, on the basis for the appointment of an observer. Consumer society and consumer society or union consumer society or union is obliged to provide information about activities to the consumer society or the consumer society in order to analyse the risks of the consumer society or consumer society of the consumer society or of the union, as well as the audit opinion. 9. In the event that the checks reveal violations of the rights of the consumer society, a member of the consumer society union, the interests of such consumer society, the costs of the audit are compensated for by such a consumer society Consumer society or the Union of Consumer Societies. 10. The observer has the right: to obtain any information and documents relating to the activities of the consumer society or the consumer society; to request information from individuals and legal entities from the public authorities of the consumer society or the union of consumer societies, including property rights, and the obligations of the consumer society or the union of consumer societies. 11. The observer is obliged: to analyze the financial condition of the consumer society or the union of consumer societies, including through the audit organization (individual auditor); Notify the shareholders of the consumer society on detected breaches of financial discipline, to prepare a report on the financial condition of the consumer society or the union of consumer societies, on the basis of the report, if necessary, to convene and hold a general meeting Consumer Society or General Assembly of Representatives of the Consumer Societies of the Union, to prepare recommendations for adoption by the general meeting of shareholders of consumer society or the general meeting of representatives of consumer societies of the Union of decisions on election, appointment, termination of powers, Dismissal of elected officials and members of the executive body of the consumer society or of the union, respectively. 12. Decisions of the Council of the Union of Consumer Societies on the appointment of an observer and the decisions taken by the observer can be appealed in court. ". Article 2 Consumer societies, unions of consumer societies created by Until the day of the entry into force of this Federal Law, it is mandatory to bring their statutes into conformity with the Law of the Russian Federation of 19 June 1992. 3085-I " On consumer cooperation (consumer protection) of the Russian Federation " (as amended by the present Federal Law) within twelve months from the date of the official publication of this Federal Law. Until the statutes are brought into line with the Russian Federation Act of 19 June 1992 No. 3085-I on consumer cooperation (consumer protection) In the Russian Federation "(in the wording of this Federal Act), consumer societies, the unions of consumer societies are guided by the provisions of their statutes in part not contrary to Civil Code of the Russian Federation and the Law of the Russian Federation of 19 June 1992 No. 3085-I on consumer cooperation (Consumer societies, their unions) in the Russian Federation " (as amended by the present Federal Law). In the State registration of changes made to the statutes of consumer societies, unions of consumer societies, the submission of the constituent treaties is not required. President of the Russian Federation Dmitry Medvedev Moscow, Kremlin 23 April 2012 N 37-FZ