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On Amendments To Chapter 4 Of Part One Of The Civil Code Of The Russian Federation And On Repealing Individual Provisions Of The Legislative Acts Of The Russian Federation

Original Language Title: О внесении изменений в главу 4 части первой Гражданского кодекса Российской Федерации и о признании утратившими силу отдельных положений законодательных актов Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW amending Chapter 4 of Part One of the Civil Code of the Russian Federation and the invalidated provisions Law of the Russian Federation adopted by the State Duma on April 25, 2014 Federal laws dated 29.06.2015 N 210-FZ; dated 13.07.2015. N 216-FZ; of 28.11.2015 N 356-FZ) Article 1 Amend Chapter 4 of the First Civil Code of the Russian Federation (Assembly OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3301; 1996, N 9, sect. 773; 1999, N 28, sect. 3471; 2002, N 12, st. 1093; N 48, est. 4746; 2003, N 52, sect. 5034; 2004, N 31, stop. 3233; 2005, N 1, st. 18; N 27, est. 2722; 2006, N 2, sect. 171; N 3, est. 282; N 31, sect. 3437; N 45, sect. 4627; N 52, sect. 5497; 2007, N7, st. 834; N 49, sect. 6079; 2008, N 20, sect. 2253; 2009, N 1, est. 20, 23; N 29, 100. 3582; N 52, sect. 6428; 2010, N 19, 100. 2291; 2011, N 49, sect. 7015; N 50, sect. 7335; 2012, N 50, sect. 6963; N 53, est. 7607, 7627; 2013, N 7, st. 609; N 26, est. 3207), the following changes: 1) Article 48 should be redrafted as follows: " Article 48. The concept of a legal person 1. The legal entity recognizes an organization that has separate property and is in charge of its obligations, may acquire and exercise civil rights and carry out civil duties, be the plaintiff and the defendant in court. 2. A legal person must be registered in a single State register of legal entities in one of the organizational and legal forms provided for in this Code. 3. The legal persons whose property is owned by their founders are entitled rights are State and municipal unitary enterprises, as well as institutions. The corporate entities (art. 65-1) are legal persons to whom they have corporate rights. 4. The legal position of the Central Bank of the Russian Federation (Bank of Russia) is determined by the Constitution of the Russian Federation and the law on the Central Bank of the Russian Federation. "; 2) in article 49: a) in paragraph 1: Paragraph 1 of the first word of "constituent documents" shall be replaced by the words "constituent instrument (art. 52)"; the third sentence should read: " In cases provided for by law, a legal person may engage in specific activities only under a special authorization (Licenses), membership of a self-regulating organization or a certificate of self-regulated organization of a particular type of work permit. "; b), paragraph 3 should be restated as follows: " 3. The legal capacity of a legal entity arises from the date of incorporation into a single public register of legal entities of information about its creation and terminates at the time of submission to the specified register of its termination. The right of a legal person to carry out activities for which a special permit (licence) is required, membership of a self-regulating organization or obtaining a certificate of self-regulating organization for admission to a certain type of work, arises from the moment of obtaining such permission (licence) or within the period specified therein, or from the moment the legal person enters the self-regulating organization or the issuance of a self-regulating organization of the certificate of admission to the a certain kind of work and stops when the action is terminated Permits (licences), membership of a self-regulating organization or issued by a self-regulating organization of a tolerance certificate for a particular type of work. "; in), supplement paragraph 4 with the following: " 4. The civil status of legal persons and the procedure for their participation in civilian traffic (art. 2) are regulated by this Code. The particularities of the civil legal status of legal persons of certain organizational and legal forms, types and types, as well as legal persons established to carry out activities in certain areas shall be determined in accordance with this Code; other laws and other legal acts. "; (3) in article 50: (a), paragraph 2 should read: " 2. Legal entities which are commercial organizations may be created in the organizational and legal forms of economic partnerships and societies, peasant (farm) holdings, economic partnerships, production cooperatives, and public enterprises. and municipal unitary enterprises. "; (b) paragraph 3 should read as follows: " 3. Legal entities that are non-profit organizations can be established in organizational and legal forms: 1) consumer cooperatives, including housing, housing, construction and garage cooperatives, horticultural, horticultural and consumer cooperatives, mutual insurance societies, credit cooperatives, rental funds, agricultural consumer cooperatives; 2) of public organizations to which Political parties and established legal entities Trade unions (trade union organizations), social movements, social activity bodies, territorial public authorities; 3) associations (unions), including non-profit partnerships, Self-regulating organizations, employers 'associations, unions of trade unions, cooperatives and public organizations, commercial, notary and chambers of law; 4) homeowners' associations, of the owner housing; 5) Cossack societies made to the State Register of Cossack Societies in the Russian Federation; 6) of the indigenous communities of the Russian Federation; 7) of the funds to which Public and charitable foundations; 8) institutions, which include public institutions (including State academies of science), municipal institutions and private (including public) institutions; 9) Autonomous Non-Profit Organisations; 10) Religious (...) (...) (...) Non-profit organizations can carry out income-generating activities if they are provided for in their statutes only insofar as they serve the purposes for which they are established, and if it is in conformity with such purposes. "; g) to supplement paragraphs 5 and 6 as follows: " 5. A non-profit organization whose statute provides for income-generation activities, with the exception of government and private institutions, shall have a market value sufficient to carry out the activities in question less than the minimum authorized capital for limited liability companies (art. 66-2, para. 1). 6. The rules of this Code do not apply to the relationship of the non-profit organizations with their substantive activities, as well as to other relations with their participation outside the subject of civil law (art. 2) The law or the charter of a non-profit organization is not otherwise provided for. "; 4) to supplement Article 50-1 as follows: " Article 50-1. Decision on the establishment of a legal person 1. A legal entity may be established by a decision of the founder (s) to establish a legal entity. 2. In the case of the establishment of a legal person by one person, the decision on its establishment is taken by the founder alone. In the case of the establishment of a legal person by two or more founders, the decision shall be taken by all the founders unanimously. 3. The decision on the establishment of a legal entity shall state information on the establishment of a legal entity, the approval of its charter, the procedure, size, manner and duration of the formation of the property of a legal entity, the election (appointment) of bodies of a legal entity. The decision to establish a corporate legal entity (Article 65-1) also indicates the results of the voting of the founders on the establishment of a legal person, the order of joint activity of the founders of the establishment a legal entity. The decision on the establishment of a legal entity shall also specify the other particulars prescribed by law. "; 5) in the second paragraph of article 51, paragraph 2, of the word" unreliable data ", to be replaced by the words" unreliable data, "; 6) Article 52 should read as follows: " Article 52. The constituent instruments of legal persons 1. Legal entities, with the exception of economic associations, operate on the basis of statutes, which are approved by their founders (participants). The Economic Community of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the 2. The State registration of legal persons may be subject to model statutes, the forms of which are approved by the authorized State body in accordance with the procedure established by the Law on the State Registration of Legal Persons. In such cases, the information referred to in paragraph 4 of this article and article 54, paragraph 5, of the present Code shall not be included in the statute of a legal person and shall be entered in the single State Register of Legal Persons. 3. In the cases provided for by law, the institution may act on the basis of a uniform model charter approved by its founder or authorized body for institutions established to carry out activities in certain areas. 4. The legal person's statutes must contain information on the name of the legal person, the place where he is located, the procedure for the management of the legal entity, as well as other information provided for by the law for legal persons. Form and type. The statutes of non-profit organizations, the statutes of unitary enterprises and the statutory cases in the statutes of other commercial organizations must define the object and purpose of the activities of legal entities. The object and purpose of the activities of a commercial organization may also be provided for in the statute also in cases where the law is not legally binding. 5. The founders (participants) of the legal person are entitled to approve the regulatory corporate relations (art. 2, para. 1) and other internal documents of the legal entity which are not constituent documents. The internal regulations and other internal documents of a legal person may contain provisions that are not contrary to the constituent instrument of a legal person. 6. Changes made to the constituent instruments of legal persons shall be effective for third parties from the date of the State registration of the constituent documents, and in the cases established by law, from the date of notification of the body exercising State registration of such changes. However, legal persons and their founders (participants) are not entitled to refer to the absence of registration of such changes in relations with third persons acting in the light of such changes. "; 7) in article 53: (a) next revision: " 1. The legal entity acquires civil rights and assumes civil obligations through its organs acting on its behalf (art. 182, para. 1), in accordance with the law, other legal acts and the constituent instrument. The procedure for the formation and competence of the bodies of legal persons shall be determined by law and the constituent instrument. A Constitutive document may stipulate that the power to act on behalf of a legal person is granted to several persons acting jointly or independently of each other. This information is to be included in the single State Register of Legal Persons. "; (b) in paragraph 2, the word" law "shall be replaced with the words" this Code "; , paragraph 3, amend to read: " 3. A person who, by law, other legal act or a constituent instrument of a legal person, is authorized to act on his behalf must act in the interests of the legal person he represents in good faith and reasonably. The members of the collegiate bodies of a legal entity (supervisory or other board, board and so on) bear the same obligation. (p.) "; g) to supplement paragraph 4 with the following: " 4. The relationship between a legal entity and the persons forming part of its organs is governed by this Code and the laws on legal persons adopted under it. "; 8) to supplement articles 53 to 1 and 53 to 2 as follows: " Article 53-1. The responsibility of the person who is authorized to perform on behalf of a legal person, members of the collegiate legal entity and persons who define the action of a legal person 1. A person who, by virtue of the law, other legal act or constituent instrument of a legal person, is authorized to make a statement on his behalf (art. 53, para. 3), shall be required to reimburse the legal entity, its founders (s) in favour of the interests of the legal person, the damages caused by his or her fault to the legal person. A person who, by law, other legal act or constituent instrument of a legal person, is authorized to act on his or her behalf, shall be liable, if it is proved that in the exercise of his or her rights and the performance of his or her rights, It acted in bad faith or unreasonable, including if its actions (inaction) were not in line with normal conditions of civil turnover or business risk. 2. The liability referred to in paragraph 1 of this article shall also be borne by the members of the collegiating bodies of a legal person, except those who voted against the decision which caused the loss to the legal person, or, in effect, in good faith, did not take part in the vote. 3. A person who has the de facto ability to determine the actions of a legal person, including the possibility of giving instructions to persons referred to in paragraphs 1 and 2 of this article, is obliged to act in the interests of the legal person reasonably and in good faith and shall carry liability for damages caused by his or her fault to a legal person. 4. In the case of a joint loss to a legal person, the persons referred to in paragraphs 1 to 3 of this article shall be obliged to compensate the losses in solidarity. 5. Agreement to remove or limit the liability of persons referred to in paragraphs 1 and 2 of this article for acts of bad faith, and in public society for acts of unfair and unreasonable acts (art. 53, para. 3) is negligible. The Agreement to remove or limit the liability of the person referred to in paragraph 3 of this article is negligible. Article 53-2. Affiliate In cases where this Code or another law raises legal consequences depending on the relationship of a person to a relationship (affiliation), the presence or absence of such a relationship is defined in "; 9) Article 54 should read as follows: " Article 54. Name, location and address of legal person 1. The legal entity has its name, which contains an indication of the organizational and legal form. The name of the non-profit organization and the name of the business organization under the law shall indicate the nature of the activity of the legal entity. The inclusion in the name of a legal person of the official name of the Russian Federation or of the Russian Federation, as well as the words derived from this name, is permitted in the cases provided for by law and decrees of the President of the Russian Federation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Full or abbreviated names of federal authorities may not be used in the names of legal persons, except in cases provided for by law, decrees of the President of the Russian Federation or acts THE RUSSIAN FEDERATION The procedure for the use of legal persons in the names of legal entities of the constituent entities of the Russian Federation may be established by the legal acts of the constituent entities of the Russian Federation. 2. The place of legal person is determined by the place of State registration in the territory of the Russian Federation by specifying the name of the municipality. The State registration of a legal person is carried out at the place of the permanent operating entity and, in the absence of a standing executive body, another body or persons authorized to speak from of the estate of a legal person by law, other legal act or constituent instrument. 3. The public register of legal persons should include the address of the legal entity. The legal person bears the risk of not receiving legally significant messages (article 165-1) delivered at the address specified in the single State Register of Legal Persons, as well as the risk of absence from the said address of a body or representative. Messages delivered at the address specified in the single State Register of Legal Persons are considered to be received by a legal entity, even if it is not at the address indicated. If a foreign legal representative has a representative in the territory of the Russian Federation, the reports delivered at the address of such representative are considered to be received by a foreign legal entity. 4. A legal entity that is a commercial organization must have a trade name. The company name requirements are set by this Code and other laws. The rights to a trade name shall be determined in accordance with the provisions of Title VII of this Code. 5. The name, trade name and location of the legal entity are specified in its constituent document and in a single public register of legal persons. "; 10) in article 55: . editions: " Article 55. Representation and branches of legal entity "; b) paragraph 3 of 3: " Representation and branches should be listed in a single public register of legal entities. "; 11) Article 56 should read as follows: " Article 56. Liability of legal person 1. The legal entity is in charge of all property belonging to it. The details of the responsibility of the executed enterprise and the institutions are determined by the rules of the third paragraph 6 of Article 113, paragraph 3 of Article 123-21, paragraphs 3-6 of Article 123-22 and Article 123-23, paragraph 2, of this Code. The specificities of the responsibility of a religious organization are governed by the rules of article 123, paragraph 2, of this Code. 2. The founder (participant) of the legal person or property owner does not meet the obligations of a legal person, and the legal person does not meet the obligations of the founder or owner, except in the cases provided for by the law. in this Code or other law. "; 12) in article 57: (a), paragraph 1 should read: " 1. The reorganization of a legal entity (merger, accession, separation, allocation, conversion) may be effected by decision of its founders (participants) or by the body of a legal entity authorized by the constituent instrument. It is possible to reorganize a legal person with a combination of the different forms set out in the first paragraph of this paragraph. It is possible to reorganize with the participation of two or more legal entities, including those created in different organizational and legal forms, if the present Code or other law provides for the conversion of a legal entity to one of the legal entities Such organizational and legal forms in the legal person of another of such organizational and legal forms. Restrictions on the reorganization of legal entities may be established by law. Issues of reorganization of credit, insurance, clearing organizations, specialized financial societies, specialized society of project financing, professional participants of the securities market, equity investment Funds, management companies of investment funds, mutual funds and non-State pension funds, non-state pension funds and other non-credit financial organizations, joint-stock companies of employees (people's enterprises) determined by the laws governing the activities of the of such organizations. "; b), second paragraph 2, paragraph 2, amend to read: " If the founders (parties) of a legal person, the body authorized by them, or the body of a legal entity authorized to reorganize it, The constituent instrument shall not proceed with the reorganization of a legal person within the time limit stipulated in the decision of the authorized State body; the court shall, in accordance with the procedure set by the State organ, shall appoint the arbitral tribunal, in accordance with the procedure established by law. the legal entity responsible for the reorganization of the legal entity faces. Since the appointment of the arbitral tribunal, it has been given the authority to administer the affairs of a legal entity. The arbitral tribunal shall act on behalf of the legal person in court, shall constitute a transfer act and refer it to the court, together with the constituent instruments of legal persons established as a result of the reorganization. The decision of the court to approve these documents is the basis for the State registration of newly created legal persons. "; , in paragraph 4: in the first paragraph of the word" new legal persons " to be replaced by the words "legal entities created as a result of reorganization"; to add the following paragraph: " State registration of a legal entity created as a result of reorganization (in the case of registration of several Legal persons-the first State registration), It is possible not earlier than the deadline for an appeal against a reorganization decision (art. 60-1, para. 1). "; 13) in article 58: (a) in paragraphs 1 and 2 of the word" in accordance with the transfer act ", delete; b) In paragraph 3, replace the words "by the dividing balance" with "transfer act"; in paragraph 4 of the words "by the dividing balance" should be replaced by the words "transfer act"; , paragraph 5, amend the words "5" to read: . In the transformation of a legal entity of one organizational-legal form into a legal entity of another organizational and legal form, the rights and obligations of the reconstituted legal entity against other persons are not changed except rights and Responsibilities for founders (participants) whose change is due to reorganization. Article 59 should read as follows: " Article 59. The system act 1. The Final Act shall contain provisions on succession to all obligations of the restructured legal person in respect of all its creditors and debtors, including obligations contested by the parties, as well as the procedure for determining the succession In view of the change in the type, composition, value of the property, the creation, modification, termination of the rights and duties of the legal person being reorganized, which may occur after the date on which the transfer has been drawn up. 2. The transfer act is approved by the founders (s) of the legal person or body that decided to reorganize the legal entity and is submitted together with the constituent instruments for the registration of legal persons established by the State as a result of reorganization or amendments to the constituent instruments of existing legal entities. Failure to submit, together with the constituent instruments of the transfer act, the absence of a provision on succession to all obligations of a restructured legal person shall entail the refusal of the State registration of legal persons, as a result of reorganization. "; 15), article 60 should read as follows:" Article 60. Guarantees of the rights of creditors to be reorganized legal person 1. Within three working days after the date of the decision on the reorganization of a legal entity, it is obliged to notify the authorized State body conducting the State registration of legal entities in writing of the commencement of the procedure reorganizing with reorganization form. In the event of participation in the reorganization of two or more legal persons, such notification shall be given by the legal entity, the latter having taken the decision to reorganize or a certain reorganization decision. On the basis of such notification, the authorized State body conducting the State registration of legal entities shall make a record of the legal persons being in the process of reorganization to a single State register of legal entities. Reorganized legal person, after the incorporation into a single state register of legal entities of a record of the commencement of the reorganization proceedings, once a month, once a month is published once a month in the mass media, in which State registration of legal entities and notification of their reorganization are published. In the case of participation in the reorganization of two or more entities, the notice of reorganization is published on behalf of all legal entities involved in the reorganization of legal entities, the latter having taken a decision to reorganize or a certain decision the reorganization. The notice of reorganization shall specify the particulars of each participating in the reorganization, whether created or continuing as a result of the reorganization of the legal entity, the form of reorganization, the description of the order and the terms and conditions of the declaration by the creditors requirements, other information provided by law. The Act may provide for the obligation of the legal person to be reorganized to notify creditors in writing of its reorganization. 2. A creditor of a legal person, if its rights have arisen before the first notice of the reorganization of a legal person is published, is entitled to demand early fulfilment of the relevant obligation by the debtor, and The failure of early enforcement-the termination of the obligation and the compensation of related damages, except in the cases established by law or by agreement of the creditor with the legal person being reorganized. Claims for early fulfilment of the obligation or termination of obligation and damages may be submitted by creditors not later than thirty days after the date of the last notice of reorganization a legal entity. The right provided for in the first paragraph of this paragraph shall not be accorded to a creditor already in sufficient security. The claims before the date of the reorganization, including the deposit of a deposit in the cases provided for in article 327 of this Code, must be fulfilled. A creditor is not entitled to demand the early performance of the obligation or the termination of the obligation and to compensate for the loss if, within thirty days of the date of the creditor's presentation of these claims, it will be provided with security, is recognized as sufficient in accordance with paragraph 4 of this article. The claim by creditors of claims under this paragraph is not a reason for suspending the reorganization of a legal person. 3. If the creditor who required under the rules of this article for the early fulfilment of the obligation or the termination of the obligation and the payment of damages has not been granted such execution, the loss is not made good or sufficient Enforcement of the obligation, joint and several liability to the creditor, together with legal entities created as a result of reorganization, shall be liable to the persons who have a de facto ability to determine the actions of organized legal persons (para. (3 articles 53-1), members of their collegial bodies and the person authorized to do so to speak on behalf of an organized legal person (art. 53, para. 3), if they act in their actions (inaction) to the effect on the creditor and, in the form of a reorganization, to be jointly and severally liable The creditor, along with these persons, also has an organized legal entity. 4. The secured creditor's enforcement of the legal person's obligations to be reorganized or to recover related losses is considered sufficient if: 1) the creditor has agreed to accept such security; 2) The creditor has been granted an independent, irrevocable guarantee by a credit institution whose creditworthiness does not give rise to reasonable doubt, with an expiry date of at least three months exceeding the duration of the secured obligation and the condition payment upon presentation of claims against the guarantor with the creditor The application of proof of failure to perform a restructured or reconstituted legal entity. 5. If the transfer act does not allow the identification of the successor by the obligation of the legal person, and also if the transfer act or other circumstances indicate that the assets and liabilities of the reorganizes are distributed in bad faith. Legal persons, which resulted in a significant breach of the interests of creditors, a reorganized legal entity and legal entities created as a result of reorganization are jointly and severally liable for such an obligation. "; 16) Articles 60 to 1 and 60 to 2 reading: Article 60-1 . Consequences of invalidating a decision on reorganization of a legal person 1. A decision on the reorganization of a legal person may be declared invalid at the request of the participants in the legal person being reorganized, as well as other persons who are not members of a legal person, if such a right has been granted by law. The requirement may be brought before a court no later than three months after the incorporation into a single public register of legal entities of the commencement of the reorganization proceedings, unless otherwise stipulated by law. 2. The annulment of a reorganization of a legal person by a court does not result in the liquidation of the legal person resulting from the reorganization, nor is it a ground for invalidating the transactions made by such a court by a legal entity. 3. If the decision to reorganize a legal person is not valid until the end of the reorganization, if the State registration of the part of the entities to be created as a result of the reorganization has been effected, the succession takes place only in respect of such registered legal persons, the rest of the rights and obligations are reserved for former legal entities. 4. Persons who have unscrupulously contributed to the adoption of an invalid reorganization decision by a court of law are bound to indemnize the participant of the reorganized legal entity who voted against the decision to reorganize or not participating in the vote, as well as to the creditors of a restructured legal entity. The legal entities created by the reorganization on the basis of the decision have been responsible for those persons who unscrupulously contributed to the reorganization decision. If the decision to reorganize a legal entity was made by a collegial body, the members of that body who voted in favour of the decision shall be jointly and severally liable. Article 60-2. To recognize the reorganization of the failed corporation 1. The court, at the request of a member of a corporation who voted against a decision to reorganize the corporation or who did not participate in the voting on the matter, may recognize the reorganization of the failed if the reorganization decision was not accepted by the participants of the reorganized corporation and also in the case of the submission for State registration of legal entities created by reorganization, documents containing untrustable data on reorganization. 2. The court's decision to recognize the reorganization of the failed entailed the following legal consequences: (1) the legal entities that existed prior to the reorganization are restored, with the simultaneous termination of the legal entities created as a result Reorganization, as recorded in the Single State Register of Legal Persons; (2) deals of legal entities created as a result of reorganization, with persons in good faith on a succession for the restored legal entities that are solidary debtors and creditors in such transactions; 3) the transfer of rights and obligations is recognized as failed, with provision (payments, services, etc.). (a) In favour of a legal entity created as a result of reorganization, debtors who have been in good faith on the side of the creditor are deemed to have been committed in favour of the person entitled to the reorganization. If, at the expense of assets (assets) of one of the legal entities involved in the reorganization, the duties of the other who have been transferred to a legal entity established as a result of the reorganization are performed, the rules on the subject shall apply to the relations of the persons concerned. (c) Obligations arising from unreasonable enrichment (chap. 60). The payments made could be challenged on the application of the person from whom they were made, if the recipient knew or should have been aware of the illegality of the reorganization; 4) members of the pre-existing legal entity Persons are recognized by the holders of participation in it in the amount in which the shares belonged to them prior to the reorganization, and the participation of the participants in the reorganization, or at the end of the participants ' participation a legal person is returned to them by the rules laid down in article 65, paragraph 3 of this Code. "; 17) Article 61 should be amended to read: Article 61. Liquidation of a legal person 1. The elimination of a legal person entails termination without the transition to a universal succession of his rights and obligations to other persons. 2. The legal entity shall be dissolved by the decision of its founders (participants) or the body of a legal entity authorized by the constituent instrument, including due to the expiry of the period for which the legal entity was established, with the attainment of the goal, for the sake of It has been created. 3. The legal entity shall be dissolved by court order: (1) at the suit of a public authority or a local government body, who is entitled to claim the liquidation of a legal person by law, in the event of recognition State registration of a legal person is null and void, including in connection with gross violations of the law, if these violations are irrecoverable; 2) at the request of a public authority or body the right to demand liquidation a legal person is provided by law, in the case of the exercise by a legal person of an activity without the proper authorization (licence), or in the absence of compulsory membership of a self-regulating organization or the necessary certificate of law Allowing for a certain type of work issued by a self-regulating organization; 3) on the claim of a public authority or a local self-government body that is entitled to claim the liquidation of a legal person by law, in the case of the exercise by a legal person of an activity, prohibited by law or in violation of the Constitution of the Russian Federation, or with other repeated or gross violations of the law or other legal acts; 4) at the suit of a public authority or local self-government body, The right to demand liquidation of a legal person is provided by law, in case of systematic implementation by a public organization, charitable and other foundation, religious organization of activities contrary to the statutory aims such organizations; 5) on the claim of the founder (participant) A legal person, if it is impossible to achieve the objectives for which it is established, including if the activity of a legal person becomes impossible or significantly difficult; 6) in other cases, prescribed by law. 4. Since the decision on the liquidation of a legal person, the period of performance of its obligations to creditors is considered to have occurred. 5. The decision of the court to liquidate a legal person on its founders (participants) or on the body authorized to liquidate a legal person by its constituent instrument may be entrusted with the liquidation of a legal person. Failure to comply with a court decision is the basis for the liquidation of a legal person by an arbitral tribunal (art. 62, para. 5) through the property of a legal person. If the legal entity has insufficient funds for the costs of its liquidation, these costs are borne by the founders (participants) of the legal person (art. 62, para. 2). 6. Legal persons, except those provided for in article 65 of this Code of Legal Persons, may be declared bankrupt by a court decision (bankrupt) and liquidated in cases and in the manner prescribed by law Insolvency (bankruptcy). General rules for the liquidation of legal persons contained in this Code apply to the liquidation of a legal person through a competitive process in cases where the present Code or the insolvency law (bankruptcy) does not have any other rules. "; 18) article 62 should read: Article 62. Duties of the persons who took the decision to eliminate legal person 1. The Constituents (participants) of the legal person or body that has decided to liquidate a legal person shall, within three working days of the date of adoption of the decision, be obliged to inform the competent State authority in writing thereof, State registration of legal entities, for incorporation into a single State register of legal entities of the record that the legal entity is in the process of liquidation, and to publish the details of the decision Order established by law. 2. The founders (participants) of the legal person, regardless of the grounds on which it was decided to eliminate the legal person, including in the case of the actual cessation of the activity of a legal person, are obliged to carry out the legal person's property at the expense of the legal person. liquidation of a legal person. If the property of a legal entity is not sufficient, the founders (participants) of the legal entity are obliged to carry out these actions in solidarity at their own expense. 3. The founders (participants) of the legal entity or the body that decided on the liquidation of a legal person shall appoint the liquidation commission (liquidator) and establish the order and deadlines for liquidation in accordance with the law. 4. From the moment of appointment of the liquidation commission, the authority to administer the affairs of a legal person has been transferred to it. The Liquidation Commission, on behalf of the dissolved legal entity, is in court. The Liquidation Commission has the duty to act in good faith and reasonably in the interests of the legal entity being liquidated and its creditors. If the liquidating commission has established that the property of a legal entity is not sufficient to satisfy all the creditors ' claims, the further liquidation of a legal entity may be carried out only in accordance with the procedure established by the law. The insolvency law (bankruptcy). 5. In the event of default or improper fulfilment by the founders (s) of the legal person's liquidation duties, the interested person or the authorized State authority has the right to seek the judicial liquidation of the legal entity. the person and the appointment of the arbitration manager. 6. If it is not possible to liquidate a legal person in the absence of funds for the expenses necessary to liquidate it, and the inability to assign these costs to its founders (participants), the legal entity should be excluded from the single State Register of legal persons in accordance with the procedure established by the Law on State Registration of Legal Persons. "; The order of liquidation of the legal person 1. The Liquidation Commission publishes in the media the information on the state registration of the legal entity, the communication of its liquidation and the order and duration of the claims by its creditors. This period shall not be less than two months from the date of publication of the liquidation report. The Liquidation Commission takes measures to identify creditors and receivables and notifies creditors in writing of the liquidation of a legal entity. 2. Upon completion of the creditor's filing period, the liquidation commission shall draw up an interim liquidation balance, which shall contain information on the composition of the property of the entity in liquidation, the list of claims brought against it The creditors, the results of their review, and the list of claims granted by the court that entered into force, regardless of whether such claims were accepted by the liquidation committee. The interim liquidation balance shall be approved by the founders (participants) of the legal entity or by the body that decided on the liquidation of the legal entity. In cases established by law, the interim liquidation balance shall be approved by agreement with the authorized State authority. 3. In the case of insolvency (bankruptcy) of a legal person, liquidation proceedings under the rules of this Code shall be terminated and the liquidation commission shall notify all known creditors of it. The creditors ' claims in case of termination of the liquidation of a legal person in insolvency proceedings (bankruptcy) are dealt with in the manner established by the insolvency law (bankruptcy). 4. If the funds available to the legal entity (other than institutions) are insufficient to satisfy the creditors ' claims, the liquidation commission shall sell the property of a legal entity that is subject to the law may be subjected to recovery from the bidding, except for objects not exceeding a hundred thousand roubles (according to the approved intermediate liquidation balance), for which sale is not required for sale. In case of failure of the property of the liquidated legal entity to satisfy the creditors ' claims or if there are signs of bankruptcy of a legal person, the liquidation commission shall apply to the arbitral tribunal with a statement of The bankruptcy of a legal person, if such a legal entity may be declared insolvent (bankrupt). 5. Payment of monetary amounts to creditors of a legal entity shall be made by a liquidation commission, in the order of priority established by article 64 of the present Code, in accordance with the interim liquidation balance as from the date of its approval. 6. Upon completion of the calculation with the creditors, the liquidation commission shall draw up the liquidation balance, which shall be approved by the founders (s) of the legal entity or the entity that decided to liquidate the legal person. In cases determined by law, the liquidation balance shall be approved by agreement with the authorized State authority. 7. In cases where the present Code provides for subsidiary liability of the owner of the property of the institution or of the executed enterprise on the obligations of the institution or of this undertaking, if the institution is liquidated, or The property that may be punished by the law may be brought to court by the creditors to satisfy the rest of the claims at the expense of the owner of the property of that institution or enterprises. 8. The remainder after satisfying the creditors ' claims, the property of the legal entity is transferred to its founders (participants) who have a proprietary right to that property or corporate rights in respect of a legal person, unless otherwise provided by law, by other legal acts or constituent instrument of a legal person. If there is a dispute between the founders (participants) of the person to be transferred, it shall be sold by the liquidation committee. Unless otherwise established by this Code or by another law, the liquidation of the non-profit organization remaining after satisfying the creditors ' claims is submitted in accordance with the charter of the non-profit organization for the purposes of the achievements of which it was created, and (or) for charitable purposes. 9. The liquidation of a legal entity is completed and the legal person who has ceased to exist after having been informed of his termination in a single State register of legal persons in accordance with the procedure established by the Law on State Registration legal persons. "; 20) in article 64: (a) the title should read: " Article 64. Satisting the creditors ' claims of the closing legal entity "; b) in paragraph 1: the first paragraph should read: " 1. If the legal entity is liquidated after the liquidation of the current costs, the requirements of its creditors are met in the following order: "; , paragraph 7, amend to read: " In the liquidation of banks that attract funds of citizens, the requirements of the bank's creditors with or in their favour to bank deposits or bank accounts are also met in the first instance, except in the case of banks 'depositors' funds. of contracts relating to the conduct of a citizen's business or other Professional activities, in part of the principal amount of arrears and interest, the requirements of the organization implementing compulsory deposit insurance for deposits under the Insurance Act Citizens ' deposits in banks and the requirements of the Bank of Russia in connection with the payment of deposits of citizens in banks in accordance with the law. "; add the following paragraph: Claims by creditors for damages Loss of profits and penalties (fines, penalties), including for Failure or improper performance of the obligation to pay the mandatory payments shall be satisfied after the creditors have satisfied the requirements of the first, second, third and fourth queues. "; " 3. If the property of the legal person in liquidation is insufficient, when such a legal person in the cases provided for in this Code cannot be declared insolvent (bankrupt), the property of such a legal entity is distributed between by creditors of the appropriate queue in proportion to the size of the requirements to be satisfied, unless otherwise determined by law. "; , paragraph 5, shall be declared void; d) to supplement paragraphs 5-1 and 5-2 as follows: " 5-1. Elimination of legal person: (1) claims of creditors not satisfied owing to the insufficiency of the assets of the liquidated legal entity and not satisfied with the property of the grantees liability for such claims if the legal person in liquidation in the cases provided for in article 65 of this Code cannot be declared insolvent (bankrupt); (2) the requirements not recognized by the liquidation commission; If the creditors did not claim such claims before the court; 3) claims for which the court's decision to creditors has been refused. 5-2. In the event of the discovery of the property of the dissolved legal entity excluded from the single State register of legal persons, including by the recognition of such a legal person insolvent (bankrupt), the person concerned, or The authorized public authority is entitled to apply to the court for the appointment of the procedure for the distribution of the discovered property among the persons entitled to that right. The property also includes claims by the liquidated legal entity against third parties, including those arising from the breach of the order of creditors ' claims, for which the person concerned was not executed in full. In this case, the court shall appoint an arbitrator who shall be responsible for the distribution of the recovered property of the dissolved legal entity. Statement of appointment of the procedure for the allocation of discovered assets of a liquidated legal entity may be filed within five years of the date of submission of the termination information to the single State register of legal entities a legal entity. The procedure for distributing the discovered assets of a liquidated legal entity may be subject to the availability of sufficient funds to carry out the procedure and the possibility of distribution of the discovered property among the persons concerned. The procedure for distributing the discovered property of the dissolved legal entity is carried out according to the rules of this Code on the Elimination of Legal Persons. "; (e) paragraph 6. Article 64-1, to read: " Article 64-1. Protection of the rights of creditors of a liquidating legal person 1. In the event that the liquidation committee fails to satisfy the creditor's claim or to evade its consideration, the creditor is entitled to apply to the court for the satisfaction of its claim against the creditor prior to the approval of the liquidation The legal person to be dissolved. In the event of a court's satisfaction with the creditor's claim, payment of the amount awarded to him shall be made in the order of priority established by article 64 of this Code. 2. Members of the liquidation commission (liquidator) at the request of the founders (participants) of the liquidated legal person or upon the request of its creditors are obliged to compensate the founders (parties) of the liquidated legal entity. or its creditors, in the order and on the grounds provided for in article 53-1 of this Code. "; 22), to supplement article 64-2, as follows: " Article 64-2. The termination of the inactive legal person 1. It is considered to be in fact terminated and is subject to the exception of a single State register of legal persons, in accordance with the procedure established by the Law on the State Registration of Legal Persons, a legal entity, which, within the period of twelve The months prior to his exclusion from the said registry did not represent the records of the Russian Federation's legislation on taxes and fees and did not operate at least one bank account (inactive) legal entity). 2. The exclusion of a non-performing legal entity from a single State register of legal persons shall have the legal effects provided for in this Code and other laws for the liquidating legal entities. 3. The exclusion of a non-performing legal entity from a single State register of legal persons does not preclude the prosecution of persons referred to in article 53-1 of this Code. "; , to read: " Article 65-1. Corporate and unitary legal entities 1. Legal entities whose founders (members) have the right to participate (membership) in them and form their supreme body in accordance with article 65-3, paragraph 1, of this Code are corporate entities (corporations). These include economic partnerships and societies, peasant (farm) holdings, economic partnerships, production and consumer cooperatives, social organizations, associations (unions), partnerships of real estate owners, Cossack society in the State register of Cossack societies in the Russian Federation, as well as the communities of the small indigenous peoples of the Russian Federation. Legal entities whose founding members do not become participants and do not acquire the rights of membership are the unitary legal entities. These include State and municipal unitary enterprises, foundations, institutions, autonomous non-profit organizations, religious organizations and public law firms. 2. In connection with corporate participation, participants acquire corporate (membership) rights and obligations in respect of their legal entity, except as provided for in this Code. Article 65-2. Rights and obligations of the members of a corporation 1. The members of the corporation (the participants, the members, the shareholders, etc. ) to the right: to participate in the management of the affairs of a corporation, except as provided for in article 84, paragraph 2, of this Code; in cases and in the manner provided for by the law and the constituent instrument corporations, obtain information about the corporation's activities and get acquainted with its accounting and other documentation; to appeal against decisions of the corporation with civil consequences in the cases and in the manner provided for by law; Claim, acting on behalf of the corporation (Article 182, para. 1), Compensation for damages suffered by the corporation (art. 53-1); of their invalidity and the consequences of the nullity of the insignificant transactions of the corporation. Members of a corporation may have other rights as provided by the corporation's law or constituent instrument. 2. A member of a corporation or a corporation that requires compensation for damages (article 53-1) or the acknowledgement of a corporate transaction that is not valid or the consequences of the invalidity of the transaction must take reasonable steps to deal with the damage caused by the transaction. Advance notice to other members of the corporation and, where appropriate, the corporation's intention to bring such claims before the court, and provide them with other relevant information. The procedure for notification of intent to sue may be provided for by corporate law and by the corporation's constituent instrument. Members of a corporation that did not join in the procedure established by the procedural law to the claim for damages (art. 53-1) or to an action for annulment by a corporation committed by the corporation or on the application of the consequences of the invalidity of a transaction, it is not possible thereafter to apply to the court the same requirements, unless the court admits the reasons for it to be respectful. 3. Unless otherwise established by this Code, a member of a commercial corporation that has lost, in addition to its will as a result of unlawful actions by other parties or third parties, has the right to demand the return of participation, Persons who have been transferred to other persons, with fair compensation, as determined by the court, as well as damages to the persons responsible for the loss of the share. The Court may refuse to return a share of participation if it leads to inequitable denial of their rights of participation, or will result in extremely negative social and other public consequences. In this case, a person who has lost his or her will to participate in the corporation is entitled to fair compensation as determined by the court. 4. The corporation is obliged to: participate in the formation of the corporation's property in the necessary amount, in the manner and within the time limits provided for by this Code, other law or the incorporation document of the corporation; not disclose confidential information about corporate activities; participate in corporate decision making, without which the corporation cannot continue its activities in accordance with the law, if its participation is necessary for of making such decisions; do not commit, knowingly that are intended to cause harm to the corporation; do not commit acts (omissions) that make it impossible or impossible to achieve the purposes for which the corporation was established. Members of a corporation may carry other duties as provided by the corporation's law or constituent instrument. Article 65-3. Management in Corporation 1. The highest organ of the corporation is the general assembly of its members. In not-for-profit corporations and production cooperatives with more than a hundred members, congress, conference or other representative (collegiate) body, defined by their statutes in accordance with the law. The competence of this body and the manner in which they are decided shall be determined in accordance with this Code of Law and the Charter of the Corporation. 2. Unless otherwise provided for by this Code or other law, the exclusive competence of the supreme organ of the corporation shall be: Identification of priority activities of the corporation, the principles of education and its use property; approval and modification of the corporate charter; determining how to accept and exclude members of a corporation, except in cases where the law is defined by law; education other organs of the corporation and the early termination of their powers if The statute of the corporation under the law does not fall within the competence of other collegial bodies of the corporation; approval of the annual reports and the accounting (financial) accounts of the corporation, if the corporation's statute is The law does not fall within the competence of other collegiating bodies of the corporation; making decisions about the creation of a corporation of other legal entities, the participation of the corporation in other legal entities, the establishment of branches, and both to open the offices of the corporation, except in cases where the statute Economic society, in accordance with the laws on economic societies, the adoption of such decisions on these issues is within the competence of other collegial bodies of the corporation; on the appointment of a liquidation board (liquidator) and approval of the liquidation balance; selection of an audit commission (auditor) and appointment of an audit organization or individual auditor of a corporation. The exclusive competence of its supreme organ may be assigned to the exclusive competence of its supreme organ by the resolution of other matters. Questions which are covered by this Code and other laws to the exclusive competence of the supreme organ of a corporation may not be referred to them for decision by other organs of the corporation unless otherwise provided by this Code or other by law. 3. The corporation will form a single executive body (Director, Director-General, Chairman, etc. (...) (...) The Charter of a corporation may provide for the granting of the authority of a single executive body to several persons acting jointly or to form several single executive bodies operating independently of one another (paragraph Paragraph 1 of article 53). As a single executive organ of a corporation, both a natural person and a legal person may act. In the cases provided for by this Code, other law or corporate statute, the corporation will form a collegiate executive body (board, management, etc.). (...) (...) The competence of the corporations referred to in this paragraph shall relate to matters outside the competence of its supreme body established in accordance with paragraph 4 of this article of the collegiating authority. 4. In addition to the executive bodies referred to in paragraph 3 of this article, the corporation may be constituted in the cases provided for in this Code, by another law or by the statute of a corporation, a collegiate authority (observatory or other) A council that controls the activities of the executive organs of the corporation and performs other functions conferred on it by the law or by the corporation's statute. Persons exercising the authority of the sole executive organs of corporations, and members of their collegiate executive bodies, cannot constitute more than one quarter of the composition of the collegiate bodies of corporate governance and may not be theirs Presidents. Members of the corporate governance body have the right to receive information about the corporation's activities and to get acquainted with its accounting and other records, to claim damages for the corporation's losses (Article 53-1), to dispute the transactions made by the corporation on the grounds provided for in article 174 of this Code or on the corporations of certain organizational and legal forms, and to require the application of the consequences of their invalidity, as well as the application of the consequences of the nullity of the insignificant transactions of the corporation in the order, Article 65-2, paragraph 2, of this Code. "; 24) in paragraph 2: (a) the name should read: " § 2. Commercial corporate organizations "; b) the name Paragraph 1, amend to read: " 1. The general provisions on economic partnerships and societies "; , article 66, read as follows: " Article 66. Basic provisions on economic partnerships and societies 1. Business associations and societies recognize corporate commercial organizations with shares (deposits) of the founders (participants) of the statutory (warehousing) capital. The property created by the contributions of the founders (participants), as well as by the company or society produced and acquired by the economic association or society, shall belong to the ownership of a business partnership or society. The entitlements of economic agents are determined in proportion to their shares in the statutory capital of the society. The rights of participants in a non-public economic society may be provided for by the statute of the society, as well as by a corporate contract, provided that the existence of such a treaty is available and the extent of the rights of the participants society in a single State register of legal entities. 2. In the cases provided for in this Code, economic society may be created by one person who becomes the sole participant. The economic society cannot have as the only participant another economic society composed of one person, unless otherwise stipulated by this Code or other law. 3. Economic partnerships may be created in the form of a full partnership or partnership on a belief (commando partnership). 4. Economic societies can be established in the organizational and legal form of a joint-stock company or a limited liability company. 5. Individual entrepreneurs and commercial organizations may be members of full partnerships and complete camaraderie. The participants in economic societies and depositors may be citizens and legal entities, as well as public and legal entities (art. 125). 6. State bodies and local self-government bodies shall not be entitled to participate in their own name in economic associations and societies. The institutions may be members of economic societies and depositors in partnerships on faith with the permission of the owner of the property of the institution, unless otherwise stipulated by law. The Act may prohibit or restrict the participation of certain categories of persons in partnerships and societies. Business partnerships and societies may be founders (participants) of other economic associations and societies, except as provided by law. 7. Special features of the legal situation of credit institutions, insurance organizations, clearing organizations, specialized financial societies, specialized society of project financing, professional participants in the securities market, equity investment funds, managers of investment funds, mutual funds and non-state pension funds, non-state pension funds and other non-credit financial institutions, joint-stock companies workers (people's enterprises) as well as the rights and obligations of their participants are defined by the laws governing such organizations. "; g) to supplement articles 66-1 to 66-3 as follows: " Article 66-1. Contributions to the property of the economic partnership or society 1. The contribution of the participant of the economic partnership or society to its property may be money, things, shares (shares) in the statutory (warehousing) capital of other economic partnerships and societies, state and municipal bonds. Such contributions may also be exceptional, other intellectual and licensing rights, unless otherwise specified by law. 2. The law or constituent documents of a business association or society may establish the types of property referred to in paragraph 1 of this article which may not be made for payment of shares in the statutory (warehousing) capital of the economic activity. Partnerships or societies. Article 66-2. The main provisions of the charter capital of the economic society 1. The minimum size of the authorized capital of economic societies is determined by the laws on economic societies. The minimum size of the authorized capital of economic societies implementing banking, insurance or other licensing activities, as well as joint-stock companies using open (public) subscriptions to their shares, are established by laws that define the legal situation of these economic communities. 2. Payment of the authorized capital of an economic society shall be paid in the amount not less than the minimum amount of the authorized capital (paragraph 1 of this article). The monetary evaluation of non-monetary contributions to the authorized capital of a business society should be conducted by an independent appraiser. A member of an economic society is not entitled to determine the monetary value of the non-monetary contribution in excess of the estimate determined by the independent evaluator. 3. When paying the share in the authorized capital of a society with limited liability not by money, but other property, the participants of the society and the independent appraiser in case of insufficient property of the society bear the subsidiary responsibility in solidarity with the society. of its obligations within the limits of the amount on which the assessment of the property, made in the authorized capital, is overstated within five years from the date of the State registration of the society or the introduction of relevant changes in the tired society. When the equity of the joint-stock company is entered into the equity capital of the joint-stock company, and the independent appraiser, in case of insufficient property of the society, is jointly responsible for its subsidiary liability. obligations within the amount by which the assessment of the property, made in the authorized capital, is overstated within five years from the date of the State registration of the society or the incorporation of the relevant changes into the tired society. The rules of this paragraph on the responsibility of a member of society and an independent appraiser shall not apply to economic societies established under privatization laws by privatizing State or municipal governments. Unitary enterprises. 4. Unless otherwise provided for in the laws on economic societies, the founders of the economic society must pay at least three quarters of its authorized capital prior to the state registration of the society, and the rest of the authorized capital of the society. society-during its first year of operation. In cases where the law permits state registration of a business society without first paying three fourths of the authorized capital, the members of the society bear subsidiary responsibility. Obligations arising prior to the full payment of the authorized capital. Article 66-3. Public and non-public societies 1. Public is a joint-stock company whose shares and securities, which are convertible into its shares, are publicly placed (by open subscription) or publicly address the conditions established by the securities laws. The rules on public societies also apply to joint-stock companies whose statutes and corporate names contain an indication that society is public. 2. A society with limited liability and a joint-stock company that does not meet the grounds referred to in paragraph 1 of this article shall be declared non-public. 3. By decision of the participants (founders) of non-public society, adopted unanimously, the following provisions may be included in the tired society: 1) on the transfer to the collegial body of public administration (art. 65-3, para. 4); or the collegiating executive body of the society of issues which the law is responsible for the general assembly of the participants of the economic society, with the exception of the issues: amending the constitution of the economic society, the adoption of the statute in new editions; reorganizing or eliminating of an economic society; on the definition of the size of a collegial body of public administration (art. 65-3, para. 4) and a collegiating executive body (if it is placed in the competence of the general meeting of the participants of economic society), election of their members and early termination of their powers; definitions of the number, nominal value, category (type) of declared shares and rights granted by these shares; Capital of a limited liability company disproportionate share of the participants, or by the acceptance of a third party to such a society; claims other than the constituent instruments of internal regulations or other internal documents (art. 52, para. 5) of economic society; 2) on the consolidation of the functions of the collegial executive body of the society for the collegial authority of the public administration (art. 65-3, para. 4), in whole or in part or not to the establishment of a collegial body of the executive body, if its functions are performed by the said collegial body management; 3) on the transfer to the sole executive organ of the society of the functions of the collegiating executive body of the society; 4) that there is no audit commission in the company or its establishment solely in the case of in accordance with the Constitution of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the such changes do not deprive participants of the right to participate in the general assembly of non-public society and the receipt of information about it; 6) on requirements other than those established by laws and other legal acts of the size, formation and holding of meetings of a collegial body of the public administration (art. 65-3, para. 4), or the collegiating executive body of the society; 7) on the procedure for the exercise of the right of purchase of a stake or a part of a share in the authorized capital of a limited liability or priority of the acquisition of shares held by the stock company or the maximum share of the participation of a member of a limited liability company in the statutory capital of the society; 8) on attributing the competence of the general meeting of shareholders to issues in accordance with this Code or the Law on joint-stock companies; (9) other provisions in the cases provided for in the laws on economic societies. 4. In cases where the provisions of paragraph 3 of this article are not among the provisions subject to the mandatory inclusion in the statute of a non-public economic society under this Code or other laws, they may be provided for by a corporate contract to which all the members of this society are parties. "; (d) Article 67 should read as follows: " Article 67. Rights and duties of the participant in the economic partnership and society 1. A member of the economic partnership or society, together with the rights provided to the members of the corporation by article 65-2, paragraph 1, of this Code, shall also have the right: to participate in the distribution of profits of the partnership or society; to which it is a party; to obtain, in the event of the elimination of a partnership or society, a portion of the property remaining after settlements with creditors, or its value; to require the exclusion of another participant from the partnership or Public joint-stock companies (excluding public joint-stock companies), with payment the real value of his participation, if such a participant has caused substantial damage to a partnership or society or otherwise significantly complicates his activities and the achievement of the purposes for which he or she is involved was created, including in flagrant violation of its obligations under the law or the constituent documents of the partnership or society. The refusal or restriction of this right is null and void. The members of economic associations or societies may also have other rights under this Code, the laws on economic societies, the constituent documents of the partnership or society. 2. A member of the economic partnership or society, together with the obligations for the participants of the corporation, article 65-2, paragraph 4, of this Code, is also obliged to contribute to the statutory (warehousing) capital of the partnership or society, to which he or she is a party, in the order, in the amounts, by means of the constituent instrument of a economic association or society, and the contributions to other property of the economic association or society. The participants of economic partnerships and societies may carry other duties as provided by the law and their constituent documents. "; e) to supplement articles 67-1-67-3 as follows: " Article 67-1. Features of management and control in business partnerships and societies 1. The management of the full partnership and partnership on the faith is carried out in accordance with the procedure established by articles 71 and 84 of this Code. 2. To the exclusive competence of the general meeting of the participants of the economic society together with the issues mentioned in article 65-3, paragraph 2 of this Code, are: (1) the change in the size of the authorized capital of the society, if not otherwise. is provided for by the laws on economic societies; 2) the decision to transfer the powers of the single executive body of the society to another economic society (managing organization) or to an individual entrepreneu (manager) and approval of such an administering organization or such of the governing and terms of the contract with the administering organization, or with such manager, if the rules of the society in question do not fall within the competence of the collegial body of public administration (art. 65-3, para. 4); 3) The distribution of profit and loss of society. 3. The adoption by the general meeting of the participants of the economic society of the decision and the participation of the members of the society present at its acceptance are confirmed in relation to: 1) the public joint-stock company by the registrer shareholders in such a society and acting as the accounting commission (art. 97, para. 4); (2) of a non-public joint-stock company, by a notary, by a notary or by a person who carries out the register of the shareholders of such a society the functions of an accounting commission; 3) of society c Limited liability by means of a notary's certificate, unless otherwise (by all participants or by part of the participants; by means of technical means so as to permit an accurate determination of the decision; otherwise, not in conflict with the law) is not provided for by the charter of such a society or by a decision of the general meeting of the participants of the society, adopted unanimously by the participants of the society. 4. A society with limited liability to verify and validate the annual accounting (financial) reporting is entitled and, in the cases provided for by law, it is the obligation of the auditor not to be associated with the property interests to annually by society or by its participants (external audit). Such audit may also be carried out at the request of any of the participants in the society. 5. The annual accounting (financial) reporting is to be audited annually by the joint-stock company, which is not related to the property interests of the society or its participants. In the cases and in the manner prescribed by the law, the charter of the society, audit of the accounting (financial) accounts of the joint-stock company should be carried out at the request of shareholders, the cumulative share of which in the authorized capital The company accounts for 10 per cent or more. Article 67-2. Corporate Contract 1. The participants in a business society or some of them have the right to enter into a treaty on the exercise of their corporate (membership) rights (corporate contract) under which they undertake to exercise these rights in a certain manner or to refrain from (to refuse) their implementation, including to vote in a certain way at the general meeting of the participants in the society, to take other actions in the management of society in a concerted manner, to acquire or to alienate the share in its authorized capital (shares) at a certain price or on the occurrence of certain or refrain from alienating the share (shares) prior to certain circumstances. 2. The corporate treaty may not oblige its members to vote in accordance with the directions of the organs of society, to determine the structure of the organs of society and their competence. The terms of a corporate contract that contravene the rules of the first paragraph of this paragraph are null and void. The Corporate Treaty may establish the obligation of its parties to vote at the general meeting of the participants of the society for the inclusion in the society of provisions defining the structure of the organs of society and their competence, if in accordance with this Code and the laws on economic societies, it is permissible to change the structure of the organs of society and their competence by the statutes of the society. 3. The corporate contract is concluded in writing by drafting a single document signed by the parties. 4. The participants of the economic society who concluded the corporate contract are obliged to notify the society of the fact of the conclusion of the corporate contract, and its content is not required to be disclosed. In the event of default, the members of the society who are not parties to the corporate contract are entitled to claim damages. Information on the corporate contract entered into by the shareholders of a public joint stock company must be disclosed in the manner and under the conditions stipulated by the law on joint-stock companies. Unless otherwise specified by law, information about the content of a corporate contract entered into by members of non-public society is not subject to disclosure and is confidential. 5. The corporate contract does not create obligations for non-parties (art. 308). 6. A breach of a corporate contract may be a ground for invalidating the decision of the entity's authority on the claim of the party to the contract, provided that the decision of the entity's authority is taken The parties to the corporate contract were all members of the economic society. Recognition of a decision of a business entity's decision under this paragraph shall not, in itself, entail the invalidity of the transactions of the economic society with third persons on the basis of such a decision. A transaction made by a party to a corporate contract in breach of this contract may be declared invalid by a court of a party to a corporate contract only if the other party to the transaction knew or should have known about it the limitations of the corporate contract. 7. The parties to a corporate contract may not invoke its invalidity because of its contradiction with the provisions of the Statute of the Economic Society. 8. Termination of the right of one of the parties to a corporate contract to a share in the authorized capital (shares) of a business society shall not entail the termination of the corporate contract in respect of the other parties, unless otherwise stipulated by the contract. 9. Society creditors and other third parties may enter into a contract with members of the economic society for which the latter, in order to ensure the legally protected interest of such third parties, undertake to exercise their corporate rights or to abstain from their implementation, including to vote in a certain manner at the general assembly of the members of society, to take other actions in the management of society in a concerted manner, to acquire or to dispose of the share in its charter Capital (shares) at a certain price or on the occurrence of certain or refrain from alienating the share (shares) prior to certain circumstances. The rules on corporate contracts apply to this contract, respectively. 10. The rules on corporate contracts apply, respectively, to the agreement on the establishment of an economic society, unless otherwise stipulated by law or arises from the substance of the relations of the parties to such an agreement. Article 67-3. The daughter company 1. The economic society shall be recognized as a subsidiary if another (main) economic association or society, by force of the dominant participation in its authorized capital, or in accordance with the contract concluded between them, or otherwise has the possibility Determine the decisions made by such a society. 2. The daughter company is not responsible for the debts of the main economic partnership or society. The main economic partnership or society is in solidarity with the subsidiary company on transactions concluded by the latter in the execution of instructions or with the consent of the main economic association or society (Article 401, para. 3). In the case of insolvency (bankruptcy) of a child society by the fault of the main economic partnership or society, the latter bears subsidiary liability on its debts. 3. The shareholders (shareholders) of a subsidiary company are entitled to claim compensation for the main economic partnership or society for damages caused by its acts or omissions by the child society (art. 1064). "; Article 68: clause 1 should be supplemented with the words "and the laws on economic societies"; to supplement paragraph 3 with the following: " 3. Economic partnerships and societies cannot be reorganized into non-profit organizations, as well as unitary commercial organizations. "; (2) in article 70, paragraph 2, of the words" in addition to the information referred to in article 52, paragraph 4 Code, conditions on the size and composition of the camaraderie of the partnership "shall be replaced by the words" the company name and location of the partnership, the condition of the size and composition of its stored capital "; and) Article 71, paragraph 3, after In addition to the words "to receive all information on the activities of the partnership" and "; c) in article 73, paragraph 2, the words" by the time of its "should be replaced with the words" before its state "; (3) paragraph 3 of article 82 should read: " The number of commandists in a partnership on faith should not over 20. Otherwise, it shall be converted into a business society during the year, and upon the expiry of that period, the judicial liquidation if the number of his commandists does not decrease to the limit. "; m) in article 83, paragraph 2 In addition to the particulars referred to in article 52, paragraph 4, of this Code, replace the words "the company name and location of the partnership"; (v) in article 87: , paragraph 1, after " Limited the word "add" to "add" to the word "economic"; paragraph second paragraph 3 to be declared invalid; o) in article 88: paragraph 1 should read: " 1. The number of participants in a limited liability society should not exceed fifty. Otherwise, it shall be converted into a joint-stock company during the year, and after that period of liquidation, if the number of participants is not reduced to the specified limit. "; second paragraph 2 (c) In article 89: Article 89. Creating a society with limited liability and its charter "; second paragraph 3, paragraph 3, amend to read: " A limited liability company should contain information about the signature The name of the society and its location, the amount of its authorized capital, the composition and the competence of its organs, the manner in which they take decisions (including decisions on matters adopted unanimously or by qualified majority) and other Information provided by the Law on Societies with Restricted Liability. "; Article 90: paragraph 1 should be redrafted to read: " 1. The restricted liability of the limited liability company (art. 66-2) is made up of the nominal value of the participants ' share. "; paragraph 4 should read: " 4. If, at the end of the second or every subsequent fiscal year, the value of the net assets of a limited liability company is less than its authorized capital, society is in order and within the time limit provided by the Societies Act Limited liability, it is the obligation to increase the value of net assets to the size of the authorized capital or to register in the prescribed manner a reduction in the authorized capital. If the value of these assets becomes less than the legal minimum amount of the authorized capital, the society is to be eliminated. "; , paragraph 5, amend to read: " 5. A reduction in the authorized capital of a limited liability company is allowed after all its creditors have been notified. In this case, the latter are entitled to demand early termination or execution of the relevant obligations of the society and compensation for them. The rights and obligations of creditors of credit organizations and non-credit financial institutions created in the institutional and legal form of a limited liability company are also defined by the laws governing such activities organizations. "; paragraph 6 restated: " 6. An increase in the authorized capital of a society is allowed after all its shares are fully paid. "; c) Article 91 to be void; T) in article 92, paragraph 2, the words" other type of economic society "shall be replaced by the word" stock " "; , in article 93, paragraph 3, of the phrase" to pay to the participant the real value of the share or part of the share, or to give him in kind of the property corresponding to that value "should be replaced by the words" at the request of a member of society or part of the share "; f) Article 94, set out in , to read: " Article 94. Exiting limited social responsibility 1. A member of a limited liability company has the right to withdraw from society, irrespective of the consent of the other participants or society, by: (1) application for withdrawal from society, if such an opportunity is provided for by the statute of the society; (2) demands for society to acquire a share in the cases stipulated in article 93, paragraphs 3 and 6, of this Code and the law on limited liability societies. 2. When a member of the society has made a limited liability to withdraw from society or to demand that the society acquire a share of the company's share in the cases referred to in paragraph 1 of this article, the share shall be transferred to society from the date of receipt by the society of the relevant statement (s). This participant must be paid the real value of his share in the authorized capital or with its consent should be issued in kind of property of the same value in the order, manner and within the time stipulated by the Law on Societies with The limited liability and the charter of the society. "; x), paragraph 5, to declare invalid; (c) in article 96: , paragraph 1, after the words" Joint Stock Society, "should be supplemented with the word" economic "; in paragraph 3, third paragraph, of the word "in the form of joint-stock companies", replace by Article 97 as follows: " Article 97. Public Joint Stock Company 1. Public joint-stock company (art. 66-3, para. 1) is obliged to submit for inclusion in a single public register of legal persons information about the company name of the society, indicating that such a society is public. The joint-stock company is entitled to submit to the single state register of legal entities information about the company name of the society, which contains an indication that such a society is public. Equity society acquires the right to publicly publish (through open subscription) shares and securities convertible into its shares, which can publicly address the conditions established by the securities laws, from the date of application A single State register of legal persons of the company name of the society, indicating that such a society is public. 2. The acquisition by a non-public joint-stock company of the status of a public society (paragraph 1 of this article) renders the provisions of the Charter and internal documents of society invalid, contrary to the rules on public joint-stock company established by the public joint-stock company. The present Code, the Law on joint-stock companies and the securities laws. 3. The public joint-stock company forms a collegial body of public administration (art. 65-3, para. 4), which cannot be less than five members. The procedure for the formation and competence of the said collegial body is determined by the Law on joint-stock companies and the statute of the public joint-stock company. 4. The duties of the registry of the shareholders of a public joint stock company and the performance of the functions of the commission shall be carried out by an independent organization with a statutory licence. 5. The number of shares owned by a single shareholder, their total nominal value and the maximum number of votes provided to one shareholder may not be restricted in a public joint stock company. The Charter of a public joint-stock company shall not require any consent to alienate the shares of that society. No one may be granted the right of priority acquisition of shares in a public joint stock company other than those provided for in article 100, paragraph 3, of this Code. The Charter of a public joint-stock company shall not be placed under the exclusive competence of the general meeting of shareholders to deal with matters not related to it in accordance with this Code and the Law on joint-stock companies. 6. Public joint-stock company shall disclose publicly the information provided for by law. 7. Additional requirements for the creation and operation, as well as the termination of public joint-stock companies, are established by the Law on joint-stock companies and securities laws. "; . "Education" shall be replaced by the word "Establishment"; the second paragraph 1 of paragraph 1 is supplemented by the words "by drafting a single document signed by the parties"; , paragraph 2, paragraph 3, amend to read: " Charter joint-stock company should contain information on the company name of the society and The place of his residence, the conditions of the categories of shares issued by the society, their nominal value and number, the size of the company's statutory capital, the rights of the shareholders, the composition and the competence of the organs of society and the procedure for their taking decisions, including: The Conference of the Parties, The charter of the joint-stock company should also contain other information provided for by law. "; paragraph 6 should read: " 6. The joint-stock company may be created by one person or made up of one person in the event of the acquisition by one shareholder of all the shares of the society. This information is to be entered into a single State register of legal entities. The joint-stock company cannot have as the only participant another economic society composed of one person, unless otherwise specified by law. "; article 99: paragraph 2 of paragraph 1, paragraph 1, should be redrafted to read: " 4. If, at the end of the second or every subsequent financial year, the value of the net assets of a joint-stock company will be less than its authorized capital, society in the order and within the time required by the law on joint-stock companies, Increase the value of net assets to the size of the authorized capital or to register a reduction in the authorized capital in the prescribed manner. If the value of the said assets of a society becomes less than the legal minimum amount of the authorized capital, the society is to be eliminated. "; paragraph 5, after the words" the law or the society's charter ", add", which is not public, "; e) in article 100: In paragraph 1, the words" entitled to the decision of the general assembly of shareholders "shall be replaced by the words" in accordance with the Law on joint-stock companies "; paragraph 3 should read as follows: " 3. In the cases and in the manner prescribed by the Law on joint-stock companies, shareholders and persons holding the securities of the society convertible into its shares may be given priority to purchase additionally issued by society of shares or convertible securities. "; u) in article 101, paragraph 1: , in the first paragraph," may, by decision of the general meeting of shareholders ", be replaced by the words" in accordance with the Law on joint-stock companies right "; paragraph 3 should read as follows: "The rights and obligations of creditors of credit institutions and non-credit financial organizations created in the organizational and legal form of the joint-stock company are also determined by the laws regulating the activities of such organizations."; (I) in article 102: I add the following sentence: "Public joint-stock company shall not be entitled to place the preferred shares, the nominal value of which is lower than the nominal value of the ordinary shares."; paragraph 2 is invalid; paragraph 3 in addition to the following paragraph: "in other cases provided for by the Law on joint-stock companies."; I), article 103, to be repealed; 2) in article 104: in paragraph 1, second paragraph Replace the words "this Code and other laws" with the word "law"; , paragraph 2, amend to read: " 2. The joint-stock company has the right to transform itself into a society with limited liability, a business association or a production cooperative. "; 3) subitem 7 shall be declared void; 4) paragraph 2 to be completed Paragraph 8, reading: " 8. Production cooperatives Article 106-1. The concept of a production cooperative 1. A production cooperative (artel) recognizes voluntary association of citizens on the basis of membership for joint production or other economic activities (production, processing, sale of industrial, agricultural and other In the case of goods, trade, domestic service, other services) based on their personal labour and other participation, and the association of members (participants) with property mutual contributions. The law and constitution of a production cooperative may provide for the participation of legal entities. The production cooperative is a corporate commercial organization. 2. The members of the cooperative are subject to the obligations of the cooperative in the amounts and in the manner prescribed by the law on production cooperatives and the charter of the cooperative. Article 106-2. Create a production cooperative and its charter 1. The founding document of a production cooperative is its charter approved by the general assembly of its members. 2. The Charter of the production cooperative must contain information on the co-operative name of the cooperative and its location, the conditions for the size of the paev contributions of the members of the cooperative, the composition and the procedure for the payment of the financial contributions by members of the cooperative and their contributions. Liability for violations of the obligation to pay, the nature and extent of the participation of its members in the activities of the cooperative and their responsibility for the breach of the duty to participate in the activities of the cooperative Coop, distribution of profit and loss of cooperative, size and conditions subsidiary liability of its members on the obligations of the cooperative, the composition and competence of the cooperative organs and their decision-making powers, including those on which decisions are taken unanimously or by qualified majority Votes. 3. The name of the production cooperative shall contain the name and the words "production cooperative" or "artel". The number of members of the cooperative shall not be less than five. Article 106-3. The property of the production cooperative 1. Property owned by a production cooperative is divided into membership in accordance with the charter of the cooperative. The Charter of the cooperative may establish that a certain portion of the property belonging to the cooperative is undivided funds used for purposes defined by the statute. The members of the cooperative are unanimous, unless otherwise provided for by the constitution of the cooperative, to decide on the formation of indivisible funds. 2. A member of the cooperative is required to make at least ten per cent of the share of the contribution by the time of the registration of the cooperative and the rest within one year of the State registration of the cooperative. 3. Profits of the production cooperative are distributed among its members in accordance with their labour participation, unless otherwise stipulated by the law on production cooperatives and the charter of the cooperative. In the same order, the assets that remain after the liquidation of the cooperative and the satisfaction of its creditors are distributed. Article 106-4. Management considerations for the production cooperative 1. The executive bodies of the production cooperative shall be the chairman and board of the cooperative if its education is provided for by law or by the charter of the cooperative. 2. Only members of the cooperative can be members of the board of the production cooperative and the chairman of the cooperative. 3. A member of the production cooperative has one vote in the general assembly. Article 106-5. Stop membership in the production cooperative and transition 1. A member of a production cooperative is free to leave the cooperative. In this case, it must be paid the value of the payor, the value of which corresponds to the value of the payout and the other payments provided for in the charter of the cooperative. The payment of the value of the member or the issuance of other property to the withdrawing member shall be made after the end of the financial year and the approval of the accounting (financial) accounting of the cooperative, unless otherwise provided by the charter of the cooperative. 2. A member of the production cooperative may be excluded from the cooperative on the decision of the general meeting in the event of default or improper performance of the duties assigned to it by the charter of the cooperative and in other cases provided for by law; and The charter of the cooperative. A member of the board of the cooperative may be excluded from the cooperative by a decision of the general assembly in connection with membership in a similar cooperative. A member of the cooperative who has been excluded is entitled to the payouts and other benefits provided for in the statute of the cooperative, in accordance with paragraph 1 of this article. 3. A member of a production cooperative may delegate his or her share to another member of the cooperative, unless otherwise provided for by law and by the charter of the cooperative. The transfer of a share or part thereof to a non-cooperative member is permitted with the consent of the general meeting of the members of the cooperative. In this case, the other members of the cooperative shall take precedence over the purchase of such a share or part thereof. 4. In the event of the death of a member of the production cooperative, his or her heirs may be admitted to membership of the cooperative, unless otherwise stipulated by the statute of the cooperative. Otherwise, the co-operative pays the heirs to the value of the deceased member of the cooperative. 5. Recourse to a member of the cooperative member of the production cooperative on the debts of a member of the cooperative is permitted only if there is a shortage of other property to cover such debts in accordance with the procedure established by the law and the charter of the cooperative. The debt of a member of the cooperative cannot be drawn to the undivided foundations of the cooperative. Article 106-6. The transformation of a production cooperative , the Manufacturing Cooperative, by a unanimous decision of its members, can transform into a business partnership or society. "; 25) paragraph 3, to be declared invalid; (26) Article 113 should read as follows: " Article 113. The main provisions of the unitary enterprise 1. A unitary enterprise recognizes a commercial entity that does not have ownership of its property. The property of the unitary enterprise is indivisible and cannot be distributed on deposits (shares, shares), including among employees of the enterprise. State and municipal enterprises operate in the organizational and legal form of unitary enterprises. In cases and in the manner prescribed by the law on State and municipal unitary enterprises, a unitary enterprise (executed enterprise) may be established on the basis of State or municipal property. 2. The property of a State or municipal unitary enterprise is owned by the State or municipal property and belongs to such an enterprise on the right to economic management or operational management. The right of a unitary enterprise to its assigned property shall be determined in accordance with this Code and the Law on State and Municipal Unitary Enterprise. 3. The constituent instrument of a unitary enterprise is its statute, approved by the authorized State body or local government, unless otherwise provided by law. The Charter of the unitary enterprise should contain information on its name and location, the object and purpose of its activities. The Charter of a unitary enterprise should also contain information on the size of the statutory fund of the unitary enterprise. 4. The name of the unitary enterprise should include an indication of the owner of the property. The name of the executed enterprise should also contain an indication that such an enterprise is executed. 5. The authority of the unitary enterprise is the head of the enterprise, who is appointed by the authorized owner of the body, unless otherwise provided by law, and is accountable to it. 6. The Unitary Enterprise is responsible for its obligations to all property belonging to it. The Unitary Enterprise is not responsible for the obligations of the owner of its property. The property of the unitary enterprise, with the exception of the owner of the property of the executed enterprise, is not in compliance with the obligations of its unitary enterprise. The owner of the property of the executed enterprise bears subsidiary liability on the obligations of the enterprise if the property is not sufficient. 7. The legal position of unitary enterprises is governed by this Code and the Law on State and Municipal Unitary Enterprise. 8. The unitary enterprise may be reorganized in accordance with the law on State and municipal unitary enterprises and the laws on privatization. "; Establishment of a unitary enterprise and its charter foundation 1. The unitary enterprise is established on behalf of the public-legal education (art. 125) by the decision of the Commissioner of the State or local government. 2. The minimum size of the statutory fund of a unitary enterprise is defined by the Law on State and Municipal Unitary Enterprise. 3. The procedure for the formation of a unitary enterprise is established by the Law on State and Municipal Unitary Enterprise. 4. If, at the end of the financial year, the value of the unitary enterprise's net assets is less than the size of the authorized fund, the authority authorized to establish such enterprises shall, in accordance with the established procedure, produce a reduction in the authorized capital. If the value of the net assets becomes less than the amount determined by law, the unitary enterprise may be liquidated by court order. 5. In the event of a decision to reduce the statutory fund, the unitary enterprise is obliged to notify its creditors in writing. The Unitary Enterprise Creditor is entitled to demand the termination or early fulfilment of the obligation owed by the enterprise and damages. "; 28) Article 115 shall be declared void; 29) paragraph 5 should be declared void; 30) to supplement paragraph 6 with the following: " § 6. Non-profit corporate organizations 1. General provisions on non-profit corporate organizations Article 123-1. Basic provisions for nonprofit corporate organizations 1. Non-profit corporate entities are recognized as legal entities that do not profuse profit as the main purpose of their activities and do not share the profits that have been made between the parties (art. 50, para. 1, and art. 65-1); Founders (participants) who acquire the right to participate (membership) in them and form the supreme body in accordance with article 65-3, paragraph 1, of this Code. 2. Non-profit corporative organizations are created in the organizational and legal forms of consumer cooperatives, public organizations, associations (unions), associations of real estate owners, and Cossack associations registered in the state register Cossack societies in the Russian Federation and the communities of the small indigenous peoples of the Russian Federation (art. 50, para. 3). 3. Non-profit corporate organizations are established by decision of the founders, adopted at their general (constituent) meeting, conference, congress, etc. These bodies approve the statute of the relevant non-profit corporate organization and form its organs. 4. The non-profit corporate entity is the owner of its property. 5. The Charter of the non-profit corporate organization may provide that decisions on the establishment of a corporation of other legal entities, as well as the decision on corporate participation in other legal entities, on the establishment of branches and on the opening of offices corporations are accepted by the corporation's collegial body. 2. Consumer Cooperative Article 123-2. Basic provisions on the consumer cooperative 1. The consumer cooperative is recognized as a voluntary association of citizens or citizens and legal entities in order to satisfy their material and other needs through the association of members of the property society Contributions. 2. The charter of the consumer cooperative should contain information on the name and location of the cooperative, the object and purpose of its activities, the terms and conditions of the membership fees of the members of the cooperative, the composition and the procedure for the payment of the financial contributions of members and on their liability for violations of the obligation to make contributions, the composition and competence of the cooperative bodies and their decision-making processes, including those on which decisions are taken unanimously, or By a qualified majority, the order of the members of the cooperative for the losses it incurred. The name of the consumer cooperative should contain an indication of the main purpose of its activity, as well as the word "cooperative". The name of the mutual insurance company should contain the words "consumer society". 3. A consumer cooperative can be transformed into a community organization, an association (union), an autonomous non-profit organization or a foundation. The housing or housing cooperative, by decision of its members, can only be transformed into a partnership of real estate owners. Article 123-3. Obligation of members of the consumer cooperative to make additional contributions 1. Within three months of the approval of the annual balance, the members of the consumer cooperative are obliged to cover the loss through additional contributions. In the event that this duty is not fulfilled, the cooperative may be dissolved by the court on the demand of creditors. 2. The members of the consumer cooperative are jointly responsible for their obligations under the unincorporated portion of the additional contribution from each member of the cooperative. 3. Public organizations Article 123-4. Basic provisions on public organizations 1. Voluntary associations of citizens, united in accordance with the legally established procedure on the basis of common interests for spiritual or other intangible needs, are recognized by civil society organizations for the presentation and protection of the general public of the interests and the attainment of other objectives which are not contrary to the law. 2. The public organization is the owner of its property. Its members (members) do not retain property rights to property transferred to the organization, including membership fees. Members of the public organization do not meet the obligations of the organization in which they participate as members and the organization does not meet the obligations of its members. 3. Public organizations may form associations (unions) in accordance with the procedure established by this Code. 4. A public organization, by decision of its members, may be transformed into an association (union), an autonomous non-profit organization or a foundation. Article 123-5. Founding and tired of social organization 1. The number of founders of a public organization cannot be less than three. 2. The organization must be informed of its name and location, the object and purpose of its activities, and the conditions for the entry (acceptance) into and out of the public organization, the composition and the competence of its organs and the manner in which they take decisions, including on matters that are decided unanimously or by a qualified majority, on the property rights and obligations of the member (member) of the organization and on the distribution of property, After the liquidation of the organization. Article 123-6. The rights and duties of the member (member) of the Public Organization 1. A member (member) of a public organization shall exercise the corporate rights referred to in article 65, paragraph 1, of the present Code, in accordance with the procedure established by the statute of the organization. It also has the right, on an equal basis, with other members (members) of the organization to use its services free of charge. 2. A member (member) of a public organization, together with the obligations set out in article 65-2, paragraph 4, of the present Code, also has the obligation to pay the membership and other property rights provided for in its statute. A member of the public organization is free to withdraw from the organization in which he or she is a member at any time. 3. Membership in a public organization is inalienable. The exercise of the rights of a member (a member) of a public organization may not be transferred to another person. Article 123-7. Controls in the public organization 1. The exclusive competence of the highest organ of the public organization, together with the matters referred to in article 65-3, paragraph 2, of the present Code, shall also include decisions on the size and manner of payment of membership and membership by members of the public. Contributions to property. 2. A single executive body (the President, the President, and the President) forms part of the social organization. ) and may form permanent collegiate executive bodies (council, board, bureau, etc.). (...) (...) By decision of the general assembly of members of a public organization, the powers of its body may be terminated early in cases of gross violation by this body of their duties, which have detected a failure to do business or to do so. The existence of other serious grounds. 4. Associations and unions Article 123-8. The main provisions on association (union) 1. The Association (the Union) recognizes the association of legal persons and (or) citizens, based on voluntary or statutory cases of compulsory membership and established for the presentation and protection of general, including professional, interests, in order to achieve socially useful objectives, as well as other non-conflicting and non-profit-making purposes. { { see also | Organization and legal form of association (association) } } is created, inter alia, by associations of persons who have the purpose of coordinating their business activities, presenting and protecting common property interests, professional associations Citizens who do not have the aim of protecting the labour rights and interests of their members, professional associations of citizens not connected with their participation in the labour relations (the association of lawyers, notaries, valuers, artists and others), Self-regulating organizations and their associations. 2. Associations (unions) may have civil rights and have civil obligations in accordance with the aims of their establishment and activities provided for in the statutes of such associations (unions). 3. The Association (Union) is the owner of its property. The Association (Union) is responsible for all of its assets, unless otherwise provided by law for associations (unions) of individual types. The Association (Union) does not meet the obligations of its members unless otherwise provided by law. Members of the association (union) do not meet its obligations unless the law or the association (association) statute provides for subsidiary liability of its members. 4. The Association (Union) may, by decision of its members, be transformed into a social organization, an autonomous non-profit organization or a foundation. 5. The specificities of the legal status of associations (unions) of individual types may be established by law. Article 123-9. The founding members of the association (union) and the association's association (union) 1. The number of founders of an association (union) cannot be less than two. Laws establishing the legal status of associations (unions) of individual types may impose different requirements on the minimum number of founders of such associations (unions). 2. The statutes of the association (union) shall contain information on its name and location, object and purpose of its activity, conditions for the admission (acceptance) and withdrawal of members of the association (union), information on the composition and competence of the bodies and the manner in which they take decisions, including on matters that are decided unanimously or by a qualified majority, on the property rights and duties of the members of the association (union), on the distribution arrangements After the liquidation of the association (union). Article 123-10. Management considerations for association (union) 1. The exclusive competence of the supreme body of the association (union), together with the matters referred to in article 65-3, paragraph 2, of the present Code, also refers to the adoption of decisions on the procedure for determining the size and mode of payment of membership dues, Property contributions by members of the association (union) to its property and the amount of their subsidiary liability under the obligations of the association (union), if such liability is provided for by law or by the statute. 2. The association (union) forms a single executive body (the President, the President, and the President). ) and may form permanent collegiate executive bodies (council, board, bureau, etc.). (...) (...) As decided by the supreme body of the association (union), the authority of an association (union) may be terminated early in cases of gross violation by this body of their duties, which have detected a failure to do proper business or to do so. The existence of other serious grounds. Article 123-11. Rights and duties of the member of the association (union) 1. Member of the Association (Union) exercises corporate rights under article 65-2, paragraph 1, of this Code, in accordance with the procedure established by the law of the association (union). He is also entitled, on an equal basis, to other members of the association (union), unless otherwise provided by law, to use the services it provides. The member of an association (union) has the right to withdraw from it at any time. 2. Members of the association (union), together with the obligations for the members of the corporation under Article 65-2 of this Code, are also obliged to pay the statutory membership fees and the decision of the supreme body of the association (union) to make Additional property contributions to the property of the association (union). A member of the association (union) may be excluded from it in the cases and in the manner prescribed by the law of the association (union). 3. Membership in association (union) is inalienable. The consequences of termination of association (union) shall be established by law and/or by its statute. 5. Homeowners Article 123-12. The main provisions on the homeowners ' partnership are real estate 1. The property owners recognize the voluntary association of owners of real estate (premises in the building, including in the apartment building, or in several buildings, houses, houses, horticultural houses, horticultural buildings) or of the land plots, etc. ) established by them for joint ownership, use and within the limits established by law for the disposal of property (s), by virtue of the law in their common property or in general use, and for other purposes specified in the Act. Laws. 2. The Charter of the Homeowners ' Association should contain information on its name, including the words "partnership of property owners", the location, object and purpose of its activity, composition and competence of the partnership bodies, and the manner in which they take decisions, including on matters that are decided unanimously or by a qualified majority, as well as other information provided by law. 3. The real property owners do not meet the obligations of their members. The members of the homeowners ' association are not in compliance with its obligations. 4. The partnership of owners of real estate may be transformed into a consumer cooperative by the decision of its members. Article 123-13. The property of the owner's partnership property 1. The owners of real estate are the owners of their property. 2. Common property in the apartment building, as well as public facilities in horticultural, horticulture and non-commercial partnerships, is owned by members of the respective real estate partnership in common equity property, unless otherwise provided by law. The composition of such property and the manner in which the share of the right of common ownership are determined by law shall be determined by law. 3. Share in common ownership of common property in apartment house owner in this house, share in the right of common ownership of objects of common use in horticulture, garden or non-commercial partnership The owner of a plot of land, a member of such a non-profit association, follows the fate of the ownership of the premises or land. Article 123-14. { \cs6\f1\cf6\lang1024 } Features { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } Homeowners The exclusive competence of the supreme body of the property owners ' associations, together with the matters referred to in article 65-3, paragraph 2, of this Code, shall also include decisions on the determination of the amount of mandatory payments and contributions of members. Partnership. 2. A single executive body (the chairman) and a permanent collegial executive body (the board) are established in the partnership of owners of real estate. As decided by the supreme body of the homeowners ' associations (art. 65-3, para. 1), the powers of the permanent bodies of the partnership may be terminated early in cases of gross violation of their obligations Failure to do so, or if there are other serious grounds. 6. Cossack societies made to the state registry of Cossack societies in the Russian Federation Article 123-15. Cossack society, contributed to the state register of Cossack societies in the Russian Federation 1. The public register of Cossack societies in the Russian Federation, created for the purpose of preserving traditional ways of life, economic management and culture of the Russian Cossacks, as well as the other The Federal Act No. 154 of 5 December 2005 "On the State Service of the Russian Cossacks", which voluntarily accepted the obligation to perform State or other service. 2. The society can be transformed into an association (union) or an autonomous non-profit organization by the decision of its members. 3. The provisions of this Code of Non-Profit Organizations apply to Cossack societies made to the State Register of Cossack Societies in the Russian Federation, unless otherwise established by the Federal Act of 5 December 2005 No. 154-FZ " O The State Service of the Russian Cossacks ". 7. Municipalities of the small indigenous peoples of the Russian Federation Article 123-16. The community of small indigenous peoples Russian Federation 1. The communities of the small indigenous peoples of the Russian Federation recognize voluntary associations of citizens belonging to the small indigenous peoples of the Russian Federation, united under a blood-born and (or) territorial neighbourhood in order to protect the traditional habitat, preserve and develop traditional ways of life, management, fisheries and culture. 2. Members of the indigenous minority community of the Russian Federation shall be entitled to receive a portion of her property or to compensate for the cost of such a unit when leaving the community or being liquidated in accordance with the procedure established by law. 3. The community of the small indigenous peoples of the Russian Federation may, by decision of its members, be transformed into an association (union) or an autonomous non-profit organization. 4. The provisions of this Code of Non-Profit Organizations shall apply to the communities of the small indigenous peoples of the Russian Federation, unless otherwise stipulated by law. "; 31), supplement paragraph 7 with the following: " § 7. Non-commercial unitary organizations 1. Funds Article 123-17. Basic provisions for fund 1. The Foundation for the purpose of this Code recognizes a non-unitary, non-profit organization established by citizens and/or legal entities on the basis of voluntary property contributions and has charitable, cultural, educational or other social, useful purposes. 2. The Fund's charter should contain information on the name of the fund, including the word "fund", location, object and purpose of its activities, the organs of the fund, including the supreme collegial body and the board of trustee overseeing the operation of the fund. The activities of the fund, the procedure for the appointment of officials of the fund and their discharge, the fate of the assets of the fund in the event of its liquidation. 3. The reorganization of the fund shall not be permitted, except as provided for in paragraph 4 of this article. 4. The legal status of non-State pension funds, including the cases and the manner in which they may be reorganized, is governed by this article and articles 123 to 123 to 20 of this Code, taking into account the circumstances provided for by the law on non-State actors. Pension funds. Article 123-18. Foundation property 1. Property transferred to the fund by its founders (founder) is the property of the foundation. The founders of the fund do not have property rights with respect to the fund they have created and are not in compliance with its obligations, and the fund does not meet the obligations of its founders. 2. The Fund uses assets for the purposes defined in its charter. Every year, the fund is obliged to publish reports on the use of its property. Article 123-19. Facility Management 1. To the exclusive competence of the supreme collegial body of the fund are: Identify priority areas of activity of the fund, principles of education and use of its property; early termination of their powers; approval of annual reports and annual accounting (financial) accounts of the fund; making decisions about the establishment of a fund for economic societies and (or) the participation of the fund; making branch offices and/or opening offices Fund; Change the statute of the fund, if this possibility is provided for by the statute; approval of transactions by the fund in cases provided for by law. The law or the statute of the fund for the exclusive competence of the supreme collegial body of the fund may include decisions on other matters. 2. The supreme collegial body of the Fund elects the sole executive body of the Fund (the chairman, the Director-General, etc. ) and may appoint a collegiate executive body of the fund (board). The fund's sole and (or) collective executive bodies are competent to deal with matters outside the exclusive competence of the supreme collegial body of the fund. 3. Persons authorized to speak on behalf of the fund shall, at the request of the members of its supreme collegiate body acting in the interest of the fund, shall, in accordance with article 53-1 of the present Code, make up for the losses caused to them by the fund. 4. The Trust Fund Board is the body of the fund and supervises the activities of the fund, the adoption by other bodies of the fund of decisions and enforcement of the fund, the use of the fund, compliance with the law. The Trust Fund Board carries out its activities on the social front. Article 123-20. Change of constitution and liquidation of fund 1. The Fund's charter may be modified by the supreme collegial body of the fund, if the charter does not provide for its amendment by decision of the founder. The Charter of the fund may be amended by a court decision on the application of the bodies of the fund or a public body authorized to oversee the operation of the fund, in the event that the maintenance of the Fund's statute is maintained the consequences that could not be foreseen at the establishment of the fund, and the supreme collegial body of the fund or the founder of the fund does not modify its constitution. 2. The Fund may be liquidated only by a court decision taken on the application of the persons concerned, if: 1) the assets of the fund are not sufficient to fulfil its purpose and the likelihood of obtaining the required property unrealistic; 2) the purpose of the fund cannot be achieved, and the necessary changes to the fund's purposes cannot be made; 3) the fund is evading the purposes of the Charter; 4) in other cases, prescribed by law. 3. In the event that the fund is liquidated, its property remaining after satisfying the creditors ' claims is directed to the purposes specified in the fund's statute, except in cases where the law provides for the return of such property to the founders of the fund. 2. Institutions Article 123-21. Basic provisions on institutions 1. The institution shall recognize a unitary, non-profit organization established by the owner to conduct management, socio-cultural or other functions of a non-profit nature. The founder is the owner of the property of the institution he has established. It shall acquire the right of prompt administration in accordance with this Code for the property held by the owner for the institution and the agency that has been acquired on other grounds. 2. The institution may be established by a citizen or a legal entity (private institution) or by the Russian Federation, a constituent entity of the Russian Federation, a municipal entity (a public institution, a municipal institution). The creation of an institution does not allow for the co-creation of several persons. 3. The institution shall be responsible for its obligations by the funds at its disposal and in the cases specified by law as well as other property. In case of insufficiency of these funds or property, subsidiary liability on the obligations of the institution in the cases referred to in article 123-22, paragraphs 4 to 6, and article 123-23, paragraph 2, of this Code, shall be borne by the owner. Property. 4. The founder of the institution shall designate the head of the institution as the agency of the institution. In cases and in the manner provided for by law, the head of a public or municipal institution may be elected by the collegiate body and be approved by its founder. By decision of the founder, collegiate bodies accountable to the founder may be set up in the institution. The competence of the collegial bodies of the institution, the procedure for their establishment and decision-making are determined by the law and by the statute of the institution. Article 123-22. State agency and municipal institution 1. A public or municipal institution may be a government, budgetary or autonomous institution. 2. The financial arrangements for the operation of State and municipal institutions shall be determined by law. 3. State and municipal institutions are not responsible for the obligations of owners of their property. 4. The institution shall be responsible for its obligations by the funds at its disposal. In the insufficiency of funds, the owner of the property is subsidiary to the liabilities of the executed agency. 5. The budget agency is responsible for all its obligations under the operational control of property, including those derived from income derived from revenue-producing activities, with the exception of particularly valuable propulsion Assets held by the owner of the property or acquired by the budgetary institution from the funds made available by the owner of his or her property, as well as of the immovable property, regardless of the grounds entered the operational management of the budget institution and from which funds It is purchased. Under the obligations of the budget institution relating to the infliction of harm to citizens, under the insufficiency of the property of the institution for which the first paragraph of this paragraph may be subject to recovery, subsidiarsubsidize The owner of the property of the budget institution is responsible. 6. The autonomous institution is in compliance with its obligations to all the property in its possession, except for real estate and particularly valuable movable property assigned to the autonomous institution of the owner of this property or acquired by an autonomous institution with funds made available by the owner of its property. Under the obligations of an autonomous institution relating to the infliction of harm to citizens, under the insufficiency of the property of the institution for which the first paragraph of this paragraph may be subject to recovery, subsidiarsubsidize The owner of the property of the autonomous institution is responsible. Every year, an autonomous institution is obliged to publish reports on its activities and the use of its fixed assets. 7. A public or municipal institution may be transformed into a non-profit organization of other organizational and legal forms in the cases stipulated by law. 8. The legal provisions of the State and municipal institutions of the individual types shall be determined by law. Article 123-23. Private institution 1. The private institution is wholly or partly financed by the owner of the property. 2. The private institution is in charge of its obligations to the funds at its disposal. In case of insufficiency of these funds, the owner of the property is subsidiary liability under the obligations of the private institution. 3. A private institution may be transformed by the founder into an autonomous non-profit organization or foundation. 3. Autonomous non-profit organizations Article 123-24. Basic provisions for an offline, nonprofit organization 1. The Autonomous Non-Profit Organization is recognized as a unitary, non-profit organization without membership and established on the basis of property contributions by citizens and (or) legal entities to provide services in the fields of education, health care, Culture, science and other spheres of non-commercial activity. A nonprofit organization can be created by one person (may have one founder). 2. The charter of an autonomous non-profit organization shall contain information on its name, including the words "an autonomous non-profit organization", the location, object and purpose of its activities, composition, organization and competence of the organs Autonomous Non-Profit Organization as well as other statutory information. 3. The property transferred by the autonomous not-for-profit organization by its founders is the property of an autonomous non-profit organization. The founders of an autonomous non-profit organization do not retain the ownership of the property that they have transferred to the organization. Constituents are not responsible for the obligations of the autonomous non-profit organization they have created, and it is not in accordance with the obligations of its founders. 4. The founders of a non-profit organization can only benefit from its services on an equal basis with others. 5. A non-profit organization is entitled to engage in the entrepreneurial activities necessary to achieve the objectives for which it is created, and to do so by creating a business for business purposes. by society or by participating in them. 6. A person may, at his discretion, withdraw from the founders of an autonomous non-profit organization. By decision of the founders of the autonomous not-for-profit organization, adopted unanimously, new persons may be admitted to its founders. 7. A nonprofit organization, by decision of its founders, can be transformed into a fund. 8. In the part which is not regulated by this Code, the legal status of autonomous non-commercial organizations and the rights and duties of their founders shall be established by law. Article 123-25. Manage an offline nonprofit organization 1. The activities of the Autonomous Non-Profit Organization shall be administered by its founders in accordance with the procedure established by its charter, as approved by its founders. 2. By decision of the founders (founder) of an autonomous non-profit organization, a permanent collegiate body (s) whose competence is established by the charter of the autonomous non-profit organization may be established. 3. The founders of the autonomous non-profit organization are the sole executive body of the autonomous non-profit organization (the president, the general director, etc.). (...) (...) One of its founders, citizens, may be appointed by the unanimous executive body of an autonomous not-for-profit organization. 4. Religious organizations Article 123-26. The main provisions on religious organizations 1. The religious organization recognizes the voluntary association of citizens of the Russian Federation or other persons living in the territory of the Russian Federation voluntarily and legally residing in the territory of the Russian Federation, for the purpose of joint exercise and dissemination. Faith and registered as legal entity (local religious organization), association of these organizations (centralized religious organization) and established by the said association in accordance with the law on freedom of conscience and on religious associations for the purposes of Joint practice and dissemination of the faith of the organization and (or) the governing or coordinating body established by the said association. 2. This Code defines the civil status of religious organizations. The legal status of religious organizations is also governed by the Freedom of Conscience and Religious Associations Act. Religious organizations operate in accordance with their statutes and internal regulations that are not contrary to the law. The procedure for the formation of the organs of a religious organization and their competence, the procedure for the adoption of decisions by these bodies, and the relations between the religious organization and persons forming part of its organs shall be determined in accordance with the law Freedom of conscience and religious associations by the charter of the religious organization and internal regulations (other internal documents). 3. A religious organization cannot be transformed into a legal entity of another organizational and legal form. Article 123-27. The founding members and statutes of the religious organization 1. A local religious organization is established in accordance with the law on freedom of conscience and religious associations of not less than ten founding citizens, a centralised religious organization, at least three local religious organizations by organizations or other centralized religious organization. 2. The founding document of a religious organization is a charter approved by its founders or by a centralized religious organization. The Charter of the religious organization shall contain information on its type, name and location, object and purpose of its activity, composition, competence of its organs and the manner in which they take decisions, sources of education of its property, The directions of its use and the procedure for the distribution of the property remaining after its liquidation, as well as other information provided for by the law on freedom of conscience and on religious associations. 3. The founder (s) of a religious organization may perform the functions of a governing body or members of a collegiate body in the administration of a religious organization, in accordance with the procedure established by the law on freedom of conscience and on religious matters. Associations of the statutes of the religious organization and internal regulations. Article 123-28. The property of a religious organization 1. Religious organizations own property belonging to them, including property acquired or created by them, as well as donated or otherwise donated by religious organizations. statutory grounds. 2. Religious property belonging to religious organizations may not be punished on the basis of the claims of their creditors. The list of such property shall be determined in accordance with the procedure established by the law on freedom of conscience and on religious associations. 3. The founders of a religious organization do not retain property rights to property transferred to that organization by property. 4. The founders of religious organizations do not meet the obligations of these organizations, and these organizations do not meet the obligations of their founders. ". Article 2 Admit invalid force: 1) Article 32, paragraph 3-1 Federal Law of December 26, 1995 No. 208-FZ "On joint-stock companies" (Assembly of Russian Federation Law, 1996, N 1, Art. 1; 2009, N 23, est. 2770); 2) article 1, paragraph 1, of the Federal Act of 8 July 1999, No. 138-FZ " On amendments and additions to the Civil Code OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3471); 3) Paragraphs 10 to 17 of Article 38 of the Federal Law of 14 November 2002 N 161-FZ " On State and Unitary Enterprise " (Collection of Laws of the Russian Federation, 2002, No. 48, Art. 4746); 4) Article 1 of the Federal Law of 29 December 2004 N 192-FZ " On introducing amendments to some legislative acts of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 18); 5) article 3, paragraph 5, of the Federal Law of 3 November 2006, N 175-FZ " On amendments to the legislative acts of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4627); 6) Paragraph 2, paragraph 2, paragraphs 5 and 9 of Article 1 of the Federal Law of 30 December 2008 OF THE PRESIDENT OF THE RUSSIAN FEDERATION (20); 7) Paragraph 6 of Article 1 of the Federal Law of June 3, 2009, No. 115-FZ "On amendments to the Federal Law" On amendments to the Law of the Republic of the Republic of Germany " Joint Stock Company "and Article 30 of the Federal Law" On the Securities Market " (Collection of Laws of the Russian Federation, 2009, N 23, Art. (8) Article 5, paragraph 3, of the Federal Law of 8 May 2010, No. 83-FZ " On amendments to selected legislative acts of the Russian Federation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2291); 9) Article 1 of the Federal Law of 11 February 2013, N 8-FZ " On amendments to the first Civil Code of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 609). Article 3 1. This Federal Act shall enter into force on 1 September 2014, with the exception of the provisions for which this article establishes a different time frame for their entry into force. 2. Paragraph 3 of Article 1 of this Federal Law shall enter into force on the date of the official publication of this Federal Law. 3. The provisions of the Civil Code of the Russian Federation (in the wording of this Federal Law) apply to legal relations that have arisen after the day The entry into force of this Federal Act. According to the law, the provisions of the Civil Code of the Russian Federation, as amended by the date of the entry into force of this Federal Law, of this Federal Act) shall apply to the rights and duties that will arise after the date of entry into force of this Federal Act, unless otherwise provided in this article. 4. Before bringing the legislative and other regulatory legal acts in force on the territory of the Russian Federation into line with the provisions of Civil Code of the Russian Federation (as amended by the present Federal Act). (...) (...) 5. Since the date of entry into force of this Federal Law, legal entities are created in organizational and legal forms, which are provided for by chapter 4 Legal entities may be established in the form of a state corporation under federal law. (In the wording of the Federal Law No. N 216-F) 6. To the State Corporation for Atomic Energy "Rosatom", the State Corporation for Promoting the Development, Production and Export of high-tech industrial products, Rostec, the Deposit Insurance Agency, State Corporation for the Reform of Housing and Communal Services of the State Corporation "Bank for Development and Foreign Economic Activity (Vnesheconombank)", State Corporation for the Construction of Olympic Facilities and The development of the city of Sochi as a mountain climate resort, The State Corporation "Russian Roads", the State Corporation for Space Activities of Roscosmos, and other legal entities established by the Russian Federation on the basis of special Federal laws, the provisions of the Civil Code of the Russian Federation on legal persons are applied in so far as there is no other provision A special federal law on the legal person concerned. In the wording of the federal laws of 13 July 2015: N 216-FZ; of 28.11.2015 N 356-FZ 7. The constituent instruments, as well as the names of legal persons created prior to the entry into force of this Federal Law, are subject to the rules of chapter 4 the Civil Code of the Russian Federation (as amended by this Federal Law) the first modification of the constituent documents of such entities. Change of the name of the legal person in connection with bringing it into line with the norms of Chapter 4 of the Civil Code of the Russian Federation (as amended) of the present Federal Act) does not require any changes to the titles and other documents that contain the same name. Founding documents of such legal persons before bringing them into line with the rules of chapter 4 of the Civil Code of the Russian Federation of the present Federal Act) shall be in force in accordance with the provisions of this Act. 8. From the date of the entry into force of this Federal Law to the date of entry into force of the law, the rules of chapter 4 Civil Code of the Russian Federation (in the wording of this Federal Law): 1) to societies with additional responsibilities-on limited liability societies (arts. 87-90, 92-94); 2) sales (trade) consumer cooperatives-on production Cooperatives (arts. 106-1-106-6); 3) to consumer societies, housing, construction and garage cooperatives, horticultural, gardening, consumer cooperatives, mutual insurance societies, and credit Cooperatives, rentals, agricultural consumer cooperatives-consumer cooperatives (arts. 123-2 and 123-3); 4) to political parties, to trade unions established as legal persons (trade union) organizations), social movements, "Self-determination and territorial public self-administration"-on public organizations (arts. 123-4-123-7); 5) non-profit partnerships, employers ' associations, unions of trade unions, cooperatives and public organizations, chambers of commerce and industry, notaries and bar associations-on associations (unions) (arts. 123-8-123-11); 6) to homeowners ' associations, horticultural, gardening and dachnot-for-profit partnerships -Homeowners ' associations (arts. 123-12- 123-14); 7) to public and charitable foundations-foundations (arts. 123-17-123-20); 8) to State Academies of Sciences-public institutions (arts. 123-21 and 123-22); 9) Institutions on private institutions (arts. 123-21 and 123-23). 9. Since the date of entry into force of this Federal Law, the rules of chapter 4 of the Russian Civil Code apply to closed joint-stock companies. (as amended by the Federal Law) on joint-stock companies. Provisions of the Federal Act of 26 December 1995 No. 208-FZ "On joint-stock companies" on closed joint-stock companies apply to such societies until the first amendment of their statutes. 10. The registration of legal persons previously established and referred to in Parts 8 and 9 of this Article shall not be required in connection with the entry into force of this Federal Act. 11. Joint stock companies established before the day of the entry into force of this Federal Law and meeting the signs of public joint-stock companies (art. 66-3, para. 1 of the Civil Code of the Russian Federation (in the wording of this Federal Law) is recognized by public joint-stock companies, regardless of the indication in their company name that the society is public class="ed"> unless on the date of entry into force of this Federal Law, such joint-stock companies have been closed joint-stock companies or public joint-stock companies that have been exempted from the obligation to disclose the information provided for in the present Federal Act. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Paper (es). In the wording of Federal Law No. N 210-FZ) 11-1. Joint stock company, created before the day of the entry into force of this Federal Law, which meets the characteristics of a public joint-stock company, as provided for in article 66, paragraph 1, article 66, paragraph 1, of the Civil Code of the Russian Federation (as amended) of this Federal Act), the right to withdraw from the public status if, on the date of the entry into force of this Federal Act, its shares or securities convertible into the shares were not included in the list of securities permitted to do so and the number of its shareholders does not exceed five hundred by introducing into the statute A joint stock company of relevant changes and address to the Bank of Russia with a statement of exemption from the obligation to disclose information provided by Russian Federation law on securities. The decision of the Bank of Russia on the release of the joint-stock company from the obligation to disclose information enters into force from the date of the introduction into a single state register of legal entities of information about the company name of the joint-stock company, in which there is no information society. An indication of his or her public status. The decision to apply to the Bank of Russia for exemption from the obligation to disclose information and the decision to make changes to the charter of the joint-stock company, as provided for in this Part, shall be adopted by the general meeting of shareholders by a majority of three. A quarter of the shareholders ' voting shareholders participate in the meeting. At the same time, shareholders-owners of privileged shares participate in the general meeting of shareholders with the right to vote when making decisions on these issues. The provisions of this Part shall not apply to a joint-stock company whose statutes and trade name shall contain an indication that the stock company is public. (Part of the addition is the Federal Law of 29.06.2015). N 210-F) 12. When registering changes to the constituent instruments of legal entities in connection with the harmonization of these documents with the rules of Chapter 4 of the Civil Code, The Code of the Russian Federation (as amended by the present Federal Law) does not impose a state duty on the State. 13. The rule of article 50, paragraph 5, of the Civil Code of the Russian Federation (as amended by the present Federal Law) is to be applied to non-profit organizations. Organizations established since the official publication of this Federal Law. With regard to non-profit organizations established prior to the official publication of this Federal Law, the rule of article 50, paragraph 5, of the Civil Code The Code of the Russian Federation (as amended by the present Federal Act) shall be applicable as from 1 January 2015. 14. A non-profit partnership created prior to the official publication of this Federal Law, to which the Russian Federation, a constituent entity of the Russian Federation or a municipal entity is a party, may consist of one participant. 15. Paragraph 5 and 6 of Article 123-22 of the Civil Code of the Russian Federation (as amended by the present Federal Act) The subsidiary liability of the owner of the property of the budgetary institution or autonomous institution on the obligations of such institution relating to injury to citizens extends to legal relations that have also arisen after 1 January 2011. 16. The institution created before the day of the entry into force of this Federal Law by several founders is not subject to liquidation on this ground. Such an institution (with the exception of a State or municipal institution) may, by the decision of its founders, be transformed into an autonomous, non-profit organization or foundation. 17. In case of the participation of the Russian Federation, the constituent entities of the Russian Federation, municipal entities in economic societies and partnerships on behalf of these public legal entities, the state bodies, local authorities (art. 125, paras. 1 and 2, of the Civil Code of the Russian Federation), including in cases where these bodies are named by the parties concerned economic societies or partnerships in their constituent instruments. President of the Russian Federation Vladimir Putin Moscow, Kremlin 5 May 2014 N 99-FZ