Executive body snt. The board of a horticultural or summer cottage partnership. What belongs to common property
Ogorodnichesky or dacha non-profit association is the charter. It is in it that the bodies that form this association are indicated.
For all organizational and legal forms there is one system governing bodies, which is spelled out in the legislation of the Russian Federation. This system of management of a horticultural partnership includes:
- general meeting of members horticultural partnership;
- board (elected permanent collegial body);
- chairman of the board (the sole executive body through which the association as a legal entity acts in civil circulation - commodity exchange).
General meeting
To responsibilities general meeting members of a horticultural partnership, vegetable gardening or dacha non-profit association include the following issues:
Introduction of amendments and additions to the charter of the association, approval of the charter in a new edition;
Admission to membership of the association and expulsion from its members;
Determination of the quantitative composition of the management board, election of members of the management board and early termination of their powers;
Election of the chairman of the board and early termination of his powers, unless otherwise provided by the charter of such an association;
Election of members of the audit commission (auditor) and early termination of their powers;
Making decisions on the organization of representative offices, a mutual lending fund, a rental fund of this association, on its entry into associations (unions) of horticultural, vegetable gardening or dacha non-profit associations;
Approval of the internal regulations of the association, including the conduct of the general meeting of the members of such an association (meeting of authorized representatives); the activities of his board; the work of the audit commission (auditor); the work of the commission for monitoring compliance with legislation; organization and activities of its representative offices; organization and activities of the mutual lending fund; organization and activities of the rental fund; internal order of work of the association;
Making decisions on reorganization or liquidation of an association, appointment liquidation commission, as well as approval of interim and final liquidation balance sheets;
Making decisions on the formation and use of the property of the association, on the creation and development of infrastructure facilities, as well as setting the size of trust funds and corresponding contributions;
Establishing the amount of penalties for late payment of contributions, changing the timing of contributions by low-income members of the association;
Approval of the income and expense estimate of the association and making decisions on its implementation;
Consideration of complaints against decisions and actions of members of the management board, chairman of the management board, members of the audit commission (auditor), members of the commission for monitoring compliance with legislation, officials the mutual lending fund and the officials of the rental fund;
The general meeting of the members of the association is convened by the board as necessary, but at least once a year. An extraordinary general meeting is held by decision of the board local government.
Approval of the reports of the board, the audit commission (auditor), the commission for monitoring compliance with the legislation, the mutual lending fund, the rental fund;
Encouragement of members of the board, the audit commission (auditor), the commission for monitoring compliance with the legislation, the mutual lending fund, the rental fund and members of such an association;
Decision-making on the acquisition of a land plot related to common property, into the ownership of such an association.
Thus, a general meeting of members of a horticultural, vegetable gardening or summer cottage non-profit association (a meeting of authorized representatives) has the right to consider any issues of the association's activities and make decisions on them.
Governing body
The board is collegial executive body, accountable to the general meeting of the members of the association. Its members are elected by secret ballot for a period of two years, unless otherwise stated in the charter. The number of board members is also determined by a general vote.
The board is accountable to the general meeting and is elected by direct secret ballot of the members of the association for a period of two years, if in the charter this association not provided otherwise. The number of members of the management board is established by the general meeting of the members of the association (meeting of authorized representatives). The issue of early re-election of members of the management board may be considered only if at least one third of the members of the association agree with this.
Duties of the members of the board:
Practical implementation of decisions of the general meeting of members of the association (meeting of authorized representatives);
Organization of insurance of the property of the association and the property of its members;
Making a decision to hold an extraordinary general meeting of the members of the association (meeting of authorized representatives) or to refuse to hold it;
Operational management of the current activities of the association;
Drafting income and expense estimates and reports of the association, submitting them for approval to the general meeting of members (meeting of authorized representatives);
Disposal of tangible and intangible assets of the association within the limits necessary to ensure its current activities;
Organizational and technical support for the activities of the general meeting of the members of the association (meeting of authorized representatives);
Organization of accounting and reporting of the association, preparation of an annual report and its submission for approval to the general meeting of the association's members (meeting of authorized representatives);
Organization of protection of the property of the association and the property of its members;
Organization of construction, repair and maintenance of buildings, structures, structures, engineering networks, roads and other public facilities;
Purchase and delivery planting material, garden tools, fertilizers, pesticides;
Provision of office work of the association and the maintenance of its archive;
Hiring persons in an association under labor contracts, dismissing them, encouraging and imposing penalties on them, keeping records of employees;
Execution of transactions on behalf of the association;
Control over the timely payment of entrance, membership, target, share and additional contributions;
Providing assistance to the members of the association in the donation of agricultural products to orphanages, boarding schools for the elderly and disabled, preschool educational institutions;
Implementation foreign economic activity associations;
Compliance by the amalgamation of the legislation of the Russian Federation and the charter of the amalgamation;
Consideration of applications from members of the association.
Chairman of the Board
The legal status of the chairman of the board is determined by Art. 23 of the Federal Law "On horticultural, horticultural and suburban non-profit associations citizens. "In accordance with it, in case of disagreement with the decision adopted by the board, the chairman has the right to appeal this decision at the general meeting of the members of the association (meeting of authorized representatives).
The chairman of the board of a horticultural, vegetable gardening or dacha non-profit association acts without a power of attorney on behalf of the association:
- presides over board meetings;
- has the right to first sign financial documents that, in accordance with the charter of the association, are not subject to mandatory approval by the board or the general meeting of the association's members (meeting of authorized representatives);
- signs other documents on behalf of the association and minutes of the board meeting;
- based on the decision of the management board, concludes transactions and opens bank accounts of the association;
- issues powers of attorney, including those with the right of substitution;
- ensures the development and submission for approval of the general meeting of members of the association (meeting of authorized representatives) of internal regulations, provisions on remuneration of employees who have concluded employment contracts with union;
- carries out representation on behalf of the association in public authorities, local governments, as well as in organizations;
- examines the applications of the members of the association.
Conclusion: Horticultural partnership- knowledge of this issue will allow you to have an idea of such a structure as: Horticultural partnership.
a) Does the chairman of SNT have the right to spend the money of the gardening partnership on the purchase of LED lamps for street lamps and on the repair of the stove, if these costs were not provided for in the estimate approved at the meeting of the members of the partnership?b) The accountant of SNT, of which I am a member, referring to the decision of the board, does not accept payments for electricity from gardeners who are in arrears in the payment of contributions. Does the board have the right to make such a decision?
V. Fedkova, St. Petersburg
a) Based on clause 12 of Art. 21 of the Federal Law No. 66 of 15.04.1998 "On horticultural, vegetable gardening and dacha non-profit associations of citizens", the exclusive competence of the general meeting of members of the horticultural, vegetable garden and dacha non-profit association (meeting of authorized representatives) includes the approval of the income and expense estimates of such an association and decision-making about its execution. The chairman of the board of a horticultural, vegetable gardening or dacha non-profit association and members of its board are liable to such an association for losses caused to such an association by their actions (inaction). At the same time, members of the management board who voted against the decision, which entailed causing such a combination of losses, or did not take part in the vote, are not liable. The chairman of the board and its members, upon revealing financial abuses or violations, causing losses to such an association, may be brought to disciplinary, material, administrative or criminal liability in accordance with the law.
Control over the financial and economic activities of a horticultural, vegetable gardening or summer cottage non-profit association, including the activities of its chairman and board members, is carried out audit committee(auditor), elected from among the members of such an association by the general meeting of its members, consisting of one or at least three people for a period of two years. The chairman and members of the board, as well as their spouses, parents, children, grandchildren, brothers and sisters (their spouses) cannot be elected to the audit commission (auditor).
The procedure for the work of the audit commission (auditor) and its powers are regulated by the regulations on the audit commission (auditor), approved by the general meeting of members of such an association (meeting of authorized representatives).
The audit commission (auditor) is accountable to the general meeting of the members of such an association. Re-election of the Auditing Commission (Auditor) may be held ahead of schedule at the request of at least one fourth of the total number of members of such an association.
Members of the audit commission (auditor) of a horticultural, vegetable gardening or dacha non-profit association are responsible for improper fulfillment of the duties provided for by Federal Law No. 66 of April 15, 1998 "On horticultural, vegetable gardening and dacha non-profit associations of citizens" and the charter of such an association.
The auditing commission (auditor) of a horticultural, vegetable gardening or dacha non-profit association is obliged:
1) check the implementation by the board of such an association and the chairman of the board of decisions of the general meetings of members of such an association (meetings of authorized representatives), the legality of civil transactions made by the governing bodies of such an association, regulatory legal acts regulating the activities of such an association, the state of its property;
2) carry out audits financially economic activity such an association at least once a year, as well as at the initiative of the members of the audit commission (auditor), the decision of the general meeting of the members of such an association (meeting of authorized representatives) or at the request of one fifth of the total number of members of such an association or one third of the total number of members of its board;
3) report on the results of the audit to the general meeting of the members of such an association (meeting of authorized representatives) with the presentation of recommendations on the elimination of the identified violations;
4) report to the general meeting of the members of such an association (meeting of authorized representatives) on all revealed violations in the activities of the management bodies of such an association;
5) exercise control over the timely consideration by the board of such an association and the chairman of this board of applications of the members of such an association.
Based on the results of the audit, when creating a threat to the interests of a horticultural, vegetable gardening or dacha non-profit association and its members, or upon revealing abuses by members of the board of such an association and the chairman of the board, the audit commission (auditor), within the limits of its powers, has the right to convene an extraordinary general meeting of members of such an association.
Not worth taking cash if you dont know what they are going for. Target and membership fees are approved only at the general meeting of SNT members (meeting of authorized representatives). It is necessary to contact the board, let them provide you with the estimate approved at the general meeting.
Based on Art. 19 of the Federal Law No. 66 of 15.04.1998 "On horticultural, gardening and dacha non-profit associations of citizens" a gardening or dacha non-profit association or a meeting of authorized representatives, as well as decisions of the board and other bodies of such an association.
b) The chairman has no right to refuse to accept members, earmarked contributions and payment for electricity.
The chairman of the board of a horticultural, vegetable gardening or dacha non-profit association and members of its board, in exercising their rights and fulfilling the established duties, must act in the interests of such an association, exercise their rights and fulfill the established duties in good faith and reasonably.
In the presence of witnesses, draw up an appropriate act on the refusal of the accountant to accept payment for electricity. Make payment for the consumed electricity to the SNT current account, and in the absence of a current account - to the current account of the energy supplying organization, they, as a rule, do not care who the payment comes from, the main thing is to correctly indicate the purpose of the payment and, after payment, send a copy of the receipt by registered mail to pay for electricity to the board of SNT. If the board does not receive this letter, then it will be returned to you after the expiration of the storage period at the post office. Do not print and retain the letter in an envelope stating that it was returned beyond the expiration date. Try to personally serve a copy of the receipt. SNT will be forced to independently communicate with the energy supplying organization.
In accordance with Art. 19 p. 2 p. 6 of the Federal Law No. 66 "On horticultural, vegetable gardening and dacha non-profit associations of citizens", a member of a horticultural, vegetable gardening or dacha non-profit association is obliged to timely pay membership and other fees stipulated by the Federal Law and the charter of such an association, taxes and payments.
N. Uvarov, legal adviser
Gardeners union
Newspaper "SADOVOD" No. 22, 2010
Let us list what rights and obligations are imposed on the chairman of SNT. He has a lot of them. Moreover, the decisions made by the chairman within the framework of his powers are mandatory for all members of the SNT:
- Organizes and presides over board meetings with the frequency provided for by the SNT charter.
- If at a meeting of the board the votes of its members are distributed equally, then the vote of the chairman is decisive.
- Interacts with banks and has the right to first sign financial documents, if they do not require the approval of the general meeting or the board.
- Performs various transactions. Acts as an employer, concluding and terminating employment contracts.
- Acts as a representative of SNT in the authorities, as well as in legal relations with third parties in court.
- Considers applications of members, partnerships, issues powers of attorney, signs protocols and certifies them with a seal, conducts office work.
- Provides a countdown of its activities, which is reviewed and approved by the general meeting of SNT.
Under the new law, the chairman is charged with other, not so responsible duties, such as issuing membership cards. He also has to guide registered letters warnings to debtors membership fees on the possible termination of their membership in the partnership. Regarding the creation and maintenance of the register and the preparation of extracts from it, this time-consuming work may be entrusted to a member of the board.
A separate issue in the new law is the salary of the chairman.
Now the general meeting of SNT has the right to determine the terms of its payment. Currently, this issue is being resolved in different ways. More often than not, work in an elective position is not considered work and therefore is not paid. New law provides for the need to pay for the chairman's work, but it is not necessary to conclude an employment contract with him. Moreover, even if the general meeting decides not to pay, it is obliged to discuss this issue with a record in the minutes. In any case, the difficult work of the chairman will be more effective if he receives money for it, and not only respect and honor.
Managing the affairs of SNT is very difficult, and the chairman has more responsibilities than rights. To suppress possible abuses on his part, there is an audit commission. If its members are principled, then they will ask the chairman for any trifle, not to mention the implementation of the decisions of the meetings, the legality of the transactions and the safety of the common property. If, through the fault of the chairman, losses in SNT happen, then he will have to compensate them together with the members of the board who took part in making the wrong decision.
This job description defines the duties, rights and responsibilities of the SNT chairman.
Closed Joint-Stock Company"Alpha"
APPROVED Chairman of the Management Board A.V. Lviv 2015-01-03
Job description No. 34 of the chairman of SNT
Moscow 2015-01-03
1. GENERAL PROVISIONS
1.1. This job description defines the duties, rights and responsibilities of the SNT chairman.
1.2. The decision on election to office and on dismissal from office is made by the general meeting of the members of the Council, unless otherwise provided by the Charter.
1.3. A person with a secondary special or higher education possessing organizational skills with at least 5 years of experience in managerial positions.
1.4. The SNT chairman is guided by:
- current regulatory documents on the work performed;
- the charter of the organization, local regulations organizations;
- real job description.
1.5. Traitor SNT should know:
- legislation on horticultural, vegetable gardening and dacha non-profit associations of citizens, the basics of civil, tax and land legislation;
- the charter of the partnership;
- fundamentals of economics, labor organization and management;
- labor legislation;
- rules and regulations of labor protection, safety and fire protection.
1.6. During the absence of the chairman of the SNT (vacation, illness, etc.), his duties are performed by a person appointed in accordance with the established procedure.
2. JOB RESPONSIBILITIES
SNT Chairman:
2.1. Acts without a power of attorney on behalf of the partnership.
2.2. Presides over the meetings of the board;
2.3. Has the right to first sign financial documents, which, in accordance with the charter of the association, are not subject to mandatory approval by the board or the general meeting of members of such an association (meeting of authorized representatives);
2.4. Signs other documents on behalf of such an association and minutes of the board meeting;
2.5. On the basis of the decision of the management board, concludes transactions and opens bank accounts of such an association;
2.6. Issues powers of attorney, including those with the right of substitution;
2.7. Ensures the development and submission for approval of the general meeting of members of such an association (meeting of authorized representatives) of the internal regulations of such an association, provisions on remuneration of employees who have entered into employment contracts with such an association;
2.8. Carries out representation on behalf of such an association in government bodies, local government bodies, as well as in organizations;
2.9. Considers applications from members of such an association.
2.10. In accordance with the charter, the chairman of the board performs other duties necessary to ensure the normal operation of the partnership, with the exception of the duties enshrined in the law on horticultural, vegetable gardening and dacha non-profit associations of citizens and the charter for other management bodies.
2.11. Exercises his rights and fulfills the established duties in good faith and reasonably.
The SNT chairman has the right:
3.1. Solve issues related to the financial, economic and economic activities of SNT, within the limits of the rights granted to him.
3.2. To represent the interests of the partnership in relations with state authorities, legal entities, citizens.
3.3. Sign (endorse) documents within their competence.
3.4. Require official duties from SNT employees.
3.5. Make proposals for improving the work related to the envisaged this instruction responsibilities.
4. LIABILITY
The SNT chairman is responsible for:
4.1. For improper performance or non-performance of their job responsibilities stipulated by this job description, within the limits determined by the current labor legislation Russian Federation.
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