Planning Motivation Control

Sample. approximate charter of a consumer cooperative. Governing bodies of the cooperative

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    EXAMPLE STATUTES
    CONSUMER COOPERATIVE

    (Name)

    I. Objectives and subject of the cooperative
    "_____________________________"
    Name

    1. Cooperative _________________________________________________
    (hereinafter: "cooperative") is a voluntary association
    citizens based on membership for joint satisfaction
    needs based on the combination of owned
    property, independence, self-government and
    self-financing, as well as the material interest of members
    cooperative and persons working in it for employment contract and
    the most complete combination of their interests with the interests of the cooperative and
    society.
    Cooperative name "___________________________________"
    Location of the cooperative: __________________________________
    The members of the cooperative are:

    __________________________________
    __________________________________
    etc.
    The mentioned citizens are founding members of the cooperative.
    Other members may also be admitted to the cooperative, in accordance with
    by this charter.
    2. The subject of the cooperative's activity is the implementation
    activities aimed at:
    - to meet the needs of its members in _______________________
    - on the development of cooperative democracy;
    - to assist and train and improve the qualifications of their
    members;
    - for legal services for members of the cooperative and protection of their rights
    and
    legitimate interests;

    II. Membership in a cooperative

    Rights and obligations of members of the cooperative
    3. Members of the cooperative can be citizens who have reached 16-
    years old, interested in the satisfaction of their
    interests to participate in the performance of other tasks assigned
    this Charter for a cooperative. No restrictions for
    joining a cooperative (with the exception of those specially stipulated in
    this Charter and legislation) no.
    The right of preferential entry into members of the cooperative has
    persons performing construction under an employment contract with him,
    assembly, etc. work.
    IN commercial activities cooperatives can host
    participation in free time from the main work, workers, scientific,
    engineers and technicians and employees of other cooperatives,
    enterprises, organizations and institutions as members or
    labor contract.
    Cooperative jobs requiring special training or
    special education (in accordance with this charter
    cases) can only be performed by persons who have presented
    documents confirming the necessary training and appropriate
    education.
    Admission to members of the cooperative is carried out by the general meeting of members
    cooperative in the presence of the citizen who submitted the application. Solution
    admission is adopted by a simple majority of votes of those present
    at a general meeting of members of the cooperative.
    A member of the cooperative can be excluded from the cooperative only in
    cases stipulated by this Charter and the Rules
    operation __________________, with the exception of
    vote 2/3 of the members present at the general meeting
    cooperative. The exclusion can be appealed against in court.
    4. A member of the cooperative is obliged:
    - comply with this Charter and current legislation;
    - strictly observe Operating rules ______________,
    home, garage, etc.
    decisions of the governing bodies of the cooperative;
    - make a share contribution in a timely manner, in accordance with clause 11
    Of the Charter;
    - to provide proper quality work results,
    carried out in accordance with clause 10 of the Charter;
    - to make, according to the decision of the general meeting, additional contributions for
    covering the resulting losses of the cooperative;
    - actively participate in managing the affairs of the cooperative;
    - to protect and strengthen the property of the cooperative;
    - bear joint and several subsidiary liability for
    obligations of the cooperative within the limits of the additional
    contributions.
    5. A member of the cooperative has the right:
    - to meet their needs in ____________________;
    - get a job in accordance with your profile
    specialties (other qualifications) and taking into account the needs
    cooperative;
    - to elect and be elected to the governing bodies of the cooperative;
    - make proposals for improving the activities of the cooperative;
    - make proposals for improving the activities of the cooperative,
    on the elimination of shortcomings in the work of its organs and officials;
    - participate in entrepreneurial activity cooperative,
    provided for in clause 10 of this Charter;
    - use the property of the cooperative, benefits and
    the benefits provided for its members;
    - receive comprehensive information about the activities
    cooperative;
    - the share of income to be distributed among the members
    cooperative in accordance with the size of the share contribution;
    - to meet other needs in order,
    established by the general meeting of the cooperative.
    6. For persons working in a cooperative under an employment contract,
    work books are kept in accordance with the "Instruction on the procedure
    conducting work books in enterprises, institutions and
    organizations ", except for those cases when the main place
    their work is other enterprises, institutions, organizations, and
    also cooperatives.
    7. Application of a member of the cooperative to withdraw from the cooperative must
    be considered within a month at the general meeting. Member
    the cooperative is considered to be retired from the moment the decision of the general
    meetings on this issue, amendments to this charter and
    registration of these changes in accordance with the established procedure.
    At the end of the financial year, but no later than one
    month after the approval of the annual balance sheet, to a former member
    the cooperative is allocated a share of the income due to it
    the cooperative formed as a result of the specified paragraph 10
    of this Charter of activity. Settlement with a former member
    cooperative, voluntarily left it or excluded from
    cooperative for gross or systematic violations of the Rules
    operation _______________________, Internal regulations
    and this Charter, is carried out in the same manner, but without payment
    the specified share of income.
    Persons working in a cooperative under an employment contract may
    terminate this agreement on its own initiative in accordance with
    acting labor legislation... Cooperative in its own
    the initiative can terminate the employment contract with them also in
    compliance with the norms labor law with taking into account the peculiarities,
    stipulated in the legislation on consumer cooperation.
    8. For damage caused to the cooperative, the persons working in it
    under an employment contract, bear material responsibility in
    the order and the amount provided for by law for workers
    and employees. If the damage is caused by a member of the cooperative or
    a citizen who has entered into a work contract with the cooperative, then
    losses incurred by the cooperative are reimbursed in accordance with
    applicable civil law.

    III. Entrepreneurial activity of the cooperative

    9.From the moment of state registration in the established
    order, the cooperative is a legal entity and has
    independent balance, as well as a stamp with its name,
    is responsible for its obligations with its separate property,
    may, on its own behalf, acquire and exercise rights, bear
    duties, to be a plaintiff and a defendant in court.
    The cooperative keeps funds in accounts with institutions
    jar;
    performs all cash and settlement transactions in accordance with
    established rules. Transfer or issue of funds
    from the accounts of the cooperative is made by order of the chairman and
    the accountant of the cooperative.
    10. Cooperative on the basis of prisoners with other enterprises,
    institutions, organizations, citizens of contracts carried out
    along with its main activity referred to in section 1
    of this Charter, as well as entrepreneurial activity by
    both its members and those recruited under an employment contract
    (or on the basis of a work contract) of citizens. This activity
    is in addition to the main activity of the cooperative,
    aims to create the most favorable conditions for
    achieving the goals of the cooperative defined by this Charter and
    is carried out in the following areas:

    __________________________________________________________________
    __________________________________________________________________

    IV. Share contribution

    11. Each member of the cooperative is obliged to make by the time
    registration of a cooperative at least __________% of its share contribution.
    The size of the share contribution of the members of the cooperative:



    The composition of the share contribution of the members of the cooperative:
    1.____________________________________________________________
    2.____________________________________________________________
    3.____________________________________________________________
    The procedure for making a share contribution: ______________________________
    __________________________________________________________________
    __________________________________________________________________
    12. In case of non-payment of the share contribution within the terms mentioned in
    clause 11 of this Charter, a member of the cooperative is obliged to pay 10%
    per annum from the unpaid part of the share contribution.
    13. Share contributions go to the formation of the statutory (share)
    cooperative fund.

    V. Formation and use of cooperative funds

    14. The property of the cooperative is formed at the expense of:
    - share drifts of its members;
    - contributions of persons working in it under an employment contract (from their
    consent);
    - income from activities referred to in clause 10 of the Charter;
    - contributions from enterprises, institutions, organizations, citizens,
    submitted on a voluntary basis in monetary form or in the form
    transfer of equipment, raw materials, materials, etc .;
    - bank loans;
    - other legal proceeds.
    The property of the cooperative is the property of the
    structural divisions.
    15. The income of the cooperative received from the
    this Charter of entrepreneurial activity, is used on
    reimbursement of costs associated with the implementation of this activity,
    other material costs, making mandatory payments and
    deductions, payment of taxes.
    From the remaining income, the cooperative forms:
    - cooperative development fund;
    - insurance fund;
    - wage fund for members of the cooperative and other persons,
    working in it under an employment contract.
    16. The insurance fund is intended to cover unforeseen
    expenses, losses associated with entrepreneurial activity,
    referred to in clause 10 of this Charter, as well as for the payment of debts
    cooperative upon its liquidation.
    The cooperative reserves the right to insure its property
    and property interests.
    17. The cooperative, by decision of the general meeting of its members, may
    allocate part of your income for construction on a shared basis
    housing and cultural facilities.
    18. The cooperative has the right:
    - sell and transfer to other cooperatives, organizations,
    enterprises, institutions, citizens exchange, lease
    lend and free for temporary use
    his money, property, equipment,
    materials, vehicles, equipment and others
    material values;
    - write off fixed assets from the balance sheet if they are worn out or
    morally outdated;
    - in the manner prescribed by law, be a holder
    valuable papers;
    - use property on a contractual basis,
    provided to him by other cooperatives, enterprises and
    organizations, rent, borrow and free temporary
    use of funds, equipment, inventory, transport
    funds, warehouses and structures, raw materials and others
    material values.
    The cooperative is responsible for its duties with its own
    funds and property. The state is not responsible for obligations
    cooperative.
    The cooperative is not responsible for the duties of the state, and
    members of the cooperative. The members of the cooperative are obliged within 3
    months from the date of approval of the annual balance to cover
    losses incurred by the cooperative by making additional
    contributions.

    Vi. Labor: organization, pay, discipline

    19. All work in the cooperative is performed by its members, as well as
    citizens who conclude an employment contract with a cooperative.
    Some work can be performed by other persons under a contract
    contract, Labor Relations cooperative members are regulated
    this Charter and legislation on cooperation, and working in
    cooperative under an employment contract - labor legislation with
    taking into account the specifics established by legislative acts on
    consumer cooperation.
    20. The duration and schedule of the working day in the cooperative,
    the procedure for granting days off, annual and additional
    vacations, benefits and benefits of working at night and others
    questions labor activity cooperative members are regulated
    this Charter and the Rules of the internal order of the cooperative.
    Remuneration for the work of members of the cooperative and persons working in it for
    employment contract, the maximum size is not limited and
    performed at least once a month.
    21. All construction, geodetic, earthen, installation and
    other work in the cooperative is carried out in compliance with
    established rules and regulations for safety measures and requirements
    industrial sanitation.
    22. Remuneration of labor of members of the cooperative, as well as persons working in
    him under an employment contract, or performing work under a contract
    contract, is made at the expense of funds remaining for these purposes at
    distribution of income received as a result of implementation
    activities referred to in clause 10 of this Charter. These
    funds are spent first on wages of employees, not
    who are members of the cooperative, and then to pay the members
    cooperative that took part in these works. Remaining amount
    distributed among all members of the cooperative in accordance with
    the size of the share contribution of each member of the cooperative.
    23. For violation of this Charter, the Rules of internal
    the schedule and discipline of work for members of the cooperative can be
    penalties have been imposed. Their types and order of imposition
    are established in the Internal Regulations.
    At the same time, for persons working in a cooperative for labor
    the agreement, the legislation on labor discipline applies
    workers and employees of state, municipal organizations and
    enterprises.
    24. Disputes of members of the cooperative about remuneration, compensation
    harm caused by injury, other damage to health or
    death of the breadwinner, as well as compensation for damage to the cooperative,
    caused through the fault of its member, are considered in court
    okay. Other disputes of members of the cooperative related to their
    activities in the cooperative are considered by the governing bodies
    cooperative.
    Labor disputes involving workers in a cooperative
    the employment contract of persons is considered in court.

    Vii. Cooperative management

    25. The management of the cooperative is carried out on the basis of
    self-government, broad democracy, publicity, active participation
    its members in solving all issues of the cooperative's activities.
    The affairs of the cooperative are managed by the general meeting of its members, and in
    the period between meetings is its board and chairman.
    The economic and financial activities of the cooperative are checked by it
    auditor (audit commission), elected for one year.
    26. The supreme governing body is the general meeting of its
    members. The exclusive competence of the meeting is:
    - adoption of the Charter, introduction of amendments and additions to it;
    - election of the board, chairman, auditor, hearing
    reports on their activities;
    - resolving issues of admission to a cooperative and exclusion from
    cooperative, about leaving the cooperative;
    - adoption of the Internal Rules, Regulations on
    material responsibility for damage to property
    cooperative, amendments to them, as well as the Rules of operation
    ______________________;
    - adoption of the Regulations on remuneration, bonuses, and other
    internal regulations, amendments and additions to them;
    - determination of the size of the entrance and share contributions;
    - determination of the size and order of making additional
    contributions in cases of need to cover the delighted losses
    cooperative;
    - establishing the procedure for the distribution of income and the direction
    the use of the funds of the cooperative;
    - approval of the annual financial report of the cooperative and
    balance sheet;
    - solving issues of liquidation and reorganization of the cooperative.
    General meeting cooperative can solve other issues,
    referred by this Charter to the jurisdiction of the cooperative. All solutions
    adopted by the general meeting by open vote.
    27. The general meeting of the members of the cooperative is convened within the time frame
    established by the meeting itself, but at least ___________ once a year. For
    consideration and approval of the annual financial statements and balance sheets
    the general meeting is convened no later than a month after the end of
    the day of the end of the financial year. The general meeting is competent
    resolve issues if the meeting is attended by n ...

SAMPLE STATUTE OF CONSUMER COOPERATIVE "_____________________________" (name) I. Objectives and subject of the cooperative "_____________________________" name 1. Cooperative _________________________________________________ (hereinafter: "cooperative") is a voluntary association of citizens on the basis of membership for joint satisfaction of needs based on the consolidation of their property , independence, self-government and self-financing, as well as the material interest of the members of the cooperative and persons working in it under an employment contract and the most complete combination of their interests with the interests of the cooperative and society. Name of the cooperative "___________________________________" Location of the cooperative: __________________________________ Members of the cooperative are: __________________________________ __________________________________ __________________________________, etc. The mentioned citizens are founding members of the cooperative. Other members may also be admitted to the cooperative in accordance with this charter. 2. The subject of the cooperative is the implementation of activities aimed at: - meeting the needs of its members in _______________________ - the development of cooperative democracy; - to assist and train and improve the qualifications of its members; - for legal services for members of the cooperative and protection of their rights and legitimate interests; II. Membership in the cooperative Rights and obligations of the members of the cooperative 3. Members of the cooperative may be citizens who have reached the age of 16, who are interested in satisfying their interests to participate in the performance of other tasks assigned by this Charter to the cooperative. There are no restrictions for joining a cooperative (except for those specifically stipulated in this Charter and legislation). The right of preferential entry into members of the cooperative has persons who perform construction, installation, etc. work under an employment contract with it. In the commercial activities of the cooperative, workers, scientific, engineering and technical workers and employees of other cooperatives, enterprises, organizations and institutions can participate in their free time from their main work as members or under an employment contract. Work in a cooperative requiring special training or special education (in the cases provided for by this charter) can only be performed by persons who have presented documents confirming the necessary training and appropriate education. Admission to members of the cooperative is carried out by the general meeting of the members of the cooperative in the presence of the citizen who submitted the application. The decision on admission is made by a simple majority of votes of the members of the cooperative present at the general meeting. A cooperative member may be excluded from the cooperative only in cases provided for by this Charter and the Operating Rules __________________, while 2/3 of the members of the cooperative present at the general meeting must vote for the exception. The exclusion can be appealed against in court. 4. A member of the cooperative is obliged: - to comply with this Charter and current legislation; - strictly observe the Rules of Operation ______________, at home, garage, etc. decisions of the governing bodies of the cooperative; - make a share contribution in a timely manner, in accordance with clause 11 of the Charter; - ensure the proper quality of the results of work carried out in accordance with clause 10 of the Charter; - to make, by decision of the general meeting, additional contributions to cover the resulting losses of the cooperative; - actively participate in managing the affairs of the cooperative; - to protect and strengthen the property of the cooperative; - bear joint and several subsidiary liability for the obligations of the cooperative within the limits of additional contributions not made. 5. A member of the cooperative has the right: - to meet their needs in ____________________; - to get a job in accordance with the profile of their specialty (different qualifications) and taking into account the needs of the cooperative; - to elect and be elected to the governing bodies of the cooperative; - make proposals for improving the activities of the cooperative; - make proposals to improve the activities of the cooperative, to eliminate shortcomings in the work of its bodies and officials; - participate in the entrepreneurial activities of the cooperative, provided for in clause 10 of this Charter; - to use the property of the cooperative, benefits and advantages provided for its members; - to receive comprehensive information about the activities of the cooperative; - for the share of income to be distributed among the members of the cooperative in accordance with the size of the share contribution; - to meet other needs in accordance with the procedure established by the general meeting of the cooperative. 6. For persons working in a cooperative under an employment contract, work books are kept in accordance with the "Instruction on the procedure for maintaining work books at enterprises, institutions and organizations", except for those cases when their main place of work is other enterprises, institutions, organizations as well as cooperatives. 7. The application of a member of the cooperative to withdraw from the cooperative must be considered within a month at the general meeting. A member of the cooperative is considered to have retired from the moment the decision of the general meeting on this issue is made, changes are made to this charter and the registration of these changes in the prescribed manner. At the end of the financial year, but not later than one month after the approval of the annual balance sheet, the former member of the cooperative is allocated a share due to him from the income of the cooperative formed as a result of the activities provided for in clause 10 of this Charter. Settlement with a former member of the cooperative, who left it without permission or was expelled from the cooperative for gross or systematic violations of the Operating Rules _______________________, the Internal Regulations and this Charter, is made in the same manner, but without paying the specified share of income. Persons working in a cooperative under an employment contract can terminate this contract on their own initiative in accordance with the current labor legislation. The cooperative, on its own initiative, can terminate the employment contract with them also in accordance with the norms of labor law, taking into account the specifics provided for in the legislation on consumer cooperation. 8. For damage caused to the cooperative, the persons working in it under an employment contract are materially liable in the manner and amount provided for by law for workers and employees. If the damage is caused by a member of the cooperative or a citizen who has entered into a work contract with the cooperative, then the losses incurred by the cooperative are compensated in accordance with the current civil legislation. III. Entrepreneurial activity of the cooperative 9.From the moment of state registration in accordance with the established procedure, the cooperative is a legal entity and has an independent balance sheet, as well as a seal with its name, is responsible for its obligations with its separate property, can on its own behalf acquire and exercise rights, bear obligations, be a plaintiff and a defendant in court. The cooperative keeps funds in accounts with bank institutions; performs all cash and settlement transactions in accordance with the established rules. The transfer or issue of funds from the accounts of the cooperative is carried out by order of the chairman and accountant of the cooperative. 10. The cooperative, on the basis of contracts concluded with other enterprises, institutions, organizations, citizens, along with its main activities mentioned in section 1 of this Charter, also carries out entrepreneurial activities by the forces of both its members and those recruited under an employment contract (or on the basis of work contract) citizens. This activity is in addition to the main activity of the cooperative, aimed at creating the most favorable conditions for achieving the goals of the cooperative defined by this Charter and is carried out in the following areas: __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ IV. Share contribution 11. Each member of the cooperative is obliged to pay at least __________% of his share contribution by the time of registration of the cooperative. The size of the share contribution of the members of the cooperative: 1 .____________________________________________________________ 2 .____________________________________________________________ 3 .____________________________________________________________ Composition of the share contribution of the members of the cooperative: 1 .____________________________________________________________ 2 .____________________________________________________________ 3 .____________________________________________________________ Procedure for making the share contribution: ______________________________ __________________________________________________________________ __________________________________________________________________ 12. In case of failure to pay the share contribution, the mentioned clause 11 of this Charter, a member of the cooperative is obliged to pay 10% per annum of the unpaid part of the share contribution. 13. Share contributions go to the formation of the charter (share) fund of the cooperative. V. Formation and use of the funds of the cooperative 14. The property of the cooperative is formed due to: - share contributions of the members who entered it; - contributions of persons working in it under an employment contract (with their consent); - income from activities referred to in clause 10 of the Charter; - contributions of enterprises, institutions, organizations, citizens made on a voluntary basis in cash or in the form of transfer of equipment, raw materials, materials, etc .; - bank loans; - other legal proceeds. The property of the cooperative is the property of the structural divisions it creates. 15. The income of the cooperative obtained from the entrepreneurial activity provided for in this Charter is used to reimburse the costs associated with the implementation of this activity, other material costs, make mandatory payments and deductions, and pay taxes. From the remaining income the cooperative forms: - the cooperative development fund; - insurance fund; - the wage fund for members of the cooperative and other persons working in it under an employment contract. 16. The insurance fund is intended to cover unforeseen expenses, losses associated with entrepreneurial activities referred to in paragraph 10 of this Charter, as well as to pay debts of the cooperative upon its liquidation. The cooperative reserves the right to insure its property and property interests. 17. The cooperative, by decision of the general meeting of its members, may allocate part of its income for the construction on a shared basis of housing and cultural facilities. 18. The cooperative has the right to: - sell and transfer to other cooperatives, organizations, enterprises, institutions, citizens, exchange, lease, lend and free temporary use of its monetary funds, property, machinery, materials, vehicles, equipment and other material values; - write off fixed assets from the balance sheet if they are worn out or obsolete; - to be a holder of securities in accordance with the procedure established by the legislation; - on a contractual basis, use the property provided to him by other cooperatives, enterprises and organizations, rent, borrow and for free temporary use cash, equipment, inventory, vehicles, storage facilities and structures, raw materials and other material values. The cooperative is responsible for its duties with its own funds and property. The state is not responsible for the obligations of the cooperative. The cooperative is not responsible for the duties of the state, as well as the members of the cooperative. The members of the cooperative are obliged to cover the losses incurred by the cooperative by making additional contributions within 3 months from the date of approval of the annual balance sheet. Vi. Labor: organization, pay, discipline 19. All work in the cooperative is performed by its members, as well as by citizens who conclude an employment contract with the cooperative. Certain work can be performed by other persons under a work contract.The labor relations of cooperative members are regulated by this Charter and the legislation on cooperation, and those working in a cooperative under an employment contract - by labor legislation, taking into account the specifics established by legislative acts on consumer cooperation. 20. The duration and schedule of the working day in the cooperative, the procedure for granting days off, annual and additional vacations, benefits and advantages of working at night and other issues of labor activity of members of the cooperative are regulated by this Charter and the Internal Rules of the cooperative. Remuneration for the work of members of the cooperative and persons working in it under an employment contract is not limited to the maximum amount and is made at least once a month. 21. All construction, geodetic, excavation, installation and other work in the cooperative is carried out in compliance with the established rules and regulations for safety and industrial sanitation requirements. 22. The remuneration of the members of the cooperative, as well as persons working in it under an employment contract, or performing work under a work contract, shall be made at the expense of the funds remaining for these purposes in the distribution of income received as a result of the activities referred to in paragraph 10 of this Of the Charter. These funds are spent first on the remuneration of workers who are not members of the cooperative, and then on the remuneration of the members of the cooperative who took part in these works. The remaining amount is distributed among all members of the cooperative in accordance with the size of the share contribution of each member of the cooperative. 23. For violation of this Charter, the Internal Regulations and Labor Discipline, penalties may be imposed on members of the cooperative. Their types and order of imposition are established in the Internal Regulations. At the same time, the legislation on labor discipline of workers and employees of state, municipal organizations and enterprises applies to persons working in a cooperative under an employment contract. 24. Disputes between members of a cooperative about wages, compensation for harm caused by injury, other damage to health or death of the breadwinner, as well as compensation to the cooperative for damage caused through the fault of its member, are considered in court. Other disputes between members of the cooperative related to their activities in the cooperative are considered by the governing bodies of the cooperative. Labor disputes with the participation of persons working in a cooperative under an employment contract are considered in court. Vii. Management of a cooperative 25. Management of a cooperative is carried out on the basis of self-government, broad democracy, publicity, active participation of its members in resolving all issues of the cooperative's activities. The affairs of the cooperative are managed by the general meeting of its members, and in the period between meetings - by its board and chairman. The economic and financial activities of the cooperative are checked by its auditor (audit commission), who is elected for one year. 26. The supreme governing body is the general meeting of its members. The exclusive competence of the meeting is: - adoption of the Charter, making amendments and additions to it; - election of the board, chairman, auditor, hearing reports on their activities; - resolving issues of admission to a cooperative and about exclusion from a cooperative, about leaving a cooperative; - adoption of the Internal Regulations, the Regulation on material liability for damage caused to the property of the cooperative, amendments to them, as well as the Operating Rules ______________________; - adoption of the Regulations on remuneration of labor, on bonuses, other internal regulations, amendments and additions to them; - determination of the size of the entrance and share contributions; - determination of the size and procedure for making additional contributions in cases of need to cover the delighted losses of the cooperative; - establishing the procedure for the distribution of income and the direction of using the funds of the cooperative; - approval of the annual financial report of the cooperative and the balance sheet; - solving issues of liquidation and reorganization of the cooperative. The general meeting of the cooperative may also resolve other issues referred by this Charter to the jurisdiction of the cooperative. All decisions are made by the general meeting by open vote. 27. The general meeting of the members of the cooperative is convened at the time established by the meeting itself, but at least ___________ once a year. For consideration and approval of the annual financial report and balance sheet, the general meeting is convened no later than a month after the end of the day of the end of the financial year. The general meeting is competent to resolve issues if at least 2/3 of the members of the cooperative are present at the meeting. Decisions to amend the Charter of the cooperative, to terminate the activities of the cooperative are made by 2/3 votes of the total number of members of the cooperative. The rest of the decisions are taken by a simple majority of votes, except for the cases mentioned in clause 28 of this Charter. 28. Election of members of the board, chairman, auditor (audit commission) of the cooperative is made by open vote. A candidate who receives 2/3 of the votes of the members of the cooperative present is considered elected. 29. The chairman and the board of the cooperative are elected by the general meeting for a term of ___________ years. The chairman of the cooperative is the chairman of the board. The board manages the current affairs of the cooperative and makes decisions on issues that are not attributed to the exclusive competence of the general meeting. The chairman of the cooperative ensures the implementation of decisions of the general meeting and the board, carries out daily management of the activities of the cooperative, represents the cooperative in relations with government bodies and other institutions and organizations, cooperatives; concludes contracts, issues powers of attorney, performs other actions. 30. The auditor (audit commission) elected by the general meeting is guided by this Charter and current legislation. He is accountable to the general meeting. The auditor (audit commission) conducts at least one audit of the economic financial activities cooperative. He gives an opinion on the annual financial statement and the balance of the cooperative. Audit acts are subject to approval by the general meeting of the members of the cooperative. The procedure for conducting the audit and the issues to be checked are established in the current legislation. 31. The cooperative appoints from among its members or hires for work under an employment contract with the necessary qualifications: an accountant, manager, lawyer, etc. These workers report directly to the chairman of the cooperative. 32. The chairman of the cooperative and the auditor, who have not justified the confidence of the members of the cooperative, may be recalled ahead of schedule by the decision of the general meeting. Persons with a conviction for embezzlement, bribery and other mercenary crimes cannot be elected as chairman, member of the board of the cooperative, auditors (or a member of the audit commission), as well as hold other managerial positions and positions related to material responsibility. 33. Persons who are prohibited by a court verdict to engage in activities that coincide with the specifics of the cooperative, or to perform certain jobs, cannot be members of a cooperative or be involved in work in it under an employment contract. VIII. Termination of the cooperative 34. The cooperative, by decision of the general meeting, can be reorganized in accordance with the current Civil Code Russian Federation and consumer cooperative legislation. 35. Liquidation of a cooperative is carried out by decision of the general meeting of members of the cooperative, as well as on other grounds and in the manner prescribed by the current legislation. 36. Upon liquidation of a cooperative, a liquidation commission is created, which, in accordance with the established procedure, publishes an announcement in the press on the liquidation of the cooperative, on the procedure and terms for the statement of claims by creditors, identifies the debtors of the cooperative, draws up interim and liquidation balances, carries out work to satisfy the claims of creditors, and performs other functions assigned to it by law. 37. The property of the cooperative remaining after the satisfaction of its creditors is distributed among the members of the cooperative in proportion to the size of their share contributions. 38. The cooperative is considered liquidated from the moment of making an entry about it in the Unified State Register legal entities... This Charter was approved at the general meeting of the members of the cooperative "___________________" (minutes N_____ dated "__" _________ 20__). Cooperative members: ___________________ _____________________________ ________________ full name year of birth, signature, home address, passport data ___________________ _____________________________ ________________ ___________________ _____________________________ ________________ ___________________ _____________________________ ________________ ___________________ _____________________________ ________________

It is far from the most common form of legal entities, and is a group union individuals or enterprises that are ready to combine their contributions (shares) into a single whole, in order to achieve certain tasks or goals. This characteristic determines the presence of specialized consumer cooperatives - agricultural, credit, etc.

Features and essence of the charter of a consumer cooperative

By the nature of its activity, a consumer cooperative (PC) is a non-profit organization, however, in order to achieve the main goals and areas of activity, it has the right to engage in entrepreneurial activity. Like most other types of legal entities, the founding documents of the cooperative are its charter.

The RF Law of 19.06.1992 No. 3085-1 "On Consumer Cooperation" regulates in detail the procedure for creating a PC and approving its charter. The main task of this constituent document is the definition of general and specific issues of creating a cooperative:

  • determining the purpose of his activities;
  • the procedure for accepting new members of the cooperative;
  • the procedure for the formation of property;
  • the format for the creation and functioning of the governing bodies of the cooperative.

For special forms cooperatives with special goals and areas of activity (for example, credit PCs), legislation provides for private norms aimed at streamlining their activities.

Requirements

The standard charter of a consumer cooperative is approved by its founders when creating a PC. The legislation establishes the minimum number of members of the cooperative:

  • individuals- at least five people;
  • legal entities- at least three companies.

A feature of the formation of a cooperative is the pooling of contributions of citizens (shares), which will ensure the functioning of the PC within the framework of achieving the set goal. Initially, the equality of shares (contributions, shares) of each participant is implied, however, when approving the charter, it is possible to deviate from this standard rule and provide for a reduced share size for the categories of citizens specified in Part 2 of Art. 9 of Law No. 3085-1.

After making a decision to create a cooperative and approving the final version of its charter, in tax authority documents are sent to perform registration actions.

The provisions

Scroll mandatory requirements, which should be contained in the text of the charter, are defined in Part 1 of Art. 9 of Law No. 3085-1. Among the fundamental prerequisites are:

  • all possible variants of the name of the cooperative and its location;
  • goals and main directions of activity of the newly created cooperative;
  • the procedure for the formation of the property of the PC, the amount and terms of payment of the entrance and share contribution;
  • conditions for joining the cooperative of new members, withdrawal from the membership with the payment of a share and established payments;
  • the formation of cooperative management bodies, as well as control bodies;
  • order or its reorganization into others.

The rest of the terms and conditions of the charter will be additional (optional), their content will be determined by the shareholders when preparing the draft document.

You can download a sample of the charter of a dacha consumer cooperative.

Charter of a horticultural (vegetable gardening, dacha) consumer cooperative

Charter of a horticultural consumer cooperative - 1

Charter of a horticultural consumer cooperative - 2

Charter of a horticultural consumer cooperative - 3

Charter of a horticultural consumer cooperative - 4

Charter of a horticultural consumer cooperative - 5

Charter of a horticultural consumer cooperative - 6

Charter of the horticultural consumer cooperative - 7

Charter of a horticultural consumer cooperative - 8

Charter of the horticultural consumer cooperative - 9

Charter of a horticultural consumer cooperative - 10

Charter of the horticultural consumer cooperative - 11

Charter of the horticultural consumer cooperative - 12

Charter of the horticultural consumer cooperative - 13

Charter of the horticultural consumer cooperative - 14

You can also download a sample from us, and.

Document registration

Registration of the charter occurs simultaneously with the registration of the cooperative as a legal entity. The registering authority is the Federal Tax Service Inspectorate at the location of the PC, it is there that the application form is sent in the prescribed form R11001.

  • For registration actions, it is necessary to submit three copies of the charter, and the term for the legal examination of the submitted ones cannot exceed 17 working days.
  • For the completion of registration procedures, the applicant pays a state fee, which as of 2017 is 4,000 rubles. The payment order for the payment of this amount must be attached to the application to the tax authority.

Based on the results of registration, information about the newly created cooperative will be entered into, and the registered charter will be returned to the applicant with a corresponding mark.

The procedure and features for making changes to the charter of a consumer cooperative are described below.

Alteration

To make changes and additions to the charter of the cooperative, the same procedure is carried out. As with its approval and registration. To approve the amendments, a general meeting of PC shareholders is convened, which is authorized to make appropriate decisions.

The voting results are formed in and sent to the tax authority for registration. After the completion of the registration procedures, the charter in new edition(or the original charter with separately formed amendments) is returned to the applicant. If the content of the charter changed the information about the cooperative to be reflected in the state register, the applicant will also be issued an extract from the Unified State Register of Legal Entities.

garage-building cooperative

1. GENERAL PROVISIONS

1.1. Garage-building cooperative "", hereinafter referred to as "Cooperative", was created by a decision of the general meeting of founders, united on a voluntary basis to meet the needs of the members of the Cooperative in the construction of garages.

1.1.1. The founders of the Cooperative are:. Location of the Cooperative:. The Chairman of the Cooperative is located at this address.

1.3. The cooperative is a non-profit organization created as a voluntary association of citizens and legal entities on the basis of membership in the form of a specialized consumer cooperative - a garage-building cooperative - in order to meet the needs for garages.

1.4. The full name of the Cooperative in Russian: garage-building cooperative "". Abbreviated name: GSK "".

1.5. The cooperative is created for an unlimited period of time.

1.6. The Cooperative's activities are not limited to the territory. The Cooperative's activities are based on the principles of voluntariness, mutual property assistance, self-sufficiency and self-government.

1.7. The cooperative is a legal entity from the moment of state registration, has an independent balance sheet, settlement and other bank accounts, a seal with its name in Russian, a corner stamp, letterheads and other details.

1.8. The cooperative can, on its own behalf, make any transactions that do not contradict the legislation of the Russian Federation and this Charter, acquire property and non-property rights and bear obligations, represent the common interests of the members of the Cooperative in government bodies and local governments.

1.9. The cooperative is responsible for its debts with all property belonging to it. The Cooperative is not responsible for the obligations of its members, and the members of the Cooperative jointly bear subsidiary liability for its obligations within the unpaid part of the entrance fee of each of the members of the Cooperative.

1.10. The cooperative in its activities is guided by the Civil Code of the Russian Federation, other current legislation of the Russian Federation and this Charter.

2. OBJECTIVES OF THE COOPERATIVE

2.1. The cooperative was created to meet the needs of citizens - members of the Cooperative in garages by building them at the expense of the members of the Cooperative, as well as for the subsequent operation of garages mainly at their own expense.

2.2. To implement the goal of the Cooperative's activities specified in clause 2.1 of this Charter, the Cooperative has the right to:

  • receive land plots for the construction of garages on them;
  • carry out the construction of garages in accordance with the procedure established by the legislation of the Russian Federation at the expense of their own and borrowed funds;
  • purchase necessary equipment, materials;
  • conclude contracts for development design and estimate documentation, for the provision of services;
  • acquire ownership or rent the necessary inventory, units and technical equipment;
  • organize your own service for the protection, cleaning, landscaping of the garage complex, its repair and maintenance;
  • use in their activities the property of members of the Cooperative, the state, municipalities, individuals and legal entities on a reimbursable and gratuitous basis;
  • receive, on a contractual basis, loans and credits from state and municipal authorities, individuals and legal entities, including banks;
  • carry out other activities consistent with the goals of the Cooperative.

2.3. The cooperative carries out the construction of garages for typical projects and as an exception - by individual projects, approved in accordance with the established procedure, with the obligatory use of standard structural materials. The construction of garages is carried out after the approval of projects in the prescribed manner and after obtaining a building permit.

2.4. The cooperative maintains accounting and statistical records in accordance with the procedure established by law and is responsible for its accuracy.

2.5. The Cooperative keeps records and stores all documentation to be stored in accordance with the legislation of the Russian Federation.

3. PROPERTY OF THE COOPERATIVE

3.1. The cooperative acquires ownership of the property transferred to it by its members as share contributions.

3.2. Cooperative members can pay shares in cash and property.

3.3. The property of the Cooperative is formed by:

  • entrance and membership contributions, targeted, additional and other contributions of members of the Cooperative;
  • voluntary property contributions and donations;
  • other receipts not prohibited by the legislation of the Russian Federation.

3.4. The general meeting of the members of the Cooperative has the right to form, on the basis of the property belonging to it, the funds of the Cooperative:

  • share fund, which is formed at the expense of share contributions of members of the Cooperative and is directed to the construction of garages and their operation, other necessary expenses;
  • the reserve fund, which is formed by the decision of the general meeting at the expense of the reserve contributions of the members of the Cooperative; the purpose of the fund is to cover the losses of the Cooperative in the event that the members of the Cooperative fail to make their share contributions.

3.5. A member of the cooperative is obliged to pay at least ten percent of the share contribution by the time of state registration of the cooperative. The rest of the share contribution is paid within a year after the state registration of the cooperative. A share contribution of a member of a cooperative can be money, securities, other property, including property rights, as well as other objects of civil rights. Land plots and others Natural resources can be a share contribution to the extent that their turnover is allowed by the laws on land and natural resources.

  • when a cooperative is formed by mutual agreement of the members of the cooperative on the basis of prices prevailing in the market;
  • when new members join the cooperative by the audit commission of the cooperative. New members of the Cooperative pay a share contribution within days from the date of the decision by the general meeting of members on admission to membership in the Cooperative.
Assessment of a share contribution exceeding two hundred and fifty established by federal law minimum sizes wages must be paid by an independent appraiser.

3.6. Membership fees are paid monthly and are used to cover the costs of ongoing activities. Membership dues can be paid for the entire quarter until the day of the month following the quarter for which the dues are paid.

3.7. If a member of the Cooperative is fixed time did not pay the share or membership fee, then for each day of delay in payment he must pay a penalty in the amount of% of the amount owed, but not more than the size of the share or membership fee. The interest is used for the same purposes as the respective contributions.

3.8. The size of the share and membership fees are determined by the general meeting of the members of the Cooperative.

3.9. If, after the approval of the annual balance sheet, the Cooperative incurs losses, the members of the Cooperative are obliged to cover the resulting losses by additional contributions in the amount and within the period established by the general meeting. At the same time, the period for covering losses should not exceed from the date of approval of the annual balance sheet, which reflects the losses. Responsibility for failure to fulfill the obligation to pay additional contributions on time is similar to the liability measures provided for in clause 3.7 of this Charter. If this obligation is not fulfilled, the cooperative may be liquidated in court at the request of creditors.

3.10. The decision on making targeted, additional and other contributions, if necessary, is taken by the general meeting of the members of the Cooperative and determines the amount and timing of their payment.

3.11. The income received by the consumer cooperative from entrepreneurial activities carried out by the cooperative in accordance with the law and the charter is distributed among its members.

3.12. The received profit of the Cooperative is distributed among its members in accordance with their personal labor and (or) other participation, the size of the share contribution, and between the members of the cooperative who do not take personal labor participation in the activities of the cooperative, according to the size of their share contribution. Part of the profit of the Cooperative is distributed among its employees by decision of the general meeting of the members of the cooperative. The procedure for distribution of profits is stipulated by the general meeting.

3.13. Part of the cooperative's profit remaining after taxes and other mandatory payments, as well as after the profit is directed for other purposes determined by the general meeting of cooperative members, is subject to distribution among the members of the Cooperative. Part of the profit of the cooperative, distributed among the members of the cooperative in proportion to the size of their share contributions, must not exceed fifty percent of the profit of the cooperative to be distributed among the members of the cooperative.

4. MANAGEMENT BODIES OF THE COOPERATIVE

4.1. The governing bodies of the Cooperative are:

  • general meeting of members of the Cooperative;
  • The Board of the Cooperative;
  • Chairman of the Cooperative;
  • Audit committee.

4.2. The next general meeting of the Cooperative is convened by the Board at least once a year by notifying all members of the Cooperative in writing.

4.2.1. The general meeting has the right to make decisions if more than% of the members of the Cooperative are present at the meeting.

4.2.2. Decisions on any issues are made by the general meeting by a majority of votes from the number of the members of the Cooperative present, with the exception of questions about the liquidation or reorganization of the Cooperative, the approval of its liquidation balance, which are adopted by a majority vote of the number of members of the Cooperative present.

4.2.3. The general meeting is supreme body management of the Cooperative and has the right to make decisions on any issues related to the activities of the Cooperative, incl. within the competence of other bodies, and also has the right to cancel decisions of the Management Board. The exclusive competence of the general meeting includes:

  • admission to membership and expulsion from members of the Cooperative;
  • distribution of garages among members of the Cooperative;
  • establishing the size of the admission, membership and other types of fees, establishing the amount of participation of a member of the Cooperative in the costs of garage facilities;
  • approval of the Charter of the Cooperative;
  • making changes and additions to the Charter of the Cooperative;
  • election of members of the Management Board and members Audit Commission Cooperative;
  • approval of the reports of the Management Board and the Audit Commission;
  • resolving the issue of liquidation or reorganization of the Cooperative, approval of its liquidation balance sheet;
  • consideration of complaints against the Management Board and the Audit Commission.
4.2.4. Each member of the Cooperative has one vote, regardless of the size of the share contribution.

4.2.5. Extraordinary general meetings may be convened to discuss urgent issues. Extraordinary general meetings are convened at the request of at least members of the Cooperative, the Audit Commission or by the decision of the Board of the Cooperative by an interested person (s).

4.2.6. The decisions of the general meeting are recorded in the minutes of the meeting, signed by the Chairman and the secretary of the meeting.

4.2.7. The decisions of the general meeting are binding on all members of the Cooperative and its bodies.

4.3. Board of the Cooperative - collegial executive agency, elected in the number of not less than the members of the Cooperative for a period of time, managing the Cooperative in the period between general meetings. The Board is accountable to the general meeting of members of the Cooperative. Meetings of the Management Board are held as needed, but at least once a day. The Management Board elects from among its members the Chairman of the Management Board and the Deputy (deputies) of the Chairman of the Management Board. The Chairman of the Management Board manages the work of the Management Board.

4.3.1. A meeting of the Management Board is legally competent if it is attended by members of the Management Board. Decisions are made by a majority vote of the members of the Management Board. The decisions of the Management Board are drawn up in minutes, which are signed by the Chairman of the Management Board and the Secretary.

4.3.2. The Board of the Cooperative exercises the following powers:

  • plans the activities of the Cooperative, makes estimates, staffing table the apparatus of the Cooperative;
  • manages the current activities of the Cooperative, with the exception of matters referred by the Charter to the competence of other bodies of the Cooperative, manages the garage economy;
  • receives the contributions established by the general meeting of the members of the Cooperative from the members;
  • manages the funds of the Cooperative in accordance with financial plan approved by the general meeting of the members of the Cooperative;
  • convenes a general meeting, prepares documents for the meeting;
  • approves and provides the general meeting with work plans for the implementation of the statutory activities of the Cooperative, controls the implementation of decisions made;
  • considers proposals and applications of members of the Cooperative;
  • represents the Cooperative in government and management bodies, as well as in relations with legal entities and individuals;
  • organizes the implementation of decisions of the general meeting;
  • prepares and submits a report on the work of the Management Board to the general meeting;
  • maintains a list of members of the Cooperative;
  • fulfills other obligations of the Cooperative.

4.3.3. The Chairman of the Cooperative is the head of the Board of the Cooperative and carries out the following actions:

  • acts on behalf of the Cooperative without a power of attorney, signs financial documents, accepts obligations, opens and closes the Cooperative's bank accounts, issues powers of attorney;
  • issues orders, orders, mandatory for the staff of the Cooperative;
  • hires and dismisses full-time employees;
  • approves the staffing table, the fund wages, reserve and other funds, as well as the size of the official salaries of the staff of the Cooperative;
  • disposes of the property of the Cooperative in accordance with general procedure and directions determined by the general meeting and the Board;
  • concludes contracts on behalf of the Cooperative.

4.4. To control the activities of the Cooperative, the general meeting elects an Audit Commission consisting of a person for a period of.

4.4.1. The audit of the financial and economic activities of the Cooperative is carried out based on the results of the activities of the Cooperative for the year, as well as at the initiative of the Audit Commission, by decision of the general meeting of the members of the Cooperative or at the request of at least members of the Cooperative. The Audit Commission elects from among its members the Chairman of the Commission.

4.4.2. The Audit Commission has the right to demand the convocation of an extraordinary general meeting of the members of the Cooperative.

4.4.3. Members of the Audit Commission cannot simultaneously hold positions in the management bodies of the Cooperative. Spouses, relatives, in-laws cannot be members of the Management Board and the Audit Commission.

5. MEMBERSHIP. RIGHTS AND OBLIGATIONS OF MEMBERS OF THE COOPERATIVE

5.1. Members of the Cooperative can be citizens who have reached the age of 16. Members of the Cooperative may be its founders and persons subsequently admitted to the Cooperative in accordance with the procedure provided for by this Charter.

5.2. Citizens wishing to become members of the Cooperative submit an application in writing for admission to membership in the Cooperative addressed to the Chairman of the Cooperative, in which they indicate their passport data.

5.3. Admission to members of the Cooperative is possible by decision of the general meeting of members of the Cooperative.

5.4. After the general meeting of the members of the Cooperative makes a decision on admitting to membership and setting a time limit for paying the share contributions of the applicant, he must pay the share contribution established by the general meeting of the members of the Cooperative, within the time limit in accordance with clause 3.5 of this Charter. The applicant becomes a member of the Cooperative only after the payment of the share contribution. In case of delay in payment of the said contributions, the applicant pays penalties in accordance with clause 3.7 of the Charter. If the delay exceeds days, then the decision of the Board of the Cooperative on admission to membership in the Cooperative becomes invalid, and the admission is invalid. The money received from the applicant as a partial payment of the entrance fee and the share fee shall be returned to him.

5.5. A member of the Cooperative is obliged:

  • comply with the Charter, decisions of the general meeting, the Board of the Cooperative and the Audit Commission;
  • comply with state technical, fire safety, sanitary norms and rules for maintaining a garage;
  • make the established contributions in a timely manner and in full;
  • bear the burden of costs for maintenance, repair of the garage that is in his use (owned);
  • pay all taxes and fees on time;
  • participate in the improvement of the territory of the garage complex;
  • participate in the costs of maintenance, repair and operation of property common use.

5.6. A member of the Cooperative has the right:

  • get a garage in accordance with the share contributed for use (ownership);
  • get access and get acquainted with the reports of the Board, the Audit Commission, other financial documents, any information about the activities of the Cooperative;
  • alienate your garage (share);
  • take part in the activities of the general meeting of the Cooperative with the right of one casting vote;
  • receive part of the property of the Cooperative after its liquidation;
  • carry out other actions not prohibited by the legislation of the Russian Federation.

5.7. A member of the Cooperative has the right to leave the Cooperative at any time. An application for withdrawal from the Cooperative is submitted by its member to the Chairman of the Cooperative no later than before the withdrawal. Each member of the Cooperative has the right to receive the value of the share upon leaving the Cooperative. In this case, the cost of a share can be paid to a member of the Cooperative in cash or property, including real estate. A person who has left the Cooperative can receive the value of the share within after the end of the financial year. A member of the Cooperative who has fully paid a share contribution can, at his will, remain in the Cooperative or leave its membership at any time.

5.8. A member of the Cooperative may be expelled from the Cooperative on the basis of a decision of the general meeting, provided:

  • failure to fulfill the obligations established by the Charter or the general meeting of the Cooperative;
  • violations of the Charter, the rules for the maintenance of the garage, provided to him for use;
  • causing by their actions damage to the property of the Cooperative, its activities and reputation.
A member of the Cooperative excluded from the Cooperative is deprived of the right to use the garage. A member of the Cooperative who leaves or is expelled from the Cooperative is paid the cost of his share contribution and cooperative payments in the amount, within the terms and on the conditions that are provided for by the charter of the Cooperative at the time a member of the Cooperative joins it.

5.9. The excluded member of the cooperative must be notified in writing no later than before the date of the general meeting of the members of the cooperative and has the right to provide the said meeting with his explanations. The amount of the share contribution made by such a member is reimbursed by the Cooperative to the member within a period without interest or any penalties. The decision on exclusion from the cooperative can be appealed in court. The presence of a member of the cooperative in debt cannot serve as a basis for refusing to exercise his right to withdraw from the cooperative. If the former member of the cooperative refuses to pay the debt voluntarily, the cooperative has the right to collect it in the manner prescribed by law.

5.10. In the event of the death of a member of the Cooperative, his share goes to his heirs, and they become members of the Cooperative after the registration of the relevant documents. The heirs who refuse to participate in the Cooperative are paid the value of the share.

5.11. The labor relations of the members of the cooperative are governed by this Charter, federal laws, and hired workers - Labor Code Russian Federation. The general meeting of the members of the Cooperative determines the forms and systems of remuneration for the members of the cooperative and its employees. Remuneration for labor can be made in cash and (or) in kind based on the provision on remuneration developed by the general meeting and (or) the Board of the Cooperative.

5.12. The general meeting establishes the types of disciplinary liability for members of the Cooperative. Disciplinary action, including dismissal, may be imposed on the chairman of the cooperative, members of the board of the cooperative and members of the audit commission (auditor) of the cooperative only by the decision of the general meeting of the members of the cooperative, and on other officials of the cooperative - by the Board of the cooperative.

5.13. Members of the cooperative who take personal labor participation in its activities are subject to social and compulsory health insurance and social security on a par with the hired workers of the cooperative. The time of work in the cooperative is included in the length of service. The main document on the labor activity of a member of the cooperative is the work book.

5.14. For pregnant women, in accordance with a medical report, production rates, service standards are reduced, or they are transferred to another job, lighter, excluding the impact of adverse production factors, while maintaining the average earnings from the previous job. Pregnant women and citizens with children are granted maternity leave and childcare leave, as well as benefits provided for by the Labor Code of the Russian Federation and other legislation. By a decision of the general meeting, additional paid holidays may be established for such citizens.

5.15. For members of the cooperative under the age of eighteen, who take personal labor participation in its work, a shorter working day and other benefits provided for by the Labor Code of the Russian Federation are established.

5.16. The board of the cooperative enters into a collective agreement with the employees of the cooperative.

6. REORGANIZATION AND LIQUIDATION OF THE COOPERATIVE

6.1. The reorganization of the Cooperative is carried out by decision of the general meeting and other grounds provided for by the legislation of the Russian Federation.

6.2. To carry out the reorganization by a decision of the general meeting, a reorganization commission is created from among the members of the Cooperative, which develops a reorganization plan, draws up a separation balance sheet and submits these documents for approval to the general meeting. By the unanimous decision of all members of the Cooperative, the Cooperative may be transformed into business partnership or society.

6.3. Liquidation of the Cooperative is possible:

  • by decision of the general meeting of members of the Cooperative;
  • By the tribunal's decision.

6.3.1. The general meeting of the Cooperative appoints in agreement with the body that carries out state registration legal entities, the liquidation commission and determines, in accordance with the legislation, the procedure and terms for its liquidation.

6.3.2. From the moment of appointment liquidation commission powers to manage the affairs of the Cooperative are transferred to her.

6.3.3. The liquidation commission notifies everyone through the press stakeholders on the liquidation of the Cooperative and determines the terms during which creditors can present their claims to the liquidation commission.

6.3.4. The Liquidation Commission accepts and verifies all submitted claims of creditors, identifies receivables, and consolidates the property of the Cooperative.

6.3.5. After satisfying all the recognized claims of creditors in the order established by law, the remaining part of the property of the Cooperative is distributed among the members of the Cooperative in accordance with the size of their share contributions.

6.3.6. The liquidation of the Cooperative is considered complete, and the Cooperative is liquidated after the entry of the liquidation is made in the Unified State Register of Legal Entities.

7. ACCOUNTING AND REPORTING OF THE COOPERATIVE

7.1. The cooperative maintains operational, statistical and accounting records in accordance with the legislation of the Russian Federation.

7.2. Independent audit organization carries out an audit of the financial activities of the Cooperative and submits to the general meeting an opinion on the results of the audit.

7.3. The Cooperative keeps records and stores all documentation to be stored in accordance with the legislation of the Russian Federation.

garage cooperative

1. GENERAL PROVISIONS

1.1.1. The founders of the Cooperative are:.

1.2. Location of the Cooperative:. The Chairman of the Cooperative is located at this address.

1.3. The cooperative is a non-profit organization created as a voluntary association of citizens and legal entities on the basis of membership in the form of a specialized consumer cooperative - a garage cooperative - with the aim of meeting the needs for garages.

1.4. The full name of the Cooperative in Russian: Garage Cooperative "". Abbreviated name: GK "".

1.5. The cooperative is created for an unlimited period of time.

1.6. The activities of the Cooperative are not limited to the territory of the city. The Cooperative's activities are based on the principles of voluntariness, mutual property assistance, self-sufficiency and self-government.

1.7. The cooperative is a legal entity from the moment of state registration, has an independent balance sheet, settlement and other bank accounts, a seal with its name in Russian, a corner stamp, letterheads and other details.

1.8. The cooperative can, on its own behalf, make any transactions that do not contradict the legislation and this Charter, acquire property and non-property rights, bear obligations, represent the common interests of the members of the Cooperative in state bodies and local self-government bodies.

1.9. The cooperative is responsible for its debts with all property belonging to it. The Cooperative is not responsible for the obligations of its members, and the members of the Cooperative jointly bear subsidiary liability for its obligations within the unpaid part of the additional contribution of each of the members of the Cooperative.

1.10. The cooperative in its activities is guided by the Civil Code of the Russian Federation, other current legislation and this Charter.

2. OBJECTIVES OF THE COOPERATIVE

2.1. The cooperative was created to meet the needs of citizens and legal entities in the acquisition and construction of garages using its own and borrowed funds.

2.2. The main activities of the Cooperative are:

  • storage financial resources and material resources of the members of the Cooperative;
  • payment at the expense of the members of the Cooperative of the value declared by them for the construction or acquisition of garages through the Cooperative within the time frame and on the terms determined by the agreement between the Cooperative and each of its members;
  • placing real estate objects purchased for a member of the Cooperative on the balance of the Cooperative and finding them on the balance sheet until this member of the Cooperative pays the full value of the specified garages to the Cooperative;
  • transfer of the garage purchased for a member of the Cooperative and the garage fully paid by him to the ownership of the member of the Cooperative;
  • transfer of the garage purchased for a member of the Cooperative and not fully paid by him to the ownership of a member of the Cooperative, provided the necessary guarantees are provided;
  • if necessary - registration between the Cooperative and its member of a pledge or guarantee agreement for providing a member of the Cooperative with a garage or funds for its purchase;
  • provision by the Cooperative to its members of the necessary guarantees for obtaining loans, purchasing securities, and other property;
  • participation in equity investment in the construction of garages at the expense of the share contributions of its members;
  • other types of activities that the Cooperative is entitled to carry out in accordance with the current legislation of the Russian Federation.
If certain types activities in accordance with the current legislation of the Russian Federation are licensed, the Cooperative has the right to carry out given view activities only after obtaining the appropriate license.

2.3. To achieve the goals determined by the Charter, the Cooperative has the right to:

  • conclude agreements on equity investment for the construction of garages, as well as all other structures that make up the garage complex;
  • purchase the necessary equipment;
  • conclude contracts for the development of design estimates;
  • acquire ownership or rent the necessary inventory, units and technical equipment;
  • use bank loans with the consent of the General Meeting of Members of the Cooperative;
  • organize your own service for the protection, cleaning, landscaping of the garage complex, its repair and maintenance;
  • conclude contracts for the provision of services;
  • carry out entrepreneurial activities in accordance with the goals of the Cooperative;
  • lease land plots and carry out, in accordance with the procedure established by the legislation of the Russian Federation, the construction of garages, other objects of modern social infrastructure at the expense of their own and borrowed funds;
  • to carry out, in the manner prescribed by law, investment in the construction of garages, other objects of modern social infrastructure at the expense of their own and borrowed funds;
  • attract legal entities and individuals as investors on mutually beneficial terms for the construction and investment of construction of garages and other modern social infrastructure facilities;
  • purchase from the state, municipalities, individuals and legal entities goods necessary for their activities;
  • use in their activities the property of members of the Cooperative, the state, municipalities, individuals and legal entities on a reimbursable and gratuitous basis;
  • receive on a contractual basis loans and credits from the state, municipalities, individuals and legal entities;
  • sell and transfer to the state, municipalities, individuals and legal entities, goods and other property on a reimbursable and gratuitous basis, provide services, perform work;
  • write off the main and revolving funds in the event of their material or moral obsolescence;
  • create other non-profit organizations and join associations and unions;
  • carry out other activities consistent with the goals of the Cooperative.

3. PROPERTY OF THE COOPERATIVE

3.1. The cooperative acquires ownership of the property transferred to it by its members as a share contribution.

3.2. Members of the Cooperative can pay their share contributions not only in cash, but also with various property.

3.3. The property of the Cooperative is formed by:

  • entrance and membership contributions, targeted, additional and other contributions of members of the Cooperative;
  • voluntary property contributions and donations;
  • income from business activities;
  • income from the use of the property of the Cooperative;
  • dividends (income, interest) received on shares, bonds and other securities;
  • other receipts not prohibited by the legislation of the Russian Federation.

3.4. The general meeting of members forms, on the basis of the property belonging to him, the funds of the Cooperative:

  • a mutual fund, which is formed at the expense of share contributions and share loans of members of the Cooperative and is used to purchase real estate and other property for the members of the Cooperative, pay dividends to the members of the Cooperative and provide them with loans;
  • the reserve fund, which is formed by the decision of the General Meeting at the expense of the reserve contributions of the members of the Cooperative; the purpose of the fund is to cover the losses of the Cooperative in the event that the members of the Cooperative do not contribute their shares;
  • the indivisible fund, which is formed from the entrance and membership fees of all members of the Cooperative, is used to maintain the apparatus of the Cooperative and is not subject to distribution among the members of the Cooperative under any circumstances;
  • the surety fund, which is formed from share guarantee contributions, is intended to cover the costs of the Cooperative under the surety.

3.5. A member of the Cooperative is obliged to pay at least ten percent of the share contribution by the time of state registration of the Cooperative. The rest of the share contribution is made within a year after the state registration of the Cooperative. The share contribution of a member of the Cooperative can be money, securities, other property, including property rights, as well as other objects of civil rights. Land plots and other natural resources can be a share contribution to the extent that their turnover is allowed by the laws on land and natural resources.

  • when the Cooperative is formed by mutual agreement of the members of the Cooperative on the basis of prices prevailing in the market;
  • when new members join the Cooperative by the Auditing Commission of the Cooperative. New members of the Cooperative pay a share contribution within days from the date of the decision by the General Meeting of Members on admission to membership in the Cooperative.
An assessment of a share contribution in excess of two hundred and fifty minimum wages established by federal law must be made by an independent appraiser.

3.6. Membership fees are paid monthly and are used to cover the costs of ongoing activities. Membership dues can be paid for the entire quarter until the day of the month following the quarter for which the dues are paid.

3.7. If a member of the Cooperative has not paid the share or membership fee within the prescribed period, then for each day of delay in payment he must pay a penalty in the amount of% of the amount owed, but not more than the size of the share or membership fee. The interest is used for the same purposes as the respective contributions.

3.8. The size of the share and membership fees are determined by the General Meeting of the members of the Cooperative.

3.9. If, after the approval of the annual balance sheet, the Cooperative incurs losses, the members of the Cooperative are obliged to cover the resulting losses by additional contributions in the amount and within the time limits established by the General Meeting. Responsibility for failure to fulfill the obligation to pay additional contributions on time is similar to the liability measures provided for in clause 3.6 of this Charter. In case of failure to fulfill this obligation, the Cooperative may be liquidated in court at the request of creditors.

3.10. Membership dues are paid and used for the costs of ongoing activities. Membership dues can be paid for the entire quarter until the day of the month following the quarter for which the dues are paid. If membership fee not paid by a member of the Cooperative after this period, the consequences specified in clause 3.6 of this Charter occur.

3.11. The decision on making targeted contributions, if necessary, is made by the General Meeting of Members and determines the amount and timing of their payment.

3.11. The income received by the consumer Cooperative from entrepreneurial activities carried out by the Cooperative in accordance with the law and the charter is distributed among its members.

3.12. The received profit of the Cooperative is distributed among its members in accordance with their personal labor and (or) other participation, the size of the share contribution, and between the members of the Cooperative who do not take personal labor participation in the activities of the Cooperative, in accordance with the size of their share contribution. Part of the profits of the Cooperative is distributed among its employees by decision of the General Meeting of the members of the Cooperative. The procedure for distribution of profits is provided for by the General Meeting.

3.13. Part of the Cooperative's profit remaining after taxes and other mandatory payments, as well as after the profit is directed for other purposes determined by the General Meeting of the Cooperative members, is subject to distribution among the members of the Cooperative. Part of the profit of the Cooperative, distributed among the members of the Cooperative in proportion to the size of their share contributions, must not exceed fifty percent of the profits of the Cooperative to be distributed among the members of the Cooperative.

4. MANAGEMENT BODIES OF THE COOPERATIVE. AUDITOR

4.1. The governing bodies of the Cooperative are:

  • General meeting of members of the Cooperative;
  • The Board of the Cooperative;
  • Chairman of the Cooperative;
  • Auditor.

4.2. The next General Meeting of the Cooperative is convened by the Board at least once a year by written notification to all members of the Cooperative.

4.2.1. The general meeting has the right to make decisions if more than% of the members of the Cooperative are present at the meeting. To make decisions on issues related to liquidation or reorganization, the presence of all members of the Cooperative is required.

4.2.2. The general meeting is the supreme governing body of the Cooperative and has the right to make decisions on any issues of the Cooperative's activities, incl. within the competence of other bodies, and also has the right to cancel decisions of the Management Board. The exclusive competence of the General Meeting includes:

  • approval of the Charter of the Cooperative;
  • making changes and additions to the Charter of the Cooperative;
  • making a decision on the opening of representative offices, branches, participation in business companies Oh, non-profit organizations, the creation of business societies, cooperatives, non-profit organizations;
  • election of the Auditor, members of the Board of the Cooperative and the Chairman of the Cooperative;
  • approval of the reports of the Management Board and the Auditor;
  • resolving the issue of liquidating the Cooperative, approving its liquidation balance sheet, deciding on the reorganization of the Cooperative, approving the reorganization plan;
  • determination of the main directions of the Cooperative's activities;
  • making a decision on the alienation of the real estate of the Cooperative;
  • making a decision to conclude a transaction for an amount in excess of the minimum wages established by law;
  • making decisions on a loan for an amount in excess of the minimum wages established by law;
  • determination of the maximum amount of the loan provided by the Cooperative to its member, and the terms of such lending.

4.2.3. Each member of the Cooperative has one vote, regardless of the size of the share contribution. Decisions on the issues listed in clause 4.2.2 (except for the issue of liquidation or reorganization) are made by a majority vote of all members of the Cooperative present at the General Meeting of the Cooperative. Decisions on reorganization and liquidation are made unanimously by all members of the Cooperative.

4.2.4. Written notification of the convocation of the General Meeting is handed to the members of the Cooperative against receipt or sent by mail by registered mail days before the expected date of the General Meeting, indicating the place, date, time of the meeting and attaching the agenda of the General Meeting.

4.2.5. The procedure for holding and making decisions by the General Meeting is established by the rules of the General Meeting (or the Regulations on the General Meeting), developed and approved at the first General Meeting.

4.2.6. Extraordinary General Meetings may be convened to discuss urgent issues. Extraordinary General Meetings can be convened at the request of at least the members of the Cooperative, the Auditor, by decision of the Board and the Chairman of the Cooperative.

4.2.7. The decisions of the General Meeting are recorded in the minutes of the meeting, signed by the chairman and secretary of the meeting.

4.2.8. The decisions of the General Meeting are binding on all members of the Cooperative and its bodies.

4.3. The Board of the Cooperative is a collegial executive body elected from among the members of the Cooperative for a period of time, managing the Cooperative in the period between General Meetings. Meetings of the Management Board are held at least frequently. The work of the Management Board is directed by the Chairman of the Management Board. The Management Board in its activities is guided by the Regulations on the Management Board, approved by the General Meeting.

4.3.1. A meeting of the Management Board is legally competent if it is attended by members of the Management Board. Decisions are made by votes of the members of the Management Board. The decisions of the Management Board are drawn up in minutes, which are signed by the Chairman of the Management Board and the Secretary.

4.3.2. The Board of the Cooperative exercises the following powers:

  • decides questions about admission to members of the Cooperative and exclusion from it;
  • determines the amount of entrance, share, additional, membership and other fees and sets the terms for their payment;
  • decides on the introduction targeted contribution, approves the size and terms of making and the direction of their use;
  • approves the procedure for covering losses of the Cooperative;
  • plans the economic and financial activities of the Cooperative;
  • decides on the creation of branches of the Cooperative;
  • decides the issue of providing a loan to a member of the Cooperative;
  • approves the cost estimate and staffing table of the Cooperative apparatus;
  • manages the current activities of the Cooperative, with the exception of issues referred by the Charter to the competence of other bodies of the Cooperative;
  • is the main manager of loans and controls the correct spending of funds by the Cooperative;
  • convenes the General Meeting, prepares documents for the meeting;
  • approves and provides the General Meeting with work plans for the implementation of the statutory activities of the Cooperative, controls the implementation of decisions made;
  • considers proposals and applications of members of the Cooperative;
  • approves internal documents Cooperative, with the exception of documents, the approval of which is attributed to the competence of the General Meeting;
  • approves and amends the Regulation on the procedure for payment of share and other payments by members of the Cooperative and the provision of residential premises and other objects of modern social infrastructure to them, the Regulation on the Inspector of the Cooperative, the Regulation on mutual lending, the Regulation on mutual insurance, as well as other Regulations, the need for approval of which follows from the Charter of the Cooperative;
  • represents the Cooperative in government and management bodies, as well as in relations with legal entities and individuals;
  • organizes the implementation of decisions of the General Meeting;
  • prepares and submits a report on the work of the Management Board to the General Meeting;
  • defines a list of information constituting trade secret Cooperative;
  • concludes contracts for the implementation of entrepreneurial activities by the Cooperative.

4.3.3. The Chairman of the Cooperative is the head of the Board of the Cooperative and carries out the following actions:

  • acts on behalf of the Cooperative without a power of attorney, signs financial documents, accepts obligations, opens and closes the Cooperative's bank accounts, issues powers of attorney;
  • issues orders, orders, mandatory for the staff of the Cooperative;
  • hires and dismisses full-time employees;
  • approves the staffing table, wage fund, reserve and other funds, as well as the size of the official salaries of the full-time employees of the Cooperative;
  • disposes of the property of the Cooperative in accordance with the general procedure and directions determined by the General Meeting and the Board;
  • concludes contracts on behalf of the Cooperative.

4.4. To control the activities of the Cooperative, the General Meeting elects the Auditor for a period of.

4.4.1. The audit of the financial and economic activities of the Cooperative is carried out based on the results of the activities of the Cooperative for the year, as well as at the initiative of the Auditor, the decision of the General Meeting of the members of the Cooperative or at the request of at least the members of the Cooperative.

4.4.2. At the request of the Auditor, persons holding positions in the management bodies of the Cooperative are required to submit documents on the financial and economic activities of the Cooperative.

4.4.3. The auditor has the right to demand the convocation of an extraordinary General meeting of the members of the Cooperative.

4.4.4. The auditor cannot simultaneously hold positions in other governing bodies of the Cooperative.

5. MEMBERSHIP. RIGHTS AND OBLIGATIONS OF MEMBERS OF THE COOPERATIVE

5.1. Members of the Cooperative can be citizens who have reached the age of 16 and legal entities. Members of the Cooperative may be its founders and persons subsequently admitted to the Cooperative in accordance with the procedure provided for by this Charter.

5.2. Citizens or legal entities wishing to become members of the Cooperative submit an application in writing for admission to membership in the Cooperative addressed to the Chairman of the Cooperative, in which they indicate their passport data, for legal entities - bank details and name.

5.3. Admission to members of the Cooperative is possible by decision of the Chairman of the Cooperative, or by decision of the Board of the Cooperative, or by decision of the General Meeting of Members of the Cooperative.

5.4. After the Board of the Cooperative makes a decision on admitting a member of the Cooperative and setting a deadline for paying the shares of the applicant, he must, within days from the date of the decision, pay the entrance fee and part of the share established by the Board of the Cooperative. The applicant becomes a member of the Cooperative only after paying the entrance fee and part of the share fee. In the event of a delay in the payment of the named contributions, the applicant pays a penalty in the amount of% of the amount owed for each day of delay. If the delay exceeds days, then the decision of the Board of the Cooperative on admission to membership in the Cooperative becomes invalid, and the admission becomes invalid. The funds received from the applicant as an entrance fee and partial payment of the share contribution are returned to him.

5.5. A member of the Cooperative is obliged:

  • comply with the provisions of the Charter, decisions of the General Meeting, the Board of the Cooperative and the Auditor;
  • comply with state technical, fire safety, sanitary norms and rules for maintaining a garage;
  • timely and in full pay the fees established by the Charter and the General Meeting;
  • bear the burden of the costs of maintaining, repairing a garage owned by a member of the Cooperative;
  • timely pay all taxes and fees established by the state on real estate;
  • participate in the improvement of the territory of the garage complex;
  • participate in the costs of maintenance, repair and operation of common property;
  • inform the Board of the Cooperative about the alleged alienation of their garage;
  • observe the rules for using the garage, approved by the General Meeting;
  • participate in general events held by the Cooperative;
  • take good care of the property of the Cooperative, do not harm it, use it for its intended purpose.

5.6. A member of the Cooperative has the right:

  • participate in the management of the Cooperative;
  • receive loans from the Cooperative and its members to pay for their shares;
  • provide loans to the Cooperative and its members to achieve statutory goals;
  • conclude an agreement with the Board of the Cooperative on the use of engineering networks and common property of the Cooperative for a reasonable fee upon leaving the members of the Cooperative;
  • receive any information about the activities of the Cooperative;
  • get access to and get acquainted with the reports of the Management Board, the Auditor, the conclusions of the independent auditor and other financial documents;
  • alienate your garage and share in common property;
  • use, as a matter of priority, the equipment and equipment of the garage complex;
  • use the funds of other members of the Cooperative and the funds of the Cooperative on the terms and in the manner determined by the Regulations on Mutual Lending in the Cooperative, to meet material needs, including for the purchase, construction and repair of a garage;
  • use the services of the mutual insurance system on the conditions and in the manner determined by the Regulation on mutual insurance in the Cooperative;
  • take part in the activities of the General Meeting of the Cooperative with the right of one casting vote;
  • receive part of the property of the Cooperative, except for its indivisible fund, after its liquidation;
  • carry out other actions not prohibited by the legislation of the Russian Federation.

5.7. A member of the Cooperative has the right to leave the Cooperative at any time. An application for withdrawal from the Cooperative is submitted by its member to the Chairman of the Cooperative no later than two weeks before the withdrawal. Each member of the Cooperative has the right to receive the value of the share upon leaving the Cooperative. In this case, the cost of a share can be paid to a member of the Cooperative in cash or property, including real estate. A person who has left the Cooperative can receive the value of the share within after the end of the financial year. A member of the Cooperative who has fully paid a share contribution can, at his will, remain in the Cooperative or leave its membership at any time.

5.8. A member of the Cooperative can be expelled from the Cooperative based on the decision of the General Meeting, provided:

  • failure to fulfill the obligations established by the Charter or the General Meeting of the Cooperative;
  • violations of the Charter, the rules for the maintenance of the garage, provided to him for use;
  • causing by their actions damage to the property of the Cooperative, its activities and reputation.
A member of the Cooperative expelled from the Cooperative is deprived of the right to use the garage. A member of the Cooperative who leaves or is expelled from the Cooperative is paid the cost of his share contribution and Cooperative payments in the amount, at the time and on the conditions that are provided for by the Charter of the Cooperative at the time a member of the Cooperative joins it.

5.9. The excluded member of the Cooperative must be notified in writing no later than days before the date of the General Meeting of the members of the Cooperative and has the right to provide the said meeting with his explanations. The amount of the share contribution made by such a member is reimbursed by the Cooperative to the member within a period without interest or any penalties. The decision to expel from the Cooperative can be appealed to the court. The presence of a member of the Cooperative in debt cannot serve as a basis for refusing to exercise his right to withdraw from the Cooperative. If the former member of the Cooperative refuses to pay the debt voluntarily, the Cooperative has the right to collect it in the manner prescribed by law.

5.10. In the event of the death of a member of the Cooperative, his share goes to his heirs, and they become members of the Cooperative after the registration of the relevant documents. The heirs who refuse to participate in the Cooperative are paid the value of the share.

5.11. The labor relations of the members of the Cooperative are governed by this Charter, federal laws, and employees - by the Labor Code of the Russian Federation. The general meeting of the members of the Cooperative determines the forms and systems of remuneration for the members of the Cooperative and its employees. Remuneration for labor can be made in cash and (or) in kind based on the provision on remuneration developed by the General Meeting and (or) the Board of the Cooperative.

5.12. The general meeting establishes the types of disciplinary liability for members of the Cooperative. Disciplinary penalties, including dismissal from office, can be imposed on the Chairman of the Cooperative, members of the Board of the Cooperative and members of the Audit Commission (auditor) of the Cooperative only by the decision of the General Meeting of the members of the Cooperative, and on its other officials - by the Board of the Cooperative.

5.13. Members of the Cooperative who take personal labor participation in its activities are subject to social and compulsory health insurance and social security on an equal basis with the employees of the Cooperative. Working hours in the Cooperative are included in the length of service. The main document on the labor activity of a member of the Cooperative is the work book.

5.14. For pregnant women, in accordance with a medical report, production rates, service standards are reduced, or they are transferred to another job, lighter, excluding the impact of adverse production factors, while maintaining the average earnings from the previous job. Pregnant women and citizens with children are granted maternity leave and childcare leave, as well as benefits provided for by the Labor Code of the Russian Federation and other legislation. By the decision of the General Meeting, additional paid holidays may be established for such citizens.

5.15. For members of the Cooperative under the age of eighteen, who take personal labor participation in its work, a shorter working day and other benefits provided for by the Labor Code of the Russian Federation are established.

5.16. The Board of the Cooperative concludes a collective agreement with the employees of the Cooperative.

6. ACCOUNTING AND REPORTING OF THE COOPERATIVE

6.1. The cooperative maintains operational, statistical and accounting records in accordance with the legislation of the Russian Federation.

6.2. An independent auditing organization checks the financial activities of the Cooperative and submits to the General Meeting an opinion on the results of the audit.

6.3. The Cooperative keeps records and stores all documentation to be stored in accordance with the legislation of the Russian Federation.

7. PROCEDURE FOR IMPLEMENTATION OF GUARANTEE AND ATTRACTING BORROWED FUNDS IN A COOPERATIVE

7.1. If a member of the Cooperative does not have sufficient funds to deposit a share, the Cooperative has the right, by decision of the Board of the Cooperative, to provide such a member with a loan secured by real estate or if there is a guarantee from another member of the Cooperative. At the same time, it is mandatory to conclude a loan agreement between a member of the Cooperative and the Cooperative represented by the Chairman. The procedure for granting a loan is governed by the loan agreement, this Charter and the current legislation of the Russian Federation.

8. REORGANIZATION AND LIQUIDATION OF THE COOPERATIVE

8.1. The reorganization of the Cooperative (merger, affiliation, division, separation, transformation) is carried out by the decision of the General Meeting adopted unanimously by all members of the Cooperative, and on other grounds provided for by the legislation of the Russian Federation.

8.2. To carry out the reorganization by decision of the General Meeting, a reorganization commission is created from among the members of the Cooperative, which develops a reorganization plan, draws up a separation balance sheet and submits these documents for approval to the General Meeting. By unanimous decision of all members of the Cooperative, the Cooperative can be transformed into a business partnership or society.

8.3. Liquidation of the Cooperative is possible:

  • by decision of the General Meeting;
  • By the tribunal's decision.
8.3.1. The general meeting of the Cooperative or the body that made the decision on its liquidation shall appoint, in agreement with the body that carries out the state registration of legal entities, a liquidation commission and determines, in accordance with the legislation of the Russian Federation, the procedure and terms for its liquidation.

8.3.2. From the moment the liquidation commission is appointed, the powers to manage the affairs of the Cooperative are transferred to it.

8.3.3. The liquidation commission, through the press, notifies all interested parties about the liquidation of the Cooperative and determines the terms during which creditors can present their claims to the liquidation commission.

8.3.4. The Liquidation Commission accepts and carefully checks all the submitted claims of creditors, identifies receivables, and consolidates the property of the Cooperative.

8.3.5. After satisfying all the recognized claims of creditors in the order established by the legislation of the Russian Federation, the remaining part of the property of the Cooperative, with the exception of the property of the indivisible fund, is distributed among the members of the Cooperative, if it is possible to divide this property.

8.3.6. If the property of common use cannot be divided, then with the consent of all members of the Cooperative, it is sold at a public auction, and the amount received from the sale of property is distributed among the members of the Cooperative in proportion to their share contributions. If the members of the Cooperative refuse to sell, the part of the common property remaining after the satisfaction of the creditors' claims remains in the shared ownership of the members of the Cooperative. The share of each member of the Cooperative is equal to the size of his share contribution.

8.3.7. The property of the indivisible foundation is transferred to an organization with similar purposes or charitable organization by decision of the liquidation commission based on the provisions of the Charter.

8.3.8. The liquidation of the Cooperative is considered complete, and the Cooperative is liquidated after the entry of the liquidation is made in the Unified State Register of Legal Entities.