Benefits of production cooperatives. Business opportunities through a production cooperative. The main features of such a cooperative

A production cooperative (artel) is a voluntary association of citizens on the basis of membership for joint production or economic activities based on their personal labor and other participation and the consolidation of property shares by its members (participants).

Art. 107 of the Civil Code of the Russian Federation

The production cooperatives existing in our country in their essence and organizational and legal basis are actually close to limited liability companies. Indeed, the property of cooperatives is formed on a share basis, at the expense of contributions of its members, made in monetary and material forms. The sources of the formation of property are also the products of the cooperative and the income received from its sale and other types of activities. The supreme governing body of the cooperative is the general meeting.

The executive bodies are represented by the board headed by the chairman. The managerial functions of the general meeting and board in cooperatives and societies are very similar, the mechanism for creating and registering cooperatives and societies, the content of the statutes regulating their activities are also similar.

Production cooperatives are created for joint production, processing, marketing of industrial, agricultural and other products, trade, and the provision of services.

The words "production cooperative" or "artel" should be included in the corporate name of the cooperative.

The constituent document of a production cooperative is the charter approved by the general meeting of its members. The number of members of the cooperative must not be less than five people. The property owned by a production cooperative is divided into shares of its members. The profit of the cooperative is distributed among its members in accordance with their labor participation, unless a different procedure is provided for by law and the charter of the cooperative. The property remaining after the liquidation of the cooperative and the satisfaction of the claims of its creditors is also distributed.

The supreme governing body of the cooperative is the general meeting of its members. A member of the cooperative has one vote when making decisions by the general meeting. He has the right to leave the cooperative at his own discretion. In this case, he must be paid the value of the share or issued property corresponding to his share, as well as other payments provided for by the charter of this organization.

A production cooperative may be voluntarily reorganized into a business partnership or society by the unanimous decision of its members, or liquidated. A production cooperative differs both from partnerships and from societies:

· Based on a voluntary association of individuals - citizens who are not individual entrepreneurs, but participate in the activities of the cooperative by their own labor. Accordingly, each member of the cooperative has one vote in the management of his affairs, regardless of the size of his property contribution;

· The profit received in the cooperative is distributed, first of all, taking into account labor participation, and not the property contribution (share). That is why the production cooperative is characterized in the Civil Code of the Russian Federation as an artel.

The Civil Code of the Russian Federation has supplemented the classic structure of a cooperative-artel with important provisions:

ü members of the cooperative bear additional responsibility for its debts, although not with all of their property, but in the amount predetermined by the charter (this, to some extent, brings it closer to the society with additional responsibility). Usually this amount is a multiple of the share or share participation of a member of the cooperative, but cannot be lower than the minimum prescribed by law;

ü membership in a cooperative is possible for both legal entities and individuals who are not directly involved in its activities, but make certain property contributions (and, accordingly, receive a certain income from them).

The Civil Code of the Russian Federation provides for a mandatory minimum of members of a cooperative - at least five, because, unlike societies, a cooperative cannot function as a “company of one person”. The cooperative has the possibility of creating indivisible funds (or fund), the property of which can be divided between its members only in the event of liquidation of the cooperative after the claims of all its creditors have been satisfied. The collection of creditors for the personal debts of the members of the cooperative cannot be levied on this property.

An important feature of the cooperative is that, taking into account labor participation, not only profit is usually divided here, but also the liquidation quota.

The advantages of a production cooperative:

· The profit of the cooperative is distributed among its members not in proportion to the shares, but in accordance with their labor contribution. The property remaining after the liquidation of the cooperative and the satisfaction of the claims of its creditors is distributed in the same manner. This distribution order materially motivates each member of the cooperative to treat their work more conscientiously;

· The legislation does not limit the number of members of the cooperative, which provides great opportunities for individuals to join it;

· Equal rights of all members in the management of the cooperative, since each of them has only one vote.

Disadvantages of a production cooperative:

ü due to the fact that the number of members in a cooperative should not be less than five, the possibilities of its creation are significantly limited;

ü each member of the cooperative bears limited subsidiary liability for the debts of the cooperative.

The most popular types of legal entities are limited liability companies, JSCs and cooperatives. Let's consider their pros and cons.

Limited liability companies

LLC is a legal entity that was created for the purpose of generating income for all members of such a business venture. In fact, this is the unification of participants and the attraction of their capital for a common cause. Today LLC is considered the simplest form of business organization.

The liability for the property of the company does not affect the liability for the property of its participants.
An LLC can carry out many types of licensed activities, in contrast to private entrepreneurs.
Such a business is highly liquid due to the fact that in which case it can be re-registered by selling part of the authorized capital. When the permits concern the LLC, they will be valid after the sale of the company to the new owners.

Minuses:

To formalize the sale or transfer of your part of the authorized capital of the company, you need to register the changes in accordance with the procedure established by the state.
The laws are strict on legal entities in terms of offenses, since a legal entity acts as a qualified participant in civil circulation.

These legal entities exist in two versions. Public and non-public type. The difference between the two is how the companies' shares will be placed on the secondary securities markets. JSC is a legal entity that can unite individuals and legal entities to mobilize their capital. In non-public societies, all shares will revolve only in a certain circle of persons. Public joint stock companies can distribute securities without the consent of its members.

Pros of JSC:

As a legal entity, companies can carry out almost all types of licensed activities.
Highly liquid type of activity, its re-registration is possible. State registration for the purchase of a joint-stock company is not required, which greatly simplifies the entire procedure for its transfer to new shareholders.
There is no need for special accounting when buying and selling individual shares of the company.

Minuses:

You need state registration when opening such a legal entity, plus a separate registration when issuing shares.
The legislation severely persecutes lawbreakers in the person of joint-stock companies, since they will also be participants in civil circulation.

Production cooperatives

The production cooperative acts as a legal entity. This is the unification of its participants for the production of material values and resources. A huge plus of such an association is that a firm or an individual will be directly involved in all cooperative affairs, that is, have a real impact on the situation. Taking into account the democratic principle in management, this has a good effect on the relationship between the work collective and the leadership.

Advantages:

Production cooperatives carry out many licensed activities.
They have tax and other benefits for certain types of activities.

Disadvantages:

If someone wants to leave or join the members of the cooperative, this requires the allocation of a share (property contribution), also such an action must be registered in a certain way.
It is rather difficult to transfer such a business, since the input and output of participants must be registered with the state.
Provides joint liability of all participants if the cooperative has debts.

Basic principles.

A production cooperative is a voluntary association of citizens (membership) to carry out joint economic activities. The production cooperative operates on the basis of the Charter, which fully regulates its activities. As a rule, all members of this organization, to one degree or another, participate in its activities (by personal labor, financing, providing transport or material resources). A general meeting of shareholders is held periodically, in which all its members take part. Each member of such an association has one vote when making a decision.

In addition, all members of the organization regularly contribute which form a mutual fund. If, for any reason, the property of the cooperative organization is not enough to compensate for its debts, its members must reimburse the missing monetary part at their own expense. In a word, all members of this association bear their debts, which is necessarily spelled out in its charter.

2. Production cooperative: pros and cons.

Like all economic enterprises, a production cooperative has its own. Compare a production cooperative and a bank that provides a loan for the purchase of housing. The most important advantage of a cooperative is the principle of “one for all and all for one”. Unscrupulous shareholders do not stay in it for a long time, and for the rest of the organization, a minimum package of documents will be enough.

As a rule, you will also need the main document of a citizen of the Russian Federation: a passport. When receiving a home loan, the bank will ask for a much larger package of documents. But: for a bank, 15-20% of the total cost of the purchased housing is enough, for a cooperative association, the percentage will be much higher - at least half the cost.

In addition, each shareholder contributes a certain amount when joining a cooperative organization, which is 2-5% of the estimated cost of housing, which will not be returned if the shareholder leaves it for any reason. The term for accumulating this initial payment is from 2 years, that is, it is not a fact that by paying it, you will immediately mark a housewarming in a new apartment.

An undoubted plus is the fact that each member of the cooperative association is well aware of the real state of affairs and participates in decision-making. A cooperative may have a certain number of shareholders who are not directly involved in the activities of the cooperative enterprise. Management, of course, is only democratic.

When you conclude an agreement with a bank for the purchase of housing on a mortgage, you register your home with minor restrictions, but when you join a cooperative, the housing will be in its ownership until you pay the full cost of the apartment. But when leaving the cooperative, its full member can demand his share or property corresponding to him, since all cooperative property must be divided into a decision must have state registration).

It is very difficult, if not impossible to say, if necessary, to reassign the business, since it will be necessary to withdraw old members and introduce new participants. And each transition will require mandatory state registration.

A production cooperative as a form of non-profit organization has several distinct advantages and several significant disadvantages. Each person must decide for himself individually the question of membership in such an organization.

A production cooperative is in fact a commercial organization created by shareholders to conduct joint activities. The activities of the cooperative are regulated by the Charter adopted by the general meeting. All members of the cooperative take part in its activities, which is manifested by labor participation, provision of transport, financing or the introduction of material resources. Members of the cooperative decide all issues at meetings of shareholders, each is given one vote to make decisions.

Who can be the founder of the cooperative

The founders of a cooperative can be several people who have decided to create it on a share basis. The constituent document of the organization is the Charter, it is adopted at the general meeting of the founders and must contain the following points:

The name and address of the cooperative.
For which period it is created, if it will be valid indefinitely, you need to indicate this.
The goals set by the subject of the activity should indicate the intended activity of the cooperative.
The procedure for admitting new members, the amount of the initial payment.
The amount of subsequent contributions and the procedure for their payment, etc.

Where is this form of activity used?

You can create a production cooperative in any field of activity that is related to the production of goods and their sale. Restrictions relate to the creation of associations for the sale of those types of products that are prohibited by law.

This form of management is most often used in agriculture when creating collective farms or cooperatives, they are similar to each other, and their activities are regulated by the relevant Law. Any cooperatives are created voluntarily by shareholders in order to make a profit in the most profitable way.

What are the advantages of a production cooperative

Production cooperatives have advantages, among them:

The profit is distributed among the members of the association according to their labor contribution... The common property is also distributed after its liquidation. This approach to distribution contributes to the material interest of each member of the organization, motivates him to improve the results of his work.
No restrictions on the number of its members- this allows more people to join the organization.
The presence of equal rights in the management of the association... All members of the organization are required to regularly make share contributions to form a mutual cooperative fund. If the property of the organization is not enough to compensate for its debts, all its members must reimburse the missing finances with their own funds. Thus, on the face of the subsidiary liability for the debts of the organization.

The most important advantage of a cooperative association is the principle inherent in it - “ One for all and all for one". It is not uncommon for shareholders to leave the cooperative after a while, but most members adhere to the established rules and work for the result. There is no bureaucratic red tape, members of the cooperative, upon joining, only need to submit a passport and a copy of a work book. Adults have the right to join the cooperative, who may not take personal labor participation, but are required to make an additional share (up to 25% of the total number of members).

Everyone can, if they wish, leave the cooperative and take their share. The profit is divided according to the participation of each. On the positive side, all members of the organization have information on the state of affairs and have the right to participate in decision-making. It is allowed to have a certain number of shareholders that do not take part in the activities of the enterprise. In general, the management of the cooperative is carried out on democratic principles.

What are the disadvantages of a production cooperative

Along with the positive aspects, there are negative aspects in the activities of the cooperative, among them it can be noted: the cooperative cannot issue and sell shares, the members of the organization are obliged to contribute 10% of the amount of the authorized capital when the association is created, and pay the remaining amount within a year after its foundation. The existing property is divided between the founders into shares, and the indivisible property is entered into the Charter and regulated by all of its members.

The downside is that a cooperative can be created at least 5 people- this is a limiting point. For the debts of the cooperative, each of its members bears subsidiary responsibility, and the shareholder who leaves the association is not given a share in net assets, but a share contribution.

conclusions

A production cooperative, as a production and legal form of activity, is not a mass phenomenon in the Russian Federation, this is due to the fact that it combines not capital, but personal labor contributions, which is not suitable for doing serious business. And the subsidiary liability of members of the organization for obligations is also a deterrent.

a question on economics - the pros and cons of production cooperatives (pc), it is urgently needed .. and got the best answer

Answer from - [guru]
1) a production cooperative is a voluntary association based on the membership of mainly citizens for joint production and other economic activities;
2) a member of a cooperative - a citizen, as a rule, is obliged to work in it (to participate in its activities by personal labor), to be with the cooperative in labor relations, or to provide other participation in its activities, expressed, in particular, in financing the cooperative, providing it with material resources, premises, transport. However, such members must also participate in the general meeting of the cooperative. Similar forms of participation can be used by legal entities - a member of the cooperative, if their participation is provided for by law or the constituent documents of the cooperative;
3) the obligation of the members of the cooperative is also to form its property base by making property shares. In aggregate, the share contributions constitute the cooperative's share fund;
4) the members of the cooperative bear subsidiary responsibility for its debts. This means that if the property of the cooperative is not enough to cover its debts, the members of the cooperative are obliged to compensate for the missing part of the debt at the expense of their own funds (and members - legal entities - at the expense of the legal entity). The size and procedure for the application of subsidiary liability are provided for in the laws on production cooperatives and their charters;
5) all members of the cooperative, both citizens and legal entities, have one vote in making decisions at the general meeting of members of the cooperative. In this, cooperatives differ significantly from economic societies.
Advantages and disadvantages
The undoubted advantage of a future member of the cooperative is that he is practically one hundred percent "among our own". Unlike a bank, it does not require numerous certificates and guarantees. A passport and possibly a copy of a work book - that's the whole package of documents. The explanation is very simple - an unscrupulous shareholder will weed out himself, having received nothing.
True, the amount of the bank loan may be higher than the amount of funds offered in the cooperative. As a rule, to join a cooperative, you need to own 50% of the cost of the acquired housing. And the minimum mortgage payment, as you know, is 30%.
In addition, the future shareholder must pay an entrance fee - a fairly round amount (from 2 to 5% of the estimated cost of the apartment at the time of its delivery), which is not included in the accumulation amount and is not returned in case of leaving the cooperative.
Another not the most pleasant nuance - the period for accumulating the down payment is, as a rule, at least 2 years. Even if you deposit the entire amount at once, this does not mean that after that you will be able to move into the apartment.
Certain inconveniences are also caused by the fact that according to the mortgage agreement you initially receive the apartment in the ownership. And even if your financial situation changes for the worse, the bank will not be interested in litigation regarding the seizure of the apartment. At least, there have not been such cases yet. By law, it is almost impossible to leave you without a living space. As for the cooperative, here housing until the last moment is owned by the cooperative, and therefore the situation may develop not in favor of the unlucky member.
pros:
In a production cooperative there may be members who do not take personal labor participation, they make an additional share contribution - the number of such members cannot be more than 25% of the total number of members of the cooperative (for agricultural cooperatives, at least 50% of the work must be performed by members of the cooperative).
The property of the cooperative is divided into shares, and upon leaving the cooperative, the member can receive the value of the share or the corresponding property. Profit is divided in accordance with labor participation (unless otherwise provided by the charter).
minuses:
The members of the cooperative bear subsidiary liability with their property, the amount and procedure for liability must be necessarily established in the charter.