What you need to create a garage cooperative. How to create a garage cooperative: answering questions. How to organize a garage cooperative? Let's turn to the legal framework

. . Date: February 21, 2016. Reading time 7 min.

A capital garage is the same piece of real estate as a residential building. If it is not formalized, then it will be impossible to sell, bequeath or donate it, and sometimes it costs a lot of money. Registration of property rights is complicated by the fact that many owners do not have Required documents.

In connection with active urban development, cases of demolition of garage complexes have become more frequent. Therefore, the owners of one or even several boxes in GSK are seriously concerned about the question of how to register the garage as a property. Even if the city needs the territory for development, the legal owners will be compensated in this case. The amount of it usually covers the cost of buying or building another "motorhome" to replace the lost one.

Documents for detached garages are also better to put in order. During cadastral work, any object is marked on the plan, but from a legal point of view, this is not property, it has no value. In addition, any discrepancies between the actual data and the documents may cause a refusal to register the property right.

Of course, we are not talking about temporary structures such as "shells" and the like. They are easy to drag when a “threat” arises. An immovable object is a capital structure that is inextricably linked with the land. Registration of a garage in the property, the procedure - differ depending on where it is built and on what land. Let's consider three typical situations.

1. Construction on a summer cottage, in the courtyard of a private house.
2. A separate building on "foreign" (unregistered) land.
3. Boxing in a common garage array, cooperative (GSK).

General rules for registration of real estate

Despite the variety of situations associated with garages, they are issued according to the same rules as any real estate. To obtain a certificate of ownership, you need to contact Rosreestr and submit three main documents:

• certifying ownership- contract of purchase, shared construction, certificate of payment of a cooperative share, certificate of inheritance;
• cadastral passport- only the object registered in the State Property Code is registered in the property;
• proving the right to use the land- a lease agreement, a decision of state bodies on the allocation of a plot, a certificate of ownership.

In addition to the listed documents, you will need: a passport, a receipt of state duty. The application is filled out on the spot. You can also apply through the MFC and the State Services portal. Registration is made within 10 days. The registration chamber itself can request a passport and information about payment, but it is better to present them - to save time.

The problem is that many of the actual owners do not have any documents, or they are not properly formatted. Mass construction of GSK fell on the 70-80s, then they were not subject to cadastral registration. There were many violations during construction, documents were carelessly stored, and sometimes destroyed deliberately. How to register a garage as a property, where to start in each case - read below.

Garage on own property

There is only one fundamental difference between a personal garage (Fig. 1) and a house: it is a non-residential building. Its construction does not require a building permit, unless it is intended for commercial purposes. Difficulties do not arise if:

1. own land or there is a lease agreement with the right to build;
2. agricultural lands, designated purpose - summer cottage, gardening;
3. the plot is allocated for individual housing construction, land settlements.

To qualify, you need:

1. Check upon request (Rossreestr) - whether the garage has been registered (if you bought a plot and do not know this for sure);
2. If the answer is negative - prepare a technical plan (BTI, or from a cadastral engineer) according to the available technical documents or declarations (letter of the Ministry of Economic Development D23i-1644, 05/14/2014);
3. Put the object on the cadastral register (10 days), get a passport (5 days).

A BTI technical passport issued before 2008 (before the introduction of the Cadastre Law) is equated to a cadastral one. All such objects should have been automatically registered with the State Property Committee.

Private owners sometimes underestimate the importance of official registration, out of laziness or out of unwillingness to pay property tax (by the way, it is not taken from summer cottages). Winning a boundary dispute with a neighbor can lead to the fact that he is behind your fence, and access to the “red line” can lead to demolition at his own expense.

Legalization of unauthorized garages

The arbitrariness of the building is determined by three signs:

1. there is no building permit;
2. urban planning norms are violated;
3. located on land not allocated for this purpose.

The first two conditions are not essential, the stumbling block is the earth. There are two situations here.

1. The garage is owned, the land is not. This is possible, all laws (on real estate, cadastre, land) were adopted at different times, there was a lot of confusion. If there is a lease agreement, a decision to allocate land - the owner has a pre-emptive right to privatize the plot under the building under Article 39.20 of the Land Code. Required:
   • apply to the administration with an application and attach the cadastral passport of the site; if it is not there, carry out land surveying at your own expense, submit it to the State Property Committee;
   • after obtaining permission to register the land in the property (Rossreestr).
2. There are no documents, land rights. Legalization of unauthorized construction will not work. Until 2006, this was allowed (clause 3, article 222 of the Civil Code), if the administration, at the request of a citizen, allocated an actually occupied site to him. Now the right to such property can be recognized only by the court. And not only for those who built the garage - but also for the owner of the land, for example, the city.

It is not worth counting on Article 234 of the Civil Code (acquisition prescription over 15 years). Courts generally do not consider such possession to be in good faith. Of course, if some additional documents, testimonies, etc. are presented, the issue can be resolved positively.

The procedure for registration of garages in GSK

We mentioned above that decorating a garage does not require obtaining permits. But this rule only applies to individuals. GSK is a legal entity, therefore Rossreestr additionally requests: an act of commissioning (before 2005) or permission to enter a garage complex (after this date). 2 situations are common.

1. The act of input (permission) is available. This means that the land plot has been registered with the cadastre, an inventory has been made, and all technical documents are available. The first of the GSK members who applied, provides:
   • Charter GSK, certificate of state registration, orders for the appointment of the chairman and chief accountant, lists of members of the cooperative.
   • land documents, technical documentation BTI.
   • certificate of membership in the GSK and full payment of the share (issued by the chairman).
   • passport, receipt of payment of duty.
   • cadastral passport - if there is an act of entry, it is issued without complications.

   All subsequent applicants of this GSK will only need to submit personal documents and a certificate from the cooperative. If the registration goes inconsistently, each applicant carries a copy of the documents for land and a passport.

2. No commissioning permit available. For old cooperatives, this is a typical problem. If land plots were allocated to GSK members individually, you can act as individual. Contact a cadastral engineer, draw up a technical plan, receive a passport. If the garage stands separately (Fig. 2) - there are no problems, but this rarely happens. Having received a certificate of title, the owner can privately privatize the land. Surveying - at your own expense.

Previously, cooperative garages were usually built in rows (Fig. 3). For a separate box, you can issue a passport only as a room in a building, for which the entire line is taken. In this case, it is required to register the entire building. For buildings, structures - you need an act (permit) for commissioning. The way out of the vicious circle is through the court. There are regions where such design is a common practice. The basis for the claim is the denial of registration.

When all the owners of garages in GSK become owners, they can submit an application to the administration on behalf of GSK (plus the decision of the meeting) to privatize the land and register it as a shared property.

How much does it cost to own a garage

The total costs for the design of the garage are the sum of the following costs:

• drafting technical plan: calculated based on the scope of work, in all regions the price is different; in MO for an object less than 50 sq.m. - from 6,000 rubles, in Moscow - from 25,000 rubles;
• obtaining a cadastral passport - 200 rubles for an order through the Rossreestr website;
• payment of the state fee for registration of property rights - from 350 rubles (for a summer cottage, personal plot) to 2,000 rubles.

The work of a cadastral engineer is the most expensive. If you have old technical documents, you can save money. But if everything, starting with measurements on the ground, is carried out with clean slate plus drawing up a plan - you need to prepare a decent amount. It is easy to submit documents to Rosreestr without overpaying for the services of intermediaries.

Addition: Do you have any questions? Ask them to a professional lawyer through the legal advice service “Pravoved”.

A garage cooperative is represented by a specific organization consisting of several participants. Its main purpose is the construction and provision of garages to participants for optimal storage of cars. A cooperative is opened by several persons represented by the initiative group. It is they who are involved in numerous organizational processes and registration actions. Certain conferences are offered for all new members.

Purpose of the organization

When opening such an institution, state registration with the Federal Tax Service is mandatory, therefore a legal entity is formed. A garage-building society is usually opened by several citizens living next to each other. They attract other participants to build garages. The characteristics of this organization include:

• the main goal is the construction of garages, which are further provided to different participants for use;
• it is possible for each participant to redeem the garage if the share contribution is fully paid;
• the founders of such an organization require entrance and regular contributions from new members;
• all garages included in the cooperative belong from the very beginning to the owners of the organization, so they take care of the protection, cleaning and repair of structures;
• as soon as the garage is redeemed, the new owner himself is forced to take care of the protection and cleansing of the territory.

The process of opening a garage cooperative is considered quite simple, but at the same time, it is often difficult to obtain land on which construction is planned. The procedure is divided into several successive stages, each of which has its own nuances.

Formation of the initiative group

The process of opening such an organization begins with the formation of an initiative group. Much attention is paid to the participants, since their professionalism, experience and knowledge determine how quickly and correctly all the documents necessary for opening an organization will be drawn up. The main rules for this stage include:

• all members of the garage cooperative must trust each other;
• they are usually represented by house or neighborhood neighbors;
• it is required that the initiative group be attended by people with economic and accounting education, and one or more citizens must have experience in making important decisions. management decisions;
• such a group is formed during the general meeting of all future members of the institution;
• the group is documented by open voting.

As soon as the initiative group is created, it immediately begins its efficient work. To do this, he is developing a regulation on the basis of which the garage-consumer cooperative will operate. An original charter is formed, for which the main parameters of the company's future activities are taken into account. A decision is signed on the basis of which such an institution is opened.

Charter development

This stage is considered important and difficult. You can find various charter templates on the Internet. similar organizations. The charter of a garage cooperative must take into account individual characteristics specific association. It should contain the most important aspects of the functioning of such an organization. When creating this document, the rules and recommendations are taken into account:

• it shares powers between all participants;
• it is decided which of the citizens will be engaged in accounting, and who will solve legal issues and prepare documentation for registration and reporting;
• a chairman is elected;
• a citizen is determined who solves numerous organizational issues;
• the charter lists the governing bodies represented not only by the chairman, but also by the meeting of participants;
• the goals of opening and functioning of such an organization are prescribed;
• lists the rights and obligations that all participants are vested with;
• at the stage of forming the charter, a decision is made about what is the source of the enterprise's profit, as well as what funds will be used for the construction of garages;
• As a standard, the main source of income is the contributions of participants, but it is allowed to attract credit funds.

In addition, it is important to prescribe in the charter how the remaining funds will be divided if, for any reason, the liquidation of the association is required.

What items are included in the bylaws?

When opening such a company, the most attention is paid to the charter. It will be carefully studied by the employees of the Federal Tax Service, therefore, errors or inaccurate information are not allowed in it. The charter of a garage cooperative consists of several points, each with its own purpose and parameters:

1. Basic information about the association. The name of the cooperative and its address are indicated here. All founders represented by individuals are listed. Since we are forming a legal entity, the company has the right to conclude various transactions and be responsible for their consequences.
2. The rights and obligations of the organization, its functions and tasks of functioning are listed. It is indicated that since a legal entity is being opened, the association can be engaged in the construction of garages, connecting communications to them and servicing them. Additionally, it is prescribed that the organization can conduct commercial activity and get bank loans.
3. The property of the garage cooperative is listed. This part of the documentation indicates what property will be contributed to the organization by all participants. The size of the share contribution of the garage cooperative is calculated, and various mechanisms and tools used in the operation of the company are being developed. You can form a cooperative with the help of land or other property, and reserve funds are also created. Not only the amount of payment is indicated, but also the possibility of charging a penalty fee if there is a delay in payment.
4. The leadership of the cooperative is determined. It is represented by a meeting of participants, which is considered the main management of the enterprise. It is he who approves the charter, makes the necessary amendments, and calculates the amount of contributions. The meeting develops an annual budget and determines major costs. In addition, the governing bodies include the chairman of the garage cooperative, who resolves numerous current issues that do not require the adoption of a complex decision by several managers. It takes into account the various expenses and incomes of the cooperative, and also organizes planned events. An audit commission, represented by the controlling body, is also formed. It includes specialists who are not members of the garage cooperative. This commission operates for a limited time.
5. Rules are defined on the basis of which new people can become participants in the enterprise. All rights and obligations with which they are vested are listed.
6. The grounds for exclusion of any participant from the cooperative are listed. Moreover, this includes the absence of monthly contributions or improper operation of the transferred garage. In addition, this includes intentional damage or destruction of property. The decision to expel a participant is made at general meeting.
7. The sixth chapter of the charter lists the rules and procedures for closing the cooperative, if necessary. The basis for the implementation of this process is the decision of the meeting, the insolvency of the enterprise or the presence of a corresponding court decision.
8. The accounting rules for the enterprise are determined in the charter, and it is also decided what financial statements will be kept. Any participant can get access to the accounting documentation of the garage-construction cooperative. Additionally, according to the requirements of the participants, a complete report on the work of the enterprise is formed. An audit must be carried out annually.

It is allowed to add other clauses and information to the charter, if necessary.

Opening a current account

For the optimal functioning of the enterprise, it becomes necessary to have an open bank account. It is with his help that the business of the company is carried out. Funds from banks and participants are transferred to it, as well as income received from the work of the cooperative.

One settlement account is opened for the entire association, and there must also be separate accounts for each member of the enterprise. Under such conditions, the convenience of control over all contributions is ensured.

Company registration

The union must be registered correctly. How to register a garage cooperative? It will legally and officially function only after its registration with the Federal Tax Service. For this, the same rules and stages are used that any other legal entity has to go through.

The following documents are submitted to the Federal Tax Service for registration of a garage cooperative:

• correctly formed charter, and it is transmitted in two copies;
• minutes of the meeting, which indicates the decision to open a cooperative by participants;
• an application in the form P11001, and if the documentation is transferred by a trustee, then this application must be notarized;
• receipt confirming the payment of the fee.

Usually difficulties arise with the preparation of the application. It should contain information about all participants in the enterprise. You can submit documentation not only in paper form during a personal visit to the branch of the Federal Tax Service, but also electronically. Registration takes no more than 5 days, after which the applicant receives the appropriate certificate in his hands.

Land selection and lease

For the construction of garages, it is necessary to properly lease the land owned by the municipality. It is on it that the property of the garage cooperative is being built, represented by places for storing and maintaining cars.

A site is allocated by the local administration, for which it is required to conclude an appropriate lease agreement with it. Two methods can be used for this:

• bidding, on the basis of which a site is provided to the auction participant who offers the highest rent;
• writing an application to the local administration about the need to obtain certain land for doing business, and if there are certain rights to this property, then it can be offered without bidding.

The decision to grant land to a garage cooperative is made by the administration within 30 days. In order to draw up a lease agreement, the institution must prepare registration documents and an application. The drawn up lease agreement is registered in Rosreestr. A cadastral passport is issued by the participants of the cooperative for future buildings.

How to privatize land?

Initially, the land is registered for a long-term lease, and even an indefinite lease is often offered. Under such conditions, after the construction of garages, the cooperative can take up the registration of the territory in the property. The land is redeemed on the basis of the provisions of the Land Code. The cost of such land is determined by local authorities, but it cannot exceed the cadastral price of the given object.

The decision on land privatization is made at the meeting of the cooperative, after which it is included in the founding documentation.

The redemption process can additionally be carried out by all participants if they have fully paid the share contribution. For this, a buyout application is made. How to arrange a garage in a garage cooperative? To do this, it is necessary to transfer to Rosreestr the documentation for the land and building, as well as a certificate confirming the payment of the share contribution. This document is the legal document. A decision is made within 30 days, after which the site is transferred to the applicant's ownership.

The nuances of the financial activity of the enterprise

Each cooperative is represented by a legal entity, so it has the opportunity to engage in financial activities, the purpose of which is to obtain a certain profit. As a standard, all members of such an enterprise must make share contributions and additional payments, for example, for security and cleaning.

Standard sources of financing for a cooperative are payments:

• share contributions, the amount of which is determined at the general meeting, and they can be represented not only in cash, but also in various property, and they are paid by participants when creating a cooperative;
• entrance fees are paid by new participants, and with their help, registration and paperwork are paid;
• membership fees must be transferred by all shareholders, depending on their share, since the funds are directed to the remuneration of employees and to various costs associated with the maintenance of property;
• targeted transfers can be used to repair or purchase various property;
• additional contributions are applied in the presence of various unforeseen situations and expenses.

Each participant must draw up an agreement with the garage cooperative, which contains information on the amount of payments. If there are no transfers within the established time limits, then this may be the basis for early termination of the agreement.

The collection of funds and their accounting is carried out by the chairman of the garage cooperative. All expenses are taken into account by the accounting department. Each participant must fully pay the share contributions to the garage cooperative. The rights of the participant are determined by the constituent documents. After paying the funds, he receives a special certificate that acts as a title document for a particular garage. With its help, you can apply to Rosreestr for registration of ownership of the property.

What kind of business activities can be carried out?

Members of a cooperative can different types activities for profit. The most common services are car repairs. Additionally, garages and boxes are rented out to other users. The profit received from such activities is distributed among the equity holders in an equal amount, after which income tax is calculated from it.

It is important to form an accounting department in such an organization, which is engaged in the formation of reports and accounting. All employees of the cooperative must receive a salary, from which personal income tax is calculated and levied.

If the shareholder decides to leave the cooperative, then he may demand the transfer of some part of the profit earned by the enterprise during the last year.

Such organizations can use a simplified tax calculation system. The accountant must keep separate records of income and expenses.

How is security ensured?

Each person who joins a cooperative can be sure that when his car is in the garage, optimal protection of his property is ensured. For this, regular contributions to the organization are required. Therefore, the cooperative must take care of various nuances:

• rules and requirements are observed during the construction and operation of any premises fire safety;
• reliable security systems are installed;
• hired security guards;
• All members of the cooperative must familiarize themselves with the safety regulations.

Additionally, optimal cleaning of the territory is ensured. For such actions of the cooperative, all participants must make periodic contributions.

What are the functions of the chairman?

The chairman of the garage cooperative is appointed during the general meeting. He is vested with the relevant powers for two years. His important responsibilities include:

• holding a general meeting;
• management of the enterprise;
• drafting and signing contracts with contractors and other companies;
• use of cooperative funds.

Standard issues are resolved personally by the chairman, so there is no need to regularly convene a general meeting. He is usually selected from among the original participants in the enterprise. If there are violations in the work of this specialist, then he can be re-elected by the decision of the general meeting.

Thus, garage cooperatives are considered to be in-demand enterprises, the main purpose of which is the construction and use of garages for their intended purpose. The process is carried out only on land received from the municipality on the basis of a lease, for which bidding is usually held.

It is important to understand how such a cooperative is opened correctly, as well as what actions can be performed to make a profit. Each participant of such an enterprise is obliged to make entrance and regular contributions. If there are no payments, then this is the basis for terminating the agreement.

It is allowed for a shareholder to redeem and register the ownership of a garage if they have paid all the funds. Undistributed profit from the financial activities of the cooperative is divided evenly among all participants.

The owner of the vehicle needs a garage for the maintenance and repair of the car.

In settlements, for this purpose, non-profit organizations are being created - garage cooperatives.

The organization procedure requires certain knowledge.

Advantages and disadvantages of GSK registration

The advantage of GSK can be considered the profitability of doing business by a legal entity, which is easier to regulate the supply of water, electricity, garbage disposal, etc.

Joint problem solving is optimal.

The disadvantage of GSK is the lack of a full-fledged legal framework. General provisions are considered by the Civil Code of the Russian Federation in Art. 123.

The legal regulations governing consumer cooperatives of other types are spelled out in specialized laws.

But there is currently no law specifying the design of a garage cooperative. The provisions of the Federal Law on non-profit organizations do not apply to consumer cooperatives, which is GSK. And in the existing law of June 19, 1992 No. 3085-1, there is a direct reservation that the regulation of the functioning of consumer cooperatives does not apply to GSK.

How is the registration of a garage cooperative regulated?

When developing a charter for the GSK, it is also necessary to be guided by the USSR Law of May 26, 1988 No. 8998-XI “On Cooperation in the USSR”, but with a caveat - only that it does not contradict the modern legislation of the Russian Federation.

Step-by-step instructions on how to organize a garage cooperative

Creation of an initiative group and organization of a garage cooperative

The link that unites car owners can be the condition:

• living in the same area;
• place of work.

Members of an initiative association must have qualities for effective activity:

• business competence;
• knowledge of legislation for writing a charter, contract;
• the ability to draw up documentation;
• communication skills for competent negotiation;
• compliance with financial reporting requirements.

Writing the charter of GSK

The first thing the initiative group does is to hold a meeting with the execution of the protocol and the resolution on the formation of the GSK.

Allocate 8 fundamental points of the charter of the GSK:

1. General provisions containing information:
   • on the basis of the organization of consumer cooperatives;
   • about the founder;
   • about the location of the garage buildings.
2. Goals of the GSK, formed in connection with the needs of its participants.
3. Legal possibilities of GSK.
4. GSK property and ways to secure it: entrance, share, membership fees.
5. Management organization:
   • general meeting;
   • governing body;
   • chairman.
6. Rights and obligations of shareholders of a garage cooperative.
7. Reporting: statistics, accounting and other accompanying documentation, audit.
8. Reorganization of the cooperative.

In the photo below you can see a sample of the charter of the GSK:

Step-by-step instructions for creating a garage cooperative

For the subsequent registration of a garage cooperative, which takes place according to the rules established for legal entities, it is necessary to provide a package of documents to the territorial body:

• garage charter consumer organization;
• resolution of the general meeting with the decision to open a garage cooperative;
• an application certified by a notary office for the execution of a GSK in the form P11001. Download form P11001 and instructions for completing it;
• receipt confirming the payment of state duty.

How to apply for GSK in the Federal Tax Service?

The documentary materials specified above are transferred to the territorial body of the Federal Tax Service.

The new changes make notary certification optional if the filing is done in person.

But saving on notary services will not work if several persons are recognized as founders.

In the absence of notarization of the application to the registration authority, all founders must appear when submitting documents.

Changes have been made to OKVED for GSK. The question arises from 01/01/2017: what OKVED number for a garage cooperative corresponds to this activity. Form P11001 requires number 52.21, which regulates "... the activity (operation) highways, bridges, tunnels, car parks or garages…”.

It is necessary to keep track of innovations and accurately fill out the P11001 form. Taking into account the new requirements allows avoiding refusal to register GSK due to incorrect filling of the form, which is machine-readable. Deviation from the requirements will result in refusal of registration.

Opening a current account

A current account is required for all types of payment transactions. Personal accounts are opened for cooperative members.

It is possible to carry out the procedure for opening an account for settlement and cash services in two ways.

• use the online account reservation resource;
• personally write an application to the bank.

List of basic documents for opening a bank account:

How to organize a GSK and find land for garages?

To determine the land area, it is necessary:

• in the proposed construction area, find a site that meets all parameters, i.e. located at a legal distance from a playground, residential or pedestrian area;
• apply to the local administration body to determine the purpose of the land in accordance with the city development plan;
• having received consent for the construction of the GSK, submit an application for participation in the tender;
• if other applicants are not fixed, issue a lease at the cadastral value;
• when drawing up a lease, clarify the lease term (usually an indefinite lease).

Signed lease agreement, according to Art. 609 of the Civil Code of the Russian Federation, requires state registration.

Article 609

1. A lease agreement for a period of more than a year, and if at least one of the parties to the agreement is a legal entity, regardless of the term, must be concluded in writing.
2. A real estate lease agreement is subject to state registration, unless otherwise provided by law.
3. A property lease agreement providing for the subsequent transfer of ownership of this property to the lessee (Article 624) is concluded in the form provided for the sale and purchase agreement for such property.

Construction of garages

The direct construction process takes place subject to the requirements of the "Urban Planning Code Russian Federation"No. 190-FZ dated December 29, 2004 (as amended on March 7, 2017).

The choice of a developer company is recognized as the main factor for the construction of garage buildings within a certain time frame and of proper quality.

Agreements for the design of the GSK and its construction are concluded with the good reputation construction organization.

When the construction work is completed, relevant contracts are signed with organizations providing services to the GSK.

Registration of a garage cooperative

After the signing of the act of acceptance of garages, the activities for registering the ownership of GSK follow. The chairman submits an application and attached documents to the territorial body of Rosreestr.

How to create a garage cooperative from existing garages?

From the beginning of the process of creating a garage cooperative for members of the GSK separately, there is no need to formalize the transfer of ownership (Civil Code of the Russian Federation, Article 223, paragraph 2).

Article 223
Point 2

In cases where the alienation of property is subject to state registration, the acquirer's ownership right arises from the moment of such registration, unless otherwise provided by law.

Real estate is recognized as belonging to a bona fide purchaser (Item 1 of Article 302) on the basis of the right of ownership from the moment of such registration, except for the cases provided for in Article 302 of this Code, when the owner has the right to claim such property from a bona fide purchaser.

Members of the cooperative who have made a share contribution in full, have the right of ownership of the garage property (clause 4, article 218 of the Civil Code of the Russian Federation).

Article 218
Item 4

A member of a housing, housing-construction, dacha, garage or other consumer cooperative, other persons entitled to share savings, who have fully paid their share contribution for an apartment, dacha, garage, other premises provided to these persons by the cooperative, acquire the right of ownership to the said property.

Finishing construction works the territory of common use remains on the balance sheet of GSK. A garage cooperative acquires the status of common shared ownership (Civil Code of the Russian Federation, Art. 244).

Who and how is bookkeeping in GSK?

The main source of financing of the statutory activities for the garage consumer organization are the funds received from its participants:

The accountant of the garage cooperative carries out a continuous process accounting . Garage cooperatives have the right to apply the taxation system according to a simplified scheme (clause 4, part 2, article 6 of the Federal Law “On Accounting”).

Two options are provided: with the object of taxation "income", the tax rate is 6%, with the object of taxation "income minus expenses", the rate is 15%. To choose one or another option, it is necessary to take into account the nuances.

How to open a garage cooperative? This process is multi-stage and lengthy, with a number of complexities. During organizational events, the group of initiators must have decisiveness and literacy. You can avoid problems and bureaucratic misunderstandings if you seek advice from a lawyer who specializes in this issue.

Basic rules for creating a garage cooperative

In cities, the storage of personal vehicles is a problem for many car owners. A garage is a great solution, because it can be armed, used to store not only a car, but also other equipment - an ATV, a boat, a snowmobile, as well as personal items. The garage can be equipped with a car pit, a cellar for storing food. The most common form of association of owners Vehicle is a cooperative. Anyone can join it. Such associations must be created in accordance with all the rules and obey the law.

The concept of a cooperative

Garage or garage-building cooperative (GK, GSK) are non-profit associations created on the contributions of participants. Garage cooperatives are considered legal organizations, however, all members are invested in their construction. Shareholders solve all pressing issues at meetings, discuss the development plan of the cooperative, make decisions by voting.

The charter of the garage cooperative is also adopted. It spells out the basic rules of its activity. The chairman of the GSC is elected. He is the initiator of all activities of the association, makes the necessary decisions, signs the minutes of the meetings.

When construction is completed, all garages will be considered joint property, and specific car spaces will be owned by GSK members. By the way, three participants are enough to create an association. In the future, each of them can register the garage as a property, and until then, the cooperative is obliged to pay taxes. It is important to know that after the complex is completed and the shares are paid by all participants, the garage cooperative must be converted into a consumer cooperative.

How to build a new GSK

To form a garage cooperative, it is important to attract motorists by getting them interested in the proposal to create a non-profit association of vehicle owners. Most often, the participants are united by the area of ​​​​residence. Preparation can take a long time. The first stage is paperwork.

Together with a group of first members, you will need to draw up a charter for the association. It should indicate how the property of the association is formed, sources of finance, the amount of entrance and additional fees. Each participant is given a membership book.

Next, you should apply for registration and registration with the tax authority. Then open a bank account for a legal entity. To speed up the GSK registration process and avoid errors, you can entrust the execution of documents law firm. Documents to be submitted to the tax office in 2018:

• application for registration;
• association charter;
• minutes of the meeting at which it was decided to create a garage-building cooperative;
• receipt for payment of state duty.

It will be necessary to select a plot of land on which the complex will be located. To do this, the required documents are submitted to the city planning authority. What kind of documents are needed, you should find out in a particular department. The process of registration of constituent documents will take some time. After receiving the cadastral passport, a land lease agreement will also be issued. The land plot must be registered with Rosreestr.

When the documents for the land are ready, you can start construction. It is better to entrust this process to a construction company with a good reputation in order to avoid problems with the deadlines for the completion of objects, unnecessary costs and fraud. It is obligatory to conclude a contract for the provision of construction services.

Articles of association

So, a garage cooperative must have its own charter, a sample of this title document can be downloaded for free on our website. However, it will not be superfluous to find out what the charter of a garage cooperative is, what information it should contain. So, in the first chapter, general information is written - the name, address of the cooperative. It is noted that this is a legal entity that has a balance sheet, a bank account, a seal, its own letterhead, and so on.

The chapter "Goals" indicates the reasons for the creation, how the tasks are achieved (conclusion of contracts, summing up communications, ensuring the viability of the association, and others). The next paragraph sets out monetary matters: property, description of funds, amounts of contributions and conditions for their repayment, penalties for late payments, expenses of the GSK.


The next chapter is about the governing bodies of the association. The general meeting is endowed with undeniable power, it adopts the charter and all changes to it, establishes the amounts of contributions and funds, accepts new members of the GSK, excludes violators, approves the estimate, elects members of the board and audit commission decides to liquidate the association.

The Board, which is headed by the chairman of the garage cooperative, deals with organizational issues, is responsible for collecting fees, planning expenses, preparing and holding meetings, compiling estimates, adjusting the list of GSK participants, and so on. The Commission is convened to control financial transactions. The same person cannot be both a board member and a commission member.

At the same time, the participant is obliged to comply with all clauses of the charter, fire safety rules, maintenance of the garage, and make all necessary payments on time. In case of non-compliance with the rules by the participants, measures of influence should be provided, up to and including expulsion from the cooperative. Voluntary withdrawal from the association is also possible. The following paragraphs of the charter prescribe the conditions for the reorganization and liquidation of the association, as well as reporting and accounting.

GSK Finance

In garage cooperatives, contributions are the main source of property formation. It is better to prescribe all the conditions relating to them in the charter. For example, how the entrance fee is paid by each new member of the cooperative, where the funds are directed. Membership fees go to current expenses. Target - for the creation, repair, modernization of public property. The share contribution is calculated based on the cost of building a garage complex. It can be contributed not only in cash, but also in property. Additional contributions may be collected to avoid the organization's debts.

Garage associations are created so that all participants can have places to store cars. The organization itself does not receive any profit. However, a garage-building cooperative may conduct activities that provide for profit. Free boxes can be rented out, a car service, tire fitting, car wash can be organized on the territory of GSK, providing paid services to everyone.

Of course, accounting should share the income from both activities. Otherwise, the targeted fees will also be subject to income tax. All shareholders must receive interest on income. In GSK, it is possible to privatize the land under each garage into the ownership of the owner. To do this, the box must be a separate building with an individual entrance and walls. It also happens that the complex has common walls, then the allotment under it is considered indivisible. And you can buy only a share of the land.

sovetyuristov.ru

How to create a garage cooperative: answering questions

The garage-deficient epic in Russian cities seems to be eternal. To overcome the problem of the lack of space to store the car in a legal way, motorists unite in garage-building cooperatives, and it is indeed receding somewhat.

Together, as they say, it’s easier to beat a dad, but to create a team, firstly, you need an activist-initiator, secondly, the desire and support from the majority of motorists who apply for a garage, and, thirdly, a lot of effort, time and moral stability, since the creation of an organization is not an easy, time-consuming, and sometimes thankless task.

Where does GSK start?

In short step by step instructions we want to convey to everyone who is thinking about the feasibility of organizing a garage cooperative, the nuances of how to create a garage cooperative.

1. In order to make a decision on the creation of the GSK - not just an oral idea, but a decision drawn up in the form of a specific document, it is necessary to create an initiative group that would consist of caring and knowledgeable people who, as they say, are in the subject. To do this, the initiator No. 1 himself will have to show remarkable organizational and oratory skills, since convincing him of the need and prospects for building an entire garage town is not an easy intellectual job.

Important point: throughout the procedure, the chairman of the cooperative is responsible to all members of the partnership, so his actions must be correct, decisive and competent. The lion's share of attention should go to the legal aspect of the process. There is no need to rush and there is no room for error. It is more correct to entrust the development and execution of constituent documents to a specialist.

What is written in the charter

The fundamental document, one might even say, giving the right to the existence of a cooperative, is the charter. In it you can find answers to most controversial issues and not run around lawyers once again. But in order for the answers to be contained in the charter, they must be included there. And in the most detailed way.

Let's briefly dwell on main sections and their content.

1. General provisions. Name, status, location (address) and subject matter of the community. Mandatory emphasis on the fact that the newly formed legal entity has all the necessary attributes: a round seal, a stamp, forms, details (attributes should be ordered and produced the day before).
2. Goals and subject of activity. This section should be more specific on this: a description of the reasons that served as the beginning of the creation of the garage cooperative, the activities of the community and the means to achieve its main goal. A non-profit structure, which is GSK, puts at the forefront the satisfaction of the needs of members of the cooperative in the storage of personal vehicles.
3. Property. Description of the formation of the GSK budget, all issues related to finance: the possibility of creating various funds on the basis of the cooperative, the amount of contributions and their number, the expenses of the organization. The system of sanctions for late payment of contributions should also be contained in this section.
4. Control. Traditionally, there are three governing bodies in a garage cooperative:
   1. The general meeting is competent in matters of making changes to founding documents, determining the amount of dues, admission or exclusion to the GCJ, election of the board, liquidation or reorganization of the community.
   2. The board under the leadership of the chairman is responsible for the functioning of the cooperative: organizes the collection of fees and general meetings, plans expenses, maintains lists of members of the cooperative.
   3. Audit Commission - control. Observes and controls financial activity. Does not allow the presence of board members in its composition.
5. Membership. Description of the right to join the cooperative and exit from it, as well as the rights and obligations of shareholders.
6. Reorganization and liquidation. The reasons and conditions for the liquidation or reorganization of the cooperative are described.
7. Reporting and accounting. Description of the conditions for conducting accounting activities and reporting to members of the cooperative.

Several types of contributions

The share contribution is not the only financial obligation of each of the members of the GSK. There are also introductory, membership, additional, target. Each cooperative at the general meeting decides for itself how many types of contributions to introduce, so that the money is eventually enough for the high-quality construction and maintenance of garages.

However, let's break down the concepts. So contributions.

1. Introductory - a new member of the cooperative pays for the execution of all documents required for entry into the GSK.
2. Membership - financial support by shareholders for the current expenses of the cooperative and the work of its staff (accountants, cashiers, security guards, etc.).
3. share. It is not always paid in cash, it can take the form of securities, movable or immovable property, or even a property right. Produced by mutual agreement of shareholders.
4. Additional. Used to cover GSK losses.
5. Target. May be permanent or temporary. It is used for the needs of garage property: repair, replacement or modernization.

Can a non-profit cooperative become financially successful?

In the event that the chairman, and indeed all members of the cooperative, have a specific goal and have a desire to achieve it, it is possible to reformat the GSK somewhat. Space investments for its implementation will not be required, and at the legislative level such structures are allowed to engage in entrepreneurial activities.

What could it be? Since, apart from garage structures, there is nothing else for development financial freedom It is simply impossible to use in the GSK, then even at the dawn of the cooperative, it is necessary to provide a place for several free garages in order to rent them out later.

This kind entrepreneurial activity is able to provide GSK with "its own bread" in a fairly decent amount.

The only requirement is to keep cooperative and entrepreneurial accounting separately, since taxation from commercial and non-commercial activities organizations differ significantly.

The income of the GSK should not be a secret behind seven seals, the custodians of which are only the chairman and the chief accountant. Publication of reports for this type of activity is mandatory, as well as a fair distribution of earnings between equity holders.

When leaving a successful and financially independent cooperative, the shareholder has the full right to an annual cooperative payment - his own percentage of income.

Security of the garage complex

Paying for the right to stay in the garage cooperative and the stay of their car in a separate box, each of the motorists counts on the complete safety and security of personal vehicles.

In order to meet garage safety requirements, the initiative group needs to take care of:

• fire protection activities;
• protection of the entire complex (hire guards);
• familiarization of all members of the cooperative with the safety rules.

"Likbez" is desirable to conduct periodically, so that the information does not disappear after a single lecture.

Considering our government bodies, no matter how much you want, it is unlikely that you will be able to change the procedure for registering a garage as a property. It's better to just follow the rules.

How to process the purchase of a garage in a garage cooperative (GSK) and what documents do you need to complete the purchase and sale?

The acquisition of ownership in a share owned by a member of a garage-building cooperative is provided with many significant nuances that need to be paid attention to.

We will tell you in this article how to buy a garage box in GSK.

What do you need to know?

Ownership of the garage in GSK is common, joint and generally owned by GSK, which is a non-profit organization (NPO).

From this specificity of the founder's powers, the features and basic rules of registration follow. At the same time, the specifics of the design reflect the norms of the seller's copyright holder, which may vary:

1. be exclusively joint property, without the allocation of an established share in the right. In this case, the cadastral passport and certificate of ownership are missing.
2. Have an officially registered share in the right to real estate, with a certificate of ownership and a cadastral passport.

If there is no official allocation of a share, then the basis is the transfer of a share, with permission for the right to own a proportionate part of the GSK real estate.

The acquisition of an object of this type is based on the norms of articles 167, 209, 223, 288, 292, 551, 552, 556 of the Civil Code of the Russian Federation. When concluding a bill of sale, references are made to these legislative sources.

A transaction can only be concluded with an adult, capable person, when a reasonable price is set for the object. Otherwise, termination of the contract is allowed on the basis of the norms of Articles 177, 178 of the Civil Code of the Russian Federation.

When can I make a purchase in the garage cooperative?

The seller is obliged to notify the co-owners in the cooperative about the upcoming sale no later than 3 months before the start of the transaction. During this time, the board of the cooperative invites members to a meeting that gives approval to the transaction.

Subsequently, the protocol of voting is attached to the minutes of the meeting, which replaces the notarized consent of the co-owners to the transaction. After preparing these documents, you can proceed to the procedure for transferring ownership.

If the general meeting made a negative decision on the transaction, the owner of the property may challenge the decision of the members of the cooperative in court.

Then, instead of the protocol, an extract from the court decision is attached, with the recognition of the claim.

Where can I prepare the documentation for the sale?

After the preparation of the documentation, the transaction is executed directly. For this, a contract of sale is drawn up and signed by the parties. You can draw up and sign a bill of sale:

• in the office of the founder of GSK;
• in a notary's office, certified by a notary;
• in a law firm;
• in a real estate company;
• elsewhere, at the discretion of the parties.

After signing the bill of sale, the transaction is executed in the cadastral chamber or the MFC. Information on the transfer of rights is entered into the USRR information bank, after which the civil transaction enters into legal force.

An essential role is played by the transfer of money, which can be carried out in the presence of the person accompanying the transaction, or third parties. Bank cells or bank transfer through a bank are quite popular.

Required documents for registration

To register a sale and purchase transaction, it is required to submit a documentation package consisting of the following:

• purchase and sale agreements in 3 copies;
• parties' passports;
• protocols with the permission of the transaction from GSK;
• share book or certificate of payment of the share and the absence of debts;
• seller's membership book;
• cadastral passport (if available);
• certificate of ownership (if any);
• cadastral certificate of the absence of debts and arrest;
• receipt of payment of the fee for registration services;
• for joint ownership - a notarized permission of the spouse.

Step-by-step instruction

How to purchase a garage in a garage cooperative?

In some cases, it makes no sense to issue a PDCP. For example:

• the garage has a low cost - up to half a million rubles;
• the demand for the object is low;
• the property is owned by GSK, without allotment of shares.

In this case, the main contract of sale is immediately drawn up.

From this document it should follow that the parties carried out a property transaction in accordance with the norms of civil law.

If the value of the property is relatively low, the contract also acquires the force of an act of acceptance and transfer of real estate, which is indicated in the act as a separate paragraph.

The bill of sale specifies the main provisions accompanying the sale. In conclusion, it is signed by the seller and the buyer.

If the property is joint without allotment of shares, then the agreement is certified by the founder in the person of the chairman of the board.

When signing the bill of sale, the money for the garage is transferred and the parties are sent to the registration (cadastral) chamber.

It is accompanied by statements submitted by the parties as follows:

The list of submitted documents is indicated in the receipt. It is issued in the name of the buyer, on its basis the buyer will receive a certified contract and other documents. After the registration, the new owner enters into the actual ownership of the garage box in GSK.

If persons live in a locality where there are no MFC branches, the documentation can be sent by registered mail, with a notification of receipt and a description of the attachment. In this case, notarized photocopies are enclosed instead of civil passports.

Deadlines and fees

When the parties personally visit the registration authority, a receipt is issued, on the back of which the date of the second visit is indicated. The term for preparing the transaction registration should not exceed 21 business days. For the most part, documents are prepared ahead of time.

The fee for individuals is 2,000 rubles.

Without its payment, except for cases of notarial certification of the bill of sale, documents are not accepted.

A receipt of payment is not required, but it is desirable to attach to the documentation package.

In any case, the registrar checks the availability of payment in the database.

Since fraudulent schemes are widespread in the real estate market, involving gullible buyers in the network of criminals, you need to be extremely careful. In addition to deliberately selfish motives on the part of the seller, any negligent actions of the buyer can lead to unpleasant legal consequences.

If, after buying a garage from an unscrupulous seller, the buyer’s fault is revealed, the transaction may be subject to restitution as illegally made, on the basis of Article 178 of the Civil Code of the Russian Federation. At the same time, the object allows withdrawals in favor of the state.

Such cases include:

The most fatal mistake is the transfer of money in exchange for the keys to the garage, according to an oral agreement. The contract is executed only in writing, with the signatures of the parties. It should follow from the document that a paid transfer of property has been carried out. Also, what kind of object are we talking about?

Based on the foregoing, the buyer must be sure to officially verify the legal capacity of the founder and the seller in order to minimize the risks, or avoid them altogether.

Conclusion

The article describes how to conduct a deal to purchase a garage in GSK in accordance with the law. The consequences of their violation by the parties to the contract are also shown.

zhivemvrossii.com

Is it possible to rent land for a garage?

Lease of land is possible if the law is not violated and certain conditions are met. The lease is concluded for a certain period, which is indicated in the contract. There is a difference between renting land for an individual garage and a garage-building cooperative.

Current legislature

All issues related to real estate transactions are covered by the Civil Code of the Russian Federation. Including - the problems associated with the lease.

According to articles No. 606 and 131, every citizen can rent land for the construction of a garage on it.

Article 222 of the Civil Code of the Russian Federation states that if the owner of the garage did not have the right to use a certain piece of land, then the garage is considered to be built illegally and is subject to demolition. The same rules apply to cooperative garages.

Rent land for garage

Renting land for garages has a long history. In Soviet times, garage cooperatives rented land that belonged to the state. Previously, the right to lease such land was indefinite.

Currently, the land under the garage-building cooperatives (GSK) belongs to the state or municipalities. And the right to lease, according to the law, is regularly extended. Thus, in relation to the building itself, the owner of the garage is considered the owner, and in relation to the land - the tenant.

In a garage cooperative

The garage as part of the GSK is part of the whole, therefore the land plot under the cooperative is considered indivisible. The decision to lease a site from the administration is made at a general meeting of all shareholders.

Also, the decision to acquire land for ownership is possible only with the participation of all members of the cooperative, each of which will have its own share in the common property.

From a legal point of view, this procedure is not very complicated. But we need to wait for the decision of everyone or have initiators in the GSK who will “move” this matter. The collection of documents involves the attachment of copies of all passports, which in practice is very difficult to do.

At the city administration

How to register the land under the garage for rent in the administration? The procedure involves the collection of documents, the preparation of a collective application and its consideration. According to the legislation, the reason for the refusal of the administration to receive land for rent can only be the improper purpose of the land.

Any category other than the land of settlements will be the reason for refusal. These include agricultural lands, specially protected, forest and water resources, industrial lands, etc.

It is possible to find out the intended purpose of a particular piece of land in the bodies of Rosreestr or the Cadastral Chamber.

You can get land for rent by participating in auctions or by submitting an application for a specific plot. In the first case, those legal entities and individuals who are only looking for a place to build a garage participate. In the second, cooperatives that want to conclude or extend a lease on a site where garages have already been built.

How to apply?

The participation of all members of the cooperative will be required to register the lease of land for GSK. It is not possible to rent each plot separately. The representative in the registration procedure will be the chairman of the garage-building cooperative.

The algorithm for issuing a lease is as follows:

1. Obtaining information about the owner of the plot of land of interest. When contacting Rosreestr for information, a paid certificate is issued.
2. Registration of technical and cadastral passports.
3. Payment of state duty.
4. Filling out an application on a special form. At least two applicants are required to apply.
5. Signing an agreement. Signed 2 copies. One is kept by the tenant, the other is kept by the landlord.
6. Appeal to Rosreestr in accordance with Article 26 of the Land Code of the Russian Federation and Article 651 of the Civil Code of the Russian Federation, according to which the contract is registered in Rosreestr for a year.

In the case when garages are structures that are inseparable from the land, tenders are not held. The issue is resolved only when an application is submitted.

If the garage is a metal structure, then, according to the law, an auction is held.

Required documents

The lease may be issued subject to the following conditions:

• the landlord is the owner of the land;
• the category of land does not contradict its provision for rent as a garage;
• when renting, the interests of other citizens will not be affected;
• there will be no damage to the health or life of surrounding people;
• the most important communications cannot be affected;
• the territories of children's playgrounds and sports grounds will not undergo changes, their border will not be violated.

List of documents, in case of compliance with all the rules:

• rental application;
• passports of all shareholders and their photocopies;
• cadastral documents.

According to the so-called "dacha amnesty", which included not only summer cottages, but also garage plots, for individual garages it is possible to arrange land surveying according to a simplified scheme.

When registering land for a garage cooperative, land surveying is carried out at the expense of shareholders, but in general this event is cheaper, since the cadastral engineer leaves once, and the procedure itself takes less time.

Lease contract

Without a lease agreement or privatization of the site with its further purchase, at best, the owners of the garage face a fine for illegal buildings, at worst - a fine and the demolition of these buildings.

In order not to violate the law, a lease agreement is drawn up between the two parties.

The form must be standard and contain the following information:

• Details of the parties. They must be entered with great care so that there is no mistake.
• Subject of the contract. Must be supported by the necessary boundary documents, where the boundaries are indicated.
• Rent terms. The term of the lease and other conditions must be indicated. For example, the possibility of sublease.
• Rights and obligations.

The contract is sealed and signed.

A sample lease agreement for a land plot for a garage is here.

How to extend?

The term for renting the land under the garage depends on what type of garage is located on it. Under a capital garage, land is rented for 49 years, under a metal one - for 5 years. You can arrange a lease to later buy the land if the owner agrees. The terms are specified in the contract.

Currently, an indefinite lease is not possible, so the lease can be extended by signing a new contract.

What is the price?

The rental price is agreed in advance.

It will include:

• tax fees;
• in fact, the payment of rent;
• state duty.

The rent itself in 2018 will be 0.27% of the cadastral value. The tax will be 0.3%. The tax base here will also be the cadastral value of the land.

The state duty is paid when the period exceeds one year and the contract in this case is registered with Rosreestr. The state duty is 2,000 rubles for individuals and 22,000 rubles for legal entities.

Payment order

Rent payments are made most often by the GSK chairman or representative as notices are received.

Do I need to pay tax?

The tax is paid by the owner of the land. If he rents it out, he puts the tax in the cost of the rent.

In 2018, at the value of the property:

• less than 300 thousand rubles, the tax rate will be 0.1%;
• 300-500,000 rubles - 0.1-0.3%;
• more than 500,000 - 0.3-2%.

If the site is registered as a property by a cooperative, then the chairman himself pays the tax. If an individual becomes the owner of the land, then he pays the land tax on his own.

What documents are needed to buy a garage in a garage cooperative? The complete list is here.

How to sell a garage without documents? Details in this article.

Benefits are available only to war veterans. Pensioners are not provided with any benefits under the law.

For veterans, a preferential percentage of 0.01% of the cadastral value is used. The veteran must be the owner of the garage according to the documents.

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In urban conditions, car storage is a big problem, especially for residents of apartment buildings. There are very few garage buildings in the yards and demand always exceeds supply.

In a civilized way, the issue is resolved only by the construction of a garage cooperative, where motorists can freely purchase a garage for their needs.

The association of citizens into a garage-building cooperative is possible if there is an initiative group and its leader, interested citizens who provide all possible support to the initiative group, as well as a reserve of patience, because paper work is not an easy task.

The functioning of a garage-building cooperative is based on the support of its members or organizations that systematically make financial contributions in order to maintain its performance.

The positive side of GSK is the resolution of issues by joint efforts. Much easier to lead economic activity legal entities. Supply of water, electricity, removal of municipal solid waste - these are the most important issues to be resolved in the association.

An example of an extract from the register of legal entities.

However, GSK has a significant drawback - the garage is not the unconditional property of the owner. Before buying a ready-made or building a future garage, one should become a member of the society and make the necessary contributions, only then he will be allocated land or a building for personal use.

Contributions must be made monthly, as well as pay for electricity by the meter and other utility bills.

If a GSK member built a garage on his own, then it is his property, but the land on which the building stands is not. Sometimes, more as an exception, it is possible to formalize the privatization of a building. But you need to be prepared for the fact that at the end of the lease, the city authorities may not renew it and demolish all the buildings.

At the moment, there is no law detailing the registration of a garage-building cooperative. GSK is not subject to the provisions of the Federal legislation on non-profit organizations.

And the law No. 3085-1 of 06/19/1992 directly states that the management of the activities of consumer cooperatives does not affect the scope of the GSK.

What is the basis for registering a garage cooperative

Chapter 4 of the Civil Code of the Russian Federation and Federal Law No. 99 dated 05/05/2014 as amended on 07/03/2016 state that a garage-building cooperative is an organizational and legal form legal entity, which has a non-commercial direction.

At the same time, Article 50 prescribes the points regarding decisions aimed at the approval of a legal entity. The decision must invariably contain a clause on the writing and adoption of the charter of the legal entity.

The charter of the GSK must be developed based on the USSR Law of May 26, 1988 No. 8998-XI “On Cooperation in the USSR”, but stipulating points that in no way run counter to the current modern legislation of the Russian Federation.

Brief step-by-step instructions for organizing a garage cooperative

In a concise step-by-step instruction, I would like to talk about all the pitfalls and features of registering a garage-building cooperative so that our readers, after weighing all the pros and cons, can properly and competently organize the process.

Law on the procedure for creating a consumer society.

So what are the steps to take:

1. Creation of an initiative group.
   The decision to create a GSK, documented, must be made together with the initiative group. It should be composed of dedicated and stakeholders who want to get their share in the cooperative and are always ready to help. In turn, the organizer should use all means of persuasion, demonstrate no hefty oratory, because to convince the people of the need and expediency of building a garage microdistrict is sometimes a thankless and difficult job. It is possible to find future members of the organization among neighbors, work colleagues, those who have not resolved the issue of where to store the vehicle.
2. After gathering the initiative group and approving the decision to create a documented, one should start developing documentation for the establishment of the project.
   And for starters, it is worth drawing up and approving the charter of the garage-building cooperative. It should indicate the main features of the creation, activities and work of the society, as well as the source of funding.
3. The next step is to register the cooperative.
   Having compiled a complete package of constituent documentation, you should register and register the organization with the local tax office. But before submitting the documentation, it is necessary to register bank accounts for each member of the garage-building cooperative, as well as for the association as a whole.
4. At the end of the registration process, you should take up the land.
   With administration local government a place is agreed upon and a lease agreement is signed with the right to further extension. Each region sets its own specifics of land lease, so for comprehensive information, you should contact the local land administration directly. The lease agreement is registered at the regional registration chamber.
5. Pick a good one construction company with conscientious employees and conclude an agreement with them for the design of a cooperative.
   With the foreman, you should discuss the main points and estimates of construction. To the best of your ability, exercise control over their actions during work. Upon completion, it is imperative to issue documentation for the operation of the cooperative.
6. Next is the final registration.
   The registration procedure is simple: the chairman submits well-formed documentation to the registration authority and after some time the garage-building cooperative is allowed to operate.

It is important to remember that in the process of creating a GCJ registration, the chairman is responsible to the partners, so he must act clearly, competently and accurately. The biggest difficulty can be the legally correct execution of the necessary documentation.

This issue should be studied carefully by yourself or resort to the help of a competent lawyer, in order to avoid further returns, alterations and loss of precious time.

How to create an initiative group and organization of a garage cooperative

The initiative group includes people who own cars or any other types of vehicles who want to organize a garage-building cooperative. The group includes any number of members, but not less than three together with the chairman of the association.

People can be united by living in the same microdistrict or working at the same enterprise.

In order to function effectively, the members of the initiative group must possess the following qualities:

• awareness in business matters;
• awareness of the current legislation for the preparation of the charter of the organization and contractual documents;
• qualified ability to draw up documents;
• it is easy to make contact in order to negotiate clearly and competently;
• be able to comply with financial reporting requirements.

Article 11 of the law on the rights of shareholders.

But in case of a lack of qualifications in any matter, it is worth attracting a paid specialist, so as not to redo all the work later.

We write the charter of GSK

The main document, without which the creation of a garage-building cooperative is impossible, is the charter. It outlines the main points that allow you to resolve disputes without resorting to the help of lawyers. The charter is written in detail, bringing in any trifle, because even a trifle can become a stumbling block.

Let us briefly dwell on the main points that should be written in the charter:

General provisions

The document indicates the name of the association, its legal status, the exact address and what the association does. It should certainly be noted that GSK has the necessary attributes of a legal entity: stamps, round seals, letterheads, open bank accounts. All of the above must be booked in advance.

Purpose and subject of the lesson

The paragraph is devoted to determining the reasons that prompted the initiative group to take action to create a cooperative. It should fully describe the main goal and how it was going to be achieved.

It should be noted that the garage-building cooperative is a non-profit association and its main work is to provide members of the cooperative with a place where they can store vehicles.

Own

Here you should indicate what the GCW budget and other financial moments. Briefly describe the property on the balance sheet of the cooperative. Prescribe the creation of a fund of membership fees, their amount and main items of expenditure. The system of financial punishment for delay and non-payment of contributions is also indicated.

Regulatory authorities

It is generally accepted that there are three governing bodies in the GSK: a meeting of members, a chairman and an audit meeting. Members of the cooperative have the right to make measurements in the fundamental documentation, determine the amount of membership fees, accept or exclude members of the association.

The chairman organizes the smooth functioning of the cooperative, gathers meetings on important issues, collects contributions, plans expenses and controls the list of members of the cooperative.

The Audit Assembly is the control body. They control the financial aspects of the cooperative's activities. They should not include board members.

Members of the cooperative

Website of the Federal Tax Service.

It prescribes the process of joining the GSK and the rights of its members. The rights are as follows: members of the cooperative can participate in management, receive payments, freely leave the company if necessary, receive all information about the activities of the cooperative, and in case of liquidation, be able to receive their share of the property.

In addition to rights, members of a garage cooperative must also have obligations, such as: comply with the charter, comply with fire and sanitary safety rules, and pay the necessary contributions on time.

It is also necessary to note the conditions under which it is possible to exclude from members of the community: arrears in contributions, violation of the above rules, keeping property in an indecent form, causing damage to property and the work of the cooperative.

Liquidation and restructuring of the cooperative

It describes the reasons for the possible dissolution or merger of cooperatives. This issue is decided at a meeting of members by unanimous vote, but it happens that the decision is made by the court on the basis of the bankruptcy of the association.

Accounting

The conditions of accounting work and the frequency of reporting to members of the cooperative are described.

It describes the main provisions that should be in the charter, but their number can be increased by introducing items related to the activities of a particular cooperative.

Contribution types

The contribution is a mandatory financial component of membership in a garage cooperative. GSK functions only thanks to various types of contributions, so it is not worth neglecting their payment, because punishment is provided for late payment, up to exclusion from the community.

The amount of contributions is decided collectively at meetings and amounts to the number necessary for the maintenance and construction of garage premises. Even fairly large amounts usually do not bother shareholders, because everyone understands the cost of construction work and land lease.

In addition, keeping the car on the street, exposing it to attack by intruders, is sometimes more expensive.

An example of the charter of a garage cooperative.

1. Entrance fee.
   A new member of the cooperative must pay a certain amount spent on the registration of documentation required for membership in the GSK.
2. Membership fee.
   Paid for the maintenance of the smooth functioning of the GSK, for the utility costs of the cooperative and the payment of wages to full-time employees.
3. Share contribution.
   It is not necessarily financial. It can be paid with securities, movable or immovable property or transfer of property rights.
4. Additional payment.
   Exists to cover unprofitable GSK items.
5. Target contribution.
   It can be paid not constantly, but only at the request of the GSK board, and is aimed at unscheduled repairs, prevention or modernization of the property of the cooperative.

GSK bookkeeping

The main and, perhaps, the only source of obtaining funds to the GSK account, necessary for the conduct of statutory activities and the functioning of the association as a whole, are finances deposited into the current account by shareholders in the form different kind contributions.

Contributions help pay the salaries of GSK staff members, pay for current needs, and avoid being stranded in the event of unexpected expenses.

Compulsory contributions and other payments are obliged to collect and keep records of the chairman of the garage society. The accountant of the cooperative is engaged in an uninterrupted accounting process.

GSK has a simplified scheme of the tax collection system, in accordance with paragraph 4, part 2, article 6 federal law"About Accounting".

There are two ways to do this tax:

1. The object of taxation "Income" and its tax rate is 6 percent.
2. The object of taxation "Income minus Expense" and its tax rate is 15 percent.

The accountant, together with the chairman of the association, study both options and choose the one that suits this particular GSK.

Registration of GSK in the federal tax service

Registration of a garage-building cooperative in the tax service is carried out on a general basis according to the rules adopted by a legal organization.

The package of documents submitted to the tax service must consist of the following:

• charter GSK, printed in two copies;
• minutes of the meeting by decision of the GSK institution;
• an application certified by a notary for registration of the association in the form P11001;
• a receipt certifying payment of the state fee.

Documents can be transferred in three ways: a personal visit to the tax office, using the services of mail and through the website of the Federal Tax Service of Russia, as evidenced by Article 9 of Chapter 3 of Federal Law No. 129.

According to the new changes, notarization is not required if the founder personally submits the documents. But if there are two or more founders, then one cannot do without the services of a notary, or the founders must appear at the tax service in full force.

An example of an application for registration of a cooperative.

According to the changes, when submitting Form P11001, paragraph 52.21 is filled out about "... the activities of roads, bridges, tunnels, parking lots or garages." Innovations must be tracked and the form must be filled out correctly, otherwise it is possible to avoid failure due to incorrect design of the form, which is read by specialized equipment.

It is possible to apply for registration countless times, but the paid fee is non-refundable and must be paid each time the next time a package of documents is submitted.

Opening a checking account

The current account exists to collect mandatory payments from GSK members and conduct various payment transactions.

Members of the association are required to be provided with personal accounts, and this procedure can be carried out in several ways:

1. Personally go to the nearest branch of the bank and write an application.
2. Reserve a personal account using the online banking services.

You must have with you:

• documents confirming the existence of GSK;
• extract from the Unified State Register of Legal Entities;
• form with sample signatures of the main management team;
• information about the client in a bank form;
• documentation confirming the actual appointment to the post of people noted in the form with sample signatures;
• documentation confirming the powers and rights of a single body of a legal entity.

A current account is opened fairly quickly, provided that the package of documents submitted is correctly executed.

Conclusion

The process of organizing a garage-building cooperative is quite complex and exciting at the same time. It will take a lot of time and effort to draw up a charter, collect and process the necessary documentation, so it is important that among the members of the initiative group there are legally literate people.

But in the absence of such, you should not despair, perhaps you will turn to an intelligent lawyer for help, or even entrust the procedure to special firms that provide services for the complete preparation of documents for registration. This will avoid many mistakes and shorten the processing time.