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.
Opening process garage cooperative It is considered quite simple, but at the same time there are often difficulties in obtaining the land on which the 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 effective 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 must contain highlights 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:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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 exclude a participant is made at the general meeting.
- The sixth chapter of the charter lists the rules and procedures for closing the cooperative, if necessary. As a basis for doing this process the decision of the meeting, the insolvency of the enterprise or the existence of a corresponding court decision.
- 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. Participant rights are defined founding 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?
Cooperative members can engage in various 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. Retained earnings from financial activities cooperative is divided evenly among all participants.
Regulations on the procedure for paying by members of the Cooperative of share and other payments and providing them with residential premises and other objects of modern social infrastructure, Regulations on the Auditor of the Cooperative, Regulations on mutual lending, Regulations on mutual insurance, as well as other Regulations, the need for approval of which follows from the Charter of the Cooperative;
- represents the Cooperative in government and administration, as well as in relations with legal entities and individuals;
- organizes the implementation of decisions of the General Meeting;
- prepares and submits a report on the work of the Board to the General Meeting;
- determines the list of information constituting the commercial secret of the Cooperative;
- concludes contracts for the implementation by the Cooperative entrepreneurial activity.
Read on the website: Garage cooperatives must know and comply with Law 4.3.3.
Can the owner of the GSK get copies of the documents?
Heirs who refuse to participate in the Cooperative are paid the value of the share. 5.11. Labor Relations members of the Cooperative are governed by this Charter, federal laws, and hired workers - Labor Code Russian Federation.
The general meeting of the members of the Cooperative determines the forms and systems of remuneration for the members of the Cooperative and its employees. Remuneration for labor can be made in cash and (or) in kind on the basis of the regulation on remuneration developed by the General Meeting and (or) the Board of the Cooperative.
5.12. The General Meeting establishes the types of disciplinary liability for members of the Cooperative.
The charter of a garage cooperative is the main document of its activity
The excluded member of the Cooperative must be notified in writing no later than days before the date of the General Meeting of the members of the Cooperative and has the right to provide his explanations to the specified meeting. The amount of the share contribution made by such a member is reimbursed by the Cooperative to the member within ... without accruing interest or any penalties.
The decision to expel from the Cooperative may be appealed to the court. The fact that a member of the Cooperative has a debt cannot serve as a basis for refusing to exercise his right to withdraw from the Cooperative.
If the former member of the Cooperative refuses to pay the debt voluntarily, the Cooperative has the right to recover it in the manner prescribed by law. 5.10. In the event of the death of a member of the Cooperative, his share passes to his heirs, and they become members of the Cooperative after the execution of the relevant documents.
Charter of the garage cooperative
Accordingly, its chairman and the auditor who controls the financial and economic function are elected.
- cooperative membership. The section spells out the rights and obligations of shareholders of the cooperative.
Member Responsibilities:
- comply with statutory requirements, technical and fire safety standards;
- pay dues and taxes on time;
- improve the garage area, etc.
The new charter of the GSK should also reflect the legal possibilities of the participants:
- contribute to governance;
- activate the functionality of the general meeting, using the right to vote;
- request information about the activities of the cooperative, etc.
Download a sample charter of a garage cooperative.
- Accounting and reporting. Statistics, accounting and accompanying operational documentation are maintained, which are subject to audit.
Charter gsk
Attention
Disciplinary sanctions, including dismissal, can be imposed on the Chairman of the Cooperative, members of the Board of the Cooperative and members of the Audit Commission (Auditor) of the Cooperative only by decision of the General Meeting of Members of the Cooperative, and on its other officials- The Board of the Cooperative. 5.13. Members of the Cooperative, taking personal labor participation in its activities, are subject to social and compulsory medical insurance, and social security on an equal basis with employees of the Cooperative.
The time of work in the Cooperative is included in the length of service. The main document about labor activity a member of the Cooperative is a work book.5.14.
The main essence of the charter of the garage cooperative (drawing up features)
The cooperative acquires the right of ownership to the property transferred to it by its members as a share contribution. 3.2. Members of the Cooperative can pay their share contributions not only in cash, but also in various property.
3.3. The property of the Cooperative is formed by:
- entrance and membership share fees, targeted, additional and other contributions of members of the Cooperative;
- voluntary property contributions and donations;
- business income;
- income from the use of the property of the Cooperative;
- dividends (income, interest) received on shares, bonds and other securities;
- other receipts not prohibited by the legislation of the Russian Federation.
Charter of a garage building cooperative (gsk)
The procedure for granting a loan is governed by the loan agreement, this Charter and the current legislation of the Russian Federation. 8. REORGANIZATION AND LIQUIDATION OF A COOPERATIVE 8.1. The reorganization of the Cooperative (merger, accession, division, separation, transformation) is carried out by decision of the General Meeting adopted unanimously by all members of the Cooperative, and other grounds provided for by the legislation of the Russian Federation.
8.2. To carry out the reorganization, by the decision of the General Meeting, a reorganization commission is created from among the members of the Cooperative, which develops a reorganization plan, draws up a separation balance sheet and submits these documents for approval to the General Meeting. By unanimous decision of all members of the Cooperative, the Cooperative may be transformed into a business partnership or company.
8.3.
RF.For execution effective work a garage cooperative can perform a number of actions:
- conclude contracts for the sale of garage buildings in whole or in part, conclude contracts for the development of estimates, for the provision of services;
- to purchase equipment or materials, to rent if necessary necessary inventory or technique;
- borrow money;
- hire employees for permanent or temporary work for security, landscaping, repair and cleaning;
- realize different types activities in accordance with established goals;
- it is possible to lease another land plot for the construction of structures;
- you can apply for membership in a cooperative.
The 3rd paragraph defines the property of the community.
Where to request the charter ucr
Members of the Cooperative may be its founders and persons subsequently admitted to the Cooperative in accordance with the procedure provided for by this Charter. 5.2. Citizens or legal entities wishing to become members of the Cooperative submit an application in writing for admission to membership of the Cooperative addressed to the Chairman of the Cooperative, in which they indicate their passport data, for legal entities- bank details and name.
Important
Admission to the membership of the Cooperative is possible by decision of the Chairman of the Cooperative, or by the decision of the Board of the Cooperative, or by the decision of the General Meeting of the members of the Cooperative. 5.4. After the Board of the Cooperative makes a decision on admission to the membership of the Cooperative and establishes a deadline for paying the share contributions of the applicant, he must, within ... days from the date of the decision, pay the entrance fee and part of the share fee established by the Board of the Cooperative.
Legal advice:
1. Can I get copies of the GSK charter if I own a garage?
1.1. Yes you can!
Federal Law No. 41-FZ of May 8, 1996 (as amended on November 30, 2011) "On Production Cooperatives"
Article 8. Basic rights and obligations of a member of a cooperative
request information from officials of the cooperative on any issues of its activities.
Contact the GSK Board with a written request to provide the GSK Charter for review and make copies, and in case of refusal, appeal to judicial order.
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2. Should the chairman of the cooperative provide for review the charter of the gsk.
2.1. This is your right in accordance with the Federal Law of 05/08/1996 N 41-FZ "On production cooperatives".
Article 8. Basic rights and obligations of a member of a cooperative
1. A member of a cooperative has the right:
participate in production and other economic activity cooperative, as well as in the work of the general meeting of members of the cooperative with the right to one vote;
elect and be elected to the supervisory board, executive and supervisory bodies of the cooperative;
make proposals on improving the activities of the cooperative, eliminating shortcomings in the work of its bodies and officials;
receive a share of the profits of the cooperative to be distributed among its members, as well as other payments;
request information from officials of the cooperative on any issues of its activities;
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3. The judge made a decision contrary to the charter of the gsc. What to do.
3.1. the decision can be appealed in the appeal within a month from the date of production of the court decision in final form.
Good luck and all the best
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4. How and where can I get a copy of the Charter of GSK 44 of Krasnodar dated 1982.
4.1. How and where can I get a copy of the Charter of the GSK 44 of Krasnodar from 1982
The question is not at the address, look in your GSK what is the problem.
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5. Need help creating a GSK charter for registration.
5.1. You can find a specialist from your city in the directory of lawyers
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6. Charter GSK from 1972 Whether it was necessary to undergo re-registration.
6.1. Yes, it must be done in accordance with the law.
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6.2. Your charter is registered with the administration, most likely. Register it with the IFTS. This will be required for registration of rights to garages and land. I will be happy to answer any questions as soon as I am done.
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7. Didn't go to the GSK for a subbotnik. They say they will be fined according to the charter. Correctly?
7.1. No, not right.
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8. Where can I find the official charter of the gsk?
8.1. you can contact the GSK itself and take a picture of the Charter, or ask the Tax Office
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9. The Board of the GSK proposes to include in the charter the right to vote at meetings as follows: one member of the GSK - one vote, regardless of the number of garages owned. I don't think it's legal, should one garage be one vote, two garages be two votes, three garages be three votes?
9.1. Both options are acceptable and do not contradict the current norms of the Civil Code. The choice is up to the majority of owners.
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10. I was elected chairman of the GSK, the old chairman gave me lists of debtors for membership fees for past years, but these people refuse to pay. There is no clause in the charter that they are required to write an application for joining the GSK, and accordingly there are no applications. Everyone has only membership books, the cooperative is over 30 years old. Is it possible to recover these debts through the courts?
10.1. Maybe! If you prove that these people are members of a cooperative, etc. A lawsuit can be filed immediately against all debtors!
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10.2. There are membership books - it means members of the GSK. Debts can be collected. But within the 3-year statute of limitations. That is, given that the debts for the past years, you can collect for 3 years. Prior to the day of going to court. Don't delay, time is against you.
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11. Chairman GSK offers to buy a garage. The owner of which died 10 years ago, he did not find heirs, no one paid for the garage, In accordance with the charter of the GSK, he was taken away for debts. Is it legal. The garage is not privatized.
11.1. If the ownership of the garage is registered in the register, then you will not be able to register it for yourself. Because the seller will be inappropriate.
Order an extract from the register, find out who the owner is.
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12. In 2018, my father died. He owned a garage and was a member of the GSK. Mom inherited the garage. She did not become a member of the GSK. We tried to sell the garage because we don't use it. GSK demands to pay contributions to mom for two years, referring to the Charter. And it is also only for members of the cooperative. Is membership hereditary? Is there such a law? We agree to pay the debt only until the day of death.
12.1. You have entered into an inheritance, which means that all the debts of your husband have passed to you.
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12.2. Anna,
Membership in a cooperative is not inherited. Mom had to write an application for membership in the GSK.
And for debts, the heirs are responsible within the value of the inherited property.
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13. In our country, the chairman of the GSK was elected in 2001. Since then, he deliberately does not collect meetings, does not report. Not audit commission. Doesn't follow the rules. How should I act?
13.1. Anton, good afternoon! If the chairman does not work, then the activities of the cooperative are not carried out and it is possible that your funds are appropriated. The right to re-elect at a meeting, and in fact theft to contact the police.
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Consultation on your question
call from landlines and mobiles is free throughout Russia
14. Is it possible to elect the chairman of the GSC by absentee voting, if there is no absentee voting in the charter?
14.1. If such a method of voting is not prescribed in the charter, then they are unacceptable.
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15. The father re-registered the garage in GSK for one son (he left the garage. Cooperative and the son entered). Registration passed according to the charter of the cooperative legally. The garage is not owned. Mom passed away 2 months ago. Can the second son challenge the re-registration of the garage by the father, because Has it been six months since the renewal? Sincerely.
15.1. No. The garage in this case is not registered in the property. In fact, there was simply an assignment of the use of this garage.
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15.2. In this case, it is necessary to include the garage in the estate and recognize the transaction as invalid. Basically, there is a chance.
Yours faithfully, the lawyer in Volgograd - Stepanov Vadim Igorevich.
Be carefull! If you received a call and were invited to a “free” consultation at the legal center at 7th Gvardeyskaya 2 ( court of Arbitration) or Kalinina 2 A (Volga sails), then these are scammers. The lawyer does not see your number and does not call first.
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16. I need your help. Kursk region Zheleznogorsk GSK owns our garage. According to the charter of the GSK, it is not necessary to hold a meeting if someone is being built nearby, the chairman allocated land to people, they start building a garage, it will not be possible to open the doors and drive up. Is it legal and what to do. She offered us to put roller shutters if it was not convenient for us. In general, it can be controlled by law.
17. In 2015, the Chairman of the GSK was elected for a period of 3 years (until 06.2018) in accordance with the charter. In 2017, at the general meeting, the composition of the board changed. And they extended the powers of the chairman for a period of 3 years (until 2020). Is this decision legal?
17.1. If the new composition of the board has changed in accordance with and on the basis of the Charter of the GSK, then it is necessary to reflect and justify the termination of the former powers of the Chairman and the extension of the new ones of this Chairman in the minutes of the meeting of the board. From that date for three years.
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18. Faced with a problem, they were going to change the chairman of the GSK (GSK was founded in 2002, the only founder died five years ago) and create a board of the GSK of five people with the adoption of the charter in a new edition. What obstacles await us?
18.1. In order to change the chairman of a garage cooperative, it is necessary to hold an extraordinary meeting of owners in the manner prescribed by the charter.
At the same time, the old head immediately ceases to exercise his powers and transfers to the new chairman all the documents necessary for the implementation of economic activities in the cooperative.
However, it is necessary to look at the GCW Bylaws to determine the exact procedure.
In addition, after the death of the sole founder, succession must be established.
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19. please amend the charter of the garage cooperative in connection with the death of the former chairman of the GSK. The notary found out that the checkpoint does not match in the Unified State Register of Legal Entities and in our certificate of registration. The tax authorities said that the CPC would have to be received by the chairman of the SCC, but the former chairman died, and the new one is not yet in the Unified State Register of Legal Entities, but the meeting chose him, what should we do? The GSC has a Vice President. Thank you!
19.1. Make changes to the constituent documents in accordance with the current legislation, including submitting tax documents. Good luck to you.
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20. The GSK Board consists of 11 people. According to the charter, the quorum is "not less than 2/3". 2/3 of 11 is how much? 7 or 8?
20.1. Dear Anatoly Grigorievich, In this case, it is necessary to divide by 3 and multiply by 2. It turns out - 7.3. It's hard with people. So at least 8.
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21. I bought a garage in the GSK, asked the management to provide me with the charter of the GSK, was refused. Tell me how can I get the charter of the GSK to get acquainted with it?
21.1. Danila.
Apply to the Board of the GSK with a written request (2 copies) to provide the Charter of the GSK for familiarization and making copies, and in case of refusal, appeal in court with the recovery of all expenses from the GSK.
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22. The size of the penalty is not specified in the charter of the GSK, but is annually appointed by the decision of the meeting of the members of the GSK. Is charging a penalty legal? Are penalties charged if contributions are paid within a year.
22.1. If the time frame for the payment of contributions is not established, then the accrual of penalties is unlawful. These penalties are provided for by the agreement or the Regulations adopted at the general meeting of the GSK members.
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23. Are there legal documents, besides the charter of the organization (GSK), that determine the status of the GSK?
23.1. GSK is a garage building cooperative? If yes, then this is a kind of consumer cooperative, regulated by the norms of the Civil Code, the Law on Cooperation in the USSR and the charter of the corporative. In general, what exactly are you interested in?
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24. The Chairman of the GSK refuses to acquaint the members of the GSK with the constituent documents and the charter. Is it legal?
24.1. The Charter regulates not only the activities of the GSK, but also contains sections regarding membership in the GSK, so you have the right to familiarize yourself with the charter.
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24.2. You have the right to write a complaint to the prosecutor's office, since its refusal is unlawful, because. he was obliged to provide you with all the requested documents, tk. You are most likely a GSK member and have every right to demand these documents. Good luck.
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25. The question of the superstructure of the 2nd floor in the GSK, the charter of the GSK states that the garage should not exceed 3 meters, the chairman is not against the superstructure, how can this be done legally?
25.1. No way, you need to change the charter, the chairman will not be able to change it alone - convene a meeting and make a decision on your issue.
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26. I ask the respected community to give the basic norms according to which the GSK Charter should be written.
What cornerstones should it contain?
What to base on? There is no GSC law.
26.1. Garage building cooperatives, related to consumer cooperatives, non-profit corporations, continue to conduct their activities, regardless of the changes introduced by the Federal Law of 05.05.2014 N 99-FZ to Chapter 4 of the Civil Code of the Russian Federation, which entered into force on 01.09. 2014.
The founders, when creating a GSK, should be guided by new edition Chapter 4 of the Civil Code of the Russian Federation. The exemplary GSK Charter, which is offered to readers for review, should be correlated with the new edition of Ch. 4 of the Civil Code of the Russian Federation, especially in terms of profit distribution. Following the link, you can get acquainted with the exemplary Charter, approved by the Decree of the Council of Ministers of the RSFSR of September 24, 1960 N 1475.
CHARTER
garage building cooperative
"_______________________________"
G. __________________
____ G.
1. GENERAL PROVISIONS
1.1. Garage-building cooperative "_____________", hereinafter referred to as the "Cooperative", was established by the decision of the general meeting of the founders, who united on a voluntary basis to meet the needs of members of the Cooperative in the construction of garages.
1.1.1. The founders of the Cooperative are:
- ______________________________________;
- ______________________________________.
1.2. Location of the Cooperative: ____________. At this address is the Chairman of the Cooperative.
1.3. The cooperative is non-profit organization, created as a voluntary association of citizens and legal entities on the basis of membership in the form of a specialized consumer cooperative - a garage-building cooperative - in order to meet the needs for garages.
1.4. Full name of the Cooperative in Russian: Garage and construction cooperative "_____________". Abbreviated name: GSK "_________".
1.5. The cooperative is created without limiting the period of activity.
1.6. The activities of the Cooperative are not limited to the territory of ____________. The activities of the Cooperative are based on the principles of voluntariness, property mutual assistance, self-sufficiency and self-government.
1.7. The cooperative is a legal entity from the moment of state registration, has an independent balance sheet, settlement and other bank accounts, a seal with its name in Russian, a corner stamp, forms and other details.
1.8. The Cooperative may, on its own behalf, make any transactions that do not contradict the legislation of the Russian Federation and this Charter, acquire property and non-property rights and bear obligations, represent the common interests of the members of the Cooperative in government bodies and local governments.
1.9. The cooperative is liable for its debts with all its property. The Cooperative is not liable for the obligations of its members, and the members of the Cooperative are jointly and severally liable for its obligations within the unpaid part of the entry fee of each of the members of the Cooperative.
1.10. The cooperative in its activities is guided by the Civil Code of the Russian Federation, other current legislation of the Russian Federation and this Charter.
2. OBJECTIVES OF THE COOPERATIVE
2.1. The Cooperative was created to meet the needs of citizens - members of the Cooperative in garages by building them at the expense of members of the Cooperative, as well as for the subsequent operation of garages mainly at their own expense.
2.2. To achieve the purpose of the Cooperative's activities specified in clause 2.1 of this Charter, the Cooperative has the right to:
Receive land plots for the construction of garages on them;
To carry out, in accordance with the procedure established by the legislation of the Russian Federation, the construction of garages at the expense of own and borrowed funds;
Purchase necessary equipment, materials;
Conclude contracts for the development of design estimates, for the provision of services;
Acquire ownership or rent the necessary equipment, units and technical means;
Organize your own service for the protection, cleaning, landscaping of the territory of the garage complex, its repair and maintenance;
Use in its activities the property of members of the Cooperative, the state, municipalities, individuals and legal entities on a reimbursable and non-reimbursable basis;
Receive loans and credits on a contractual basis from state and municipal authorities, individuals and legal entities, including banks;
Carry out other activities consistent with the goals of the Cooperative.
2.3. The cooperative carries out the construction of garages according to standard projects and, as an exception, individual projects approved in the prescribed manner, with the obligatory use of standard structural materials.
The construction of garages is carried out after the approval of projects in the prescribed manner and after obtaining a building permit.
2.4. The cooperative maintains accounting and statistical records in accordance with the procedure established by law and is responsible for its accuracy.
2.5. The Cooperative keeps records and stores all documentation to be stored in accordance with the legislation of the Russian Federation.
3. PROPERTY OF THE COOPERATIVE
3.1. The cooperative acquires the right of ownership to the property transferred to it by its members as share contributions.
3.2. Members of the Cooperative can pay share contributions in cash and property.
3.3. The property of the Cooperative is formed by:
Entrance and membership share contributions, target, additional and other contributions of members of the Cooperative;
Voluntary property contributions and donations;
Other receipts not prohibited by the legislation of the Russian Federation.
3.4. The general meeting of members of the Cooperative has the right to form the funds of the Cooperative on the basis of the property belonging to it:
Share fund, which is formed at the expense of share contributions of members of the Cooperative and is directed to the construction of garages and their operation, other necessary expenses;
The reserve fund, which is formed by decision of the general meeting at the expense of the reserve contributions of the members of the Cooperative; the purpose of the fund is to cover the losses of the Cooperative in the event that members of the Cooperative fail to make their share contributions.
3.5. A member of a cooperative is obliged to pay at least ten percent of the share contribution by the time of state registration of the cooperative. The rest of the share contribution is paid within a year after the state registration of the cooperative.
The share contribution of a cooperative member may be money, securities, other property, including property rights, as well as other objects civil rights.
Land plots and others Natural resources may be a share contribution to the extent that their turnover is allowed by the laws on land and natural resources.
The assessment of the share contribution is carried out:
When a cooperative is formed by mutual agreement of the members of the cooperative on the basis of prevailing market prices;
Upon entry into the cooperative of new members by the audit commission of the cooperative. New members of the Cooperative pay a share fee within ____ days from the date of the decision by the general meeting of members on admission to membership in the Cooperative.
An assessment of a share contribution exceeding two hundred and fifty minimum wages established by federal law must be made by an independent appraiser.
3.6. Membership dues are paid monthly and are used for expenses on current activities. Membership dues may be paid throughout the quarter until the ___ of the month following the quarter for which dues are due.
3.7. If a member of the Cooperative has not paid a share or membership fee within the prescribed period, then for each day of delay in payment, he must pay penalties in the amount of ___% of the amount of the debt, but not more than the size of the share or membership fee. Penalties are used for the same purposes as the respective contributions.
3.8. The size of the share and membership fees are determined by the general meeting of members of the Cooperative.
3.9. If, after the approval of the annual balance sheet, the Cooperative has losses, the members of the Cooperative are obliged to cover the resulting losses by additional contributions in the amount and within the time period established by the general meeting. At the same time, the period for covering losses should not exceed 3 months from the date of approval of the annual balance sheet, which reflects the losses. Responsibility for failure to fulfill the obligation to pay additional contributions on time is similar to the liability measures provided for in clause 3.7 of these Articles of Association. In case of failure to fulfill this obligation, the cooperative may be liquidated in court at the request of creditors.
3.10. The decision to make targeted, additional and other contributions, if necessary, is made by the general meeting of the members of the Cooperative and determines the amount and terms of their payment.
3.11. Income received consumer cooperative from entrepreneurial activities carried out by the cooperative in accordance with the law and the charter are distributed among its members.
3.12. The received profit of the Cooperative is distributed among its members in accordance with their personal labor and (or) other participation, the size of the share contribution, and among the members of the cooperative who do not take personal labor participation in the activities of the cooperative, in accordance with the size of their share contribution. Part of the profit of the Cooperative is distributed among its employees by decision of the general meeting of members of the cooperative.
The procedure for the distribution of profits is provided by the general meeting.
3.13. The distribution between the members of the Cooperative is subject to the part of the profit of the cooperative remaining after the payment of taxes and other obligatory payments, as well as after the direction of the profit for other purposes determined by the general meeting of the members of the cooperative.
The part of the profit of the cooperative, distributed among the members of the cooperative in proportion to the size of their share contributions, should not exceed fifty percent of the profit of the cooperative to be distributed among the members of the cooperative.
4. GOVERNING BODIES OF THE COOPERATIVE
4.1. The governing bodies of the Cooperative are:
General meeting of members of the Cooperative;
Board of the Cooperative;
Chairman of the Cooperative;
Audit committee.
4.2. The next general meeting of the Cooperative is convened by the Board at least once a year by notifying all members of the Cooperative in writing.
4.2.1. The General Meeting has the right to make decisions if more than ____% of the members of the Cooperative are present at the meeting.
4.2.2. Decisions on any issues are taken by the general meeting by a majority of votes from the number of members of the Cooperative present, with the exception of questions on the liquidation or reorganization of the Cooperative, the approval of its liquidation balance sheet, which are taken by a majority of votes of _____ from the number of members of the Cooperative present.
4.2.3. The general meeting is supreme body management of the Cooperative and has the right to make decisions on any issues related to the activities of the Cooperative, incl. within the competence of other bodies, and also has the right to cancel the decisions of the Board.
The exclusive competence of the general meeting includes:
Admission to and exclusion from members of the Cooperative;
Distribution of garages between members of the Cooperative;
Establishing the size of entrance, membership and other types of fees, establishing the amount of participation of a member of the Cooperative in the costs of the garage economy;
Approval of the Charter of the Cooperative;
Introduction of amendments and additions to the Charter of the Cooperative;
Election of members of the Board and members of the Audit Commission of the Cooperative;
Approval of the reports of the Management Board and the Audit Commission;
Resolution of the issue of liquidation or reorganization of the Cooperative, approval of its liquidation balance sheet;
Consideration of complaints against the Management Board and the Audit Commission.
4.2.4. Each member of the Cooperative has one vote, regardless of the size of the share contribution.
4.2.5. Extraordinary general meetings may be convened to discuss urgent matters. Extraordinary general meetings are convened at the request of at least _____ members of the Cooperative, the Audit Commission or by decision of the Board of the Cooperative by an interested person (persons).
4.2.6. Decisions of the general meeting are recorded in the minutes of the meeting, signed by the Chairman and the secretary of the meeting.
4.2.7. Decisions of the general meeting are binding on all members of the Cooperative and its bodies.
4.3. The Board of the Cooperative is a collegial executive body elected in the amount of at least _____ members of the Cooperative for a period of ________, which manages the Cooperative in the period between general meetings. The board is accountable general meeting members of the Cooperative. Meetings of the Management Board are held as needed, but at least ____ times in _________. The Board elects from among its members the Chairman of the Board and the Deputy (deputies) of the Chairman of the Board. The Chairman of the Board manages the work of the Board.
4.3.1. The meeting of the Board is competent if _____ members of the Board are present. Decisions are made by a majority vote of the members of the Management Board. Decisions of the Board are documented in minutes, which are signed by the Chairman of the Board and the Secretary.
4.3.2. The Board of the Cooperative exercises the following powers:
Plans the activities of the Cooperative, draws up estimates, staffing apparatus of the Cooperative;
Manages the current activities of the Cooperative, with the exception of issues referred by the Charter to the competence of other bodies of the Cooperative, manages the garage economy;
Receives the contributions established by the general meeting of members of the Cooperative from members;
Manages the funds of the Cooperative in accordance with financial plan approved by the general meeting of members of the Cooperative;
Convenes a general meeting, prepares documents for the meeting;
Approves and submits to the general meeting work plans for the implementation of the statutory activities of the Cooperative, controls the implementation of the decisions made;
Considers proposals and applications of members of the Cooperative;
Represents the Cooperative in government and administration, as well as in relations with legal entities and individuals;
Organizes the implementation of decisions of the general meeting;
Prepares and submits a report on the work of the Board to the general meeting;
Maintains a list of members of the Cooperative;
Fulfills other obligations of the Cooperative.
4.3.3. The Chairman of the Cooperative is the head of the Board of the Cooperative and performs the following actions:
Acts on behalf of the Cooperative without a power of attorney, signs financial documents, assumes obligations, opens and closes bank accounts of the Cooperative, issues powers of attorney;
Issues orders, orders, mandatory for staff members of the Cooperative;
Hires and fires full-time employees;
Approves staffing, fund wages, reserve and other funds, as well as the size official salaries full-time employees of the Cooperative;
Manages the property of the Cooperative in accordance with general order and directions determined by the general meeting and the Board;
Concludes contracts on behalf of the Cooperative.
4.4. To control the activities of the Cooperative, the general meeting elects the Audit Commission consisting of ___ people for a period of __________.
4.4.1. The audit of the financial and economic activities of the Cooperative is carried out based on the results of the activities of the Cooperative for the year, as well as at the initiative of the Audit Commission, by decision of the general meeting of members of the Cooperative or at the request of at least _______ members of the Cooperative. The Audit Commission elects the Chairman of the Commission from among its members.
4.4.2. The Audit Commission has the right to demand the convening of an extraordinary general meeting of members of the Cooperative.
4.4.3. Members of the Audit Commission cannot simultaneously hold positions in the governing bodies of the Cooperative. Spouses, relatives, in-laws cannot be members of the Management Board and the Audit Commission.
5. MEMBERSHIP. RIGHTS AND OBLIGATIONS OF COOPERATIVE MEMBERS
5.1. Members of the Cooperative may be citizens who have reached the age of 16. Members of the Cooperative may be its founders and persons subsequently admitted to the Cooperative in accordance with the procedure provided for by this Charter.
5.2. Citizens wishing to become members of the Cooperative submit an application in writing for admission to membership of the Cooperative addressed to the Chairman of the Cooperative, in which they indicate their passport data.
5.3. Admission to the membership of the Cooperative is possible by decision of the general meeting of members of the Cooperative.
5.4. After the general meeting of members of the Cooperative makes a decision on admission to membership and setting a deadline for paying the share contributions of the applicant, he must pay the share fee established by the general meeting of members of the Cooperative, on time in accordance with clause 3.5 of this Charter. The applicant becomes a member of the Cooperative only after paying the share fee.
In case of delay in payment of the named contributions, the applicant pays penalties under clause 3.7 of the Charter. If the delay exceeds ___ days, then the decision of the Board of the Cooperative on admission to the membership of the Cooperative becomes invalid, and the admission failed. The funds received from the applicant as a partial payment of the entrance and share fee are returned to him.
5.5. A member of the Cooperative is obliged:
Comply with the Charter, decisions of the general meeting, the Board of the Cooperative and the Audit Commission;
Comply with state technical, fire, sanitary standards and rules for maintaining a garage;
Timely and in full to pay the established contributions;
Bear the burden of expenses for the maintenance, repair of the garage, which is in his use (ownership);
Pay all taxes and fees on time;
Participate in the improvement of the territory of the garage complex;
Participate in the costs of maintaining, repairing and operating public property.
5.6. A member of the Cooperative has the right:
Get a garage in accordance with the share made for use (in property);
Get access and get acquainted with the reports of the Board, the Audit Commission, other financial documentation, any information about the activities of the Cooperative;
Alienate your garage (share);
Take part in the activities of the general meeting of the Cooperative with the right of one decisive vote;
Receive part of the property of the Cooperative after its liquidation;
Carry out other actions not prohibited by the legislation of the Russian Federation.
5.7. A member of the Cooperative has the right to withdraw from the Cooperative at any time. An application for withdrawal from the Cooperative is submitted by its member to the Chairman of the Cooperative no later than two weeks before the withdrawal. Each member of the Cooperative is entitled to receive the value of the share upon leaving the Cooperative. In this case, the value of the share can be paid to a member of the Cooperative in cash or property, including immovable. A person who has left the Cooperative can receive the value of the share within _______ after the end of fiscal year. A member of the Cooperative who has fully paid a share contribution may, at his own request, remain in the Cooperative or withdraw from it at any time.
5.8. A member of the Cooperative may be expelled from the Cooperative on the basis of a decision of the general meeting, provided:
Failure to fulfill the obligations established by the Charter or the general meeting of the Cooperative;
Violations of the Charter, the rules for maintaining a garage provided to him for use;
Causing damage to the property of the Cooperative, its activities and reputation by its actions.
A member of the Cooperative who is expelled from the Cooperative loses the right to use the garage.
A member of the Cooperative who leaves or is expelled from the Cooperative is paid the cost of his share contribution and cooperative payments in the amount, on time and on the terms that are provided for by the charter of the Cooperative at the time the member of the Cooperative joins it.
5.9. The excluded member of the cooperative must be notified in writing no later than thirty days before the date of the general meeting of members of the cooperative and has the right to provide his explanations to the said meeting. The amount of the share contribution made by such a member is reimbursed by the Cooperative to the member within ______ without accruing interest or any penalties.
The decision on exclusion from the cooperative may be appealed to the court.
The fact that a member of a cooperative has a debt cannot serve as a basis for refusing to exercise his right to withdraw from the cooperative. If the former member of the cooperative refuses to pay the debt voluntarily, the cooperative has the right to collect it in accordance with the procedure established by law.
5.10. In the event of the death of a member of the Cooperative, his share passes to his heirs and they become members of the Cooperative after the execution of the relevant documents. Heirs who refuse to participate in the Cooperative are paid the value of the share.
5.11. Labor relations of cooperative members are governed by this Charter, federal laws, and employees- The Labor Code of the Russian Federation.
The general meeting of the members of the Cooperative determines the forms and systems of remuneration for the members of the cooperative and its employees. Remuneration for labor can be made in cash and (or) in kind on the basis of the regulation on remuneration developed by the general meeting and (or) the Board of the Cooperative.
5.12. The General Meeting establishes the types of disciplinary liability for members of the Cooperative.
Disciplinary sanctions, including dismissal from office, may be imposed on the chairman of the cooperative, members of the board of the cooperative and members of the audit commission (auditor) of the cooperative only by a decision of the general meeting of members of the cooperative, and on other of its officials - by the board of the cooperative.
5.13. Members of the cooperative, taking personal labor participation in its activities, are subject to social and compulsory medical insurance and social security on an equal basis with employees of the cooperative. The time of work in the cooperative is included in the length of service. The main document on the labor activity of a member of a cooperative is a work book.
5.14. Pregnant women according to medical opinion production rates, service rates are reduced, or they are transferred to another job, easier, excluding the impact of adverse production factors, while maintaining the average earnings in the previous job. Pregnant women and citizens with children are provided with maternity leave and parental leave, as well as benefits provided for by the Labor Code of the Russian Federation and other legislation. By decision of the general meeting, additional paid holidays may be established for such citizens.
5.15. For members of the cooperative under the age of eighteen, taking personal labor participation in its work, a reduced working day and other benefits are established as provided for by the Labor Code of the Russian Federation.
5.16. The board of the cooperative concludes a collective agreement with employees of the cooperative.
6. REORGANIZATION AND LIQUIDATION OF THE COOPERATIVE
6.1. The reorganization of the Cooperative is carried out by decision of the general meeting and other grounds provided for by the legislation of the Russian Federation.
6.2. To carry out the reorganization, by the decision of the general meeting, a reorganization commission is created from among the members of the Cooperative, which develops a reorganization plan, draws up a separation balance sheet and submits these documents for approval to the general meeting. By unanimous decision of all members of the Cooperative, the Cooperative may be transformed into a business partnership or company.
6.3. Liquidation of the Cooperative is possible:
By decision of the general meeting of members of the Cooperative;
By the tribunal's decision.
6.3.1. The General Meeting of the Cooperative appoints in agreement with the body exercising state registration legal entities, the liquidation commission and determines, in accordance with the law, the procedure and terms for its liquidation.
6.3.2. From the moment of appointment of the liquidation commission, the powers to manage the affairs of the Cooperative are transferred to it.
6.3.3. The liquidation commission, through the press, notifies all stakeholders on the liquidation of the Cooperative and determines the timeframe during which creditors may submit their claims to the liquidation commission.
6.3.4. The liquidation commission accepts and checks all claims of creditors, identifies accounts receivable, and consolidates the property of the Cooperative.
6.3.5. After all recognized claims of creditors are satisfied in the order established by law, the remaining part of the property of the Cooperative is distributed among the members of the Cooperative in accordance with the size of their share contributions.
6.3.6. The liquidation of the Cooperative is considered completed, and the Cooperative is considered liquidated after making an entry on the liquidation in the Unified State Register legal entities.
7. ACCOUNTING AND REPORTING OF THE COOPERATIVE
7.1. The cooperative maintains operational, statistical and accounting records in accordance with the legislation of the Russian Federation.
7.2. An independent audit organization audits the financial activities of the Cooperative and submits to the general meeting an opinion on the results of the audit.
7.3. The Cooperative keeps records and stores all documentation to be stored in accordance with the legislation of the Russian Federation.
Founders of GSK "____________":
_____________________________________________,
_____________________________________________.
garage building cooperative1. GENERAL PROVISIONS
1.1. The Garage and Construction Cooperative "", hereinafter referred to as the "Cooperative", was created by the decision of the general meeting of the founders, who united on a voluntary basis to meet the needs of members of the Cooperative in the construction of garages.
1.1.1. The founders of the Cooperative are: . Location of the Cooperative: . At this address is the Chairman of the Cooperative.
1.3. The cooperative is a non-profit organization created as a voluntary association of citizens and legal entities on the basis of membership in the form of a specialized consumer cooperative - a garage-building cooperative - in order to meet the needs for garages.
1.4. The full name of the Cooperative in Russian: garage-building cooperative "". Abbreviated name: GSK "".
1.5. The cooperative is created without limiting the period of activity.
1.6. The activities of the Cooperative are not limited to the territory. The activities of the Cooperative are based on the principles of voluntariness, property mutual assistance, self-sufficiency and self-government.
1.7. The cooperative is a legal entity from the moment of state registration, has an independent balance sheet, settlement and other bank accounts, a seal with its name in Russian, a corner stamp, forms and other details.
1.8. The Cooperative may, on its own behalf, make any transactions that do not contradict the legislation of the Russian Federation and this Charter, acquire property and non-property rights and bear obligations, represent the common interests of the members of the Cooperative in state bodies and local governments.
1.9. The cooperative is liable for its debts with all its property. The Cooperative is not liable for the obligations of its members, and the members of the Cooperative are jointly and severally liable for its obligations within the unpaid part of the entry fee of each of the members of the Cooperative.
1.10. The cooperative in its activities is guided by the Civil Code of the Russian Federation, other current legislation of the Russian Federation and this Charter.
2. OBJECTIVES OF THE COOPERATIVE
2.1. The Cooperative was created to meet the needs of citizens - members of the Cooperative in garages by building them at the expense of members of the Cooperative, as well as for the subsequent operation of garages mainly at their own expense.
2.2. To achieve the purpose of the Cooperative's activities specified in clause 2.1 of this Charter, the Cooperative has the right to:
- receive land plots for the construction of garages on them;
- carry out, in accordance with the procedure established by the legislation of the Russian Federation, the construction of garages at the expense of own and borrowed funds;
- purchase the necessary equipment, materials;
- conclude contracts for the development of design estimates, for the provision of services;
- acquire ownership or rent the necessary equipment, units and technical means;
- organize their own service for the protection, cleaning, landscaping of the territory of the garage complex, its repair and maintenance;
- use in their activities the property of members of the Cooperative, the state, municipalities, individuals and legal entities on a reimbursable and non-reimbursable basis;
- receive loans and credits on a contractual basis from state and municipal authorities, individuals and legal entities, including banks;
- carry out other activities consistent with the goals of the Cooperative.
2.3. The cooperative carries out the construction of garages according to standard designs and, as an exception, according to individual projects approved in the prescribed manner, with the obligatory use of standard structural materials. The construction of garages is carried out after the approval of projects in the prescribed manner and after obtaining a building permit.
2.4. The cooperative maintains accounting and statistical records in accordance with the procedure established by law and is responsible for its accuracy.
2.5. The Cooperative keeps records and stores all documentation to be stored in accordance with the legislation of the Russian Federation.
3. PROPERTY OF THE COOPERATIVE
3.1. The cooperative acquires the right of ownership to the property transferred to it by its members as share contributions.
3.2. Members of the Cooperative can pay share contributions in cash and property.
3.3. The property of the Cooperative is formed by:
- entrance and membership share fees, targeted, additional and other contributions of members of the Cooperative;
- voluntary property contributions and donations;
- other receipts not prohibited by the legislation of the Russian Federation.
3.4. The general meeting of members of the Cooperative has the right to form the funds of the Cooperative on the basis of the property belonging to it:
- a share fund, which is formed at the expense of share contributions of members of the Cooperative and is directed to the construction of garages and their operation, other necessary expenses;
- a reserve fund, which is formed by decision of the general meeting at the expense of reserve contributions from the members of the Cooperative; the intended purpose of the fund is to cover the losses of the Cooperative in the event that members of the Cooperative fail to make their share contributions.
3.5. A member of a cooperative is obliged to pay at least ten percent of the share contribution by the time of state registration of the cooperative. The rest of the share contribution is paid within a year after the state registration of the cooperative. The share contribution of a cooperative member may be money, securities, other property, including property rights, as well as other objects of civil rights. Land plots and other natural resources may be a share contribution to the extent that their circulation is allowed by the laws on land and natural resources. The share contribution is assessed:
- in the formation of a cooperative by mutual agreement of the members of the cooperative on the basis of prevailing market prices;
- upon entry into the cooperative of new members by the audit commission of the cooperative. New members of the Cooperative pay a share fee within days from the date of the decision by the general meeting of members on admission to membership in the Cooperative.
3.6. Membership dues are paid monthly and are used for expenses on current activities. Membership dues can be paid throughout the quarter up to the day of the month following the quarter for which dues are due.
3.7. If a member of the Cooperative has not paid a share or membership fee within the prescribed period, then for each day of delay in payment he must pay penalties in the amount of% of the amount of the debt, but not more than the size of the share or membership fee. Penalties are used for the same purposes as the respective contributions.
3.8. The size of the share and membership fees are determined by the general meeting of members of the Cooperative.
3.9. If, after the approval of the annual balance sheet, the Cooperative has losses, the members of the Cooperative are obliged to cover the resulting losses by additional contributions in the amount and within the time period established by the general meeting. At the same time, the term for covering losses should not exceed from the date of approval of the annual balance sheet, which reflects the losses. Responsibility for failure to fulfill the obligation to pay additional contributions on time is similar to the liability measures provided for in clause 3.7 of this Charter. In case of failure to fulfill this obligation, the cooperative may be liquidated in court at the request of creditors.
3.10. The decision to make targeted, additional and other contributions, if necessary, is made by the general meeting of the members of the Cooperative and determines the amount and terms of their payment.
3.11. Income received by a consumer cooperative from entrepreneurial activities carried out by the cooperative in accordance with the law and the charter is distributed among its members.
3.12. The received profit of the Cooperative is distributed among its members in accordance with their personal labor and (or) other participation, the size of the share contribution, and among the members of the cooperative who do not take personal labor participation in the activities of the cooperative, in accordance with the size of their share contribution. Part of the profit of the Cooperative is distributed among its employees by decision of the general meeting of members of the cooperative. The procedure for the distribution of profits is provided by the general meeting.
3.13. The distribution between the members of the Cooperative is subject to the part of the profit of the cooperative remaining after the payment of taxes and other obligatory payments, as well as after the direction of the profit for other purposes determined by the general meeting of the members of the cooperative. The part of the profit of the cooperative, distributed among the members of the cooperative in proportion to the size of their share contributions, should not exceed fifty percent of the profit of the cooperative to be distributed among the members of the cooperative.
4. GOVERNING BODIES OF THE COOPERATIVE
4.1. The governing bodies of the Cooperative are:
- general meeting of members of the Cooperative;
- Board of the Cooperative;
- Chairman of the Cooperative;
- Audit committee.
4.2. The next general meeting of the Cooperative is convened by the Board at least once a year by notifying all members of the Cooperative in writing.
4.2.1. The General Meeting has the right to make decisions if more than % of the members of the Cooperative are present at the meeting.
4.2.2. Decisions on any issues are taken by the general meeting by a majority of votes from the number of members of the Cooperative present, with the exception of questions on the liquidation or reorganization of the Cooperative, the approval of its liquidation balance sheet, which are taken by a majority of votes from among the members of the Cooperative present.
4.2.3. The General Meeting is the supreme governing body of the Cooperative and has the right to make decisions on any issues related to the activities of the Cooperative, incl. within the competence of other bodies, and also has the right to cancel the decisions of the Board. The exclusive competence of the general meeting includes:
- admission to membership and exclusion from members of the Cooperative;
- distribution of garages between members of the Cooperative;
- setting the size of entrance, membership and other types of fees, setting the size of the participation of a member of the Cooperative in the costs of the garage economy;
- approval of the Charter of the Cooperative;
- introduction of amendments and additions to the Charter of the Cooperative;
- election of members of the Board and members of the Audit Commission of the Cooperative;
- approval of the reports of the Management Board and the Audit Commission;
- resolving the issue of liquidation or reorganization of the Cooperative, approval of its liquidation balance sheet;
- consideration of complaints against the Management Board and the Audit Commission.
4.2.5. Extraordinary general meetings may be convened to discuss urgent matters. Extraordinary general meetings are convened at the request of at least members of the Cooperative, the Audit Commission or by decision of the Board of the Cooperative by the interested person (persons).
4.2.6. Decisions of the general meeting are recorded in the minutes of the meeting, signed by the Chairman and the secretary of the meeting.
4.2.7. Decisions of the general meeting are binding on all members of the Cooperative and its bodies.
4.3. The Board of the Cooperative is a collegial executive body elected in the number of at least members of the Cooperative for a period of , which manages the Cooperative in the period between general meetings. The Board is accountable to the general meeting of members of the Cooperative. Meetings of the Management Board are held as needed, but at least once a year. The Board elects from among its members the Chairman of the Board and the Deputy (deputies) of the Chairman of the Board. The Chairman of the Board manages the work of the Board.
4.3.1. The meeting of the Management Board is competent if it is attended by members of the Management Board. Decisions are made by a majority vote of the members of the Management Board. Decisions of the Board are documented in minutes, which are signed by the Chairman of the Board and the Secretary.
4.3.2. The Board of the Cooperative exercises the following powers:
- plans the activities of the Cooperative, draws up estimates, staffing of the apparatus of the Cooperative;
- manages the current activities of the Cooperative, with the exception of issues referred by the Charter to the competence of other bodies of the Cooperative, manages the garage economy;
- receives contributions from members established by the general meeting of members of the Cooperative;
- manages the funds of the Cooperative in accordance with the financial plan approved by the general meeting of members of the Cooperative;
- convenes a general meeting, prepares documents for the meeting;
- approves and submits to the general meeting work plans for the implementation of the statutory activities of the Cooperative, controls the implementation of the decisions made;
- considers proposals and applications of members of the Cooperative;
- represents the Cooperative in government and administration, as well as in relations with legal entities and individuals;
- organizes the implementation of decisions of the general meeting;
- prepares and submits a report on the work of the Board to the general meeting;
- maintains a list of members of the Cooperative;
- fulfills other obligations of the Cooperative.
4.3.3. The Chairman of the Cooperative is the head of the Board of the Cooperative and performs the following actions:
- acts on behalf of the Cooperative without a power of attorney, signs financial documents, assumes obligations, opens and closes bank accounts of the Cooperative, issues powers of attorney;
- issues orders, orders binding on staff members of the Cooperative;
- hiring and firing staff members;
- approves the staffing table, payroll fund, reserve and other funds, as well as the size of official salaries of full-time employees of the Cooperative;
- manages the property of the Cooperative in accordance with the general procedure and directions determined by the general meeting and the Board;
- concludes contracts on behalf of the Cooperative.
4.4. To control the activities of the Cooperative, the general meeting elects the Audit Commission consisting of people for a period of .
4.4.1. The audit of the financial and economic activities of the Cooperative is carried out based on the results of the activities of the Cooperative for the year, as well as on the initiative of the Audit Commission, by decision of the general meeting of members of the Cooperative or at the request of at least members of the Cooperative. The Audit Commission elects the Chairman of the Commission from among its members.
4.4.2. The Audit Commission has the right to demand the convening of an extraordinary general meeting of members of the Cooperative.
4.4.3. Members of the Audit Commission cannot simultaneously hold positions in the governing bodies of the Cooperative. Spouses, relatives, in-laws cannot be members of the Management Board and the Audit Commission.
5. MEMBERSHIP. RIGHTS AND OBLIGATIONS OF COOPERATIVE MEMBERS
5.1. Members of the Cooperative may be citizens who have reached the age of 16. Members of the Cooperative may be its founders and persons subsequently admitted to the Cooperative in accordance with the procedure provided for by this Charter.
5.2. Citizens wishing to become members of the Cooperative submit an application in writing for admission to membership of the Cooperative addressed to the Chairman of the Cooperative, in which they indicate their passport data.
5.3. Admission to the membership of the Cooperative is possible by decision of the general meeting of members of the Cooperative.
5.4. After the general meeting of members of the Cooperative makes a decision on admission to membership and setting a deadline for paying the share contributions of the applicant, he must pay the share fee established by the general meeting of members of the Cooperative, on time in accordance with clause 3.5 of this Charter. The applicant becomes a member of the Cooperative only after paying the share fee. In case of delay in payment of the named contributions, the applicant pays penalties under clause 3.7 of the Charter. If the delay exceeds days, then the decision of the Board of the Cooperative on admission to the membership of the Cooperative becomes invalid, and the admission failed. The funds received from the applicant as a partial payment of the entrance and share fee are returned to him.
5.5. A member of the Cooperative is obliged:
- comply with the Charter, decisions of the general meeting, the Board of the Cooperative and the Audit Commission;
- comply with state technical, fire-prevention, sanitary standards and rules for maintaining a garage;
- make the due contributions on time and in full;
- bear the burden of expenses for the maintenance, repair of the garage, which is in his use (ownership);
- pay all taxes and fees in a timely manner;
- participate in the improvement of the territory of the garage complex;
- participate in the costs of maintenance, repair and operation of common property.
5.6. A member of the Cooperative has the right:
- receive a garage in accordance with the contributed share for use (in ownership);
- access and get acquainted with the reports of the Board, the Audit Commission, other financial documentation, any information about the activities of the Cooperative;
- alienate your garage (share);
- take part in the activities of the general meeting of the Cooperative with the right of one decisive vote;
- receive part of the property of the Cooperative after its liquidation;
- carry out other actions not prohibited by the legislation of the Russian Federation.
5.7. A member of the Cooperative has the right to withdraw from the Cooperative at any time. An application for withdrawal from the Cooperative is submitted by its member to the Chairman of the Cooperative no later than before the withdrawal. Each member of the Cooperative is entitled to receive the value of the share upon leaving the Cooperative. In this case, the value of the share can be paid to a member of the Cooperative in cash or property, including immovable. A person who has withdrawn from the members of the Cooperative may receive the value of the share within a period after the end of the financial year. A member of the Cooperative who has fully paid a share contribution may, at his own request, remain in the Cooperative or withdraw from it at any time.
5.8. A member of the Cooperative may be expelled from the Cooperative on the basis of a decision of the general meeting, provided:
- failure to fulfill the obligations established by the Charter or the general meeting of the Cooperative;
- violations of the Charter, the rules for maintaining a garage provided to him for use;
- causing damage to the property of the Cooperative, its activities and reputation by its actions.
5.9. The excluded member of the cooperative must be notified in writing no later than before the date of the general meeting of the members of the cooperative and has the right to provide his explanations to the said meeting. The amount of the share contribution made by such a member is reimbursed by the Cooperative to the member within a period without accruing interest or any penalties. The decision to expel from the cooperative may be appealed to the court. The presence of a debt of a member of the cooperative cannot serve as a basis for refusing to exercise his right to withdraw from the cooperative. If the former member of the cooperative refuses to pay the debt voluntarily, the cooperative has the right to collect it in accordance with the procedure established by law.
5.10. In the event of the death of a member of the Cooperative, his share passes to his heirs, and they become members of the Cooperative after the execution of the relevant documents. Heirs who refuse to participate in the Cooperative are paid the value of the share.
5.11. Labor relations of cooperative members are regulated by this Charter, federal laws, and employees - by the Labor Code of the Russian Federation. The general meeting of the members of the Cooperative determines the forms and systems of remuneration for the members of the cooperative and its employees. Remuneration for labor can be made in cash and (or) in kind on the basis of the regulation on remuneration developed by the general meeting and (or) the Board of the Cooperative.
5.12. The General Meeting establishes the types of disciplinary liability for members of the Cooperative. Disciplinary sanctions, including dismissal from office, may be imposed on the chairman of the cooperative, members of the board of the cooperative and members of the audit commission (auditor) of the cooperative only by a decision of the general meeting of members of the cooperative, and on other of its officials - by the board of the cooperative.
5.13. Members of the cooperative, taking personal labor participation in its activities, are subject to social and compulsory medical insurance and social security on an equal basis with employees of the cooperative. The time of work in the cooperative is included in the length of service. The main document on the labor activity of a member of a cooperative is a work book.
5.14. Pregnant women, in accordance with a medical report, are reduced production rates, service rates, or they are transferred to another job, easier, excluding the impact of adverse production factors, while maintaining the average earnings from their previous job. Pregnant women and citizens with children are provided with maternity leave and parental leave, as well as benefits provided for by the Labor Code of the Russian Federation and other legislation. By decision of the general meeting, additional paid holidays may be established for such citizens.
5.15. For members of the cooperative under the age of eighteen, taking personal labor participation in its work, a reduced working day and other benefits are established as provided for by the Labor Code of the Russian Federation.
5.16. The board of the cooperative concludes a collective agreement with employees of the cooperative.
6. REORGANIZATION AND LIQUIDATION OF THE COOPERATIVE
6.1. The reorganization of the Cooperative is carried out by decision of the general meeting and other grounds provided for by the legislation of the Russian Federation.
6.2. To carry out the reorganization, by the decision of the general meeting, a reorganization commission is created from among the members of the Cooperative, which develops a reorganization plan, draws up a separation balance sheet and submits these documents for approval to the general meeting. By unanimous decision of all members of the Cooperative, the Cooperative may be transformed into a business partnership or company.
6.3. Liquidation of the Cooperative is possible:
- by decision of the general meeting of members of the Cooperative;
- By the tribunal's decision.
6.3.1. The General Meeting of the Cooperative appoints, in agreement with the body that carries out state registration of legal entities, a liquidation commission and determines, in accordance with the law, the procedure and terms for its liquidation.
6.3.2. From the moment of appointment of the liquidation commission, the powers to manage the affairs of the Cooperative are transferred to it.
6.3.3. The liquidation commission, through the press, notifies all interested parties of the liquidation of the Cooperative and determines the time frame during which creditors can submit their claims to the liquidation commission.
6.3.4. The liquidation commission accepts and checks all claims of creditors, identifies accounts receivable, and consolidates the property of the Cooperative.
6.3.5. After all recognized claims of creditors are satisfied in the order established by law, the remaining part of the property of the Cooperative is distributed among the members of the Cooperative in accordance with the size of their share contributions.
6.3.6. The liquidation of the Cooperative is considered completed, and the Cooperative is considered liquidated after an entry on liquidation is made in the Unified State Register of Legal Entities.
7. ACCOUNTING AND REPORTING OF THE COOPERATIVE
7.1. The cooperative maintains operational, statistical and accounting records in accordance with the legislation of the Russian Federation.
7.2. An independent audit organization audits the financial activities of the Cooperative and submits to the general meeting an opinion on the results of the audit.
7.3. The Cooperative keeps records and stores all documentation to be stored in accordance with the legislation of the Russian Federation.
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