The new charter gsk. Where to request the charter of the gsk

A garage cooperative is represented by a specific organization consisting of several members. 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 there are often difficulties in obtaining 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. A lot of 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 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 different examples of charters of similar organizations on the Internet. The charter of a garage cooperative must take into account the individual characteristics of a particular 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 deal with 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 formation of 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 activities and receive 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. Additionally, 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 exclude a participant is made at the 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. For future buildings, the cadastral passport is drawn up by the participants of the cooperative.

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 ownership of the applicant.

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 rule, 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?

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, 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:

  • the rules and requirements of fire safety are observed during the construction and operation of any premises;
  • 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.

Or simply OKOPF, as it will be called below), refers to a grouping of non-profit organizations and a subgroup of consumer cooperatives.

It should be clarified what is meant by a non-profit organization and a consumer cooperative.

A non-profit organization (NPO) is a kind of legal entity (that is, a company, firm, economy, or, as in our case, a cooperative), which does not aim to obtain financial benefits through its activities.

If such an organization also receives a profit, for example, in the form of contributions, then, as a rule and ideally, it is not distributed among its participants.

consumer cooperative is an association of individuals or legal entities on a voluntary basis, created to satisfy certain needs of its members. This is regulated by Art. 123.2 and 123.3 of the Civil Code of the Russian Federation (hereinafter simply the Civil Code of the Russian Federation).

Civil Code of the Russian Federation Article 123.3. Obligation of members of a consumer cooperative to make additional contributions

  1. Within three months after the approval of the annual balance, the members of the consumer cooperative are obliged to cover the resulting losses by making additional contributions. In case of failure to fulfill this obligation, the cooperative may be liquidated in court at the request of creditors.
  2. Members of a consumer cooperative jointly and severally bear subsidiary liability for its obligations within the limits of the unpaid part of the additional contribution of each of the members of the cooperative.

What is the structure of the governing bodies of the cooperative? What is known about his competence?

The governing bodies of the cooperative consist of a certain number of members of the cooperative and a director (head), elected for a period of two years.

  • The board may consist of at least 7 people;
  • the chairman is selected from among the members of the board;
  • its members may be recalled by the general meeting if they do not properly comply with their obligations.

What are the powers of the board?

What are the rights and obligations of the members of this body?

In order to fully perform their duties, members of the board have the full right to:

  • demand from the participants of the cooperative all reliable information and documentation that allows them to fully conduct their activities; all documents must be submitted within 5 days;
  • submit various agendas for board meetings;
  • raise for consideration the issue of compensation for the costs associated with the implementation of the instructions of the Chairman;
  • demand explanations from employees of the cooperative on financial and economic issues;
  • require the chairman to hold an unscheduled meeting of the board if gross violations in the conduct of economic or financial activities have been identified;

Board members undertake:

  1. participate in all meetings.
  2. Strictly observe the rights and obligations.
  3. Conscientiously and on time to fulfill the instructions of the head of the cooperative.
  4. When performing duties, act reasonably and in the interests of ordinary members of the cooperative.
  5. Be liable to GSK by providing compensation for material damage caused.

Powers of board members

The work of the cooperative is organized by the chairman, who is elected by the general meeting.

His responsibilities include:


All decisions are described in a special document - the minutes of the meeting, which should indicate:

  1. place and time of the meeting.
  2. Meeting participants.
  3. Agenda.
  4. Abstracts of statements of participants' decisions on the issues raised.
  5. Actually decisions.

At the end of the meeting of the board and the chairman, the minutes are signed. A copy of the protocols can be obtained at will by any member of the garage society.

After the decisions on the agenda have been announced and approved, they are translated into reality by distributing responsibilities and assignments among the participants of the garage-building cooperative.

Members of the board are obligated to inquire about the progress of the assignment.

If certain difficulties arise in their implementation, then the members of the governing body must be notified in a timely manner, and they will report to the chairman.

And then, perhaps, an unscheduled meeting with a discussion of the shortcomings of the executed instructions will be required.

Charter GSK

The charter of a garage-building cooperative is the main document that directly regulates all activities carried out in the community.

Its content should not contradict both the civil legislation of the state and other laws of the Russian Federation. Compiled in accordance with Art. 123.2 entitled "Basic Provisions on Consumer Cooperatives" and the law "On Consumer Cooperatives in the Russian Federation".

The main document of the garage consumer cooperative

This statute must include:

  • information about the name of the cooperative and the actual address at which it is located;
  • information about the purpose for which the association was created;
  • information on the conditions for payment of shares and membership fees, as well as on liability in cases where this obligation is evaded;
  • information on the competences of the cooperative bodies;
  • information about the rules for making decisions.

REFERENCE. The name of the CPC must necessarily indicate the main purpose of the activity, as well as the word "cooperative".

Charter GSK

This fundamental document on the activities of GCW consists of such items.

  1. General provisions. This clause defines the GCW and provides information about its general purpose. It is indicated who the founders are (the names of all founders of the cooperative are indicated).

    Both the address of the cooperative itself and the location of the chairman are indicated. Be sure to attach information about the title and other documents of the legal entity.

  2. Goals. The first subparagraph says what activities this association implements. The next sub-item describes at length what GSK mainly does, namely, it supervises the construction of new garage boxes.

    In addition, it is clarified that the powers of the garage society to conduct other activities that are consistent with all legal documents regulating the existence of consumer cooperatives.

  3. Property. All ambiguities related to the payment of various contributions are clarified here, without leaving readers with additional questions.
  4. Management bodies of the garage society. The management hierarchy and the principles of its work, the competence of the governing bodies are described.
  5. Membership. What are the obligations of the members of the cooperative and what they have the right to do.

    Who can become a member of the GSK and what rights and obligations, along with the entry, will befall him. That is what this paragraph is about.

  6. Accounting and reporting. Information on how GCJ participants become aware of the work done by the cooperative.
  7. The procedure for the implementation of the guarantee and attraction of borrowed funds in the community. Information on what to do if a participant in corporate relations does not have the opportunity to contribute a share.
  8. Reorganization and liquidation of the team. On what grounds do reorganization processes take place in the team and what needs to be done for this.

The main document of the garage operating cooperative

In general, the structure of the charter of the SEC as a whole corresponds to the structure of the charter of the GSK.

As a rule, a garage-operating cooperative is usually a synonym for GSK.

Since by studying the charters of various garage societies, one can understand that the essence of their work is the same, regardless of the name of the association.

Its validity period

Since the garage-building society itself is created on an indefinite basis, as stated in the charter (“1.5. The cooperative is created without limiting the period of activity”), then this document itself is terminated, as a rule, only in cases of liquidation of the GSK.

Conclusion

As you can see, the organization of the GSK is a process that requires a patient approach, thorough knowledge of the law and imposes a lot of responsibility on the persons who have become its founders and leaders.

APPROVED
General meeting of founders
cooperative _______________
Protocol N ________________
from "___" ___________ ____

CHARTER of the garage cooperative "_____________________"

G. _______________

_____ G.

1. GENERAL PROVISIONS

1.1. The garage cooperative "_______________", hereinafter referred to as the "Cooperative", was established by the decision of the General Meeting of Founders, who united on a voluntary basis to meet the needs of members of the Cooperative in the acquisition and construction of garages.

1.1.1. The founders of the Cooperative are: - ________________________________________________________________________; (for an individual: full name (if any); details of an identity document; address of registration and place of residence; for a legal entity: full and abbreviated names, legal form; PSRN numbers, TIN; information about a document confirming the fact of state registration; location address; for all: phone number; email address) - ____________________________________________________________________; - ________________________________________________________________________.

1.2. 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 cooperative - in order to meet the needs of garages.

1.4. Full name of the Cooperative in Russian: Garage cooperative "_______________".

Abbreviated name: GK "_______________".

Full name in ___________________________________________ language: (in a foreign language or the language of the peoples of the Russian Federation) "_______________". Abbreviated name in ____________________________________ language: (in a foreign language or the language of the peoples of the Russian Federation) "_______________".

1.5. The cooperative is created without limiting the period of activity.

Option: The duration of the Cooperative is _____ (__________) year(s)(s).

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

1.7. A cooperative is a legal entity from the moment of state registration 1 , 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 law and this Charter, acquire property and non-property rights, bear obligations, represent the common interests of 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 additional contribution of each of the members of the Cooperative.

1.10. The cooperative in its activities is guided by the Civil Code of the Russian Federation, Federal Law No. 7-FZ of January 12, 1996 "On Non-Commercial Organizations", other current legislation of the Russian Federation 2 and this Charter.

2. OBJECTIVES OF THE COOPERATIVE

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

2.2. The main activities of the Cooperative are:

Accumulation of financial resources and material resources of members of the Cooperative;

Payment at the expense of the members of the Cooperative for the cost of the garages declared by them for construction or acquisition through the Cooperative within the time and on the terms determined by the agreement between the Cooperative and each of its members;

Putting real estate objects acquired for a member of the Cooperative on the balance sheet of the Cooperative and keeping them on the balance sheet until this member of the Cooperative pays the full cost of the specified garages to the Cooperative;

Transfer of a garage purchased for a member of the Cooperative and fully paid for by him into the ownership of a member of the Cooperative;

Transfer of a garage purchased for a member of the Cooperative and not fully paid for by him into the ownership of a member of the Cooperative upon providing the necessary guarantees;

Provision by the Cooperative to its members of the necessary guarantees for them to obtain loans, purchase securities, and other property;

Participation in equity investment in the construction of garages at the expense of share contributions of its members;

Other types of activities that the Cooperative is entitled to carry out in accordance with the current legislation of the Russian Federation.

If certain types of activities, in accordance with the current legislation of the Russian Federation, are licensed, the Cooperative has the right to carry out this type of activity only after obtaining the appropriate license.

2.3. In order to achieve the goals defined by the Charter, the Cooperative has the right to:

Conclude equity investment agreements for the construction of garages, as well as all other structures that make up the garage complex;

Purchase the necessary equipment;

Conclude contracts for the development of design and estimate documentation;

Acquire ownership or rent the necessary equipment, units and technical means;

Use bank loans with the consent of the General Meeting of members of the Cooperative;

Organize your own service for the protection, cleaning, landscaping of the territory of the garage complex, its repair and maintenance;

Conclude contracts for the provision of services;

Carry out entrepreneurial activities in accordance with the objectives of the Cooperative 3 ;

Lease land plots and carry out, in accordance with the procedure established by the legislation of the Russian Federation, the construction of garages, other objects of modern social infrastructure at the expense of own and borrowed funds;

To carry out, in accordance with the procedure established by law, investing in the construction of garages, other objects of modern social infrastructure at the expense of own and borrowed funds;

Attract legal entities and individuals as investors on mutually beneficial terms for the purposes of construction and investment in the construction of garages, other objects of modern social infrastructure;

Acquire from the state, municipalities, individuals and legal entities the goods necessary for their activities;

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 the state, municipalities, individuals and legal entities;

Sell ​​and transfer goods and other property to the state, municipalities, individuals and legal entities on a reimbursable and non-reimbursable basis, provide services, perform work;

To write off fixed and working capital from the balance in case of their material or moral obsolescence;

Create other non-profit organizations and join associations and unions;

Carry out other activities consistent with the goals of the Cooperative.

2.4. The cooperative must:

Comply with the legislation of the Russian Federation, the generally recognized principles and norms of international law relating to the scope of its activities, as well as the norms provided for by the Charter and other internal documents of the Cooperative;

Keep accounting records and statistical reporting in accordance with the procedure established by the legislation of the Russian Federation;

Provide information about their activities to state statistics and tax authorities, founders and other persons in accordance with the legislation of the Russian Federation and the constituent documents of the Cooperative;

Carry out other duties in accordance with the current 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 a share contribution.

3.2. Members of the Cooperative can pay their share contributions not only in cash, but also in other 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;

Income from business activities;

Income from the use of the property of the Cooperative;

Dividends (income, interest) received on shares, bonds and other securities;

Other receipts not prohibited by the legislation of the Russian Federation.

3.4. The General Meeting of Members forms the funds of the Cooperative on the basis of its property:

A share fund, which is formed at the expense of share contributions and share borrowings of members of the Cooperative and is directed to the acquisition of real estate and other property for members of the Cooperative, the payment of dividends to members of the Cooperative and the provision of loans to them;

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 intended purpose of the fund is to cover the losses of the Cooperative in the event that the members of the Cooperative do not contribute their shares;

The indivisible fund, which is formed from the entrance and membership fees of all members of the Cooperative, is used to maintain the apparatus of the Cooperative and is not subject to distribution among the members of the Cooperative under any circumstances;

The guarantee fund, which is formed from share guarantee contributions, is intended to cover the expenses of the Cooperative on the guarantee.

3.5. A member of the Cooperative is obliged to pay at least _____ (__________) 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 member of the Cooperative 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 turnover is allowed by the laws on land and natural resources.

The assessment of the share contribution is carried out:

When the 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 contribution within _____ (__________) day(s) from the date of the decision of the General Meeting of Members on admission to membership in the Cooperative.

Evaluation of a share contribution exceeding _____ (__________) rubles must be made by an independent appraiser.

3.6. Membership fees are paid _______________ (option: monthly; quarterly; semi-annually; annually) and are used for the costs of current activities.

Option: Membership dues may be paid throughout the quarter (option: year) until the _____ of the month following the quarter (option: year) 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 the 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 limits established by the General Meeting. Responsibility for failure to fulfill the obligation to pay additional contributions on time is similar to the liability measures provided for in clause 3.6 of this Charter. In case of failure to fulfill this obligation, the Cooperative may be liquidated in court at the request of creditors.

3.10. The decision to make earmarked contributions, if necessary, is taken by the General Meeting of Members and determines the amount and timing of their payment.

3.11. The income received by the Cooperative from entrepreneurial activities carried out by the Cooperative in accordance with the current legislation of the Russian Federation and this Charter is distributed among its members in the manner established by the General Meeting of the Cooperative's members.

4. MANAGEMENT BODIES OF THE COOPERATIVE. AUDITOR

4.1. The governing bodies of the Cooperative are:

Board of the Cooperative;

Chairman of the Cooperative;

Auditor;

- ________________________________________________________________________. (if necessary, indicate other bodies of the Cooperative, for example, the board of trustees (supervisory))

4.2. The next General Meeting is convened by the Board at least 1 (one) time per 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. To make decisions on issues related to liquidation or reorganization, the presence of all members of the Cooperative is required.

4.2.2. The General Meeting is the supreme governing body of the Cooperative and has the right to make decisions on any issues 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 main function of the General Meeting is to ensure that the Cooperative complies with the goals for which it was created.

The exclusive competence of the General Meeting includes:

Approval of the Charter of the Cooperative;

Amendments and additions to the Charter of the Cooperative;

Deciding on the opening of representative offices, the creation of branches, participation in business companies, non-profit organizations, the creation of business companies, cooperatives, non-profit organizations;

Election of the Auditor, members of the Board of the Cooperative and the Chairman of the Cooperative;

Approval of the reports of the Board and the Auditor;

Approval of the annual report and annual balance sheet;

Approval of the financial plan of the Cooperative and making changes to it;

Deciding on the reorganization of the Cooperative;

Resolution of the issue of liquidation of the Cooperative, approval of its liquidation balance sheet, decision on the reorganization of the Cooperative, approval of the reorganization plan;

Determination of the main activities of the Cooperative, the principles of formation and use of its property;

Making a decision on the alienation of the real estate of the Cooperative;

Making a decision to conclude a transaction for an amount exceeding _____ (__________) rubles.

4.2.3. Each member of the Cooperative has 1 (one) vote, regardless of the size of the share contribution.

The decision of the General Meeting on the issues specified in clause 4.2.2 is taken unanimously (option: by a qualified majority of votes).

4.2.4. A written notice of the convening of the General Meeting is handed over to the members of the Cooperative against receipt or sent by registered mail _____ (__________) day (s) before the expected date of the General Meeting, indicating the place, date, time of the meeting and with the agenda of the General Meeting attached.

4.2.5. The procedure for conducting and adopting a decision by the General Meeting is established by the regulations of the General Meeting (option: Regulations on the General Meeting), developed and approved at the first General Meeting.

4.2.6. Extraordinary General Meetings may be convened to discuss urgent matters. Extraordinary General Meetings may be convened at the request of at least _____ (__________) members of the Cooperative, the Auditor, by decision of the Board and the Chairman of the Cooperative.

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

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

4.3. The Board of the Cooperative is a collegial executive body elected from _____ (__________) members of the Cooperative for a period of _____ (__________) year(s) (years), exercising current management of the Cooperative between General Meetings. Meetings of the Management Board are held at least _____ (__________) times in _______________ (option: month; quarter; half a year; year).

The work of the Board is managed by the Chairman of the Board.

The Board in its activities is guided by the Regulations on the Board, approved by the General Meeting.

4.3.1. The meeting of the Management Board is competent if _____ (__________) members of the Management Board are present at it. Decisions are made by _____ (__________) votes 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:

Resolves issues of admission to the membership of the Cooperative and exclusion from it;

Determines the amount of entrance, share, additional, membership and other fees and sets the deadlines for their payment;

Makes decisions on making a target contribution, approves the amount and terms of making and directions for their use;

Approves the procedure for covering the losses of the Cooperative;

Plans the economic and financial activities of the Cooperative;

Solves the issue of creating branches of the Cooperative;

Approves the cost estimate and staffing of the Cooperative apparatus;

Manages the current activities of the Cooperative, with the exception of issues referred by the Charter to the competence of other bodies of the Cooperative;

Is the main manager of loans and controls the correct spending of funds by the Cooperative;

Convenes the General Meeting, prepares documents for the meeting;

Approves and 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;

Approves the internal documents of the Cooperative, with the exception of documents, the approval of which is within the competence of the General Meeting;

Approves and amends the Regulations on the procedure for paying shares and other payments by members of the Cooperative and providing them with garages and other infrastructure, the Regulations on the Auditor of the Cooperative, 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 trade secret of the Cooperative;

Concludes contracts for the implementation of entrepreneurial activities by the Cooperative.

4.3.3. The Chairman of the Cooperative is the head of the Board of the Cooperative and 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 the staff list, payroll, reserve and other funds, as well as the size of official salaries of full-time employees of the Cooperative;

Disposes of the property of the Cooperative in accordance with the general procedure and directions determined by the General Meeting and the Board;

Concludes contracts on behalf of the Cooperative.

4.4. To control the activities of the Cooperative, the General Meeting elects the Auditor for a period of _____ (__________) year(s) (years).

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 Auditor, the decision of the General Meeting of the members of the Cooperative or at the request of at least _____ (__________) members of the Cooperative.

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

4.4.3. The Auditor has the right to demand the convening of an extraordinary General Meeting of members of the Cooperative.

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

4.4.5. The Auditor carries out his activities in accordance with the Regulations on the Auditor, approved by the General Meeting.

4.5. _______________________________________________________________. (name, procedure for creation, term of office and competence of other bodies of the Cooperative in case of their creation)

5. MEMBERSHIP. RIGHTS AND OBLIGATIONS OF COOPERATIVE MEMBERS

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

Option: Foreign citizens and stateless persons legally residing in the Russian Federation may be members of the Cooperative, with the exception of cases established by international treaties of the Russian Federation or federal laws 4 .

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.

5.3. 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 decision of the General Meeting.

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 _____ (__________) day(s) from the date of the decision, pay the entrance fee and part of the share fee established by the Board of the Cooperative.

The applicant becomes a member of the Cooperative only after paying the entrance fee and part of the share fee.

In case of delay in payment of the said contributions, the applicant pays penalties in the amount of _____% of the amount owed for each day of delay. If the delay exceeds _____ (__________) day(s), then the decision of the Board of the Cooperative on admission to membership in the Cooperative becomes invalid, and the admission becomes invalid.

The funds received from the applicant as an introductory and partial payment of the share fee are returned to him.

5.5. A member of the Cooperative is obliged:

Comply with the provisions of the Charter, decisions of the General Meeting, the Board of the Cooperative and the Auditor;

Comply with state technical, fire, sanitary standards and rules for maintaining a garage;

Timely and in full to pay the contributions established by the Charter and the General Meeting;

Bear the burden of maintaining and repairing a garage owned by a member of the Cooperative;

Timely pay all taxes and fees established by the state on real estate;

Participate in the improvement of the territory of the garage complex;

Participate in the costs of maintaining, repairing and operating public property;

Report to the Board of the Cooperative about the proposed alienation of their garage;

Comply with the rules for using the garage, approved by the General Assembly;

Participate in general events held by the Cooperative;

Take care of the property of the Cooperative, do not harm it, use it for its intended purpose;

Within 3 (three) months after the approval of the annual balance sheet, cover the resulting losses through additional contributions.

5.6. A member of the Cooperative has the right:

Participate in the management of the Cooperative;

Conclude an agreement with the Board of the Cooperative on the use of engineering networks and common property of the Cooperative for a reasonable fee upon withdrawal from the members of the Cooperative;

Receive any information about the activities of the Cooperative;

Get access to and get acquainted with the reports of the Board, the Auditor, the conclusions of an independent auditor and other financial documentation;

Alienate your garage and share in common property;

To use as a matter of priority the equipment and equipment of the garage complex;

To take part in the activities of the General Meeting with the right of one decisive vote;

Receive part of the property of the Cooperative, except for its indivisible fund, after its liquidation;

Carry out other actions not prohibited by the legislation of the Russian Federation.

5.7. A member of the Cooperative has the right to 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 _____ (__________) _______________ (option: day(s); week; month(s)) before 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 Cooperative may receive the value of the share within _____ (__________) day(s) (month(s)) 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 this Charter or the General Meeting;

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 _____ (__________) day(s) before the date of the General Meeting and has the right to provide his explanations to the specified meeting. The amount of the share contribution made by such a member shall be reimbursed by the Cooperative to the member within _____ (__________) day(s) without accruing interest or any penalties.

The decision to expel from the Cooperative may be appealed to the court in accordance with the current legislation of the Russian Federation.

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 accordance with the procedure established by the legislation of the Russian Federation.

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 members of the Cooperative are governed by this Charter, federal laws, and employees - by the Labor Code of the Russian Federation.

The General Meeting determines the forms and systems of remuneration for 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, 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 decision of the General Meeting, 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 the 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 granted leave for pregnancy, childbirth and child care, as well as benefits provided for by the Labor Code of the Russian Federation and other legislation of the Russian Federation. By decision of the General Meeting such citizens may be granted additional paid holidays.

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. ACCOUNTING AND REPORTING OF THE COOPERATIVE

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

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

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

7. REORGANIZATION AND LIQUIDATION OF THE COOPERATIVE

7.1. 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.

7.2. 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.

7.3. A cooperative is considered to be reorganized, except for cases of reorganization in the form of affiliation, from the moment of state registration of the newly established organization (organizations).

When reorganizing the Cooperative in the form of joining another organization to it, it is considered reorganized from the moment an entry is made in the Unified State Register of Legal Entities on the termination of the activities of the affiliated organization.

7.4. Liquidation of the Cooperative is possible:

By decision of the General Meeting;

By the tribunal's decision.

7.4.1. The general meeting of the Cooperative or the body that made the decision to liquidate it appoints, in agreement with the body that carries out state registration of legal entities, a liquidation commission and determines, in accordance with the legislation of the Russian Federation, the procedure and terms for its liquidation.

7.4.2. From the moment of appointment of the liquidation commission, the powers to manage the affairs of the Cooperative are transferred to it. The liquidation commission, on behalf of the liquidated Cooperative, acts in court.

7.4.3. 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.

7.4.4. The liquidation commission accepts and carefully checks all the claims of creditors, identifies accounts receivable, and consolidates the property of the Cooperative.

7.4.5. Upon liquidation of the Cooperative, the property remaining after the satisfaction of creditors' claims, unless otherwise established by Federal Law No. 7-FZ of January 12, 1996 "On Non-Commercial Organizations" and other federal laws, is distributed among the members of the Cooperative (option: sent in accordance with this Charter for purposes, in whose interests the Cooperative was created and (or) for charitable purposes).

7.4.6. 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.

8. PROCEDURE FOR INTRODUCING CHANGES AND ADDITIONS TO THE CHARTER

8.1. Changes and additions to the Charter approved by the General Meeting are subject to state registration.

8.2. State registration of changes and additions to the Charter of the Cooperative is carried out in the manner prescribed by the current legislation of the Russian Federation.

8.3. Changes and additions to the Charter of the Cooperative come into force from the moment of their state registration.

1 A non-profit organization is subject to state registration in accordance with Federal Law No. 129-FZ of August 8, 2001 "On State Registration of Legal Entities and Individual Entrepreneurs", taking into account the procedure established by Federal Law No. 7-FZ of January 12, 1996 "On Non-Commercial Organizations" registration of non-profit organizations (Article 13.1).

2 It should be taken into account that the Law of the Russian Federation of June 19, 1992 N 3085-1 "On consumer cooperation (consumer societies, their unions) in the Russian Federation" does not apply to specialized consumer cooperatives, including garage cooperatives.

3 A non-profit organization may carry out entrepreneurial and other income-generating activities only in so far as this serves to achieve the goals for which it was created and meets the specified goals, provided that such activities are indicated in its constituent documents (clause 2, article 24 of the Federal Law of 01/12/1996 N 7-FZ "On non-profit organizations").

4 According to paragraph 1.2 of Art. 15 of the Federal Law of January 12, 1996 N 7-FZ "On non-profit organizations" cannot be a member of a non-profit organization:

1) a foreign citizen or a stateless person in respect of whom, in accordance with the procedure established by the legislation of the Russian Federation, a decision has been made on the undesirability of their stay (residence) in the Russian Federation;

2) a person included in the list in accordance with paragraph 2 of Article 6 of Federal Law No. 115-FZ of August 7, 2001 "On Counteracting the Legalization (Laundering) of Criminally Obtained Funds and the Financing of Terrorism";

3) a public association or a religious organization whose activities have been suspended in accordance with Article 10 of Federal Law No. 114-FZ of July 25, 2002 "On Combating Extremist Activities";

4) a person in respect of whom, by a court decision that has entered into legal force, it has been established that his actions contain signs of extremist activity;

5) a person who does not comply with the requirements of federal laws for members of a non-profit organization that determine the legal status, the procedure for the creation, operation, reorganization and liquidation of certain types of non-profit organizations.

A garage cooperative is the organizational and legal form of a legal entity of a non-profit organization.

When and who composes?

The resolution on the intention to create a garage community of citizens is taken by one founder or two or more founders. In the second case, a vote is held on issues of joint activities to create a legal entity.

Important! The fundamental moment for organizing a cooperative is the creation of an initiative group that develops a charter.

The charter of a consumer garage cooperative works out the entire process of the activity of a garage association on the basis of legislation. After the charter is created, the founder or founders fix the decision to approve the charter. The next step is the registration process.

The main content of the charter

In the text of paragraph 4 of Art. 52 of the Civil Code of the Russian Federation states that the charter of the GSK must necessarily contain information about the name of the legal entity, the organization of the legal form (in the situation being analyzed, this is a garage cooperative), the location of the garage buildings, and the streamlining of activity management.

The charter defines the goals and the subject of the functioning of the cooperative. The legal possibilities and obligations of the participants of the organization are described.

From the fact of state registration, a cooperative association, registered as a legal entity, maintains an independent balance sheet, registers the opening of a bank account, owns a seal, a corner stamp, its own forms and details.

You will see how to formally reflect all these requirements in the sample charter of the GSK presented below.

How to comply with legal requirements?

The initiative group, having created a draft charter, approves it at the founding meeting, filling out a protocol form with a recorded fact of its adoption. The model charter of the GSK in the new edition requires the reflection in it of the main points:

  • membership;
  • financing;
  • property and its status;
  • withdrawal from the membership, exclusion for non-fulfillment of obligations.

Main points of the document

The charter of a garage building cooperative must contain the following eight main points:

  • sign contracts of an investment nature, maintenance of design and estimate documentary materials, agreements for the provision of services;
  • organize the purchase of the required equipment;
  • rent land and technical equipment;
  • request credit and loans from the state;
  • accept on balance or write off funds, etc.
  • Cooperative property. Methods of property security:
    • entrance, membership fees;
    • donations on a charity platform;
    • profit from entrepreneurial activities, if any;
    • interest on securities;
    • income from the operation of property objects.

    The General Assembly accumulates funds:

    • share;
    • spare;
    • indivisible;
    • surety.

    Important! This paragraph describes the procedure for paying and the amount of the share fee, systematic membership payments, required earmarked contributions.

  • Management bodies of the cooperative:
    • general meeting;
    • governing body;
    • chairman;
    • auditor.

    It describes the functioning of the higher management body - the general meeting, which adopts resolutions in areas, among which it is necessary to highlight:

    • approval of the charter;
    • fixing changes and additional information in the charter;
    • elective events of the auditor, chairman and board;
    • coordination of activities;
    • studying the reporting data of the board and the auditor;
    • settlement of the problem of liquidation or reorganization of the cooperative community, etc.

    In the time intervals between meetings, administration is carried out by the executive body - the board, which has a number of authorized actions. 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.
  • Accounting and reporting.
  • Statistics, accounting and accompanying operational documentation are maintained, which are subject to audit.

    Important! Audit inspection is carried out by both the internal auditor and the external commission.

  • The procedure for issuing a guarantee and attracting borrowed funds The voiced opportunity is provided to the participants of the cooperative.
  • Reorganization and liquidation.
  • The organizational issue of the reorganization is considered by the general meeting, a commission is selected and a phased route for the reorganization is developed.

    It also describes the rules for the liquidation of a cooperative with the introduction of information into the Unified State Register of Legal Entities.

    How to make changes

    By resolution of the general meeting, amendments or additions are made to the charter of the garage cooperative. According to Art. 52 of the Civil Code of the Russian Federation and Art. 18 of the Federal Law No. 129 of 08.08.2001 (as amended on 12.28.2016) “On State Registration of Legal Entities and Individual Entrepreneurs” (as amended and supplemented, effective from 01.01.2017), the amended data are reflected in the protocol and registered in the Unified State Register of Legal Entities.

    The charter of a garage cooperative is a fundamental business source, reflecting the details of its existence within the framework of legislative requirements. Its writing is a time-consuming and complex process, but knowing the legal framework and the main points of its content, the initiative group creates and registers a legally competent charter.

    We hope that in our article you have familiarized yourself with the model of the charter of the GSK in the new edition. Good luck!

    Legal advice:

    1. Does a non-member of the garage cooperative have the right to question the points of the charter.

    1.1. A member of the garage cooperative has the right to ask at the general meeting to include in the agenda of the meeting the issue of amending the Charter. It also has the right to appeal to the court the decision of the general meeting.

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    2. How to leave the members of the garage cooperative, is this prohibited in the charter?

    2.1. Law of the Russian Federation of 06/19/1992 N 3085-1 (as amended on 07/02/2013) "On consumer cooperation (consumer societies, their unions) in the Russian Federation"
    Article 13. Termination of membership in a consumer society

    1. Membership in a consumer society is terminated in the following cases:
    voluntary exit of the shareholder;

    exclusion of a shareholder;
    liquidation of a legal entity that is a shareholder;
    death of a citizen who is a shareholder;
    liquidation of the consumer society.
    2. The shareholder's application for voluntary withdrawal from the consumer society is considered by the council of the society. The exit of the shareholder is carried out in the manner prescribed by the charter of the consumer society.
    Apply with a statement of withdrawal to the chairman of the cooperative.

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    3. What law does the charter of the garage cooperative refer to?

    3.1. Federal Law No. 215-FZ of December 30, 2004 "On Housing Savings Cooperatives"

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    4. Is the charter of a garage cooperative a normative legal act?

    4.1. yes, you act on its basis and repel from it.

    Did the answer help you? Not really

    5. Charter of the garage cooperative.

    5.1. What is your question about?

    Did the answer help you? Not really

    6. Is the activity of a garage cooperative regulated by anything other than the Civil Code of the Russian Federation and its charter?

    6.1. in principle only by indirect regulations

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    7. Turned off the light in the garage for late payment. They did not draw up notices, did not draw up an act of disconnection. They refuse to provide the charter of the garage society, the register of members of the society, they do not provide the legal address of the cooperative for filing a claim, they do not personally accept the claim and the application. They want to pay a fine. I am an 82 year old disabled pensioner. What to do.

    7.1. Rejected in writing?

    Did the answer help you? Not really

    8. My father has been the head of the garage cooperative since 2016 on a voluntary basis, but unfortunately, the gratuitous performance of its functions is not prescribed in the Charter of the cooperative. Now the issue of removing the indexation of pensions has been raised. From what time can the pension indexation be removed and to what extent, on the basis of what documents to build its protection? Age indexation - 80 years - will be removed or not? Thanks for the answer.

    8.1. From the time when he was officially appointed head of the legal entity.

    Did the answer help you? Not really

    8.2. Since he is officially registered in the pension fund by the head, he will be from that date. But since he did not receive a salary, which means there are no contributions to the pension fund, therefore he has no income. Who raised the issue of withdrawal?

    Did the answer help you? Not really

    9. We have created a garage cooperative, charter, tax registration, municipal land for rent. They repaired the road, took out the garbage, installed electricity. How to force the owners of garages in a given area to become members of a garage cooperative and pay fees .. and how to register ownerless garages as the property of a garage cooperative.

    9.1. Force to enter in any way. This is a voluntary matter, whoever wants to join, if they don't want to, will not join. In garages, you need to look at what kind of garages are there, what documents they have, who are the owners. Most likely they are all designed for someone and you cannot have anything to do with them. They are not yours.

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    10. Is there a document (other than the charter) regulating the composition of the board of the garage-building cooperative. Can there be a chairman and treasurer. And does the law allow if they are spouses.

    10.1. The law says nothing about this. Allowed.

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    11. How to get out of the garage-building cooperative? There is no access to the documents, to the charter either.
    Apply for a notarized withdrawal? The law says that it is considered by the general assembly ... but if this Assembly is not possible?
    How to get out? Tell! Co-op with debts. Is it possible for the founder to leave such a cooperative? Thank you.

    11.1. The exit of the founder from the cooperative is possible. The decision of the general meeting is not required for this.

    Did the answer help you? Not really

    12. Can a non-member of a garage cooperative be chairman? There is no such recommendation in the bylaws.

    12.1. Albina. It looks like the statute was misread. No, he can not. He may be a manager appointed by the decision of the chairman.

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    13. Does the paragraph of the Charter of the garage cooperative, which says that a member of the cooperative at the general meeting has as many votes as the number of boxes he owns, comply with the law? If not, please provide a link to the law!

    13.1. There is no direct indication in the law, but based on their provisions, paragraph 1 of Art. 123.2 of the Civil Code of the Russian Federation, a consumer cooperative is a membership-based voluntary association of citizens or citizens and legal entities in order to meet their material and other needs, carried out by combining property shares by its members. Therefore, membership is the main organization of the cooperative. It is the members of the cooperative that make joint decisions at the meeting, casting their votes. That is, people vote, not boxes. You cannot become a member of a cooperative twice. That is, when receiving a second garage, a member of the cooperative does not write a new application for joining the GSK and the general meeting does not accept it again. It turns out that each member of the GSK, regardless of the number of garages in the cooperative, has only one vote.

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    Consultation on your question

    call from landlines and mobiles is free throughout Russia

    14. When changing the chairman of the board, is it necessary to re-approve the charter of the garage cooperative.

    14.1. Yuri!
    You need to make changes not to the Charter of the Civil Code, but to the documents of the Civil Code located in the Federal Tax Service. To do this, an Application is submitted in the appropriate form.

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    15. Is a member of a garage cooperative entitled to familiarize himself with the charter, minutes of the meeting, annual balance sheet and cost estimate.

    15.1. Yes, you can, just do not ask verbally if you have already been denied. Make an application for the provision of documents, make 2 copies - one will remain with you with the signature of the chairman, the second with the chairman. Then you must receive either documents or a refusal to provide them - if a refusal, require a written and justified one. If there is a written refusal, you can complain about the actions of the chairman and demand documents through government agencies.

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    16. How to register the ownership of the garage? I have owned a garage since 1990, the garage is located in a garage-building cooperative. In my hands I have a resolution on the provision of a land plot to a garage-building cooperative, a resolution on the approval of the charter of the cooperative and lists of members of the cooperative. What do I need to do?

    16.1. If the share contributions for the garage are paid in full, then you take a certificate from the chairman of the GSK on the payment of the share contribution and register the ownership through the MFC.

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    16.2. Olga.
    It is necessary to issue a cadastral passport for a garage in the BTI (PIB), obtain a certificate of membership in a cooperative, a certificate of no debt on contributions and draw up a statement of claim for recognition of ownership of the garage on the basis of Article 218 of the Civil Code of the Russian Federation, attaching a package of documents.

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    16.3. Olga, to register ownership you need:
    - get a certificate from the garage cooperative about membership and the absence of arrears in payment of membership fees
    - in the BTI, or at the cadastral engineer, prepare a technical plan of the garage according to the available technical documents; - put the object on the cadastral register (10 days), receive a passport (5 days).
    Next, apply with an application for registration of rights to your MFC.

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    17. The question is this: in the 90s I had a garage in a consumer garage cooperative. Ownership of this garage was not registered. Available - a decision to provide a land plot to a garage-building cooperative for the construction of individual garages, a decision to register the charter of a consumer garage cooperative, a list of members of the cooperative. How to recognize the ownership of this garage?

    17.1. I have already acquired experience in such matters. Recognized ownership through the courts. It is also necessary to conduct a survey together with the BTI, as well as an expert opinion that this garage is safe and complies with the necessary standards and SNiPs.

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    18. I am the chairman of the garage cooperative. Do I have to provide accounting reports to members of the cooperative? The charter states that they have the right to provide the activities of a garage cooperative.

    18.1. Yes, they have the right to look at accounting reports by writing an application addressed to the chairman to provide information for a certain period. If the cooperative has an auditor, then through the auditor or with his participation.

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    18.2. Since garage cooperatives, in accordance with the current Russian legislation, are non-profit organizations, the chairman of such a cooperative is obliged to report on the financial and economic activities of the board of the cooperative, which he usually heads, in the manner and within the time limits established by the Charter of a particular cooperative. As a rule, such reports are submitted to the general meeting of members of the cooperative and its audit commission. The chairman of the cooperative is not obliged to submit accounting reports to each member of the cooperative separately, in any case, in the legislation, there is no such rule.

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    19. The question is this. The chairman of the garage car cooperative really wants to introduce an agreement between the cooperatives and its members. Can I not sign it? And why is it needed if there is a charter.

    19.1. Art. 421 of the Civil Code of the Russian Federation
    1. Citizens and legal entities are free to conclude a contract.
    Coercion to conclude a contract is not allowed, except for cases when the obligation to conclude a contract is provided for by this Code, the law or a voluntarily accepted obligation.

    The legislation does not require the conclusion of an agreement within a garage cooperative. You can refer to the above rule to protect your rights.

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    20. I work officially as the chairman of the garage cooperative and I want to quit this position, but no one wants to take my place. What should I do in this situation, especially since I have already found another job? The charter states that the chairman of the board is elected for two years, his powers are valid until the re-election and registration of a new chairman in the relevant bodies and officials. I worked for one year and five months! In fact, there is no longer any power!