Garage cooperative. Accounting truth about the life of gsk

The garage cooperative is quite common in our time. Just pay your dues, and a lot of problems go away, including guarding the garage, repairing driveways, and much more.

A place in a garage cooperative also costs a lot of money. After all, there is already a working system here and everything is debugged.

Many create garage cooperatives and quite successfully. Today we will tell you how to do it right.

You will learn about regulatory documents and the rules for their execution. Also on the video you can see some moments of this work.

Garage cooperative and creation rules

As soon as there is a desire to open a cooperative garage, you immediately need to understand that you won’t be able to do it alone, no matter how hard you try, which means that this must be taken into account without fail.

It is important to gather like-minded people who can help you go through the difficult stages of organizing a cooperative. Here you will have to do a lot with your own hands, even if a qualified lawyer will help. Immediately it will be necessary to come up with a name for garage cooperatives, because it will appear in all constituent documents.

Attention: In fact, those people who will help you can be anyone, they can be neighbors, work colleagues, etc. Registration is, as a rule, exactly the stage of work that takes a lot of time, which means that you need to prepare for it properly.

Garage cooperatives have their own charter - this is an important document, it is usually dealt with by an initiative group:

  • The charter spells out all the important points, which, in turn, will regulate the activities of the cooperative.
  • In addition, you must specify useful information about how to enter correctly into a garage cooperative, moreover, income should also be included here.

Registration and registration of a garage cooperative

As soon as all the necessary constituent documents are collected, you can register, as soon as the registration of the cooperative is completed, you can put it on tax records.

Attention: It is imperative to open a current account, so you can make share and other types of contributions, moreover, this must be done before you register a garage cooperative.

How to write a lease agreement for a property

A garage cooperative must have land. It can be contributed as shares, or it can simply be rented.

It is important to note that it is the initiative group that draws up the lease agreement, as well as other important documents that are submitted to the city planning authority, for example.

Attention: Remember that each region puts forward different requirements regarding the package of documents, which means that before you start collecting them, be sure to visit the relevant authorities for advice, if this is not possible, then you should use the services of an experienced lawyer.

  • The construction of a garage cooperative is an important event, it is carried out by contractors, which means that it is imperative to conclude an agreement.
  • After the completion of construction, it is necessary to select the appropriate organization, and it will be necessary to conclude a service contract with it. This includes the supply of electricity, the maintenance of networks for the supply of electricity, and the removal of garbage. Cooperative garages must have permanent maintenance contracts without fail.

Attention: It only seems that the procedure for collecting documents, drawing up a charter - all this is not so hard work but, in fact, you can always run into problems. To speed up the registration process, you must complete the documentation in accordance with the law, then there will be no difficult moments in the future, which means that it is better to do everything right in advance.

  • Be sure to familiarize yourself with the relevant laws that allow you to organize and build a garage cooperative as required by the relevant technology. If there is no experience in this area, then the services of a lawyer will save you from serious problems, you will be able to get acquainted in detail with the basic laws that must be observed without fail.

Registration of a garage cooperative

Cooperative garage projects must be registered with the fiscal authorities. If you have a desire to build a garage cooperative, then you must be prepared for difficulties, since there will be many on your way, remember this.

Attention: Registration of a garage cooperative will not differ much from the registration procedure of other legal entities, so it is important to take this into account. If you use the services of a lawyer, he will definitely prepare a list of necessary documents for you.

So:

  • In general, you need to understand that speaking about the charter of a garage building society as a whole, you can divide this process into chapters, for example, if you begin to study the first chapter, then it is aimed at general provisions associated with the cooperative. Therefore, here you can find its full address, name, thus, a legal entity is called a cooperative, therefore it has all the rights.
  • The most interesting thing is that such rights are standard, they are defined for any cooperative, the second chapter will let you know about the main goals.
  • The third chapter talks about the fact that the cooperative gives the right to property, which, in turn, can be transferred in the form of shares, moreover, they can be paid not only in money, but also in various property.
  • The fourth chapter should indicate the bodies that will manage the cooperative, so it is so important to study them carefully and in detail.

Attention: The chapter shows the main functions, which means that all functions must be carefully studied in order to understand their essence. Do not forget that the supreme body of the cooperative decides all the subtleties of the charter, it allows you to make, edit certain changes.

  • Thus, it is important to take into account that the meeting will elect the board of the cooperative, it is the meeting that decides issues related to the size of funds, contributions, this also applies to cost estimates.
  • Therefore, it is so important that you can understand this topic in detail, because then all your dreams can be realized. Experts say that you should not spare money for the services of experienced lawyers, so you can get answers to any questions of interest.

Attention: Managing a garage cooperative is quite difficult and the executive body is engaged in this business. The board is engaged in drawing up lists of members of the cooperative, estimates, also draws up spending plans, etc. Again, I would like to repeat that it is necessary to study these points in detail.

  • Speaking about the audit commission as a whole: it is the controlling body of the cooperative, so its members will not be included in it.
  • It is important to add that the audit commission can consist exclusively of one auditor, and the term for which he will be elected is indicated in the charter. Naturally, using the services of a lawyer, you can study each stage of this process in detail.

Cooperative garages in their charter have the first chapter, which refers to the conditions and rules for entry. Members of the cooperative must necessarily comply with important duties, without doing this, one may encounter difficulties.

  • The bylaws of the cooperative must be observed. You also need to make contributions in a timely manner, pay taxes, fees, and you also need to take regular part in the events that will be held by the cooperative.
  • Naturally, you need to remember to follow the important rules for the conditions of the garage, experts say that this is the most milestone which should not be forgotten. Speaking about the rights of members of the cooperative, this includes: participation in the management of the cooperative, in addition, this also applies to the share in profits, etc.

If you do not understand this topic, then the specialist will explain to you in detail each stage, after which the problems will be instantly solved, and any.

Attention: In addition, be sure to take into account the fact that in the fifth chapter you can find not only rights and obligations, but also information that relates to the conditions for exclusion from the cooperative. For example, if there is serious harm and damage to the cooperative, this concerns non-payment of fees or if the charter is violated. And important rules regarding the maintenance of the garage.

  • You need to carefully read all the duties that must be performed on your part.
  • In the sixth chapter, you can find information and provisions on how the liquidation of a garage cooperative should take place, and one should not forget about its reorganization, this is important.
  • Speaking about reorganization measures in general, it is important to understand that they can be carried out only if the General Meeting gives its consent, and it is customary to include all members of the cooperative here, but often many people forget about this, and this leads to serious problems.
  • The seventh chapter is the last one, it also needs to be carefully studied, because it contains correct order how to properly report.
  • In general, you need to know that GSK must necessarily keep accounting and, of course, operational records; in addition, do not forget to provide a report on the activities of the organization. Each of the members of the cooperative can demand it at any time.

Financial features of a garage cooperative

Now you must understand that the property is formed solely from the contributions of its members, in addition, do not forget about a number of additional contributions, all this is spelled out in detail in the charter.

Attention: Speaking of a share contribution, you need to understand that it is customary to include here not only cash, but also property, etc.

  • Membership fees can be paid by shareholders, this is done to accrue wages to all members of the cooperative. If you want to know in detail about targeted contributions, be aware that these are funds that are usually contributed by members of the cooperative, this is done in order to purchase garage property or if there is a need for repair work in this room.
  • Do not forget to study in detail the concept of "additional contributions", they are charged only when it will be necessary to cover the losses of the cooperative, which means that it is so important to comply with this condition. The size of the share contribution will be determined by dividing the total amount by the creation of a garage cooperative, which is included in the estimate.
  • Experienced lawyers keep arguing that the articles of association must state that the size of the down payment often changes, this is due to the final amount of costs, and they often exceed the expected amount, so it is so important to remember this.

Attention: In fact, a cooperative is considered an association that does not pursue profit from this activity, and it is important to understand that the commercial detail of a garage cooperative is not prohibited, as for some reason many people believe, in fact, it is not.

  • If, for example, the owner decides to engage in the repair and maintenance of cars, then you can always make a profit from this, and you can do this work without any problems, there would be a desire. Naturally, you can also engage in any other activity, for example, provide car wash services (see) or, it all depends on your desire and financial capacity, so remember this.
  • If you think carefully, it is really always possible to make a profit, but you need to approach this issue properly, because only then the result can please.

Attention: But if the cooperative will conduct not only the main, but also entrepreneurial activities, as often happens, then you need to understand that separate accounting is being conducted. In the event that funds are received from commercial or non-commercial activities, they will be accounted for separately.

  • It should also be noted that only those funds that will be contributed by its members for the repair of property can be attributed to the profit of a garage cooperative, this applies to payment for utilities and other services, etc. Of course, you are probably also interested in income, which, in turn, is distributed among equity holders, if you decide to leave the cooperative, you can demand payment of income for the year.

How to privatize land in a garage cooperative

A map of garage cooperatives should also be drawn up, where the plot of allotted land will be indicated:

Attention: Do not forget that the presence of land of garage cooperatives will not give you the right to use the land under the garage, because it is considered and is state-owned, and even when the entire share for the garage is redeemed.

  • In the event that you wish to privatize the land that is located under the garage, be aware that in this way the cost of the premises automatically increases.

Attention: Remember that you can carry out such a procedure yourself when the garage has an entrance, a solid and reliable foundation has been erected, and in general this building will be separate. But if the premises will be just a part of the box, then in this case you will have to buy the land as a whole.

  • The cost of land can be different, because it is set by the legislative bodies of the region, but the price will be influenced by the place where the cooperative is located, as practice shows, it does not exceed the cadastral value.

Conclusion

You are now familiar with the activities of garage cooperatives in the Russian Federation and know the rules for performing work on their organization. But you must understand: before you do this work, it is imperative to register all members of the cooperative, or rather, the ownership of garages.

  • I would also like to add that the issue of land privatization is considered by the general meeting, and in order to make such a decision, all members of the cooperative must agree to this. Only if all these important conditions and recommendations are met, it is possible to formalize the land plot without any problems as required by the relevant laws.
  • Again, I would like to repeat that, having no experience in this area, you should not deal with this procedure on your own, use the services of an experienced lawyer, and he will always provide help you need, so you need to forget about saving on the services of specialists.

Do not think that it will be easy to register a car garage cooperative. Along the way, you will encounter many problems, because you will need to register with the fire department and other regulatory authorities.

You have an instruction by which you can roughly estimate and understand the amount of work. And the price of the issue is quite high, because after organizing this enterprise, you will be able to receive additional income from renting out premises. And this is not a bad income.

War invalids are provided the following measures social support: 1) pension benefits in accordance with the law; 2) - 3) have become invalid. - Federal Law of August 22, 2004 N 122-FZ; 4) providing at the expense of the federal budget with housing for disabled people of the Great Patriotic War who need to improve their living conditions, combat invalids who need to improve their living conditions and registered before January 1, 2005, which is carried out in accordance with the provisions of Article 23.2 of this Federal Law. Disabled people of the Great Patriotic War are entitled to receive social support measures to provide housing once. War invalids registered after January 1, 2005 are provided with housing in accordance with housing legislation Russian Federation.

The procedure for creating a garage cooperative

Who can do it? You can apply to Rosreestr with a petition for the initial registration of real estate:

  • the owner of the OH or the land plot on which the object stands;
  • a person who has been allocated a land plot for construction under a civil contract;
  • body of federal or regional authorities, State Corporation Rosatom;
  • cadastral engineer (often, in addition to the contract, a power of attorney is required for him);
  • legal or private person in whose favor the encumbrance of the object is established.

Where to apply? Collected documents must be submitted:

  • personally or by registered mail to the Rosreestr branch or the MFC (the list of authorized centers is indicated on the service website). Since 2017

Pskov

Federal Law No. 176-FZ of June 29, 2015; 10) is no longer valid. - Federal Law of August 22, 2004 N 122-FZ; 11) retention of the right to receive medical care V medical organizations to which these persons were attached during the period of work until retirement, as well as extraordinary medical care under the program of state guarantees of free medical care for citizens (including annual medical examinations) in medical organizations (including in hospitals for war veterans ), subordinate federal authorities executive power, in the manner established by the Government of the Russian Federation, in medical organizations subordinate to the executive bodies of state power of the constituent entities of the Russian Federation - laws and other regulatory legal acts subjects of the Russian Federation; 12) is no longer valid.

Garage cooperative №13

Attention

And then, with all the documents, apply for the provision of a site to the authority local government. In this case, ownership of the garage is required.


This is the main condition for registration of a land plot under a capital object. The land plot can also be leased to the cooperative itself.

Judicial practice shows that in order to avoid land disputes and abuse of their rights by officials of the management bodies of the cooperative, it would not be superfluous to enshrine in the decision of the general meeting of members of the cooperative a ban on registering the land as the property of the cooperative or third parties. 5. Can a garage located in a cooperative be used for business? In accordance with par.

Consumer garage cooperatives legislation

a certificate certified by the chairman of the GSK that you are a member of the cooperative, and the share was paid by you in full;

  • technical plan of the building from a certified cadastral engineer;
  • cadastral passport of the building, for which the garage must be registered with the Cadastral Chamber (if the garage is registered with the cadastral register, you must obtain a cadastral passport upon application);
  • payment for the payment of the state fee in full;
  • a certificate confirming the right to own the land plot on which the garage is built (a copy of the order of the municipality or other self-government body, confirming the legality of the allocation of the land plot to the cooperative, certified by a notary);
  • passport and / or a notarized power of attorney (if privatization is carried out from a third party).

These documents are necessary for the privatization of the building.

Charter of the garage cooperative

Back in the years of the USSR, joining a cooperative was one of the few opportunities for a Soviet citizen to become, in fact, the owner of any real estate: an apartment, a garage, a country house. Prostopravo.com.ua found out what garage and garden-dacha cooperatives are today. Let's start with cooperatives in general.

To date, relations in the field of cooperation are not sufficiently clearly regulated by law. In fact, we can talk about one special Law of Ukraine "On Cooperation", adopted back in 2003, which defines the legal, organizational, economic and social foundations functioning of cooperation in Ukraine as a whole.

Separate norms affecting cooperation issues are contained in the Civil, Economic, Housing and Land Codes.

Legal status of garage-building cooperatives

In a new building, you can take into account the building as a whole at the same time as individual rooms (apartments) in it. With other "group" OH, for example, a garage block, this will not work. A residential house, which is in shared ownership, is put on the KU only with the will of all owners of real estate. Apartments, rooms and residential premises Are registered if the premises or part of it has two features: isolation and isolation.
We need a technical plan. Country (garden) houses and buildings (summer kitchens, bathhouses, sheds) A country house is registered after the preparation of a technical plan and a declaration of OH as an “individual residential building”. Other garden structures are taken into account if they are capital construction projects - for example, if a bathhouse has a foundation.

Info

Summer kitchens, shell garages are usually not considered OKS. For KU, the cadastral engineer must prepare an inspection report.

Garage cooperative №32, chita

However, the updated norms do not in all cases take into account the characteristics of non-profit organizations, the specifics of their activities and the already established rules that are effectively applied in practice, contained in special laws. This deprives the logic of legal regulation in this area and creates conditions for the emergence of disputable situations. The lack of consistency in the legal regulation of these associations can be seen in the example of such an organizational and legal form of non-profit organizations as a garage cooperative. According to Part 2, Article 14 of the USSR Law "On Cooperation in the USSR" supreme body The management of the cooperative is the general meeting, which elects a chairman to manage current affairs, and in large cooperatives also the board. Each member of the cooperative has one vote, regardless of the size of his property contribution.

Garage privatization rules

The land plot transferred to the cooperative shall be returned to the former member of the cooperative only in kind. The return of property to a retired member of a cooperative must be made no later than two years later, starting from January 1 of the year following the moment of withdrawal or exclusion of this person from the cooperative.

The ownership right of members of a cooperative to their common share in the cooperative may be inherited. The land of the cooperative consists of land plots leased to him or acquired by him as his property.

The lands of common use of a dacha cooperative shall be transferred into its ownership free of charge from the lands of state or communal property.

How to put on the cadastral registration of a property?

Important

It is considered as ON (linear) only after commissioning as a single indivisible object, even if it passes through the territory of different municipalities (judicial practice according to the last statement is debatable). For KU, a boundary plan and title documents for the land under it are also required.

  • Bridge.

Refers to linear objects. It is put on the KU on the basis of the technical plan after commissioning (an act on this is needed).
  • Municipal highway. It is placed on the KU according to the technical plan. An act and permission for commissioning are required, otherwise the Rosreestr will not consider it as an ON.
  • Home territory. Setting up the land under the house on the KU, including the adjacent territory, is the responsibility of the developer. The allocation of a share and its accounting by one of the tenants is unacceptable.
  • Transformer substations.
  • The issue of car storage is extremely relevant for urban residents. Often car owners live in apartment buildings and they don’t want to keep their “iron horses” under the windows. In order to organize the safest and most convenient storage of cars, a frequent resident of the city becomes a full member, acquiring his share in it.

    This type of obligation is one of the few in the garage sector that can be officially registered, therefore, for its existence, it is important to comply with all legislative nuances relating to the work of this organization. An integral part of the garage cooperative, according to the law, is its chairman, who is a separate caste of leaders. We will talk in more detail about his powers, duties and the principle of election today.

    Garage cooperative - shared ownership

    A garage-building or, as it is often said, a garage cooperative is an organization that was created by a group of citizens on a voluntary basis and is aimed at providing some conditions for storing their cars, as well as for the rational use of garage buildings.

    At its core, the property of all members of the Civil Code is common, but divided into shares. This way of owning property is called shared, so the members of the cooperative must maintain the common parts of the property jointly. The activities of the Civil Code are regulated by the legislation of the Russian Federation and the charter of the organization.

    According to the laws in force, the maintenance of common property and, in general, the existence of a cooperative cannot be organized without determining its chairman. In fact, this status gives the member of the GC the powers of the head. It is important to understand that the citizen chosen as chairman must adhere to a number of obligations and take appropriate actions.

    The chairman in the garage cooperative is chosen by its members; the law does not provide for a different order. Juice operators have the right to elect a chairman by a majority of votes or in another manner, which is provided for by their charter and does not contradict the will of the majority of members of the Civil Code.

    The chairman of the cooperative undertakes to perform his work in accordance with the charter of the organization and the current legislation. The activity of this person is accountable, that is, the chairman must be in close contact with the members of the cooperative.

    Often their interaction takes place at a general meeting, which is organized when it is necessary to resolve important issues of the Civil Code. It is also worth noting that the chairman has the right to assign tasks to employees of the cooperative, who undertake to fulfill them.

    Responsibilities of the chairman of the cooperative

    The chairman of the garage cooperative is elected by the members of this cooperative

    As it became clear from the previous paragraph of the article, the chairman of the Civil Code is a kind of curator of the existence of this organization. Considering such an important status of such a position, the person in it undertakes:

    • to manage and manage the affairs of the cooperative throughout its work on this;
    • ensure the implementation of all that is decided by the general meeting of members of the Civil Code;
    • be responsible for the production and financial activities of the cooperative;
    • competently and as intended to dispose of the general and funds of the members of the Civil Code;
    • determine the labor activity of employees of the Civil Code in accordance with the charter of the organization and the current legislation of the Russian Federation;
    • interact with suppliers of goods or services, the presence of which is necessary for the existence of a cooperative or the implementation of decisions of the general meeting;
    • follow the documentation of the cooperative and, if necessary, check, sign and approve it, working with responsible persons(for example, an accountant);
    • form the funds of the organization through the control of its production and financial activities;
    • if it is necessary to resolve issues related to the existence and activities of the Civil Code - to prepare and hold a general meeting of its members;
    • control and ensure the legality of the activities of the cooperative in all its components;
    • know the charter of the cooperative, the current legislation of the Russian Federation and other nuances of their work activity.

    Based on the above duties of the chairman of the garage cooperative, the following rights of this official follow:

    1. acting without trust documents on behalf of the Civil Code;
    2. representing the interests of the organization in interaction with other subjects of law;
    3. disposal of the property of the cooperative in accordance with the norms of its charter and the current legislation of the Russian Federation;
    4. opening of GK bank accounts;
    5. with employees of the cooperative;
    6. within the competence - signing and endorsement of documentation, as well as making a number of management decisions;
    7. improvement of their professional activities with the help of qualification events.

    It is important to understand that failure to fulfill duties or exceeding authority on the part of the chairman of the cooperative is a punishable act. imposed on a person depends on the severity of misconduct and is determined either by the provisions of the statute of the Civil Code, or by the current legislation of the Russian Federation.

    How is the chairman's job organized?

    A lot depends on the chairman of the garage cooperative ...

    At the end of today's material, it will not be superfluous to consider the procedural order of organizing the work of the chairman. According to generally accepted and legislative norms, the appointment of the chairman to his position and subsequent work takes place as follows:

    • First, the chairman is elected to office. This procedure takes place at the general meeting of members of the cooperative and, as a rule, with the determination of a larger number of votes. It is worth noting that no member of the SC can be appointed to the position of chairman against his will. If among the members of the organization there is no one who wants to take this position, then you need to find an “outsider” who will work for some fee.
    • After choosing a chairman, he is registered in the relevant documentation of the cooperative. From this moment on, he undertakes to perform his activities in accordance with the statute of the Civil Code, current legislation and his job description.
    garage cooperative

    1. GENERAL PROVISIONS

    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 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 "".

    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 city. 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 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, other applicable legislation and this Charter.

    2. OBJECTIVES OF THE COOPERATIVE

    2.1. The cooperative was created to meet the needs of citizens and legal entities in the acquisition and construction of garages 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 the construction or acquisition through the Cooperative within the terms 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 indicated 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, subject to the provision of the necessary guarantees;
    • if necessary, execution between the Cooperative and its member of a pledge or guarantee agreement to provide a member of the Cooperative with a garage or funds for its acquisition;
    • 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 are licensed in accordance with the current legislation of the Russian Federation, 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 their 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;
    • rent 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;
    • 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;
    • involve legal and individuals as an investor in mutually beneficial conditions for the purposes of construction and investment in the construction of garages, other objects of modern social infrastructure;
    • purchase from the state, municipalities, individuals and legal entities the goods necessary for their activities;
    • use in their activities the property of members of the Cooperative, the state, municipalities, individuals and legal entities on a reimbursable and non-reimbursable basis;
    • receive loans and credits on a contractual basis from the state, municipalities, individuals and legal entities;
    • implement and transfer to the state, municipalities, individuals and legal entities, goods and other property on a reimbursable and non-reimbursable basis, to provide services, perform work;
    • write off from the balance of fixed and circulating assets 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.

    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 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.

    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 debt contributions 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;
    • a reserve fund, which is formed by decision of the General Meeting at the expense of reserve contributions from 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;
    • an 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 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 member of the Cooperative may be money, securities, other property, including property rights, as well as other objects of civil rights. Land plots and others Natural resources may be a share contribution to the extent that their circulation is allowed by the laws on land and natural resources. The assessment of a share contribution is carried out:

    • upon formation of the Cooperative by mutual agreement of the members of the Cooperative on the basis of prevailing market prices;
    • when new members join the Cooperative by the Audit Commission of the Cooperative. New members of the Cooperative pay a share fee within days from the date of the decision of 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 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 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. Membership fees are paid and 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. If membership fee not paid by a member of the Cooperative after this period, the consequences specified in clause 3.6 of this Charter occur.

    3.11. The decision to make earmarked contributions, if necessary, is made by the General Meeting of Members 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 profit received by 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 the members of the Cooperative. The procedure for distributing profits is provided for 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. MANAGEMENT BODIES OF THE COOPERATIVE. AUDITOR

    4.1. The governing bodies of the Cooperative are:

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

    4.2. The next General Meeting of the Cooperative is convened by the Board at least once a year by 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 exclusive competence of the General Meeting includes:

    • approval of the Charter of the Cooperative;
    • introduction of amendments and additions to the Charter of the Cooperative;
    • making decisions on opening representative offices, branches, participation in business companies, non-profit organizations, creation of economic 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;
    • 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;
    • making a decision on the alienation of the real estate of the Cooperative;
    • making a decision to conclude a transaction for an amount exceeding the minimum wage established by law;
    • making decisions on a loan in excess of the minimum wage established by law;
    • definition maximum size loan provided by the Cooperative to its member, and the terms of such lending.

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

    4.2.4. 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 days before the expected date of the General Meeting, indicating the place, date, time of the meeting and attaching the agenda of the General Meeting.

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

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

    4.2.7. 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 the members of the Cooperative for a period of , which manages the Cooperative in the period between General Meetings. Board meetings are held at least . 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 it is attended by members of the Management Board. Decisions are made by the 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;
    • resolves the issue of establishing branches of the Cooperative;
    • resolves the issue of granting a loan to a member of the Cooperative;
    • approves the cost estimate and staffing of the Cooperative's 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 members of the Cooperative for share and other payments and providing them with residential premises and other objects of modern social infrastructure, the Regulations on the Auditor of the Cooperative, the Regulations on mutual lending, the 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 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 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 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 Auditor for a period of .

    4.4.1. The audit of the financial and economic activities of the Cooperative is carried out based on the results of the activities of the Cooperative for the year, as well as 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.

    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.

    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 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 membership in 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. 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 days, then the decision of the Board of the Cooperative on admission to membership in the Cooperative becomes invalid, and the admission becomes invalid. The funds received from the applicant as an 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-prevention, 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 expenses for the maintenance, repair of a garage owned by a member of the Cooperative;
    • timely pay all taxes and fees established by the state on real estate;
    • participate in the improvement of the territory of the garage complex;
    • participate in the costs of maintenance, repair and operation of common property;
    • inform the Board of the Cooperative about the proposed alienation of their garage;
    • comply with the rules for using the garage, approved by the General Assembly;
    • participate in general events conducted by the Cooperative;
    • take care of the property of the Cooperative, do not harm it, use it for its intended purpose.

    5.6. A member of the Cooperative has the right:

    • participate in the management of the Cooperative;
    • receive loans from the Cooperative and its members to pay their share contributions;
    • provide loans to the Cooperative and its members to achieve the statutory goals;
    • conclude an agreement with the Board of the Cooperative on the use of engineering networks and common property of the Cooperative for a reasonable fee upon 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 the 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;
    • use the funds of other members of the Cooperative and the funds of the Cooperative on the terms and in the manner determined by the Regulations on Mutual Lending in the Cooperative to meet material needs, including for the acquisition, construction and repair of a garage;
    • use the services of the mutual insurance system on the terms and in the manner determined by the Regulations on Mutual Insurance in the Cooperative;
    • 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, 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 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 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.
    A member of the Cooperative expelled from the Cooperative is deprived of the right to use the garage. A member of the Cooperative leaving or 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 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 a period 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. 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 members of the Cooperative 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, 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 - 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 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 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 provided for by the Labor Code of the Russian Federation are established.

    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. PROCEDURE FOR THE IMPLEMENTATION OF THE GUARANTEES AND ATTRACTION OF LOAN FUNDS IN A COOPERATIVE

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

    8. REORGANIZATION AND LIQUIDATION OF 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. Liquidation of the Cooperative is possible:

    • by decision of the General Meeting;
    • By the tribunal's decision.
    8.3.1. The General Meeting of the Cooperative or the body that has decided on its liquidation 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.

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

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

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

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

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

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

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



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