- a non-profit association of citizens, created on their initiative to conduct subsistence farming (growing fruit and berries and agricultural crops) and enjoy the fruits of their labors.

In some cases, it may be necessary to change the legal component of such a company. The reasons for this are:

• Consolidation of the organization with other structures.
• The need to change the constituent documents and rules for the use of land resources.
• Liquidation of the original structure for more effective use partnership opportunities. For example, the reorganization consumer cooperative to open representative offices in regions and more successful implementation agricultural products.
• Initiative of members and participants of the organization.
• Resolution of the management committee of the partnership.
• Other grounds determined by the charter of the community.

Forms of reorganization of a horticultural partnership

According to the laws reorganization of the dacha or horticultural partnership can be done in the following ways:

• Change in legal form(conversion). This method is used to acquire additional opportunities in some areas of activity and management. The organizational and legal form of the community can be changed to:

1. Full partnership.
2. Limited Liability Company.
3. Public or non-public joint-stock company.
4. Production cooperative.
5. Economic partnership.
6. Public organization.
7. consumer cooperative.
8. Private institution.
9. Autonomous non-profit organization.
10. Association of Owners.

• Merge Form. Used when joining two or more suburban structures. At the same time, they are held, at which the corresponding decision is approved. majority vote present. In the event of a merger, one, several or all companies are liquidated, and on their basis a new organization, or the remaining community is transferred the rights to manage and dispose of property.
• Accession form. In such a reorganization, one company absorbs the assets of others. At the same time, the merging teams legally cease to exist.
• Separation form. It is used when delimiting the rights to use common property. It is adopted at the general meeting when agreeing on the main provisions for the division of property by drawing up a deed of transfer.
• Selection form. A new organization is formed, which receives part of the assets and property of the parent company. The original structure cannot be changed and does not need to be re-registered.

The reorganization is recognized as completed after (exception: when joining, it is not necessary to formalize the dominant structure). In case of dissatisfaction with the rights and legitimate interests of the company's participants, they can file a lawsuit within three months from the date of the establishment of the provision (the date of the general meeting and the approval of the protocol on reorganization).

The procedure for the reorganization of a horticultural (dacha) partnership

The procedure for changing the legal component horticultural partnership regulated by the norms of the Civil Code of the Russian Federation.

The main steps in this procedure are:

1. The decision to reorganize the structure on the initiative of citizens (members and founders), the management team (chairman, collegiate council) or representatives of the municipality.
2. Holding general meeting or meetings of the competent commission. Based on them, a protocol or regulation is formed.
3. Decor deed of transfer or separation balance sheet. Accepted by the management team or a selective circle of interested persons at the general meeting.
4. If the requirement is met, an application for registration is submitted to the regional office RosReestr. When applying, the necessary one is attached (protocol, the current charter and its developed version, application, deed of transfer).
5. Waiting for three months(limitation period).
6. Registration of the transfer of property rights and receipt of certified documentation in RosReestre.

If, upon the merger of two structures, their total cash fund is more than 7 billion rubles, or the total income from the sale of products is calculated in the amount of 10 billion rubles or more - you must obtain permission for reorganization from the regional municipality.

The consequences of the reorganization of the horticultural partnership

At community reorganization the old charter is liquidated, with the exception of affiliation or spin-off for the parent organization. The rights and obligations of the members of the partnership are retained by them, but on new grounds, in accordance with the adopted provisions of the founding document.

deed of transfer or the separation balance sheet is approved general meeting members and founders or the composition of the competent commission appointed for the reorganization.

Members of the changed partnership automatically receive rights and powers in the new community. If, in determining the separation balance sheet, there are problems regarding the appointment of a successor to some property, the formed company is jointly and severally liable for such issues.

An example of the specifics of the reorganization of a horticultural (dacha) partnership

The horticultural association "Mayak" under the leadership of Zhukov Igor Mikhailovich decided to merge with the neighboring partnership "Gornyak". Both structures carried out general meeting of their members, confirming the possibility of carrying out such a procedure.

The meeting approved the deed of transfer and the protocol of the event. With these documents, the appointed chairman submitted a written application for registration in RosReestr. After 3 months, the registration was completed. During this period, executive activities were entrusted to the elected delegate of dacha associations.

Conclusion

Reorganization of the dacha partnership is carried out in accordance with the Civil Code of the Russian Federation and is subject to mandatory registration. The change in the legal structure of the community occurs in the following ways:

1. Transformation.
2. Merging.
3. Accession.
4. Selection.
5. Separation.

The most popular question and answer to it on the peculiarities of the reorganization of a gardening (dacha) partnership

Question: Hello. My name is Lyubov Petrovna. Our dacha association did not pay to the state. Now representatives of the mayor’s office have arrived and say that our organization is subject to liquidation. How to proceed in this case?

Answer: Good afternoon, Lyubov Petrovna. According to Federal Law No. 66“On dacha non-profit associations of citizens”, if your community is liquidated, you will remain the full owner of the dacha. But, until the termination of activities, you can assemble an initiative group of citizens, apply to the municipality with an application for an opportunity to reorganize the dacha structure, obtain appropriate permission and hold a general meeting.

Perhaps no one would refuse to have several land plots. After all, they can be used both as a place for future construction and as a profitable resource. But it's not a secret for anyone that it is easier and faster to draw up documents related to construction, sale and any other manipulations with land for one site. That is why many seek to carry out and formalize the association of land plots, owning several territories. And if you do not plan to use your land separately, its connection is best solution. But one solution is not enough. You need to know exactly how to combine the sections into one.

Trust but Verify

Before proceeding with the main work on the consolidation of sites, make sure that the land is registered in the land registry of the state. It is also worth making sure that you have proof of your ownership of the property. If any documents are missing, try to issue them quickly and always with high quality.

Ask for help from professionals

Often, the preparation of technical documentation for the territory is not an easy task. To prepare the necessary papers, it is better to seek help from the professionals of Geotop Engineering LLC.

Do not forget that the paperwork for combining two plots into one cadastral number must be carried out by persons who have certification confirmation of professionalism in the land management field. These are the employees of our company, so you can safely entrust them with conducting cadastral works. Without a confirming certificate, the work performed and the papers drawn up will not be considered valid.

However, the combination of plots of the SNT category does not require permission from the authorities, because it is the personal preference of the owner.

If we talk about the information necessary for the preparation of technical documentation, then it should consist of the following components:

• determination of the boundaries of the site formed after the merger;
• drawing up a cadastral plan;
• establishment of geodetic coordinates of borders;
• the presence or absence of markers.

If plot in this moment are used by other persons (for example, he is on lease), the association of land plots must be agreed with them. Their consent to the association is expressed by signature and notarized. It is also important to be able to correctly calculate how much it costs to combine two sites into one. To take into account all aspects of the design of the necessary papers, it is better to play it safe with help specialized company Geotop Engineering LLC.

Exploring and measuring

Combining two plots into one cadastral number is impossible without preliminary geodetic work. This is the execution of calculations, and the design of drawings. At the same time, the land management process is considered incomplete or even invalid without the necessary surveys. Like any other, geodetic research consists of several stages:

1. Cadastral survey of the territory. It is performed to obtain a number and register in the system.
2. Topographic survey. Needed to draw up a plan or map of the site.
3. Removal of borders. This concept implies fixing the boundaries of the territory by using landmarks.

Geotop Engineering LLC provides services for each of the above types of geodetic works, providing:

• high professionalism of employees;
• advanced equipment;
• proven methods;
• correctness and accuracy of the required documentation.

If you want to combine sites into one, Geotop Engineering LLC will help you and perform all the work quickly and efficiently.

We register correctly

To register a united plot and its cadastral number, you must contact the state registrar in the relevant territorial state land agency.

The following documents must be added to the application for registration:

• Proof of identity (passport, for example).
• Confirming your right to real estate.
• Assigning a tax number.
• Confirming payment for the site registration service.
• technical documentation in paper and electronic form.

We confirm ownership

Having received an extract from the land registry, you must also contact the Registration Service. This is done in order to confirm and register your ownership of the connected lot. This stage is also the final one in the process of combining two parcels into one cadastral number.

Merge land only their legal owners can enter one property. To do this, you will need to complete a set of cadastral works, as well as go through the procedure for registering a new land unit and registering the site in the USRN state register.

What is parcel aggregation

The formed land allotment has a number of quantitative and qualitative characteristics - established boundaries, area, category and type of permitted use of land. Each site has these parameters, which allows them to be properly identified among similar real estate objects.

Consolidation of plots of land is a legal procedure, which is characterized by the following nuances:

• when merged, the original real estate objects lose their independent existence, and uniform boundaries are determined for the newly formed site;
• both one owner of two real estate objects, and different owners can combine plots (in the second case, a shared form of ownership will be registered for a single plot);
• when allotments are merged, their category and permitted type of use will be preserved.

Only their owners can merge two adjacent land plots. If a citizen owns neighboring plots on a leasehold basis, in order to merge, he needs to contact the landlord (owner of the land) to obtain permission and complete all necessary documents.

The most common option is to combine adjacent plots owned by one citizen. In this case, there is no need to allocate shares to the newly formed allotment, it will be transferred to the individual ownership of one person.

In order to unite land plots, it is necessary to establish their characteristic boundary points. This

the procedure is carried out as part of the cadastral work and is fixed in the form of a boundary plan for the newly formed site. Performing all the necessary actions to merge sections can be represented as a step-by-step instruction:

1. making a decision by the owners of adjacent allotments or the sole owner of these objects;
2. appeal to the cadastral engineer to carry out survey work and determine the boundaries of the newly formed allotment;
3. coordination by the engineer of the boundaries of the new site with the owners of adjacent allotments and execution of the corresponding act;
4. making a boundary plan;
5. appeal to the cadastral authorities of the Rosreestr service to register a new site for registration and registration of rights.

Of key importance is the conduct of land surveying by an engineer, since the ability to put it on cadastral registration will depend on the correct determination of the boundaries of the combined site.

For land surveying, data on the original land plots entered in the USRN are used. If the land has not been registered with the cadastre (such cases are possible if the plots are in the municipal fund or were acquired before 2013), after their merger, this procedure will be performed by the Rosreestr service.

After the engineer determines the boundaries of the new allotment, they must be agreed with the owners of adjacent real estate. If problems arise at this stage (one of the neighbors refuses to agree on boundaries), the dispute can be referred to judicial institutions. If there are no disagreements, all right holders of adjacent plots sign a single act of agreement, which will be an annex to the boundary plan.

The boundary plan will be the basis for registering the object with the cadastral authorities and registering rights, this is indicated in article 14 federal law No. 218-FZ. Its content includes a description of all the characteristics of the new object - area, boundaries, attitude to landmarks on the ground, etc. The information from the specified document must correspond to the data from the state register of the USRN, otherwise the cadastral registration will be refused.

In order to properly record all data on a newly formed real estate unit, the following nuances must be taken into account:

• when a new plot is formed, it will be assigned a unique cadastral number, while the cadastral numbers of pre-existing allotments are canceled by the Rosreestr service;
• data on the original plots are excluded from the state register of the USRN, and information about the new real estate object is entered into the specified federal database;
• in confirmation of the actions taken, the owner or several owners will receive an extract from the USRN state register.

After receiving an extract from the state register, the procedure for combining land plots is considered completed.

Where to go

Carrying out cadastral registration and registration of rights to a newly formed plot of land can be carried out in the following ways:

1. by contacting the territorial department of Rosreestr;
2. by submitting documents to the institution of the Multifunctional Center;
3. by filling electronic form applications through the portal of public services.

In each of the above cases, the applicant must submit a standard package of documentation, the list of which is determined by Federal Law No. 218-FZ.

The documents for carrying out the procedure for merging land objects include:

• title documents for land (certificate of title, extract from the state register of the USRN);
• lease agreements, as well as the permission of the landlord to combine land;
• boundary plan prepared by a cadastral engineer;
• general civil passports of the right holders of adjacent plots;
• a completed application form for registering an object and carrying out registration actions;
• payment order confirming the transfer of state duty.

All of these documents required to combine adjacent plots of land are submitted to the Rosreestr service in the form of originals.

1. The reorganization of a horticultural, horticultural or dacha non-profit association (merger, accession, separation, spin-off, change in legal form) is carried out in accordance with the decision of the general meeting of members of such an association on the basis of Civil Code Russian Federation, this Federal Law and other federal laws.

2. When reorganizing a horticultural, horticultural or dacha non-profit association, appropriate changes are made to its charter or a new charter is adopted.

3. Upon reorganization of a horticultural, horticultural or dacha non-profit association, the rights and obligations of its members shall be transferred to the successor in accordance with the deed of transfer or separation balance sheet, which must contain provisions on the succession of all obligations of the reorganized association to its creditors and debtors.

4. The deed of transfer or separation balance sheet of a horticultural, horticultural or dacha non-profit association is approved by the general meeting of members of such an association and submitted together with founding documents for state registration of newly emerged legal entities or to amend the charter of such an association.

5. Members of a reorganized horticultural, horticultural or dacha non-profit association become members of newly established horticultural, horticultural or dacha associations. non-profit associations.

6. If the dividing balance sheet of a horticultural, horticultural or dacha non-profit association does not make it possible to determine its legal successor, newly emerged legal entities shall be jointly and severally liable for the obligations of the reorganized or reorganized horticultural, horticultural or dacha non-profit association to its creditors.

7. A horticultural, horticultural or dacha non-profit association shall be considered reorganized from the moment of state registration of the newly created non-profit association, except for cases of reorganization in the form of affiliation.

8. Upon state registration of a horticultural, horticultural or dacha non-profit association in the form of joining another horticultural, horticultural or dacha non-profit association to it, the first of them is considered to be reorganized from the moment it is entered into a unified State Register legal entities records on the termination of the activities of the affiliated association.

9. State registration of horticultural, horticultural or dacha non-profit associations newly created as a result of reorganization and making entries in the unified state register of legal entities on the termination of the activities of reorganized horticultural, horticultural or dacha non-profit associations shall be carried out in the manner established by the law on state registration of legal entities.

SNT - how to combine two land plots of the same owner into one?

Question:

In the garden non-profit partnership(Moscow) My parents and I own two adjacent plots united by one fence. At the moment, my parents officially gave me their land, and in fact I became the owner of both. But the chairman of the association refuses to merge the two sites into one, arguing that two sites were registered and contributions must be paid from both, which is of course unprofitable for me. As well as to perform any legal actions (i.e., I will have to donate or sell not one, but two separate plots).

Are there any laws that would allow the chairman and/or the association meeting to refuse to join me? Are there any laws that will help oblige the board of the partnership to grant my application?

Lawyer's response:

You should look for the answer to the question in the norms of land legislation, which mainly do not prohibit the combination of adjacent plots and their transformation into one (clauses 1 and 2 of article 11.6 of the Land Code of the Russian Federation).

It will be possible to secure for you the right of ownership to one land plot formed from two, in the absence of restrictions established by the current legislation of the Russian Federation.

So, as restrictions, we can recognize the circumstances contained in:

• paragraph 5 of Art. 11.6 of the Land Code of the Russian Federation, but they do not concern you in any way;
• Art. 11.9 of the Land Code of the Russian Federation, such restrictions in relation to your site can only be compared if detailed study documents for plots, cadastral plan, etc.;
• Art. 41 Urban Planning Code RF, but, since your sites are within the boundaries of one territorial zone (SNT), this rule will not affect you either.

Considering that the plots are located on the territory of Moscow, the accuracy of the coordinates of the boundaries of the original plots indicated in the cadastral plan and its compliance with the value determined by the Order of the Ministry of Economic Development of the Russian Federation of August 17, 2012 No. 518 should be taken into account.

In order to combine the plots you specified, you need to obtain a cadastral passport for a single object. To do this, you will need to contact a cadastral engineer who will check all the documentation you submitted. this work it is necessary first of all in order to exclude cadastral errors, the possibility of crossing the boundaries of your land with neighboring plots. To do this, the engineer will carry out work to clarify the boundaries and area of ​​the newly formed land. In addition, a personal agreement will be made on the possibility of carrying out such work with neighbors on the land plot and a boundary plan will be formed, which will be subsequently verified by Rosreestr, and based on the results, you will be able to obtain a cadastral passport for the combined land plot.

will remain The final stage- this is the registration of ownership of such a single object, formed from 2 plots and from that moment on, 2 land plots that belonged to you will cease to exist (FZ of July 21, 1997 No. 122).

After receiving a certificate of ownership of the land, you can provide a copy of it to the chairman of the SNT, so that he makes the appropriate changes to the plan. It should be concluded that any permission for the process of combining 2 land plots belonging to you will not be required from the board of SNT. But on the issue of payment membership dues it is worth contacting the SNT and studying the Articles of Association and other documents of the partnership, since how you will have to pay contributions will depend on their content. Alternatively, the Charter may determine the amount of contribution from 1 hundredth. If we start from the norms of the Federal Law of April 15, 1998 N 66-FZ, which establishes the concepts of membership fees (Article 1), membership in the SNT (Article 18), as well as the obligations of members (Article 19), including on the payment of dues, it should be recognized that payment should be made from members of the CNT. That is: 1 member - 1 contribution. I note that it is necessary to study in detail the Charter of the SNT, since it may reflect the features of the payment of such contributions.

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