Gardening cooperative. Horticultural consumer cooperative, unlike snt

In simple words summer cottage consumer cooperative is an association individuals owning summer cottages in one territory. It is created with the help of contributions made by members of the cooperative, necessary to cover organizational costs and maintain relevant documentation. The goal is to promote and assist in the development on the territory of the cooperative country farm.

What legislation governs the DPC?

In order to understand the question of what a dacha cooperative is, it would be best to open the law and get acquainted with this phenomenon.

First of all, it is advisable to refer to the acts regulating the basics of civil legal relations.

So, Civil Code The Russian Federation regulates legal relations arising from the formation of non-commercial corporate organizations(Art. 123.1).

The Federal Law “On horticultural, gardening and dacha non-profit associations of citizens” also contains information on the formation and existence of dacha consumer cooperatives.

Reference! Regulatory legal acts in this area of ​​legal relations does not imply the possibility of permanent residence on the territory of cooperatives.

Duties of the Union of the Consumer Society

As noted above, when joining a dacha consumer or dacha-building cooperative, a certain amount must be paid as a share contribution. Accordingly, any property can be acquired with these funds. All participants can use this property. However, its owner is the cooperative itself as a legal entity.

Also, when joining a cooperative, you need to know that a certain part of the property can go into an indivisible fund.

Participants of a dacha cooperative are obliged to pay in the event that the organization has a negative financial result. This requires additional contributions.

If a legal entity owes money to someone, then the members of the cooperative will also have to pay the debt in amounts depending on their share.

Thus, the members of the society have a great responsibility for the activities of the cooperative. However, the location of the site on the territory of a dacha cooperative does not oblige anyone to join it. A dacha resident has the right to join a dacha cooperative as a member or run a dacha economy individually.

How it works?

KDP or DSK starts working from the moment of registration. The condition for starting work is the presence of at least three participants. They contribute cash as shares.

With this money, property is acquired, which will subsequently belong to the cooperative.

Important! News entrepreneurial activity during his work, he cannot. Exceptions occur only when such activity is consistent with the goals of its creation.

The cooperative gives its members a special book to confirm their participation.

If the dacha is in a dacha cooperative, then the citizen remains its owner, so you can not be afraid to leave membership: the dacha will not go anywhere.

DK works in order to solve the common problems of summer residents. For example, if the house is located in the wilderness, where there is not even water for irrigation, a council meets to decide how to resolve this issue through joint efforts. You will undoubtedly have to pay for such pleasure, therefore, by the way, the funds received as membership fees will come in handy.

To get out of the situation, the cooperative applies to the relevant local authorities municipality, prepares the necessary documentation, submits an application and organizes the entire process of plumbing.

Agree that it will be hard for one single summer resident to fight and achieve results. He will have to search long and hard for like-minded people, which in the end may not be crowned with success.

Pros and cons of such an association for a summer resident

Pros:

• Few taxes. Perhaps, any citizen, even the most conscious, would like to pay less taxes. This is where the main advantage of the society in question lies. You won't have to pay much taxes. I must say that in the DNT the amount of tax payments will have to be transferred in a rather larger amount than in the KDP.
• Small investment. In addition, one cannot but say that, in principle, you won’t have to invest a lot in such a dacha, since the buildings in such territories are already ready, which means you won’t have to build.

No matter how it seems now that such an enterprise is good, negative sides will still be found.

Minuses:

• Poorly developed infrastructure. A person who has a house on the territory of such a society will have to think in advance, before arrival, what he wants to eat, drink, how he will spend his leisure time, because if he did not worry about this in advance, then it is unlikely that he will be able to buy food on the spot .

  This is due to the fact that in such territories there are usually no shops at all, and if they are, then it is unlikely that the assortment will be able to please even the most ordinary man in the street.

  Maybe even have to go somewhere in the neighboring village to find a store. Accordingly, it is also not necessary to talk about any other infrastructure facilities.

• You still have to pay. Even if you rarely come to the dacha and practically do not use the common property, you will have to pay share contributions.

But the choice always remains with the person, because everyone has different needs and opportunities. One difference from a dacha non-profit partnership was mentioned here. But there are others. What are distinctive features dacha (garden) cooperative from dacha (garden) non-profit partnership and non-profit partnership?

They are as follows:

1. Regarding the owners, the following can be noted.
   • A non-profit partnership also provides for membership fees, at the expense of which property is purchased. However, being a member of such an organization, it is you who will be the owner of these values, since the participants are the owners.

     Reference! Despite this, a situation is still allowed when property is acquired at the expense of funds belonging to a special fund. Then the owner of the property will be the cooperative itself as a legal entity

   • But in a dacha non-profit partnership, under any circumstances, the property will belong to the organization.
2. Another difference is expressed in the fact that citizens who are members of a partnership are not required to cover losses or pay the debts of the society. This rule works in reverse side. It is inherent in both partnership and partnership.

What types of cooperation exist?

The answer to such a question is simple. DC itself is a type of consumer cooperative.

Gardening, gardening, housing construction, housing, garage consumer cooperatives are already different organizations and legal forms of ownership, respectively, and their goals will be completely different.

That's why, if you buy a dacha and decide to create a society, you need to decide what to open:

Thus, in order to decide whether a dacha cooperative is suitable for you, you need to properly study this issue. But this cannot be the only recommendation. Also, when purchasing a dacha, it is important to carefully familiarize yourself with the site itself, the house, in the end, it will not hurt even to talk with the neighbors.

In accordance with the civil legislation of the Russian Federation (Article 11 b of the Civil Code of the Russian Federation) - a voluntary association of citizens and legal entities on the basis of membership in order to meet the material and other needs of participants, carried out by combining property share contributions by its members. PC. refers to non-profit organizations. Charter P.K. must contain, in addition to the information required for the charters of legal entities in general, conditions on the amount of share contributions of members of the cooperative; on the composition and procedure for making share contributions by members of the cooperative and on their liability for violation of obligations to make share contributions on the composition and competence of the management bodies of the cooperative and the procedure for making decisions by them, incl. on issues, decisions on which are taken unanimously or by a qualified majority of votes; on the procedure for covering the losses incurred by the members of the cooperative.

The name of the consumer cooperative must contain an indication of the main purpose of its activities, as well as. the word "cooperative", or the words "consumer union", or " consumer society". Members of P.K. are obliged, within three months after the approval of the annual balance sheet, to cover the resulting losses through additional contributions.

What are cooperatives? Types and features of cooperatives

Since the passage of the Cooperatives Act in 1926, farmers' associations such as cooperatives have proliferated in the United States. The Service of Farmers' Cooperatives explained to farmers what cooperation is and what advantages it provides. The beginning of the twenty-first century confirmed the vitality of the cooperative movement. Today, half of the farmers are part of cooperatives.

Another sign is democratic principles. Democracy in the management of a cooperative is manifested in the fact that only the general meeting of members-shareholders has the functions of the supreme governing body. Intermediate structural units elected at the meeting, report to him. The equality of members of the cooperative consists in the possession of one vote, regardless of the number of shares.

DACNO - CONSTRUCTION COOPERATIVE

CONSUMER COOPERATIVE- according to the civil legislation of the Russian Federation, a voluntary association of citizens and legal entities on the basis of membership in order to meet the material and other needs of participants, carried out by combining property shares by its members ... ... Law Dictionary

consumer cooperative- A consumer cooperative is one of the varieties of cooperatives. A consumer cooperative is a voluntary association of citizens and legal entities on a membership basis in order to meet their own needs for goods and ... ... Wikipedia

What are the features of joining a dacha consumer cooperative and what is it

• Few taxes. Perhaps, any citizen, even the most conscious, would like to pay less taxes. This is where the main advantage of the society in question lies. You won't have to pay much taxes. I must say that in the DNT the amount of tax payments will have to be transferred in a rather larger amount than in the KDP.
• Small investment. In addition, one cannot but say that, in principle, you won’t have to invest a lot in such a dacha, since the buildings in such territories are already ready, which means you won’t have to build.

Maybe even have to go somewhere in the neighboring village to find a store. Accordingly, it is also not necessary to talk about any other infrastructure facilities.

Country consumer cooperative

horticultural consumer cooperative

horticultural consumer cooperative- horticultural non-profit association of citizens (gardening or country non-profit partnership, horticultural, horticultural or dacha consumer cooperative, horticultural, horticultural or dacha non-commercial partnership) ... ... Construction Dictionary

Charter of a horticultural (gardening, dacha) consumer cooperative

5.21. Membership fee- funds periodically contributed by members of the Cooperative to cover the costs of maintaining common property Co-op and running costs economic activity Cooperative: payment of taxes, fees and other payments established by applicable law; expenses for wages, maintenance of accounting and other expenses provided for by the estimate approved by the General Meeting of the members of the Cooperative.

9.7. The minutes of the General Meetings of the members of the Cooperative are drawn up within three days and signed by the Chairman of the meeting and the secretary, certified by the signature of the Chairman and the seal of the Cooperative and are kept permanently in the affairs of the Cooperative. Minutes of meetings and certified extracts from them must be provided to a member of the Cooperative at his request.

Creation and registration of a consumer cooperative

It should be noted that the list of members of the consumer cooperative must be attached to the charter, indicating the last name, first name, patronymic, place of residence and details of the identity document of the citizen, as well as the name, location and bank details of the organization, if a member of the consumer cooperative is a legal entity.

However, in order not to violate the legislation of the Republic of Kazakhstan, it is necessary to rely on the requirements of the Law "On Non-Commercial Organizations", since the consumer cooperative is non-profit organization and is therefore subject to the requirements of this Act.

Pros and cons of a dacha consumer cooperative

Dacha consumer cooperatives are created in order to achieve common goals for the construction, improvement and maintenance of the territory on which the houses of the participants in these associations will be located. These organizations are created exclusively on a voluntary basis. The purpose of creating dacha consumer cooperatives may also be to provide the village or several houses with the necessary infrastructure - roads, gas, water supply. Also, dacha consumer cooperatives can be created in order to ensure the cleaning of the territory, garbage disposal and for other needs. Goals for this organization are mainly set such that it is impossible or extremely difficult to achieve on their own.

It's time to properly understand what dacha cooperatives are, how and why they are created, and also to reflect on the advantages and disadvantages of such associations. In this article we will try to answer all these questions and bring them to a common denominator.

Charter of a dacha consumer cooperative - Aleshkino

1. improvement and landscaping of the territory, maintaining it in a condition that meets modern cultural and aesthetic requirements;
2. purchase and delivery in the interests of members of the Cooperative of planting material, garden and other equipment, building materials, fertilizers, pesticides, other necessary goods;
3. creation of a favorable ecological situation on the territory, appropriate conditions for gardening (horticulture, dacha farming);
4. creation and development of engineering, technical and social infrastructure of the territory, property and other objects common use;
5. repair and maintenance of engineering networks, roads and other public facilities at the expense of the Cooperative both by the Cooperative's own resources and by the forces of contractors and individual entrepreneurs involved for these purposes on the basis of civil law contracts;
6. ensuring, in case of creation, the working condition of water supply, electricity supply, sewerage systems within the houses and land plots of members of the Cooperative, their emergency and current repairs;
7. attraction on a contractual basis specialized organizations and private individuals to ensure law and order in the territory, protect the property of the Cooperative and the property of its members;
8. organization of construction or construction on their own on designated areas in accordance with the established procedure land plots buildings, structures, structures necessary to achieve the goals of the Cooperative;
9. provision of trade, social, repair and other services to members of the Cooperative.

9.4. The chairman of the board of the Cooperative may be assigned other duties necessary to ensure the normal activities of the Cooperative, on the basis of internal regulations, regulations and instructions developed and approved by the board and general meeting members of the Cooperative in accordance with the Charter, with the exception of the duties assigned by the charter to the general meeting of the Cooperative.

What is a dacha cooperative

cooperative- (cooperative) 1. Worker cooperative. Type entrepreneurial organization common in labour-intensive industries such as agriculture, and often associated with socialist countries. Creation ... ... Glossary of business terms

COOPERATIVE- (from lat. cooperatio cooperation) an organization based on the principle of individual membership in order to work together or meet other needs of a material and economic nature. The legislation of the Russian Federation distinguishes K. commercial ... ... Law Dictionary

Source: zakonandporyadok.ru

Dacha consumer cooperative is an organization founded by citizens voluntarily. It assists all participants, helping to solve the complex social problems of gardening and horticulture.

According to the civil legislation of the Russian Federation, namely, according to Article 11 b of the Civil Code of the Russian Federation, this is a voluntary union of people and legal entities on the basis of membership. Their the main objective is to meet all the needs of the participants, which are carried out through the pooling of contributions.

Article 11 of the Civil Code of the Russian Federation. Judicial protection of civil rights

1. The protection of violated or disputed civil rights is carried out in accordance with the jurisdiction of cases established by the procedural legislation, the court, arbitration court or arbitration court (hereinafter referred to as the court).
2. Protection of civil rights in the administrative procedure is carried out only in cases provided for by law. An administrative decision may be challenged in court.

The dacha cooperative is a non-profit organization. In addition to information and mandatory statutes, it also contains conditions on contributions, their composition and liability for violation. All decisions are taken unanimously.

After the annual balance sheet is approved, PC members must cover the losses that have been incurred in this way. If such obligations are not fulfilled, the cooperative may be removed according to the requirements of creditors. As for the rights and obligations, they are determined according to the laws of the Russian Federation on dacha cooperatives.

Advantages and disadvantages

The advantage of such organizations is that all profits are distributed among the participants, taking into account labor contributions and their sizes. If a person does a lot for the cooperative, he gets the most benefit.

During the liquidation of a cooperative, property among members is often distributed with labor contributions. It may be aimed at meeting the requirements of creditors. Thus, all participants are interested in working in good faith and contributing to the activities of the cooperative.

It is also worth noting that all members of the cooperative have the same rights and everyone has a vote.

As for the shortcomings, it is worth noting the difficulty in creating such an organization. As mentioned earlier, the composition should include 15 individuals and 5 legal entities. All participants must take an active part in the work of the organization, and for some this may seem uninteresting and tedious.

KDP as a legal entity

A legal entity conducts its activities in accordance with the charter or in accordance with memorandum of association. A person created by the code acts on the basis of the charter, which is approved by the founder. In the charter dacha association liability of legal persons.

What documents accompany the activity?

The cooperative has such documentation:

• on the establishment of the organization.
• with all additions and changes.
• Documents that confirm the cooperative's right to property.
• Internal papers.
• Accounting reports.
• Minutes of meetings and meetings of the commission.
• Conclusions from state and municipal control bodies.
• Documents that are provided for by the law of the Russian Federation.

cooperative in without fail should provide access to all documents.

Comparison with a horticultural and horticultural organization

Let's consider each of them separately. The horticultural partnership has the following characteristics:

• The property that was purchased with the help of contributions from members of the partnership is the property of the organization.
• Everyone who is a member of such an organization does not meet the obligations.
• The partnership has the right not to satisfy the demands of all those who are members of it.

Garden partnership has the following features:

• Property purchased at the expense of participants is considered their property. Legal entities also have the right to dispose of it.
• Members of a horticultural partnership do not meet its obligations.
• The partnership does not meet the requirements of the participants.

The dacha organization is distinguished by the following features:

• The property that was bought with the money of the members of the partnership may be used for their purposes.
• All members of such a cooperative must cover losses by contributing additional funds.
• Members of the dacha association carry full responsibility for all actions, and if necessary, they pay contributions in an equal amount from each member of the community.

How is it different from other types?

It is assumed that a dacha cooperative involves the construction of houses and their registration as property, while with other species, only the development of a garden is possible, and the construction of houses plays a far from major role.

It should be noted that there are no clear distinctions in the law. Registration on the territory of such organizations is excluded, however, in the future, some changes will come into force. It is impossible to register at dacha and garden cooperatives, but in horticultural partnership such an opportunity will soon appear for everyone.

Become a member of the community

Persons who have reached the age of 18 can become a member of the cooperative. The law provides for the possibility of becoming participants for legal entities. Before you join the community, you need to submit a written application and pay an entrance fee. It is established by statute.

Whether to accept a person into a cooperative is approved by the general meeting, at which all participants are present. It is important to separately tell about those who are already members of the organization. Such persons have the right to vote at meetings because they are rightfully accepted into the community.

How to leave the association?

A member of the partnership has the right to leave it on a voluntary basis. This is provided for in Art. 19 of the Law of April 15, 1998 No. 66-FZ. At the same time, do not forget about the consequences that you will face.

To finally leave the organization, you need to write in duplicate. One is given to an authorized person, and the second remains with you. Getting permission to leave is not required, as it is voluntary.

Conclusion

As you can see, there is nothing difficult in becoming a member of a cooperative or leaving it. Earlier, the distinctive features of the organization were considered, due to which one can understand what it is and what goals it has. Answers to your questions about the activities can be obtained from the chairman.