Approximate garage charter. Basic rules for creating a garage cooperative

21.09.2019

In cities, storing personal vehicles is a problem for many car owners. A garage is an excellent solution, because it can be armed and used to store not only a car, but also other equipment - an ATV, a boat, a snowmobile, as well as personal belongings. The garage can be equipped with a car pit and a cellar for storing food. The most common form of association of owners vehicles is a cooperative. Anyone can join it. Such associations must be created according to all the rules and obey the law.

Cooperative concept

A garage or garage-building cooperative (GC, GSK) is a non-profit association created with contributions from participants. Garage cooperatives are considered legal organizations, but all members contribute to their construction. Shareholders resolve all pressing issues at meetings, discuss the development plan of the cooperative, and make decisions by voting.

The land is leased, garages are built not without permission, but legally. Construction and electricity supply are cheaper. The development of the complex occurs gradually, payment of fees is monthly, but not very large. The activities of such citizen associations are regulated by law. Among regulatory documents Civil Code of the Russian Federation (Article 50, Article 116 Part 1), Tax Code of the Russian Federation (regarding contributions, profits from other finances).

The charter is also adopted garage cooperative. It sets out the basic rules for its activities. The chairman of the GSK is elected. He is the initiator of all activities of the association, makes the necessary decisions, and signs the minutes of meetings.

When construction is completed, all garages will be considered common shared property, and specific spaces for cars will belong to the members of the GSK. By the way, three participants are enough to create an association. In the future, each of them can register the garage as their property, and until then the cooperative is obliged to pay taxes. It is important to know that after the complex is completed and share contributions are made by all participants, the garage cooperative must be converted into a consumer cooperative.

How to build a new GSK

To form a garage cooperative, it is important to attract car enthusiasts by getting them interested in the proposal to create a non-profit association of vehicle owners. Most often, participants are united by their area of residence. It can take a long time to prepare. The first stage is paperwork.

Together with a group of first members, you will need to draw up a charter for the association. It should indicate how the property of the association is formed, the sources of financial receipts, the amount of entrance and additional fees. Each participant is given a membership book.

Next, you should apply for registration and registration with tax authority. Then open a bank account for a legal entity. To speed up the registration process of the State Insurance Company and to avoid errors, you can entrust the preparation of documents to a law firm. Documents that will need to be submitted to the tax service in 2019:

application for registration;
association charter;
minutes of the meeting at which it was decided to create a garage and construction cooperative;
receipt of payment of state duty.

It will be necessary to select a plot of land on which the complex will be located. To do this, the required documents are submitted to the town planning authority. You should find out exactly what documents are needed at the specific department. The process of preparing constituent documents will take some time. After receiving the cadastral passport, a lease agreement for the land will be issued. The land plot must be registered with Rosreestr.

When the land documents are ready, construction can begin. It's better to trust this process construction company with a good reputation to avoid problems with delivery deadlines, extra costs and fraud. It is necessary to conclude a contract for the provision of construction services.

Charter of the organization

So, a garage cooperative must have its own charter; a sample of this title document can be downloaded for free on our website. However, it will not be superfluous to find out what the charter of a garage cooperative is and what information it should contain. So, in the first chapter it is written general information- name, address of the cooperative. It is noted that this is a legal entity that has a balance sheet, a bank account, a seal, its own letterhead, and so on.

The chapter “Goals” indicates the reasons for the creation, how the goals are achieved (concluding contracts, establishing communications, ensuring the viability of the association, and others). The next paragraph sets out monetary issues: property, description of funds, amounts of contributions and conditions for their repayment, penalties for late payments, expenses of the State Insurance Company.

The next chapter is about the bodies governing the association. The General Meeting is endowed with undeniable power; it adopts the charter and all amendments to it, establishes the amount of contributions and funds, accepts new members of the State Joint Committee, expels violators, approves estimates, elects members of the board and audit commission, and decides on the liquidation of the association.

The board, which is headed by the chairman of the garage cooperative, deals with organizational issues, is responsible for collecting contributions, plans expenses, prepares and conducts meetings, draws up estimates, adjusts the list of participants in the GSK, etc. The commission is convened to monitor financial transactions. The same person cannot be both a member of the board and a commission.

At the same time, the participant is obliged to comply with all clauses of the charter, fire safety rules, garage maintenance, and make all necessary payments on time. If participants do not comply with the rules, sanctions should be taken, up to and including expulsion from the cooperative. Voluntary withdrawal from the association is also possible. The following paragraphs of the charter stipulate the conditions for the reorganization and liquidation of the association, as well as the maintenance of reporting and accounting.

Finance GSK

In garage cooperatives, contributions are the main source of property formation. It is better to specify all the conditions relating to them in the charter. For example, how the entrance fee is paid by each new member of the cooperative, where the funds are sent. Membership fees go towards current expenses. Targeted - for the creation, repair, modernization of public property. The share contribution is calculated based on the costs of constructing the garage complex. It can be contributed not only in cash, but also in property. Additional contributions may be collected to keep the organization out of debt.

Garage associations are created so that all participants can have places to store cars. The organization itself does not receive any profit. However, a garage and construction cooperative can conduct activities that involve making a profit. Free boxes can be rented out, and a car service center, tire service, and car wash can be organized on the territory of GSK, providing paid services to everyone.

Of course, accounting must separate income from both types of activities. Otherwise, targeted fees will also be subject to income tax. All shareholders must receive interest from the income. In GSK it is possible to privatize the land under each garage into the ownership of the owner. To do this, the box must be a separate building with an individual entrance and walls. It also happens that the complex has common walls, then the plot under it is considered indivisible. And you can only buy a share of the land.

In comparison with other forms of non-profit associations of citizens garage-consumer cooperative has a number of features. They must be taken into account at the planning stage of society. Let's look further at how to create a ha raje cooperative.

Preparation

Before that, you need to find people who will form an initiative group. At this stage, the organizational skills of the creator will become important. It is necessary to interest car owners in the benefits that a garage cooperative provides. A private garage is the dream of every car owner. However, not everyone can afford it. The best way out of this situation would be. It may include people united by place of residence or work, or other characteristics. It should be said right away that the preparatory stage is considered the most labor-intensive. It may take quite a long time.

Important Steps

The initiative group needs to develop a charter for the garage cooperative. It describes issues related to the creation of common property and sources of funds. As a rule, garage-building cooperative exists on entrance and share fees. Other payments may apply. An important stage is state registration. It is produced in the territorial division of the Federal Tax Service. The tax service should provide the constituent documents garage cooperative documents and a statement. A necessary condition for registration is the opening of bank accounts. First of all, there must be a main account of the association. In addition, personal accounts are being opened so that everyone garage cooperative member could transfer contributions.

Plot

Garage cooperative land, as a rule, is provided for rent. To do this, you should contact the authorized body dealing with issues of urban planning and use of the territory. In each region, the legislation establishes its own list of documents that must be submitted to this authority. The lease agreement is concluded after the development and registration of the constituent papers and cadastral passport for the site. This agreement is subject to registration. To start constructing garages, you need to draw up an agreement with a specialized company. Such an organization must have a license. After completion of construction, agreements are concluded with operating enterprises. Objects that are being built garage cooperative, - property of this association. To obtain a certificate, you must contact the registration service.

Features of registration

You should register according to the rules established for other legal entities. Regulatory regulation of the procedure is carried out on the basis of Federal Law No. 129. In accordance with its provisions, in tax office To register an association, you must submit the following documents:

Statement. The signature of the authorized person must be notarized.
GSK Charter.
Minutes of the meeting. It must contain a decision to create a cooperative.
Receipt of payment of the duty.

The application is filled out according to f. P11001. The third section should provide complete information about the shareholders who are part of the GSK management body.

Nuances

The charter of the cooperative must contain all information about the association. As a rule, the information is divided into several sections. The first provides general provisions. They contain, first of all, the full name of the association. The name must contain an indication of the subject of the GSK activity. The address must be provided. IN general provisions it is also indicated that - a legal entity that has an independent balance sheet, bank accounts, seal, stamp, forms, etc.

Features of the activity

They are described in a separate section of the charter. In particular, the subject and purpose of the activities of the GSK are indicated. The reasons why the association was created must be described. Information about the subject of activity indicates the means by which the goal of forming a cooperative will be achieved. This may be, in particular, concluding contracts for the construction of facilities, developing projects, laying and connecting utility networks, etc.

Property

This section should describe issues relating to the financial position of the association. In particular, the sources of funds for which it is created are indicated. This section also provides information that special funds will be created on the basis of GSK. Be sure to give them brief description. It also determines the amount and procedure for transferring entrance fees, responsibility for their non-payment or late payment.

Control

As a rule, the association produces:

Supreme body. This is the general meeting.
Executive body. It is led by the chairman of the garage cooperative.
Control body.

The competence of the general meeting includes issues related to:

Determination of the amount of contributions and the size of financial funds.
Adoption of the charter and amendments to it.
Admission of citizens to the GSK and their exclusion.
Approval of cost estimates and annual balance sheet.
Election of the audit commission, deprivation of its powers. The general meeting also appoints the chairman of the garage cooperative.

The competence of the executive structure of the GSK includes:

Organization of collection and accounting of contributions.
Drawing up cost plans and estimates.
Maintaining lists of members of the association.
Preparation and approval of the meeting agenda.

The audit commission acts as a control body. It may not include members of the board. The competence of the commission includes issues related to the financial affairs of GSK.

Membership

The constituent documents of the association must establish the conditions for the entry of citizens, duties, legal options, and responsibilities. Members of the cooperative can count on:

Participation in management.
Share in profits and other payments.
Obtaining any information about the work of the GSK.
Reimbursement of the contribution upon leaving the association.
Receipt of a share from the property upon liquidation of the company. The exception in this case is the funds of an indivisible fund.

Along with the above capabilities, each participant is given the following responsibilities:

Comply with the provisions of the constituent documents and decisions of governing bodies.
Comply with fire safety, sanitary, technical standards and rules for maintaining facilities.
Make contributions and other mandatory payments on time.

Responsibility

IN garage cooperative rights as a legal entity, the opportunity to exclude a participant from the association is included. This measure may be applied in the following cases:

Systematic non-payment of contributions.
Violations of the provisions of the constituent documents and decisions of governing bodies.
Failure to comply with the rules for maintaining objects.
Causing damage to the material assets of the association or its reputation, creating obstacles for GSK to carry out its activities.

Liquidation/reorganization

Any structural changes in the association, as well as termination of its work, are carried out on the basis of a decision of the meeting. Division, merger, affiliation, other forms of reorganization, as well as liquidation of GSK are carried out according to the rules established for business companies. The grounds on which the GSK may terminate its work, in addition to the decision of the meeting, include:

Judgment.
Declaring the association insolvent (bankrupt).

The charter of the cooperative must contain a description of the activities related to liquidation.

Contributions

They act as the basis for financing the cooperative. The Civil Code provides for not only shares, but also additional contributions. The following types of payments may be established in the constituent documents:

Garage in a garage cooperative

Before the start of the direct work of the GSK, all property belongs to the association as a legal entity, if state registration has been carried out in in the prescribed manner. As for the members of the society, they do not need to obtain certificates from the very beginning of joining the cooperative. The legislation establishes that car seats belong to those citizens who have made the full amount of share contributions. After completion of the construction of the boxes, only public areas will remain on the balance sheet of GSK. The property will be in shared ownership. The corresponding provision is enshrined in Article 244 of the Civil Code. The main purpose of the association is to provide interested parties with garage. In a garage cooperative Meanwhile, business activities can also be carried out. For example, this could be renting out boxes, providing paid services vehicle owners for repair or maintenance.

Accounting

If GSK conducts non-commercial and commercial activities, the accounting department needs to master the procedure for maintaining separate reporting. Income not taken into account when determining the base for calculating profit tax, as well as targeted funds, are defined in Article 251 of the Tax Code. The latter include amounts used to maintain property and conduct the main activities of the association. These funds must be received free of charge from organizations and citizens. Targeted revenues include membership, shares and entrance fees. If there is no separate accounting in the GSK, then these payments are subject to income tax.

Features of taxation

The profit of the cooperative is paid to shareholders. The legislation uses the term “corporate payment”. It is worth saying that upon leaving the association, the participant has the opportunity to receive its annual amount. The income of a cooperative member is subject to personal income tax. At the same time, GSK does not act as an agent in relation to its participants. GSK deducts property tax only from those objects that are on the balance sheet. In the liability account. 83 reflects additional capital. For those places that are owned by the participants, they pay the tax themselves.

Privatization of plots

As a rule, land is provided to a cooperative for indefinite use or long-term lease. Accordingly, the legal owner remains the state or local government. In order for the site to become property, it is necessary to carry out privatization. In other words, it is necessary to purchase the land from the municipality or the state. Regulatory regulation of this procedure is carried out on the basis of the Land Code. As the deed indicates, the owner of the garage has the exclusive right to purchase the area under it. The price of the allotment is determined by regional legislation. As a rule, the cost is influenced by the location of the object. However, in any case, it cannot be more than the cadastral price.

Possible obstacles to repurchase

It should be noted that privatization of a garage is possible only if it is a separate structure, has its own entrance, foundation, etc. If a citizen owns one of the boxes built in the complex, then the plot under it is indivisible. Questions about the possibility of dividing such objects are decided by the architecture and land use authorities. If the object is recognized as indivisible, a person can only buy out a share in the right.

Registration of the certificate

First of all, to purchase a plot, you must submit an application to the local administration. Attached to it:

Copy of Russian passport.
A certificate confirming that the garage is owned.
Extract from the Unified State Register for the site. If no rights have been established in relation to the allotment, a document indicating this is presented.
Cadastral passport.
A copy of the document on the perpetual use or lease of the site.

The application is considered for about a month. During this period, firstly, the information provided is checked for completeness and accuracy. If no errors or violations are identified, the administration draws up a purchase and sale agreement. The applicant is notified of the need to enter into an appropriate agreement. After this, the agreement is submitted to the body that carries out state registration of rights.

Fire safety

Before registering the GSK, it is necessary to comply with all requirements of the industrial safety regulations. The main activities that should be carried out include:

Organization of fire protection work.
Design and installation of protection systems. They include alarm systems, installations for smoke removal, warning, fire extinguishing, and evacuation management.
Conducting examinations and audits, preparing declarations.
Perform independent risk analysis.
Development and production of evacuation plans.
Briefing with members of the cooperative. As a rule, classes are held before joining the association.
Development of organizational and administrative acts on industrial safety.

Prohibitions

In accordance with the requirements of regulations governing fire safety, the following is not allowed:

Placing cars in a quantity exceeding the norm, violating the vehicle placement plan, reducing the distance between cars.
Obstruction of driveways and exit gates.
Carrying out thermal, forging, painting, welding, woodworking work, washing parts using flammable and flammable liquids.
Maintain vehicles with open fuel tanks or leaking fuel or oil.
Refuel vehicles and drain fuel and lubricants.
Charge the battery in the car.
Warm up the engine using an open flame, use blowtorches and torches for lighting.
Keep furniture and other items made of flammable materials in garage boxes.
Leave cars unattended if they have oil or fuel leaks.
Store fuel and lubricants in a volume exceeding 20 liters, and oil reserves exceeding 5 liters.

Additional instructions

Fuel and oil must be kept in tightly closed, secure containers. Garage boxes must be kept clean. Spilled oil or fuel is immediately covered with sand and then removed from the room. Cars are not allowed to be placed in driveways or fire breaks. All boxes must be equipped with sand boxes and fire extinguishers. It is not permitted to use firefighting equipment and equipment other than for its intended purpose.

Conclusion

When creating a garage cooperative great attention attention should be paid to preparing documentation. Since the volume of papers is quite large, it makes sense to entrust their preparation to qualified lawyers. Today there are quite a lot of companies offering paperwork services. Since the GSK receives contributions from participants, the association must include an accountant or other specialist who understands financial matters. Mandatory requirement legislation is reporting and drawing up the balance sheet of the State Insurance Company. This work should definitely be done by a professional. In general, as noted above, the process of creating a cooperative, especially in initial stage, is associated with various difficulties, since you need to know the intricacies of legislative requirements and the specifics of procedures. However, as practice shows, if all actions are carried out correctly and in accordance with the provisions of regulations, the activities of GSK bring good profits to its participants.

garage cooperative

1. GENERAL PROVISIONS

1.1.1. The founders of the Cooperative are: .

1.2. Location of the Cooperative: . The Chairman of the Cooperative is located at this address.

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 - with the aim of meeting the needs for garages.

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

1.5. A cooperative is created without a limitation on 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, mutual property 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, current 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 responsibilities, and represent the general interests of the Cooperative members in government agencies 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 to the extent of the unpaid portion of the additional contribution of each member of the Cooperative.

1.10. The cooperative in its activities is guided by the Civil Code of the Russian Federation, other current legislation and this Charter.

2. GOALS 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 of the cost declared by them for the construction or acquisition through the Cooperative of garages within the terms and conditions determined by the agreement between the Cooperative and each of its members;
placing real estate objects acquired for a member of the Cooperative on the balance sheet of the Cooperative and keeping them on the balance sheet until this member of the Cooperative pays the full cost of the specified garages to the Cooperative;
transfer of a garage purchased for a member of the Cooperative and fully paid for by him into the ownership of the member of the Cooperative;
transfer of a garage purchased for a member of the Cooperative and not fully paid for by him into the ownership of a member of the Cooperative, upon provision of the necessary guarantees;
if necessary, execution of a pledge or guarantee agreement between the Cooperative and its member to provide the Cooperative member with a garage or funds for its purchase;
provision by the Cooperative to its members of the necessary guarantees for them to receive loans, purchase securities, and other property;
participation in shared investment in the construction of garages at the expense of share contributions of its members;
other types of activities that the Cooperative has the right 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 activities only after obtaining the appropriate license.

2.3. To achieve the goals determined by the Charter, the Cooperative has the right:

enter into equity investment agreements for the construction of garages, as well as all other structures that make up the garage complex;
purchase the necessary equipment;
enter into contracts for the development of design and estimate documentation;
acquire ownership or rent the necessary equipment, units and technical means;
use bank loans with consent General meeting members of the Cooperative;
organize your own service for security, cleaning, improvement of the territory of the garage complex, its repair and maintenance;
enter into contracts for the provision of services;
carry out business activities in accordance with the goals 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 and other objects of modern social infrastructure at the expense of own and borrowed funds;
carry out in established by law the procedure for investing in the construction of garages and other modern social infrastructure facilities at the expense of own and borrowed funds;
attract legal and individuals as investors on mutually beneficial terms for the purposes of construction and investment in the construction of garages and other modern social infrastructure facilities;
purchase from the state, municipalities, individuals and legal entities 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 paid and free basis;
receive loans and credits on a contractual basis from the state, municipalities, individuals and legal entities;
sell and transfer to the state, municipalities, individuals and legal entities goods and other property on a compensated or free basis, provide services, perform work;
write off fixed and working capital from the balance sheet 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 ownership of the property transferred to it by its members as a share contribution.

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

3.3. The property of the Cooperative is formed due to:

entrance and membership shares, targeted, additional and other contributions of members of the Cooperative;
voluntary property contributions and donations;
income from entrepreneurial activity;
income from the use of the Cooperative's property;
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 Cooperative funds on the basis of its property:

a mutual fund, which is formed from share contributions and share borrowings from members of the Cooperative and is used to purchase real estate and other property for members of the Cooperative, pay dividends to members of the Cooperative and provide them with loans;
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 losses of the Cooperative in the event that members of the Cooperative fail to deposit 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 members of the Cooperative under any circumstances;
The guarantee fund, which is formed from share guarantee contributions, is intended to cover the Cooperative's costs of 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 can be money, securities, other property, including property rights, as well as other objects civil rights. Land plots and others natural resources may be a share contribution to the extent that their circulation is permitted by 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 contribution within days from the date of the decision of the General Meeting of Members on admission to membership of the Cooperative.

The 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 fees are paid monthly and are used for operating expenses. Membership fees can be paid throughout the entire quarter until the date of the month following the quarter for which fees are paid.

3.7. If a member of the Cooperative has not paid the share or membership fee on time, then for each day of delay in payment he must pay a penalty in the amount of % of the amount owed, but not more than the amount of the share or membership fee. Penalties are used for the same purposes as matching contributions.

3.8. The amounts of share and membership fees are determined by the General Meeting of Members of the Cooperative.

3.9. If, after the approval of the annual balance sheet, the Cooperative experiences losses, the members of the Cooperative are obliged to cover the resulting losses through additional contributions in the amount and within the time frame established by the General Meeting. Liability for failure to fulfill the obligation to pay additional contributions on time is similar to the penalties 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 operating expenses. Membership fees can be paid throughout the entire quarter until the date of the month following the quarter for which fees are paid. If membership fees are not paid by a member of the Cooperative after this period, the consequences specified in clause 3.6 of this Charter will occur.

3.11. The decision to make targeted contributions, if necessary, is made by the General Meeting of Members and determines the amount and timing of their payment.

3.11. Income received by the consumer Cooperative from business activities carried out by the Cooperative in accordance with the law and charter is 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 Cooperative's profit is distributed among its employees by decision of the General Meeting of Members of the Cooperative. The procedure for distribution of profit is provided for by the General Meeting.

3.13. The part of the Cooperative's profit remaining after paying taxes and other obligatory payments, as well as after directing the profit for other purposes determined by the General Meeting of the Cooperative members, is subject to distribution among the members of the Cooperative. The part of the Cooperative's profit, distributed among the members of the Cooperative in proportion to the size of their share contributions, should not exceed fifty percent of the Cooperative's profit 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;
Inspector.

4.2. The next General Meeting of the Cooperative is convened by the Board at least once a year by written notification to all members of the Cooperative.

4.2.1. The General Meeting has the right to make decisions if more than % of the Cooperative members 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 supreme body management of the Cooperative and has the right to make decisions on any issues of the Cooperative’s activities, incl. falling within the competence of other bodies, and also has the right to cancel decisions of the Board. The exclusive competence of the General Meeting includes:

approval of the Charter of the Cooperative;
making changes and additions to the Charter of the Cooperative;
making decisions on opening representative offices, branches, participation in business entities ah, non-profit organizations, the creation of business societies, cooperatives, non-profit organizations;
election of the Auditor, members of the Board of the Cooperative and the Chairman of the Cooperative;
approval of reports of the Board and the Auditor;
resolving 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 alienation real estate Cooperative;
making a decision to conclude a transaction for an amount exceeding the minimum wage established by law;
making decisions on loans in excess of the minimum wage established by law;
determining the maximum loan size provided by the Cooperative to its member and the conditions for 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 (except for 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 convening a General Meeting is given to members of the Cooperative against signature or sent by registered mail days before the expected date of the General Meeting, indicating the place, date, time of the meeting and with the agenda of the General Meeting attached.

4.2.5. The procedure for holding and making decisions 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 issues. Extraordinary General Meetings may be convened at the request of at least members of the Cooperative, the Auditor, by decision of the Board and the Chairman of the Cooperative.

4.2.7. The 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. The 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 among the members of the Cooperative for a period of time that manages the Cooperative in the period between General Meetings. Meetings of the Management Board are held at least less frequently. The work of the Management Board is led by the Chairman of the Management Board. The Management Board in its activities is guided by the Regulations on the Management Board, approved by the General Meeting.

4.3.1. A meeting of the Management Board is valid if members of the Management Board are present. Decisions are made by votes of 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 membership in 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 targeted contribution, approves the amount and terms of payment and the direction of their use;
approves the procedure for covering losses of the Cooperative;
plans the economic and financial activities of the Cooperative;
decides on the creation of branches of the Cooperative;
resolves the issue of providing a loan to a member of the Cooperative;
approves cost estimates and staffing table apparatus of the Cooperative;
manages the current activities of the Cooperative, with the exception of issues referred by the Charter to the competence of other bodies of the Cooperative;
is the main manager of loans and controls the correct expenditure 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, monitors the implementation of decisions made;
considers proposals and applications from members of the Cooperative;
approves internal documents of the Cooperative, with the exception of documents whose approval is within the competence of the General Meeting;
approves and amends the Regulations on the procedure for payment by members of the Cooperative of share and other payments and the provision of residential premises and other modern social infrastructure facilities to them, the Regulations on the Auditor of the Cooperative, the Regulations on mutual lending, the Regulations on mutual insurance, as well as other Regulations that need to be approved follows from the Charter of the Cooperative;
represents the Cooperative in government and management bodies, 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 Management Board to the General Meeting;
determines the list of information constituting a trade secret of the Cooperative;
concludes agreements for the implementation of business activities by the Cooperative.

4.3.3. The Chairman of the Cooperative is the head of the Board of the Cooperative and carries out the following actions:

without a power of attorney, acts on behalf of the Cooperative, signs financial documents, accepts obligations, opens and closes bank accounts of the Cooperative, issues powers of attorney;
issues instructions and orders mandatory for full-time employees of the Cooperative;
hires and fires full-time employees;
approves the staffing table, wage fund, reserve and other funds, as well as the amounts of official salaries of full-time employees of the Cooperative;
disposes of the property of the Cooperative in accordance with the general procedure and directions determined by the General Meeting and the Board;
concludes contracts on behalf of the Cooperative.

4.4. To control the activities of the Cooperative, the General Meeting elects an Auditor for a term of .

4.4.1. The audit of the financial and economic activities of the Cooperative is carried out based on the results of the Cooperative’s activities for the year, as well as on the initiative of the Inspector, the decision of the General Meeting of the Cooperative members, or at the request of at least the 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 MEMBERS OF THE COOPERATIVE

5.1. Members of the Cooperative can be citizens over 16 years of age 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 a written application for admission to membership of the Cooperative addressed to the Chairman of the Cooperative, in which they indicate their passport details, for legal entities - bank details and name.

5.3. Admission to membership in the Cooperative is possible by decision of the Chairman of the Cooperative, or by decision of the Board of the Cooperative, or by decision of the General Meeting of Members of the Cooperative.

5.4. After the Board of the Cooperative makes a decision on admission to membership of the Cooperative and sets a deadline for paying the applicant’s share contributions, 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 contribution. In case of delay in payment of these fees, the applicant pays a penalty in the amount of % of the amount owed for each day of delay. If the delay exceeds days, then the decision of the Cooperative Board on admission to membership of the Cooperative becomes invalid, and the admission becomes invalid. The funds received from the applicant as an entrance fee and partial payment of the share fee are returned to him.

5.5. A member of the Cooperative is obliged:

comply with the provisions of the Charter, decisions of the General Meeting, the Board of the Cooperative and the Auditor;
comply with state technical, fire, sanitary standards and rules for maintaining a garage;
timely and in in full make contributions established by the Charter and the General Meeting;
bear the burden of expenses for maintaining and repairing a garage owned by a member of the Cooperative;
timely pay all taxes and fees established by the state on real estate;
participate in the improvement of the territory of the garage complex;
participate in the costs of maintenance, repair and operation of common property;
inform the Cooperative Board about the proposed alienation of your garage;
comply with the rules for using the garage approved by the General Meeting;
participate in general events held by the Cooperative;
treat the property of the Cooperative with care, 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 for their share contributions;
provide loans to the Cooperative and its members to achieve statutory goals;
conclude an agreement with the Board of the Cooperative on the use for a reasonable fee of utility networks and common property of the Cooperative upon leaving the members of the Cooperative;
receive any information about the activities of the Cooperative;
access and review the reports of the Management Board, the Auditor, the opinions of an independent auditor and other financial documentation;
alienate your garage and share in common property;
use the facilities and equipment of the garage complex as a matter of priority;
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 casting 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 leave the Cooperative at any time. An application for leaving the Cooperative is submitted by its member to the Chairman of the Cooperative no later than two weeks before leaving. Each member of the Cooperative has the right to receive the value of the share upon leaving the Cooperative. In this case, the cost of the share can be paid to a member of the Cooperative in cash or property, including real estate. A person who has left the Cooperative member may receive the value of the share within the period after the end of the financial year. A member of the Cooperative who has made a full share contribution may, at his own discretion, remain in the Cooperative or leave it at any time.

5.8. A member of the Cooperative may be excluded from the Cooperative based on a decision of the General Meeting, provided:

failure to fulfill obligations established by the Charter or the General Meeting of the Cooperative;
violations of the Charter, rules of maintenance of the garage provided for his use;
causing harm by their actions to the property of the Cooperative, its activities and reputation.

A member of the Cooperative who is expelled from the Cooperative is deprived of the right to use the garage. A member of the Cooperative who leaves or is expelled from the Cooperative is paid the cost of his share contribution and Cooperative payments in the amounts, terms and conditions that are provided for by the Charter of the Cooperative at the time the member of the Cooperative joins it.

5.9. The expelled member of the Cooperative must be notified in writing no later than days before the date of the General Meeting of Members of the Cooperative and has the right to provide his explanations to the said meeting. The amount of the share contribution made by such a member is reimbursed by the Cooperative to the member within a period without interest or any penalties. The decision to exclude from the Cooperative may be appealed to the court. The presence of a debt by a member of the Cooperative cannot serve as a basis for refusing to exercise his right to leave the Cooperative. If a former member of the Cooperative refuses to pay the debt voluntarily, the Cooperative has the right to collect 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 completing 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 regulated by this Charter, federal laws, A employees – 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 regulations on remuneration developed by the General Meeting and (or) the Board of the Cooperative.

5.12. The General Meeting establishes types of disciplinary liability for members of the Cooperative. Disciplinary action, including dismissal from office, 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 who take personal labor participation in its activities are subject to social and compulsory health insurance and social security on an equal basis with the hired employees of the Cooperative. The time spent working in the Cooperative is included in the length of service. The main document on labor activity a member of the Cooperative is a work book.

5.14. Pregnant women, in accordance with a medical report, have production standards and service standards reduced, or they are transferred to another job, easier, eliminating the impact of adverse production factors, while maintaining the average earnings for their previous job. Pregnant women and citizens with children are provided with maternity leave and childcare 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 leave.

5.15. For members of the Cooperative under the age of eighteen who take personal labor participation in its work, a shortened working day and other benefits provided for by the Labor Code of the Russian Federation are established.

5.16. The Board of the Cooperative enters into a collective agreement with the hired 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 presents a conclusion to the General Meeting based on the results of the audit.

6.3. The Cooperative maintains records and storage of all documentation subject to storage in accordance with the legislation of the Russian Federation.

7. PROCEDURE FOR IMPLEMENTING A GUARANTEE AND ATTRACTING BORROWED FUNDS IN A COOPERATIVE

7.1. If a member of the Cooperative does not have sufficient funds to contribute a share, the Cooperative has the right, by decision of the Board of the Cooperative, to provide such member with a loan secured by real estate or in the presence of a guarantee from another member of the Cooperative. In this case, 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 regulated by the loan agreement, this Charter and the current legislation of the Russian Federation.

8. REORGANIZATION AND LIQUIDATION OF THE COOPERATIVE

8.1. 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 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 society.

8.3. Liquidation of the Cooperative is possible:

by decision of the General Meeting;
by court decision.

8.3.1. The general meeting of the Cooperative or the body that made the decision on its liquidation is appointed in agreement with the body implementing state registration legal entities, the liquidation commission and determines, in accordance with the legislation of the Russian Federation, the procedure and timing of its liquidation.

8.3.2. From the moment the liquidation commission is appointed, 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 about the liquidation of the Cooperative and determines the time frame during which creditors can present their claims to the liquidation commission.

8.3.4. The Liquidation Commission accepts and carefully checks all submitted claims of creditors, identifies receivables, and consolidates the property of the Cooperative.

8.3.5. After satisfying all recognized claims of creditors 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 the indivisible fund, is distributed among the members of the Cooperative, if it is possible to divide this property.

8.3.6. If property in common use 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 shares. If the members of the Cooperative refuse to sell, the remaining part of the common property 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 his share contribution.

8.3.7. The property of an indivisible fund is transferred to an organization with similar goals or a 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 making an entry about the liquidation in the Unified State Register of Legal Entities.

GARAGE CONSTRUCTION CO-OPERATIVE

"ORBITA-4"

1. GENERAL PROVISIONS

1.1. Garage construction cooperative "Orbita-4" is a non-profit organization of citizens and legal entities united on a voluntary basis to meet the needs of members of the Cooperative in the construction and operation of a garage complex.

1.2. Location of the Cooperative: 140153 Moscow region, Ramensky district, Bykovo village, Teatralnaya street, building 8.

1.3. A cooperative is a non-profit organization created in the form of a specialized consumer cooperative.

1.4. Full name of the Cooperative: Garage and construction cooperative "Orbita-4". Abbreviated name: GSK "Orbita-4".

1.5. A cooperative is created without a limitation on the period of activity.

1.6. The activities of the Cooperative are based on the principles of voluntariness, mutual property 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, currency 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 and bear responsibilities, and represent the general interests of the members of the Cooperative in state bodies and local governments.

1.10. The cooperative in its activities is guided by the Civil Code of the Russian Federation, other current legislation and this Charter.

2. GOALS OF THE COOPERATIVE

2.1. The cooperative was created to meet the needs of citizens and legal entities in the acquisition, construction and operation of a garage complex at the expense of its 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 for the purpose of construction, and upon completion of construction, accumulation of financial resources and material resources of members of the Cooperative for the purpose of operating the garage complex;

─ participation in shared investment in the construction of garages at the expense of share contributions of its members and at the expense of raised funds;

─ other types of activities that the Cooperative has the right to carry out in accordance with current legislation.

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 receiving the appropriate license.

2.3. To achieve the goals determined by the Charter, the Cooperative has the right:

─ conclude contracts 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 meeting of authorized representatives;

─ organize your own service for security, cleaning, improvement of the territory of the garage complex, its repair and maintenance;

─ conclude contracts for the provision of services;

─ carry out business activities in accordance with the goals of the Cooperative;

─ rent land plots and carry out, in accordance with the procedure established by law, the construction of garages and other modern social infrastructure facilities at the expense of own and borrowed funds;

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

─ attract legal entities and individuals as investors on mutually beneficial terms for the purposes of construction and investment in the construction of garages and other modern social infrastructure facilities;

─ purchase from the state, municipalities, individuals and legal entities 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 paid and free basis;

─ receive loans and credits from the state, municipalities, individuals and legal entities on a contractual basis;

─ sell and transfer to the state, municipalities, individuals and legal entities goods and other property on a compensated or free basis, provide services, perform work;

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

─ create (participate in already existing) business societies, production cooperatives, non-profit organizations;

─ carry out other activities consistent with the goals of the Cooperative.

2.4. The cooperative maintains accounting and statistical records in accordance with the procedure established by law and is responsible for its accuracy.

3. MEMBERS OF THE COOPERATIVE.

3.1. Members of the Cooperative can be citizens over 18 years of age and legal entities. Members of the Cooperative are persons admitted to the Cooperative in the prescribed manner, recognizing and complying with this Charter of the Cooperative.

3.2. Citizens or legal entities wishing to become members of the Cooperative submit a written application for admission to membership of the Cooperative addressed to the Chairman of the Board, in which they indicate their passport details, for legal entities - bank details and name.

3.3. Admission to membership of the Cooperative is carried out by the Board in the presence of the person who submitted the application, and for legal entities - in the presence of authorized representatives of this legal entity.

3.4. After the Board makes a decision on admission to membership of the Cooperative, a citizen or legal entity is obliged to pay the entrance fee established by this Charter within 20 days from the date of the decision.

A citizen or legal entity becomes a member of the Cooperative only after paying the entrance fee.

In case of delay in payment of these fees, a citizen or legal entity pays a penalty in the amount of 0.5% of the amount owed for each day of delay. If the delay exceeds 20 days, then the decision of the Board on admission to membership in the Cooperative becomes invalid, and the admission becomes invalid.

The funds received from the applicant as partial payment of the entry fee are returned to him.

4. PROPERTY OF THE COOPERATIVE

4.1. The cooperative acquires ownership of property transferred to it by its members, as well as property produced and acquired by the Cooperative in the course of its activities.

4.2. Members of the Cooperative can pay their share contributions not only in cash, but also in various property and services.

4.3. The property of the Cooperative is formed due to:

─ entrance, share, target, additional contributions and other contributions of members of the Cooperative;

─ voluntary property contributions and donations;

─ income from business activities;

─ income from the used property of the Cooperative (including rent, sale, etc.);

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

─ other income not prohibited by law.

4.4. Members of the Cooperative make introductory, mandatory share, targeted and additional contributions.

4.5. During construction:

─ entrance fee (share contribution) - cash, paid by an individual or legal entity upon admission to membership of the Cooperative;

─ share contribution - funds transferred by members of the Cooperative to the ownership of the Cooperative for the construction and commissioning of a garage complex.

After completion of construction:

─ entrance fee - funds paid by an individual or legal entity upon admission to membership of the Cooperative;

─ share contribution (operating contribution) - funds transferred by members of the Cooperative to the ownership of the Cooperative for the implementation of activities provided for by this charter, including to cover the costs of proper operation of the garage complex.

─ additional contribution - funds paid by members of the Cooperative if it is necessary to cover the losses of the Cooperative;

─ target contribution - funds paid by members of the Cooperative for purposes determined by the Meeting of Commissioners and intended to pay for work, services, purchase of equipment, etc., payment that was not included in the estimate for the current year.

4.6. The amount, composition, terms and procedure for making contributions not specified in this Charter are determined by the General Meeting of Members of the Cooperative.

4.7. Members of the Cooperative pay entrance fees in cash within 20 days from the date of the decision by the Board on admission to membership of the Cooperative.

Entry fees are spent for purposes determined by the decision of the Meeting of Commissioners.

4.8. Share contributions are subject to payment in the manner and within the time limits provided for in the decision of the Meeting of Commissioners. Late payment of the share contribution will result in the consequences provided for in clause 3.4 of this Charter.

4.9. The size of the share contribution is determined by the Meeting of Commissioners.

4.10. If, after the approval of the annual balance sheet, the Cooperative experiences losses, the members of the Cooperative are obliged to cover the resulting losses through additional contributions in the amount and within the period established by the Meeting of Commissioners. Liability for failure to fulfill the obligation to pay additional contributions on time is similar to the penalties provided for in clause 3.4 of this Charter.

4.11. The decision to make targeted contributions, if necessary, is made by the Meeting of Commissioners, which determines the amount and timing of their payment. If target contributions are not paid by a member of the Cooperative upon the expiration of the established period, the consequences provided for in clause 3.4 of this charter will occur.

4.12. A member of the Cooperative who owns a garage box and cellar has the right to dispose of them at his own discretion: sell, bequeath, lease, exchange, and perform other actions with them that do not contradict the law.

4.13. In the event of the death of a member of the Cooperative, his declaration as deceased, recognition as missing, the heirs, after drawing up all the relevant documents (court decision, certificate of inheritance) and transfer of ownership to the heirs, and they submit an application for admission to membership in the Cooperative, pay an entrance fee in the amount 0.5% of the inventory value of the garage box and (or) cellar.

4.14. When a member of the Cooperative alienates a garage box and (or) cellar into the ownership of other persons, including relatives, the Buyer, after accepting him as a member of the Cooperative, pays an entrance fee in the amount of 1% of the inventory value of the garage box and (or) cellar.

4.15. The amount of the entrance fee in other cases is established by the Meeting of Commissioners, but cannot exceed 10% of the inventory value of the premises.

4.16. In case of delay in payment of contributions, members of the Cooperative have the right, simultaneously with the amount of debt, to pay contributions for the coming months in the amount of the debt. In this case, no penalties are applied.

5. RIGHTS AND OBLIGATIONS OF MEMBERS OF THE COOPERATIVE.

5.1. A member of the Cooperative who has fully paid his share contribution for a garage box and (or) cellar acquires ownership of this garage box and (or) cellar.

5.2. A member of the Cooperative is obliged:

─ comply with the provisions of the Charter, decisions of the General Meeting, the Meeting of Commissioners, the Board of the Cooperative and the Audit Commission;

─ comply with state technical, fire, sanitary standards and rules for maintaining a garage box, cellar;

─ make timely and full contributions established by the Charter and the Meeting of Authorized Representatives;

─ bear the burden of expenses for maintenance and repair of the garage box and cellar;

─ timely pay all taxes and fees established by the state for real estate;

─ participate in the improvement of the territory of the garage complex in the manner prescribed in the decisions of the General Meeting, the Meeting of Commissioners, and the Board;

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

─ comply with the rules for using the garage box, cellar, approved by the Board of the Cooperative;

─ participate in general events held by the Cooperative;

─ treat the property of the Cooperative with care, do not harm it, use it for its intended purpose.

5.3. Members of the Cooperative are obliged to take measures to prevent damage to the health of other members of the Cooperative and their property located on the premises and territory of the Cooperative. Members of the Cooperative are obliged not to commit actions that infringe on the rights and legally protected interests of other persons.

5.4. Members of the Cooperative are obliged to fully compensate the Cooperative for damage caused to the property of the Cooperative.

5.5. A member of the Cooperative has the right:

─ participate in the management of the Cooperative;

─ provide loans to the Cooperative and its members to achieve the statutory goals;

─ receive information about the activities of the Cooperative;

─ gain access and get acquainted with the reports of the Management Board, the Audit Commission, and the conclusions of an independent auditor.

─ alienate your garage box;

─ use the equipment of the garage complex as a matter of priority;

─ take part in the activities of the General Meeting of the Cooperative with the right to vote;

─ receive part of the Cooperative’s property after its liquidation;

─ carry out other actions not prohibited by law.

5.6. During the construction period, a member of the Cooperative may be excluded from the Cooperative based on a decision of the Meeting of Commissioners, provided:

─ failure to pay the fees established by the Charter within 30 days from the date of payment.

5.7. In the event of the death of a member of the Cooperative, his heirs become members of the Cooperative in the manner prescribed by this Charter, after all relevant documents have been completed and ownership of the garage and (or) cellar has been transferred to the heirs.

6. MANAGEMENT BODIES OF THE COOPERATIVE.

6.1. The governing bodies of the Cooperative are:

─ General meeting of members of the Cooperative;

─ Meeting of authorized representatives of cooperative members (hereinafter referred to as the Meeting of Authorized Representatives);

─ Board of the Cooperative and Chairman of the Board of the Cooperative;

─ Audit Commission Cooperative.

6.2. Next General meeting of the Cooperative convened by the Board at least once every three years by notifying members of the Cooperative through local radio broadcasting and the press, as well as by posting an announcement at the entrance and exit of the Cooperative garage complex.

6.2.1. The General Meeting has the right to make decisions if more than 50% of the Cooperative members are present at the meeting. To make decisions on issues related to liquidation or reorganization, the presence of 3/4 of the members of the Cooperative is required.

6.2.2. Decisions on any issues are made by the General Meeting by a majority vote of the members of the Cooperative present, except for the issues specified in clause 6.2.4 of this Charter.

6.2.3. The General Meeting has the right to make decisions on any issues of the Cooperative’s activities, incl. falling within the competence of other bodies, and also has the right to cancel decisions of the Meeting of Commissioners, the Board, the Chairman of the Board and the Audit Commission.

The exclusive competence of the General Meeting includes:

─ approval of the Charter of the Cooperative;

─ introducing amendments and additions to the Charter of the Cooperative;

─ making decisions on opening representative offices, branches, participating in business companies, non-profit organizations, creating business companies, cooperatives, non-profit organizations;

─ election of the Audit Commission, members of the Board of the Cooperative;

─ resolving 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 areas of activity of the Cooperative;

6.2.4. Each member of the Cooperative has one vote.

Decisions on the issues listed in clause 6.2.3 (except for 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 by % of the votes of the members of the Cooperative.

6.2.5. Notification (announcement on the radio, posting notices in the garage complex) must be carried out 30 days before the expected date of the General Meeting. The notification must indicate the place, date, time of the meeting, and the agenda of the General Meeting.

6.2.6. During each meeting, the general meeting of members of the Cooperative elects a chairman and secretary from among its participants. The meeting is chaired by the chairman of the meeting. All decisions made and resolutions of the general meeting are recorded in the minutes of the meeting and signed by the chairman and secretary of the meeting.

6.2.7. In the absence of the required number of members of the cooperative, the general meeting is dissolved by the initiator of convening the meeting and convened again no later than 20 days later. If, even when a new meeting is convened, less than the required number of participants participate, then decisions and resolutions on issues within the competence of the general meeting of members of the cooperative are made by polling. The contents of the open voting ballot are approved by the Assembly of Commissioners. The ballot must be signed by a member of the cooperative.

6.2.8. Extraordinary General Meetings may be convened to discuss urgent issues. Extraordinary General Meetings may be convened at the request of at least 1/3 of the members of the Cooperative, the Audit Commission, by decision of the Meeting of Commissioners, the Board and the Chairman of the Board.

6.2.9. The decisions of the General Meeting are recorded in the minutes of the meeting, signed by the chairman and secretary of the meeting. When voting by poll, a protocol is drawn up and signed by a specially elected counting commission of three people. Each member of the Cooperative, both an individual and a legal entity, has one vote when deciding all issues of management of the Cooperative, including at the general meeting.

6.2.10. The decisions of the General Meeting are binding on all members of the Cooperative and its bodies.

6.3. Meeting of Commissioners carries out general management of the activities of the Cooperative, with the exception of resolving issues referred by this charter to the exclusive competence of the General Meeting of Members of the Cooperative. A meeting of authorized representatives is convened at least once a quarter. An extraordinary Meeting of Commissioners may be convened on the initiative of the Chairman of the Management Board, the Management Board, the Audit Commission and 1/3 of the members of the Meeting of Commissioners.

A meeting of authorized representatives is recognized as competent if at least 50% of the elected representatives participate in it. Decisions of the Meeting of Commissioners are made by a majority vote. The minutes are signed by the chairman and secretary of the meeting. Members of the Management Board may be present at the meeting of authorized persons. In the absence of the required quorum, the meeting of authorized representatives is dissolved and re-appointed, where the decision is made by a simple majority of votes. The meeting is recognized as valid if 25% of the list of authorized representatives attend.

6.3.1. Members of the Cooperative elect one representative from 50 boxes to the Assembly of Commissioners along floor lines. The document confirming the competence of the authorized representative is a protocol signed by members of the Cooperative who are the owners of garages on a specific floor line. Candidates for the Meeting of Commissioners may be proposed both by the Board of the Cooperative and by members of the cooperative. The protocol indicates from which specific members of the Cooperative the representative was elected.

An authorized representative is obliged to promptly notify members of his group about decisions made at a meeting of authorized representatives.

6.3.2. The competence of the Meeting of Commissioners includes:

─ approval of the Cooperative’s balance sheets;

─ approval of projects and estimates for major and current repairs;

─ consideration controversial issues, complaints, statements from members of the Cooperative;

─ approval of internal documents of the Cooperative;

─ approval of acts of the Audit Commission;

─ approval of cost estimates for the services of third-party organizations, the wage fund of the Cooperative’s employees;

─ determination of remuneration for members of the GSK who actively participated in the work of the Cooperative at the proposal of the Chairman of the Board of the Cooperative;

─ approval of internal regulations, fire safety rules and sanitary rules;

─ approval of the organizational structure of the Cooperative;

─ making a decision on the alienation of real estate of the Cooperative;

─ making a decision to enter into a transaction for an amount exceeding 200 times the minimum wage established by law;

─ making decisions on loans in excess of 100 times the minimum wage established by law;

─ making a decision on expulsion from members of the Cooperative;

─ approval of the amounts of share (operational), additional and other contributions of members of the Cooperative;

─ approves the procedure for covering losses of the Cooperative;

─ conclusion of an agreement with the Chairman of the Board of the Cooperative.

6.4. Board of the Cooperative is a collegial executive body and is elected by the general meeting for a period of three years. The Board consists of 5-7 members.

6.4.1. Board meetings are held at least 2 times a month. Meetings of the Board are valid if 2/3 of the elected members of the Board are present. Decisions are made by a simple majority of votes of 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. Meetings are chaired by the Chairman of the Board, and in his absence by the Deputy Chairman of the Board. In case of equality of votes, the Chairman of the Management Board has a casting vote.

6.4.2. The Board of the Cooperative exercises the following powers:

─ plans the economic and financial activities of the Cooperative;

─ approves the staffing schedule of the Cooperative’s apparatus and the Regulations on bonuses;

─ 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 expenditure of funds by the Cooperative;

─ convenes the General Meeting, prepares documents for the meeting;

─ approves and submits to the Assembly of Authorized Work Plans for the implementation of the statutory activities of the Cooperative, monitors the implementation of decisions made;

─ considers proposals and applications from members of the Cooperative;

─ approves the internal documents of the Cooperative, with the exception of documents whose approval is within the competence of the General Meeting, the Meeting of Commissioners;

─ organizes the implementation of decisions of the General Meeting, the Meeting of Commissioners;

─ prepares and submits a report on the work of the Management Board to the General Meeting, the Meeting of Commissioners;

─ determines the list of information constituting a trade secret of the Cooperative;

─ accepts individuals and legal entities as members of the Cooperative.

6.4.3. The Chairman of the Board is the head of the Board of the Cooperative and carries out the following actions:

─ acts on behalf of the Cooperative without a power of attorney, signs financial documents, accepts obligations, opens and closes bank accounts of the Cooperative, issues powers of attorney;

─ issues instructions, orders, mandatory for full-time employees of the Cooperative;

─ hires and fires full-time employees;

─ develops the staffing schedule of the Cooperative;

─ disposes of the property of the Cooperative in accordance with the general procedure and directions determined by the General Meeting, the Meeting of Commissioners and the Board;

─ concludes contracts on behalf of the Cooperative.

6.4.4. The Chairman of the Management Board is elected by the Management Board from among the members of the Management Board for a period of three years. The work of the Chairman of the Management Board is carried out on a contractual basis. The agreement with the Chairman of the Management Board is approved by the Meeting of Commissioners and signed by the Chairman of the Meeting of Commissioners.

6.5. To control the activities of the Cooperative, the General Meeting elects Audit Commission consisting of 3 people.

6.5.1. The audit of the financial and economic activities of the Cooperative is carried out based on the results of the Cooperative’s activities for the year, as well as on the initiative of the Audit Commission, the decision of the General Meeting of the Cooperative members, or at the request of at least 1/3 of the Cooperative members.

6.5.2. At the request of the Audit Commission, persons holding positions in the management bodies of the Cooperative are required to provide documents on the financial and economic activities of the Cooperative.

6.5.3. The Audit Commission has the right to demand the convening of an extraordinary general meeting of members of the Cooperative.

6.5.4. The Audit Commission cannot simultaneously hold positions in other management bodies of the Cooperative.

7. ACCOUNTING AND REPORTING OF THE COOPERATIVE

7.1. The cooperative maintains operational, statistical and accounting records in accordance with the legislation of the Russian Federation. The chief accountant exercises his powers in accordance with current legislation.

7.2. The Cooperative maintains records and storage of all documentation subject to storage in accordance with the law.

8. REORGANIZATION AND LIQUIDATION OF THE COOPERATIVE

8.1. Reorganization of the Cooperative (merger, accession, division, separation, transformation) is carried out by decision of the General Meeting adopted by 3/4 of the members of the Cooperative.

8.3. Liquidation of the Cooperative is possible:

─ by decision of the General Meeting;

─ by court decision;

─ due to the insolvency (bankruptcy) of the Cooperative.

8.3.1. The general meeting of the Cooperative or the body that made the decision on its liquidation appoints, in agreement with the body carrying out state registration of legal entities, a liquidation commission and determines, in accordance with the law, the procedure and timing of its liquidation.

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

8.3.4. The Liquidation Commission accepts and carefully checks all submitted claims of creditors, identifies receivables, and consolidates the property of the Cooperative.

8.3.5. After satisfying all recognized claims of creditors in the order established by law, the remaining part of the Cooperative’s property is distributed among the members of the Cooperative, if it is possible to divide this property.

8.3.6. If property in common use cannot be divided, then, with the consent of the General Meeting of 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 shares.

If the members of the Cooperative refuse to sell, the remaining part of the common property 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 his share contribution.

8.3.7. The liquidation of the Cooperative is considered completed, and the Cooperative is considered liquidated after making an entry about the liquidation in the unified state register of legal entities.

Download ready-made example garage regulations

The charter of a garage construction cooperative is the main document for opening and operating of this type organizations. Today we will look at a sample charter for a garage cooperative and determine what it includes and how it is drawn up.

You will be presented with videos and photos on this topic and you will be able to do all the work yourself. Then the price of documentation will be significantly lower.

Opening a cooperative and drawing up a charter

Creating a cooperative is a labor-intensive and lengthy process that requires certain knowledge, time and diligence. First of all, it is necessary to gather people who will be responsible for developing the charter and preparing financial statements - the so-called initiative group. We will consider the standard charter of a garage cooperative and the necessary points below.

Please note: This group may consist of close friends, acquaintances or neighbors who are interested in creating a garage cooperative for other citizens. It's your choice and there are no restrictions.

The organization of a garage cooperative can be divided into several stages:

The selection of partners in the construction community takes place in such a way that the competence of the participants in conducting business does not raise any doubts. Group members are responsible for making all official agreements and decisions, and also deal with finances and reporting. It is the members of the initiative group who create the charter of the cooperative, which indicates the governing bodies, the main goals of the work, the rights and obligations of the partners.
Before creating the charter, sources of profit that contribute to the flow of financial investments into the treasury are also determined. This process can be carried out through loans or voluntary contributions on behalf of all community members. It is equally important to outline the correct escape routes if the question of liquidating the cooperative ever arises.
it is necessary to collect a package of documents, which must subsequently be registered by the state registrar, tax service and utility companies.
The next stage of organizing a cooperative is opening a bank account. Community partners can perform financial work clearly and promptly, bringing their share to the treasury through official means.
One of important issues When creating a garage cooperative, it is necessary to select a site for development. The definition of territory depends on the city in which it is planned to conduct a business of this kind. To resolve all questions regarding rental, you must contact a representative government organization land use. The organization's decision is made within 30 days after submitting documents to the fund.
A lease agreement is concluded with the participants of the cooperative in case of a positive response from the land management organization. They also receive a cadastral passport of the planned construction. After this, you should register the rental agreement with the local registration office.
When all the formal documents have been collected, you can begin to select a construction company that will complete its task professionally and promptly. The most practical solution for community partners would be to enter into a contract for the construction of a cooperative with a selected company, which would create a number of garages with the parameters specified by the customer. In the future, all that remains is to buy these buildings and register them as property.
There are other ways to do this type of business. For example, the owner of cooperative land has the opportunity to rent out a plot of land for self-construction of a garage to any solvent person. However, these conditions must be specified in the charter of the garage cooperative. After completing all the formalities, a person can begin constructing a building on a plot of land leased from the cooperative.

Basic rules

The cooperative garage charter must also include rules that are mandatory when registering. It's not like that simple work. Here you need to think through everything carefully and make the right decision.

It will also be necessary to characterize individual species commercial activities. The model charter of a garage construction cooperative should have such a clause.

Attention: Registration of a garage cooperative requires a lot of time, so do not rush into purchasing building materials and the construction of garages without the official permission of the organization.

So:

As already mentioned, the main mechanism in the functioning of the construction community is the charter. This document reflects all the internal rules of the cooperative. To properly draft a charter, you need to have certain skills and awareness. Most often, drawing up a charter is the first step towards creating a cooperative. This process is carried out by all members of the initiative group.
The document is prepared using legislative framework RF, but the basic procedure for the activities of a garage cooperative directly depends on the charter. Community partners often draft a rough charter and then seek legal advice from a competent person.

The GSK Charter must reflect the main points that determine its activities. Mandatory item – “General provisions”.

It indicates the official name of the construction community, the composition of the garage owners and founders. The first paragraph includes the exact address of the cooperative. It is also necessary to indicate the approximate time frame for the community’s activities and its priority goals, which are determined by the 2nd paragraph.

Objectives of activity

The standard charter of a garage cooperative must necessarily contain the purpose of creation and the purpose of activity. After all, people unite precisely for this reason.

The goals of the construction community include:

Accurate financial reporting, meetings of community members, as well as the search for the future owner of the garage, who will cover all financial costs of construction;
Putting construction projects on the balance sheet of the community, implementation organizational issues on transfer of the building to the new owner;
Conclusion of an agreement between representatives of the garage cooperative and the client, consideration of additional guarantees for the purchase of a garage;
Agreement on types of activities of the building permitted by the legislation of the Russian Federation.

To improve operational efficiency, a cooperative can do the following:

Conclude agreements for the full or partial sale of garages (see), offer additional services;
Purchase equipment and construction materials, as well as rent equipment and technical devices;
Contact the bank to obtain credit funds;
Invite specialists in landscaping and cleaning of the nearby area, security service or repairmen to the staff;
Rent additional land plots;
Attract new partners.

Attention: the 3rd point is responsible for the property of the garage cooperative.

Such property includes funds that were collected by members of the initiative group for renting land, purchasing building materials and constructing garages. Property is formed through mandatory and voluntary contributions from partners, direct income of the cooperative, as well as possible dividends and additional interest when concluding transactions. All community members undertake to contribute a sum of money in the amount of at least 10% of the established fee to the treasury.
The next point in the GSK charter is the governing bodies of the garage cooperative. Leadership is carried out by community members, chairmen and an inspector. In the event of a planned meeting, each group member receives a written invitation, after which he undertakes to come at the appointed time. At the meetings, issues regarding payments, improvement of the garage cooperative or its reorganization are resolved.
The meeting of cooperative members is the main governing body. Such meetings allow one to reach unanimous conclusions or compromises. Each participant, regardless of the contribution amount provided to them, has the same powers. He is responsible only for his own decisions, so he can influence the situation with 1 vote when voting.
Meetings of partners are organized annually, however, extraordinary meetings to resolve urgent issues also take place. There are certain rules according to which it is customary to conduct a meeting.

The board of the cooperative has the opportunity

The sample charter of a garage cooperative must necessarily include the duties and rights of the organization’s board:

Accept new partners into the cooperative;
Determine the monetary amount of the contribution;
Plan the procedure for repaying debts;
News economic activity cooperative.

Attention: The chairman of the community has the right to sign documentation, issue orders, adjust work and vacation schedules, hire new employees, and also consider issues regarding their dismissal.

Rights and obligations of participants

The 5th paragraph is responsible for the rights and obligations of citizens who are members of a garage cooperative. Each interested person over 16 years of age has legal right apply for a partnership in a garage cooperative. Legal entities also have the opportunity to collaborate with the construction community.

How to join a garage cooperative

You should fill out an application about your desire to join the ranks of existing partners, indicating personal information and passport details. The issue of joining a public organization is considered at a meeting of participants or by the chairman of the cooperative. The dates and amounts of various contributions are also specified here. To become a full partner of the community, you must pay fees within the deadlines established by management.

How to cancel membership in the GSK

The charter of a garage cooperative must also include exit rules.

Terminating a partnership with a garage cooperative is quite simple:

To do this, you need to write an application for voluntary withdrawal from the community and submit it to the chairman of the GSK 14 days before the desired withdrawal. The amount of the entry fee will be transferred to its owner. However, the cancellation of a partnership in a cooperative can also be carried out on the initiative of the owners of the community. A participant can be expelled by vote if he has not fulfilled the agreed terms of the partnership.
Like any cooperative, the garage construction community has one of its priorities - compliance with all documentation standards. All reporting documentation is transferred to the necessary authorities within the specified time frame.

Attention: This item includes the correct execution of orders and payment of labor, entries in work books and control of the accounting activities of the cooperative, issuing certificates to group members.

The issue of liquidation of the community is considered at a meeting of members of the cooperative, and is decided by voting. In the same way, decisions are made on any changes in the activities of the garage cooperative. For example, group members plan to split the organization into several separate cooperatives. In some cases, a decision on reorganization is made by a state court.
To consider the liquidation issue, a commission is assembled, whose responsibilities include distributing notice of liquidation using funds mass media. The commission also provides all the necessary data about the duration of the community, credit history and various payments. The community can be considered completely liquidated after making an appropriate entry in the Unified Register of Legal Entities.

Attention: Liquidation of a garage cooperative is carried out judicially if this organization has a debt to the bank or is bankrupt.

You have a sample charter for a garage cooperative. Now we need to carefully weigh everything, because changes can then only be made at a meeting. The instructions will help you not to miss important points.