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Agrarian law. Powers of the cooperative (most important)

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10. Powers of the cooperative

cooperative, created in accordance with the Federal Law "On Agricultural Cooperation", is a legal entity and has the following powers:

1) create representative offices and branches, exercise their rights on the territory of the Russian Federation and abroad;

2) to carry out the activities provided for by Art. 3 and 4 of the Federal Law "On Agricultural Cooperation", and other types of activities not prohibited by law;

3) to own, buy or otherwise acquire, sell, pledge and exercise other real rights to property and land plots, including those transferred to him in the form of a share contribution to the share fund of the cooperative, in the manner and on the terms established by the legislation of the Russian Federation and legislation of the constituent entities of the Russian Federation;

4) create a reserve and other indivisible funds of the cooperative and invest the resources of the reserve fund in banks and other credit institutions, in securities and other property;

5) attract borrowed funds, as well as issue cash loans and advances to members of the cooperative;

6) conclude agreements, as well as exercise all the rights necessary to achieve the goals provided for by the charter of the cooperative;

7) carry out foreign economic activity in accordance with the procedure established by the legislation of the Russian Federation;

8) apply to a court or arbitration court with applications for invalidation (in whole or in part) of acts of state and other bodies, as well as with applications for the unlawfulness of actions of officials that violate the rights of the cooperative;

9) carry out reorganization or liquidation of the cooperative.

All of the listed powers of an agricultural cooperative as a legal entity arise from the unity of the economic space guaranteed by the Constitution of the Russian Federation (Article 8), free movement of goods, services and financial resources, support for competition and freedom of economic activity.

The legal capacity of a legal entity according to Art. 49 of the Civil Code of the Russian Federation arises from the moment of its state registration, and terminates from the moment of exclusion from the unified state register of legal entities.

At the same time, production cooperatives, as commercial organizations, have general legal capacity, i.e., they can engage in any activity and have any civil rights, and bear the obligations associated with it. Consumer cooperatives have special legal capacity - they have only those civil rights and bear only those obligations that are provided for in its constituent documents and correspond to the purpose of its creation. A transaction made by a legal entity without taking into account its special legal capacity (extra-statutory transaction) may be declared invalid by a court (Article 173 of the Civil Code of the Russian Federation).

Author: Zavrazhnykh M.L.

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