Agrarian law. The procedure for forming a cooperative (the most important)

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Agrarian law. The procedure for forming a cooperative (the most important)

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11. The procedure for the formation of a cooperative

The procedure for the formation of a cooperative regulated by Article 8 of the Federal Law "On Agricultural Cooperation". Basically, this article provides for the formation of cooperatives not in the place of another agricultural enterprise, but completely new ones.

In order to form a cooperative, citizens and legal entities that have expressed a desire to create a cooperative form an organizing committee, whose duties include:

1) preparation of a feasibility study for the project of production and economic activities of the cooperative, including the size of the share fund of the cooperative and the sources of its formation;

2) preparation of the draft charter of the cooperative; acceptance of applications for membership in the cooperative, which must reflect the consent to participate in the production or other economic activities of the cooperative and comply with the requirements of the charter of the cooperative;

3) preparation and holding of a general organizational meeting of members of the cooperative.

The norm of paragraph 1 of Art. 8 of the Federal Law "On Agricultural Cooperation" is advisory in nature. It focuses on how best to organize the work to create a new cooperative.

The feasibility study is an internal document of the cooperative and serves to clarify by its members themselves what will be the property basis of their further functioning.

It is not submitted to any state bodies.

The Organizing Committee has the right to establish the size of entrance membership fees in order to cover organizational expenses for the formation of the cooperative with a report on their use at the general meeting of members of the cooperative. If share contributions in any cooperative are obligatory, then entrance fees are introduced at the discretion of the cooperative, and the Federal Law "On Agricultural Cooperation" determines the only direction for their use - organizational costs for the formation of an agricultural cooperative.

General organizational meeting of members of the cooperative:

1) makes a decision on admission to the members of the cooperative;

2) approve the charter of the cooperative;

3) elects the governing bodies of the cooperative (the board of the cooperative and, in the cases established by the Federal Law "On Agricultural Cooperation", the supervisory board of the cooperative).

The main task of the organizational meeting, in addition to those listed in paragraph 3 of Art. 8 of the Federal Law "On Agricultural Cooperation" is the decision to create the cooperative itself. All the powers mentioned in the article belong to the exclusive competence of the general meeting, and decisions on them must be made by a qualified majority of votes (Article 20 of the Federal Law "On Agricultural Cooperation").

Author: Zavrazhnykh M.L.

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