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Agrarian law. State registration of a cooperative (the most important)

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12. State registration of a cooperative

State registration of a cooperative regulated by Art. 9 FZ "About agricultural cooperation". The cooperative is subject to state registration in the manner prescribed by the law on registration of legal entities.

The law applies to both production and consumer agricultural cooperatives. However, it should be borne in mind that it does not apply to the registration of legal entities created in the process of privatization.

The application for state registration shall be accompanied by:

1) minutes of the general organizational meeting of members on the establishment of a cooperative, on the approval of its charter and on the composition of the board of the cooperative, signed by the chairman and secretary of this meeting;

2) the charter of the cooperative, signed by the members participating in the general organizational meeting, indicating their last names, first names, patronymics, dates of birth, places of residence, series and numbers of passports or documents replacing them;

3) certificate of payment of the state fee; however, agricultural organizations and peasant (farmer) farms are exempted from paying the registration fee when their legal status is changed in connection with the reorganization and bringing it (status) in line with the requirements of the Federal Law "On Agricultural Cooperation".

In the event that the information contained in the submitted documents is found to be unreliable, the procedure for establishing a cooperative is violated, as well as the constituent documents do not comply with the legislation of the Russian Federation, the body that carried out the registration is obliged, within one calendar month from the date of registration, to notify the cooperative of the need to make appropriate changes or additions to the constituent documents.

Within 7 days after receiving the notification, the agricultural cooperative is obliged to make them and submit them to the body that carried out the registration.

In case of non-submission within this period, this body is obliged to apply to the arbitration court with a claim for the recognition of the constituent documents of the enterprise as invalid (in whole or in part).

Any interested person has the right, within 6 months from the date of registration, to apply to a court or arbitration court to invalidate the registration of an enterprise and (or) its constituent documents (in whole or in part). The decision of the court (arbitration court) is the basis for the annulment of state registration.

A reasoned decision to refuse state registration of a cooperative is issued in case of violation of the procedure established by law for the creation of a cooperative or inconsistency of its constituent documents with the requirements of the law. Denial of state registration, violation of the terms or procedure for state registration, as well as evasion of such registration may be appealed in court.

In cases of violation of the terms or procedure for state registration, the cooperative may appeal against the actions of the state body that carried out the state registration of the cooperative to the court in accordance with the procedure established by law.

Author: Zavrazhnykh M.L.

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