Agrarian law. Formation of cooperatives during reorganization; agricultural organizations (most important)

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Agrarian law. Formation of cooperatives during reorganization; agricultural organizations (most important)

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14. Formation of cooperatives during reorganization; agricultural organizations

Reorganization of a legal entity in accordance with Art. 57 of the Civil Code of the Russian Federation means a merger, accession, division, separation or transformation. In Art. 10 of the Federal Law "On Agricultural Cooperation", reorganization is understood primarily as a change in the organizational and legal form of an agricultural organization (transformation) with a simultaneous division into several new organizations (or without such a division).

Registration is carried out no later than three days from the date of submission of the necessary documents or within 30 calendar days from the date of posting indicated in the receipt for sending constituent documents.

Registration is carried out by assigning to the cooperative the next number in the register of incoming documents and affixing a special inscription (stamp) with the name of the registering body, number and date on the 1st page (title page) of the charter of the cooperative, sealed with the signature of the official responsible for registration.

State registration data, including for commercial organizations - a company name, are included in the unified state register of legal entities, open to the public. Contained in Art. 1 of the Federal Law "On Agricultural Cooperation", the mention that the collective of an agricultural organization has the right to decide on the preservation of the existing form of management, at first glance, does not make sense, such a right goes without saying. In practice, there are a lot of questions related to the application of the said norm. Therefore, in this article of the Federal Law "On Agricultural Cooperation" it is specified.

1. It is stipulated here that while maintaining the existing form, it is necessary to bring it into line with the current legislation. In particular, many aspects of the legal status of collective farms have changed in connection with the adoption of the Law on Agricultural Cooperation. The question of changing the legal status arose before many agricultural organizations in connection with the adoption of the new Civil Code of the Russian Federation, which changed the list of possible forms of commercial organizations and some legal issues of their activities compared to those that existed before.

2. The article introduces a clarification regarding state farms: the decision to change or maintain the form of management is made by the collective of the state farm with the consent of the owner. State farms were state enterprises until 1991, when, in accordance with those introduced in Art. 12 of the Constitution of the RSFSR, by amendments, they were recognized as the owners of their property. Therefore, state farms were not subject to privatization, but were reorganized in the same way as collective farms, but some of them retained their organizational and legal form. However, since the Civil Code of the Russian Federation does not provide for such a variety of commercial organizations, the untransformed state farms become unitary enterprises, pass into state or municipal ownership.

Author: Zavrazhnykh M.L.

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