Agrarian law. Rights of participants in a reorganized agricultural organization (the most important)

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Agrarian law. Rights of participants in a reorganized agricultural organization (the most important)

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15. Rights of participants of the reorganized agricultural organization

In the case of reorganization of the agricultural organization its members (participants, employees) independently decide to join a cooperative or other agricultural organizations provided for by civil legislation or form peasant (farm) farms.

In paragraph 2 of Art. 10 of the Federal Law "On Agricultural Cooperation" we are talking about the fact that reorganization in agriculture is carried out not automatically and not on a massive scale, but exclusively individually, i.e. if a cooperative is formed on the basis of an agricultural organization, then each employee (participant) who wishes to join it, submits an application for admission.

If a decision is made to join a production cooperative created on the basis of an agricultural organization, a member (participant) of the agricultural organization makes a share contribution to the share fund of the production cooperative in the amount and within the time limits established by the Federal Law “On Agricultural Cooperation” and the charter of the cooperative.

When reorganizing an agricultural organization, its member (participant) has the right to transfer the land plot allocated to him or the land share due to him as a share contribution to the cooperative fund (with or without the condition of their return in kind in case of leaving the cooperative) or to transfer the land plot, located in its ownership, to the cooperative for rent on the terms established by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

Share contribution required when joining any type of cooperative. A citizen who received a property share and a land share upon leaving an agricultural organization can use them as such a contribution.

When reorganizing agricultural enterprises, each owner or group of owners of property shares has the right to receive property in kind in exchange for the share or, if this is not possible, to receive monetary compensation for the value of the property share. In the future, they can contribute this property or money to the mutual fund of an agricultural cooperative, which they will create or which they are going to join.

In cooperatives, the transfer of the right to use a land share, including to associated members, may also be used. In this case, the agreement of the members of the cooperative establishes the valuation of the right to use shares in rubles; it is taken into account when calculating the share contribution, and dividends are paid for each ruble of the valuation amount.

The right to use a land share is included in the authorized capital of the organization for a period of no more than three years, with the possibility of adding the right to use a land share in the future.

Author: Zavrazhnykh M.L.

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