Agrarian law. Share contributions of cooperative members (the most important)

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Agrarian law. Share contributions of cooperative members (the most important)

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21. Share contributions of members of the cooperative

The size of the share fund of the cooperative and mandatory share are established at the organizational meeting of the members of the cooperative and are provided for by the charter of the cooperative. (Clause 2, Article 35 of the Federal Law "On Agricultural Cooperation").

Mutual fund size and sources its formation is determined by the organizing committee of the cooperative as part of the preparation of a feasibility study for the project of the production and economic activities of the cooperative (Article 8 of the Federal Law "On Agricultural Cooperation"). The size of the share fund and share contributions is approved by the general meeting of members of the cooperative.

Compulsory shares in a production cooperative are established in equal amounts, and in a consumer cooperative - in proportion to the expected volume of participation of a member of the cooperative in the economic activities of this cooperative.

Members of the cooperative may contribute additional shares, the amount and terms of which are established by the charter of the cooperative. Accounting for share contributions of the cooperative is carried out in value terms.

The results of this assessment are subject to approval by the supervisory board of the cooperative. In this case, only disputable issues on the evaluation of land plots, land property shares and other property are submitted to the general meeting of members of the cooperative.

By decision of the general meeting of members of the cooperative, the monetary value of share contributions may be subjected to an independent expert verification. The share contribution may include cash, land plots, land or property shares, other property, property rights.

The part of the estimated value of the share contribution, which exceeds the size of the mandatory share, is transferred with the consent of the member of the cooperative to its additional share (clause 6, article 35 of the Federal Law "On Agricultural Cooperation").

A member of a production cooperative must contribute at least 10% of the mandatory share by the time of state registration of the cooperative, the rest of the mandatory share - within a year from the date of state registration of the cooperative. A member of a consumer cooperative must contribute at least 25% of the mandatory share by the time of state registration of the cooperative, the rest of the mandatory share - within the time limits provided for by the charter of the consumer cooperative. By decision of the general meeting of members of the cooperative, the size of the share fund of the cooperative may be increased or reduced with the introduction of appropriate changes to the charter of the cooperative and state registration of these changes in the manner prescribed by law.

An increase in the size of the share fund is carried out either by making additional shares, or by increasing share contributions at the expense of cooperative payments (clause 10, article 35 of the Federal Law "On Agricultural Cooperation").

To increase the share fund through cooperative payments, a qualified majority of votes is required, since this decision is part of the exclusive competence of the general meeting to determine the procedure for distributing profits (clause 2, article 20 of the Federal Law "On Agricultural Cooperation").

Author: Zavrazhnykh M.L.

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