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Agrarian law. Distribution of profits and losses of the cooperative (most important)

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22. Distribution of profits and losses of the cooperative

Profit is the final financial result revealed for the reporting period on the basis of the accounting of all business operations of the cooperative and the assessment of balance sheet items.

Profit of a production cooperative is distributed among its members in accordance with the labor participation of each of them, unless otherwise provided by law or the charter (clause 4, article 109 of the Civil Code of the Russian Federation). Income received from the entrepreneurial activities of consumer cooperatives is also distributed among its members (Article 116 of the Civil Code of the Russian Federation), in the manner determined by the cooperative itself.

Determining the procedure for distributing profits (income) of the cooperative belongs to the exclusive competence of the general meeting (clause 2, article 20 of the Federal Law "On Agricultural Cooperation"). The procedure for distributing the profits of the cooperative must be approved at the general meeting of the members of the cooperative within three months after the end of the financial year, the profit can be distributed only after the payment of taxes, fees and mandatory payments (clause 8, article 36 of the Federal Law "On Agricultural Cooperation").

Determination of the amount of cooperative payments as one of the actions for the distribution of profits, as well as the approval of the balance sheet, are within the exclusive competence of the general meeting of the cooperative (Article 20 of the Federal Law "On Agricultural Cooperation").

This provision significantly strengthens cooperative democracy. The losses and obligations of the cooperative are subject to distribution among the members of the cooperative, the amount of which is related to the size of the cooperative payments. The profit of the cooperative, determined by the balance sheet, is distributed as follows:

1) to the reserve fund and other indivisible funds provided for by the charter of the cooperative;

2) to make mandatory payments to the budget in accordance with the current legislation;

3) for the payment of dividends due on additional shares of associate members of the cooperative, the total amount of which should not exceed 30% of the profit of the cooperative to be distributed;

4) for cooperative payments.

When deciding on the amount of cooperative payments, the approved balance sheet is used for calculations.

Author: Zavrazhnykh M.L.

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