Agrarian law. Property liability of the cooperative (most important)

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Agrarian law. Property liability of the cooperative (most important)

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23. Property liability of the cooperative

Article 37 of the Federal Law "On Agricultural Cooperation" establishes property liability of the cooperative. A cooperative, as a legal entity, is liable for obligations with all its property (Article 56 of the Civil Code of the Russian Federation), unless otherwise provided by law.

For its obligations, the cooperative is responsible, first of all, with its own (not borrowed) funds. As a general rule, a cooperative is not liable for the obligations of its members, with the exception of cases specifically provided for by the Federal Law "On Agricultural Cooperation" and other legislation regulating the activities of agricultural cooperatives.

Members of the cooperative bear subsidiary liability for the obligations of the cooperative. Subsidiary liability of members of the cooperative is defined by Art. 1 of the Federal Law "On Agricultural Cooperation" as a liability additional to the liability of the cooperative for its obligations and arising in the event of the cooperative's inability to satisfy the claims of creditors presented to it within the established time limits.

Members of a production cooperative bear subsidiary liability for the obligations of the cooperative in the amount provided for by the charter of the cooperative, but not less than 0,5% of the mandatory share. The exact (but not less than the established) amount of responsibility for the members of each production cooperative is approved by the general meeting of members of this cooperative and is fixed in its charter.

The losses of the consumer cooperative are covered by:

1) at the expense of its reserve fund;

2) by making additional contributions by members of the cooperative.

The cooperative can provide for damages in these two ways at the same time. The decision on making an additional contribution for the fulfillment of obligations by the consumer cooperative and on the amount of this contribution is made by the general meeting.

If a person joins a cooperative, the management bodies of which have not notified him of the presence and amount of obligations of the cooperative, the court may invalidate the entry into the cooperative on the basis of Art. 179 of the Civil Code of the Russian Federation (i.e., to recognize the person who made the transaction under the influence of fraud).

Fraud can also consist in reporting false information, omission of facts that are important or may affect the transaction.

If the transaction is recognized as invalid, the person (as the victim) is returned everything received by the other party (cooperative) under the transaction; if it is impossible to return what has been received in kind, its value in money shall be reimbursed.

Property received by a person from a cooperative on the basis of joining, as well as due to him in compensation for that transferred to the cooperative, shall be transferred to the income of the Russian Federation.

Author: Zavrazhnykh M.L.

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