Agrarian law. Meeting of Commissioners (most important)

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Agrarian law. Meeting of Commissioners (most important)

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26. Meeting of delegates

In a cooperative with more than 200 members, the total meeting of cooperative members in accordance with the charter of the cooperative, it may be held in the form of a meeting of authorized representatives.

The number of authorized persons is determined based on the number of members of the cooperative at the end of the financial year. The provisions on the general meeting established by the Federal Law "On Agricultural Cooperation" and the charter of the cooperative are also valid in relation to the meeting of authorized representatives.

Commissioners are elected by open or secret ballot in accordance with the charter of the cooperative, which establishes:

1) the number of members of the cooperative from which one representative is elected;

2) the term of office of the said persons;

3) the procedure for their election.

The holding by large cooperatives of a general meeting of members of a cooperative in the form of a meeting of authorized persons is admissible, but not obligatory.

The Federal Law "On Agricultural Cooperation" does not mention meetings of authorized representatives. Consequently, this form of holding a general meeting is specific to agriculture and is associated, in particular, with the territorial remoteness of production units and rural settlements from each other, difficulties with transport and communication.

The possibility of convening a meeting of delegates was previously provided for in the collective farms. If a meeting of delegates is established in a cooperative, this must be noted in the charter.

In addition to the information listed in paragraph 4 of Art. 23 of the Federal Law "On Agricultural Cooperation", the charter must contain answers to the following questions: is the meeting of authorized persons the supreme governing body of the cooperative instead of the general meeting or does it act along with the general meeting; whether the competence of the general meeting and the meeting of delegates completely coincides, and if not, then the solution of which issues is the exclusive prerogative of the general meeting.

The most consistent with the principles of cooperative democracy would be a procedure in which the commissioners are elected at each meeting, or at least for a period not exceeding 1 year. Authorized persons cannot transfer their powers to other members of the cooperative.

Author: Zavrazhnykh M.L.

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