Agrarian law. Responsibility of members of the board of the cooperative (most important)

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Agrarian law. Responsibility of members of the board of the cooperative (most important)

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28. Responsibility of members of the board of the cooperative

Losses caused to the cooperative as a result of unfair performance of their duties by the members of the board of the cooperative are subject to compensation by them to the cooperative on the basis of a court decision.

If as a result of unscrupulous activities of the board the cooperative has suffered losses, then the cooperative itself, by decision of the general meeting, cannot decide to recover from the members of the board the amount of material damage. To do this, you must apply to the court, which will establish the validity of the claims.

In this case, the perpetrators of the harm bear joint and several liability. Joint liability means in this case that the agricultural cooperative has the right to demand the recovery of damage both from all the perpetrators of the harm (debtors) jointly, and from any of them separately, both in full and in part of the amount to be recovered.

If the cooperative has not received the amount due from one of the joint and several debtors, then it has the right to demand what was not received from the rest.

Solidary debtors remain liable until the amount is paid in full.

A member of the board of a cooperative is obliged, in accordance with the procedure established by law, to compensate for the losses caused by him to the cooperative, in cases where, in violation of the Federal Law "On Agricultural Cooperation" or the charter of the cooperative:

1) share contributions are paid in full or in part, dividends or cooperative payments are paid;

2) the property of the cooperative is transferred or sold;

3) cooperative payments are made after the insolvency of the cooperative or after the announcement of its insolvency (bankruptcy);

4) a loan is provided.

The presence of guilt of the members of the board of the cooperative in the occurrence of damage to the cooperative is a necessary condition for their liability.

Members of the board of the cooperative do not compensate losses to the cooperative if their actions are based on the decision of the general meeting.

Members of the board of the cooperative are not released from the obligation to compensate the losses caused by them to the cooperative as a result of the actions provided for in paragraph 4 of Art. 28 of the Federal Law "On Agricultural Cooperation", if these actions were performed with the approval of the general meeting.

At the same time, members of the management board are not released from liability if their actions are committed with the approval of the supervisory board. But this does not mean that the members of the supervisory board who approved the illegal actions themselves do not bear any responsibility.

They can be involved in joint and several compensation for harm together with the members of the board.

Author: Zavrazhnykh M.L.

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