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33. Agreement on the establishment of a farm
Agreement on the establishment of a farm signed by all members of the farm and must contain information:
1) about members of the farm; in accordance with paragraph 2 of Art. 3 of the Federal Law "On the peasant (farm) economy" members of the farm can be:
a) spouses, their parents, children, brothers, sisters, grandchildren, as well as grandparents of each of the spouses, but not more than from three families. At the same time, it is indicated that only upon reaching the age of 16, children, grandchildren, brothers and sisters of members of the farm can be accepted as members of the farm;
b) citizens who are not related to the head of the farm. At the same time, a restriction was established: the maximum number of such citizens cannot exceed five people;
2) on the recognition of one of the members of this farm as the head of the farm, the powers of the head of the farm and the procedure for managing the farm; according to paragraph 1 of Art. 16 of the Federal Law "On the Peasant (Farmer's) Economy" one of the members of the farm is recognized as the head by mutual agreement of the members of the farm;
3) on the rights and obligations of members of the farm;
4) on the procedure for the formation of property of the farm, the procedure for possession, use, disposal of this property;
5) on the procedure for admission to the members of the farm and the procedure for withdrawing from the members of the farm;
6) on the procedure for distributing the fruits, products and incomes received from the activities of the farm (part 3 of article 4 of the Federal Law "On the peasant (farm) economy").
In addition, a farm can be created by one citizen (clause 2, article 1 of the Federal Law of the Russian Federation "On a peasant (farm) economy").
In this case, the conclusion of an agreement is not required (clause 1, article 4 of the Federal Law "On the peasant (farm) economy") and this citizen is the head of the farm (clause 1 of article 16 of the Federal Law "On the peasant (farm) economy").
By mutual agreement of the members of the farm, new members can be admitted to the farm on the basis of their application in writing (Article 14 of the Federal Law "On Peasant (Farm) Enterprise").
Paragraph 1 of Art. 3 of the Federal Law "On Peasant (Farm) Farming" establishes that both Russian citizens and foreign citizens and stateless persons have the right to establish a farm. At the same time, the key requirement is that a citizen applying for the creation of a farm should have legal capacity.
Author: Zavrazhnykh M.L.
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