Agrarian law. Liquidation of the cooperative (most important)

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Agrarian law. Liquidation of the cooperative (most important)

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45. Liquidation of the cooperative

Liquidation of the cooperative - termination of the cooperative's activities without the transfer of the rights and obligations of the cooperative in the order of succession to other persons - is carried out in the same way as the liquidation of any legal entity provided for by civil law (Article 61 of the Civil Code of the Russian Federation). The same can be said about the grounds for the liquidation of the cooperative, listed in paragraph 2 of Art. 42 FZ "About agricultural cooperation".

An agricultural cooperative may be liquidated in certain cases:

1) by decision of the general meeting, including in connection with the expiration of the period for which the cooperative was created, with the achievement of the purpose for which it was created, or with the recognition by the court of invalid registration of the cooperative in connection with violations of the Federal Law of the Russian Federation "On Agricultural cooperation”, other laws or legal acts, if these violations are irreparable;

2) by a court decision in the event of carrying out activities without a proper permit (license), or activities prohibited by law, or activities with other repeated or gross violations of the Federal Law "On Agricultural Cooperation", other laws or legal acts;

3) in case of declaring the cooperative bankrupt by the court or in case of its declaration of bankruptcy in the manner prescribed by law;

4) in other cases stipulated by the legislation of the Russian Federation.

Violation of the legislation on the creation of a cooperative, which may entail its liquidation, is non-compliance with the requirements of Ch. 2 "Establishment of a cooperative" of the Federal Law "On agricultural cooperation" and other legislation regulating the creation of legal entities. In addition, the principles of the creation and functioning of a cooperative, set out in Art. 2 FZ "About agricultural cooperation".

In accordance with Art. 61 and 65 of the Civil Code of the Russian Federation, on the basis of declaring an organization bankrupt, not only a production cooperative as a commercial organization, but also a consumer cooperative can be liquidated.

The basic rules for declaring a legal entity bankrupt are provided for in Art. 65 of the Civil Code of the Russian Federation, and the Law "On Insolvency (Bankruptcy)" of enterprises regulated in detail the main issues of declaring an organization bankrupt.

Insolvency (bankruptcy) is understood as the inability of a legal entity to satisfy the claims of creditors for payment for goods (works, services), including the inability to ensure mandatory payments to the budget and extra-budgetary funds, due to the excess of the debtor's obligations over his property or due to the unsatisfactory structure of the debtor's balance sheet.

Author: Zavrazhnykh M.L.

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