Agrarian law. The first stage of liquidation of a cooperative (the most important)

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Agrarian law. The first stage of liquidation of a cooperative (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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47. The first stage of the liquidation of the cooperative

The first stage - this is the establishment of the terms during which claims can be brought against a legal entity.

The board of the cooperative, on behalf of the general meeting of members of the cooperative, or the body that made the decision to liquidate the cooperative, are obliged to immediately inform in writing the body that carries out state registration and which enters into the unified state register of legal entities information that this cooperative is in the process of liquidation (clause 1, article 43 of the Federal Law "On Agricultural Cooperation").

Further, the general meeting of members of the cooperative or the body that made the decision to liquidate the cooperative, appoint a liquidation commission (liquidator) and, in accordance with the law, establish the procedure and terms for the liquidation of this cooperative.

At the request of the general meeting of members of the cooperative, by a court decision on the liquidation of the cooperative, its board may be obligated to carry out the liquidation of this cooperative (clause 2, article 43 of the Federal Law "On Agricultural Cooperation").

From the moment of appointment of the liquidation commission (liquidator), the powers to manage the affairs of this cooperative are transferred to it. The liquidation commission (liquidator) acts in court on behalf of the liquidated cooperative (clause 3, article 43 of the Federal Law "On Agricultural Cooperation").

The liquidation commission (liquidator) places in the official printed organ, which publishes information on the state registration of the cooperative, a publication on its liquidation, the procedure and deadline for filing claims by creditors.

This period cannot be less than 2 months from the date of publication of information on the liquidation of the cooperative (clause 4, article 43 of the Federal Law "On Agricultural Cooperation").

The liquidation commission (liquidator) takes measures to identify creditors and receive receivables, and also notifies creditors in writing of the liquidation of the cooperative (clause 5, article 43 of the Federal Law "On Agricultural Cooperation").

At the end of the term for submitting claims by creditors, the liquidation commission (liquidator) draws up an interim liquidation balance sheet, which contains information on the composition of the property of the liquidated cooperative, a list of claims submitted by creditors, as well as information on the results of their consideration (clause 6, article 43 of the Federal Law "On Agricultural Cooperation" ).

The interim liquidation balance sheet is approved by the general meeting of members of the cooperative or by the body that made the decision to liquidate the cooperative, in agreement with the audit union (clause 7, article 43 of the Federal Law "On Agricultural Cooperation").

Author: Zavrazhnykh M.L.

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