Agrarian law. Unions (associations) of cooperatives (most important)

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Agrarian law. Unions (associations) of cooperatives (most important)

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9. Unions (associations) of cooperatives

Cooperatives, independently or jointly with other legal entities - agricultural producers - in order to coordinate their activities, as well as to represent and protect common property interests, may, under an agreement between themselves, create associations in the form of unions (associations) of cooperatives that are non-profit organizations.

Union (association) is created without limiting the period of activity, unless otherwise established by its constituent documents.

The number of founders is not limited, but unions and associations cannot be founded by one person. A union (association) is considered to be established as a legal entity from the moment of its state registration in accordance with the procedure established by law, owns separate property, is liable for its obligations with this property, can acquire and exercise property and non-property rights on its own behalf, bear obligations, be a plaintiff and defendant in court. The union (association) must have an independent balance sheet.

He has the right, in accordance with the established procedure, to open bank accounts in the territory of the Russian Federation and abroad, as well as to create branches and open representative offices in the territory of the Russian Federation. According to Art. 52 of the Civil Code of the Russian Federation in the constituent documents of non-profit organizations, the subject and goals of the activity of a legal entity must be determined.

Constituent documents of the union (association) should contain conditions on the composition and competence of its governing bodies and the procedure for making decisions by them, including on issues on which decisions are taken unanimously or by a qualified majority of votes of the members of the union.

Constituent documents of unions (associations) are both the memorandum of association and the articles of association.

Withdrawal from the union is stipulated by the condition - the end of the financial year. The right of a participant to return to him the contribution made during the creation of the union is not provided for by law.

As for the entry into the union of new members, then paragraph 8 of Art. 5 of the Federal Law "On Agricultural Cooperation" speaks of the procedure provided for by the charter of the union, and paragraph 3 of Art. 123 of the Civil Code of the Russian Federation - that a new member can enter an association (union) only with the consent of its members.

An agricultural union (association) may be reorganized by merger, accession, division, separation or transformation (Article 57 of the Civil Code of the Russian Federation).

A feature of the liquidation procedure for an agricultural union (association) as a non-profit organization is that the property remaining after the satisfaction of creditors' claims is directed in accordance with the constituent documents of the union or association for the purposes for which it was created, and (or) for charitable purposes (Art. 20 of the Federal Law "On non-profit organizations").

Author: Zavrazhnykh M.L.

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