Civil law. A common part. Consumer cooperatives (most important)

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Civil law. A common part. Consumer cooperatives (most important)

Lecture notes, cheat sheets

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12. CONSUMER COOPERATIVES

Consumer cooperative - a non-commercial voluntary association of citizens and legal entities on the basis of membership in order to meet the material and other needs of the participants, carried out by pooling property shares by its members.

Citizens who have reached the age of 16 and legal entities can be founders. The number of founders should not be less than five citizens and three legal entities. The procedure for making decisions on the formation of a consumer cooperative and on joining the union is determined by the founders of the consumer cooperative. Members jointly and severally bear subsidiary liability for obligations within the limits of the paid part of the additional contribution each of the members.

constituent Assembly elects management and control bodies; council of a consumer cooperative, its chairman; the audit commission of the consumer cooperative; other management bodies provided for by the charter of the consumer cooperative.

A consumer cooperative may engage in activities to meet the requirements of shareholders of a consumer cooperative, create business companies, participate in business companies, cooperatives, engage in entrepreneurial activities, but only to achieve the goals for which it was created, be a contributor in a limited partnership, distribute income between shareholders cooperative, to attract borrowed funds from shareholders and other citizens, to carry out foreign economic activity, etc.

Shareholders have the right:

1) participate in the activities of the cooperative;

2) receive cooperative payments (a certain part of the cooperative's income);

3) purchase (receive) goods (services) preferentially before other citizens in trade and consumer service organizations of a consumer cooperative, etc.

Shareholders are required to:

1) comply with the charter of the consumer society;

2) to comply with the decisions of the general meeting of the consumer society, other management and control bodies of the consumer society;

3) fulfill their obligations to the consumer society to participate in its economic activities.

Membership is terminated in the following cases: voluntary withdrawal of a shareholder from the company, his exclusion from the company, liquidation of a legal entity that is a shareholder, death of a citizen who is a shareholder, as well as in case of liquidation of the company.

Liquidation is carried out by decision of the general meeting of its members or by a court decision.

Upon liquidation property related to an indivisible fund is not subject to division and is transferred to another company by decision of the general meeting of the liquidated consumer society.

The property of the company remaining after the satisfaction of creditors' claims, except for the property of an indivisible fund, is distributed among the shareholders (except for cases when the company's charter does not provide otherwise). For the protection of property and other rights, representation of interests in state bodies and local governments, coordination of activities and other purposes, consumer societies may unite in unions.

Union of Consumer Societies - a non-profit organization operating on the basis of the charter of the founding agreement.

Author: Stepanova O.N.

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