Sample. Approximate charter of a consumer cooperative

EXAMPLE CHARTER OF THE CONSUMER COOPERATIVE "_____________________________" (name) I. Purposes and object of activity of the cooperative "_____________________________" name , independence, self-government and self-financing, as well as the material interest of the members of the cooperative and persons working in it under an employment contract and the most complete combination of their interests with the interests of the cooperative and society. Name of the cooperative "__________________________________" Location of the cooperative:__________________________________ Members of the cooperative are: __________________________________ __________________________________ __________________________________ etc. The mentioned citizens are founding members of the cooperative. Other members may be admitted to the cooperative, in accordance with this charter. 2. The subject of the cooperative's activity is the implementation of activities aimed at: - meeting the needs of its members in _______________________ - developing cooperative democracy; - to promote and train and improve the skills of its members; - for legal services for members of the cooperative and protection of their rights and legitimate interests; II. Membership in a cooperative Rights and obligations of members of a cooperative 3. Members of a cooperative may be citizens who have reached the age of 16 and who are interested in satisfying their interests and participate in the performance of other tasks assigned to the cooperative by this Charter. There are no restrictions on joining a cooperative (except for those specifically stipulated in this Charter and legislation). The right of preferential accession to the members of the cooperative has persons who perform construction, installation, etc. work under an employment contract with it. Workers, scientific, engineering and technical workers and employees of other cooperatives, enterprises, organizations and institutions as members or under an employment contract may take part in the commercial activities of a cooperative in their free time from their main work. Work in a cooperative requiring special training or special education (in the cases provided for by this charter) can be performed only by persons who have presented documents confirming the necessary training and appropriate education. Admission to the membership of the cooperative is carried out by the general meeting of members of the cooperative in the presence of the citizen who submitted the application. The decision on admission is made by a simple majority of votes of the cooperative members present at the general meeting. A member of a cooperative may be expelled from the cooperative only in cases provided for by this Charter and the Rules of Operation __________________, while 2/3 of the members of the cooperative present at the general meeting must vote for the exclusion. The exception may be challenged in court. 4. A member of a cooperative is obliged: - to comply with this Charter and current legislation; - strictly observe the Rules for the operation of ______________, houses, garages, etc. decisions of the governing bodies of the cooperative; - timely make a share contribution, in accordance with clause 11 of the Charter; - ensure proper quality work results carried out in accordance with clause 10 of the Charter; - to make additional contributions by decision of the general meeting to cover the resulting losses of the cooperative; - actively participate in the management of the affairs of the cooperative; - protect and strengthen the property of the cooperative; - bear joint and several subsidiary liability for the obligations of the cooperative within the limits of additional contributions not made. 5. A member of the cooperative has the right: - to meet their needs in ____________________; - get a job in accordance with the profile of their specialty (other qualifications) and taking into account the needs of the cooperative; - elect and be elected to the governing bodies of the cooperative; - make proposals for improving the activities of the cooperative; - make proposals on improving the activities of the cooperative, on eliminating shortcomings in the work of its bodies and officials; - participate in the entrepreneurial activities of the cooperative, provided for in paragraph 10 of this Charter; - use the property of the cooperative, benefits and benefits provided for its members; - receive comprehensive information about the activities of the cooperative; - to the share of income to be distributed among the members of the cooperative in accordance with the size of the share contribution; - to meet other needs in the manner prescribed by the general meeting of the cooperative. 6. For persons working in a cooperative under an employment contract, work books are kept in accordance with the "Instructions on the procedure for maintaining work books at enterprises, institutions and organizations", except in cases where their main place of work is other enterprises, institutions, organizations and cooperatives. 7. The application of a member of the cooperative to withdraw from the cooperative must be considered within a month at the general meeting. A member of the cooperative is considered withdrawn from the moment the decision of the general meeting on this issue is made, amendments are made to this charter and registration of these changes is carried out in the prescribed manner. At the end of the financial year, but no later than one month after the approval of the annual balance sheet, the former member of the cooperative is allocated the share due to him from the income of the cooperative, formed as a result of the activities provided for in clause 10 of this Charter. Settlement with a former member of the cooperative who arbitrarily left him or was expelled from the cooperative for gross or systematic violations of the Rules of Operation _______________________, Rules internal regulations and this Charter, is made in the same manner, but without payment of the specified share of income. Persons working in a cooperative under an employment contract may terminate this contract on their own initiative in accordance with the current labor legislation. The cooperative, on its own initiative, may terminate the employment contract with them also in accordance with the norms of labor law, taking into account the specifics provided for in the legislation on consumer cooperation. 8. For damage caused to a cooperative, persons working in it under an employment contract shall bear material liability in the manner and in the amount provided for by law for workers and employees. If the damage is caused by a member of the cooperative or by a citizen who has concluded a work contract with the cooperative, then the losses incurred by the cooperative shall be compensated in accordance with the current civil legislation. III. Entrepreneurial activity of the cooperative 9. From the moment of state registration in accordance with the established procedure, the cooperative is legal entity and has an independent balance sheet, as well as a seal with its name, is liable for its obligations with its separate property, can acquire and exercise rights on its own behalf, bear obligations, be a plaintiff and defendant in court. The cooperative stores cash on bank accounts; performs all cash and settlement operations in accordance with established rules. The transfer or issuance of funds from the accounts of the cooperative is carried out by order of the chairman and accountant of the cooperative. 10. A cooperative, on the basis of agreements concluded with other enterprises, institutions, organizations, citizens, carries out, along with its main activity referred to in Section 1 of this Charter, also entrepreneurial activity by both its members and those employed under an employment contract (or on the basis of contracts) of citizens. This activity is additional to the main activity of the cooperative, is aimed at creating the most favorable conditions for achieving the goals of the cooperative defined by this Charter and is carried out in the following areas: __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ IV. Share contribution 11. Each member of the cooperative is obliged to pay at least __________% of his share contribution by the time of registration of the cooperative. Amount of share contribution of members of the cooperative: 1.______________________________________________________________ 2.____________________________________________________________ 3.____________________________________________________________ Composition of the share contribution of members of the cooperative: 1.____________________________________________________________ 2.____________________________________________________________ 3.____________________________________________________________ Clause 11 of this Charter, a member of the cooperative is obliged to pay 10% per annum of the unpaid part of the share contribution. 13. Share contributions go to the formation of the authorized (share) fund of the cooperative. V. Formation and use of the funds of the cooperative 14. The property of the cooperative is formed at the expense of: - shares of the members who joined it; - contributions of persons working in it under an employment contract (with their consent); - income from activities referred to in paragraph 10 of the Charter; - contributions from enterprises, institutions, organizations, citizens, made voluntarily in cash or in the form of transfer of equipment, raw materials, materials, etc. ; - bank loans; - other legal receipts. The property of the cooperative is the property of the structural subdivisions created by it. 15. The income of the cooperative, received from the entrepreneurial activity provided for in this Charter, is used to reimburse the costs associated with the implementation of this activity, other material costs, the implementation of mandatory payments and deductions, and the payment of taxes. From the remaining income, the cooperative forms: - cooperative development fund; - insurance fund; - wage fund for members of the cooperative and other persons working in it under an employment contract. 16. The insurance fund is intended to cover unforeseen expenses, losses associated with entrepreneurial activities referred to in clause 10 of this Charter, as well as to pay the cooperative's debts in the event of its liquidation. The cooperative reserves the right to insure its property and property interests. 17. The cooperative, by decision of the general meeting of its members, may allocate part of its income for the construction of housing and cultural facilities on a shared basis. 18. The cooperative has the right to: - sell and transfer to other cooperatives, organizations, enterprises, institutions, citizens, exchange, lease, lend and free temporary use of its funds, property, equipment, materials, vehicles, equipment and other material assets; - Write off fixed assets from the balance if they are worn out or obsolete; - in accordance with the procedure established by law, be a holder of securities; - on a contractual basis, use the property provided to it by other cooperatives, enterprises and organizations, rent, borrow and free temporary use of funds, equipment, inventory, vehicles, warehouses and facilities, raw materials and other material assets. The cooperative is responsible for its obligations with its own funds and property. The state is not responsible for the obligations of the cooperative. The cooperative is not responsible for the obligations of the state, as well as members of the cooperative. Members of the cooperative are obliged, within 3 months from the date of approval of the annual balance sheet, to cover the losses incurred by the cooperative by making additional contributions. VI. Labor: organization, payment, discipline 19. All work in a cooperative is carried out by its members, as well as by citizens who enter into an employment contract with the cooperative. Certain works can be performed by other persons under a work contract, Labor Relations members of a cooperative are regulated by this Charter and legislation on cooperation, and those working in a cooperative under an employment contract are regulated by labor legislation, taking into account the specifics established by legislative acts on consumer cooperation. 20. The duration and schedule of the working day in the cooperative, the procedure for granting days off, annual and additional holidays, benefits and benefits working at night and other issues labor activity members of the cooperative are governed by this Charter and the Internal Regulations of the cooperative. The remuneration of members of the cooperative and persons working in it under an employment contract is not limited to a maximum amount and is made at least once a month. 21. All construction, geodetic, excavation, installation and other works in the cooperative are carried out in compliance with the established rules and norms for safety and industrial sanitation requirements. 22. Remuneration for the labor of members of the cooperative, as well as persons working in it under an employment contract, or performing work under a work contract, is made at the expense of funds remaining for these purposes in the distribution of income received as a result of the activities referred to in paragraph 10 of this Charter. These funds are spent first on the remuneration of workers who are not members of the cooperative, and then on the remuneration of the members of the cooperative who took part in these works. The rest of the amount is distributed among all members of the cooperative in accordance with the size of the share contribution of each member of the cooperative. 23. For violation of this Charter, the Internal Regulations and labor discipline, penalties may be imposed on members of the cooperative. Their types and the order of imposition are established in the Internal Regulations. At the same time, the legislation on labor discipline of workers and employees of state, municipal organizations and enterprises applies to persons working in a cooperative under an employment contract. 24. Disputes between members of a cooperative regarding wages, compensation for harm caused by injury, other damage to health or death of the breadwinner, as well as compensation for damage caused to the cooperative through the fault of its member, are considered in court. Other disputes of members of the cooperative, related to their activities in the cooperative, are considered by the management bodies of the cooperative. Labor disputes involving persons working in a cooperative under an employment contract are considered in court. VII. Management of the cooperative 25. The management of the cooperative is carried out on the basis of self-government, broad democracy, openness, active participation of its members in resolving all issues of the cooperative's activities. The affairs of the cooperative are managed by the general meeting of its members, and in the period between meetings - by its board and chairman. The economic and financial activities of the cooperative are checked by its auditor (audit commission), elected for one year. 26. The supreme governing body is the general meeting of its members. The exclusive competence of the meeting is: - adoption of the Charter, making changes and additions to it; - election of the board, chairman, auditor, hearing reports on their activities; - resolving issues of admission to the cooperative and exclusion from the cooperative, exit from the cooperative; - adoption of the Internal Regulations, Regulations on liability for damage caused to the property of the cooperative, amendments to them, as well as the Rules for the operation of ______________________; - adoption of the Regulations on remuneration, on bonuses, other internal regulations, amendments and additions to them; - determination of the size of entrance and share contributions; - determination of the amount and procedure for making additional contributions in cases of need to cover the rejoiced losses of the cooperative; - establishing the procedure for the distribution of income and the direction of the use of the cooperative's funds; - approval of the annual financial report cooperative and balance sheet; - solution of questions on liquidation and reorganization of the cooperative. The general meeting of the cooperative may also resolve other issues referred by this Charter to the jurisdiction of the cooperative. All decisions are taken by the general meeting by open vote. 27. The general meeting of members of the cooperative is convened within the time limits established by the meeting itself, but at least ___________ once a year. For consideration and approval of the annual financial report and balance sheet, the general meeting is convened no later than one month after the end of the financial year. The general meeting is authorized to resolve issues if at least 2/3 of the members of the cooperative are present at the meeting. Decisions to amend the Charter of the cooperative, to terminate the activities of the cooperative are taken by 2/3 of the votes of the total number of members of the cooperative. The remaining decisions are made by a simple majority of votes, except for the cases mentioned in paragraph 28 of this Charter. 28. Elections of members of the board, chairman, auditor (audit commission) of the cooperative are carried out by open voting. The candidate who receives 2/3 of the votes of the present members of the cooperative is considered elected. 29. The chairman and board of the cooperative are elected by the general meeting for a period of ___________ years. The chairman of the cooperative is the chairman of the board. The board manages current affairs cooperative and makes decisions on issues that are not within the exclusive competence of the general meeting. The chairman of the cooperative ensures the implementation of decisions of the general meeting and the board, carries out day-to-day management of the cooperative, represents the cooperative in relations with state bodies and other institutions and organizations, cooperatives; concludes contracts, issues powers of attorney, performs other actions. 30. The auditor (audit commission) elected by the general meeting is guided by this Charter and the current legislation. He is accountable to the general assembly. The auditor (audit commission) annually conducts at least one audit of the economic and financial activities of the cooperative. He gives an opinion on the annual financial report and balance sheet of the cooperative. Audit reports are subject to approval by the general meeting of members of the cooperative. The procedure for conducting an audit and the issues to be verified are established in the current legislation. 31. The cooperative appoints from among its members or employs under an employment contract specialists with the necessary qualifications: an accountant, manager, lawyer, etc. These employees report directly to the chairman of the cooperative. 32. The chairman of the cooperative and the auditor, who have not justified the trust of the members of the cooperative, may be recalled ahead of schedule by decision of the general meeting. Persons with convictions for embezzlement, bribery and other acquisitive crimes cannot be elected as a chairman, a member of the board of a cooperative, auditors (or a member of the audit commission), as well as hold other management positions and positions related to liability. 33. Persons who are forbidden by a court sentence to engage in activities that coincide with the specifics of a cooperative, or to perform certain work, cannot be members of a cooperative or be involved in work in it under an employment contract. VIII. Termination of the activities of the cooperative 34. By decision of the general meeting, the cooperative may be reorganized in accordance with the current Civil Code Russian Federation and legislation on consumer cooperatives. 35. The liquidation of the cooperative is carried out by decision of the general meeting of the members of the cooperative, as well as on other grounds and in the manner established by the current legislation. 36. Upon liquidation of a cooperative, a liquidation commission is created, which, in accordance with the established procedure, places an announcement in the press about the liquidation of the cooperative, about the procedure and terms for filing creditors' claims, identifies the debtors of the cooperative, draws up interim and liquidation balance sheets, works to satisfy creditors' claims, and performs other functions assigned to it by law. 37. The property of the cooperative, remaining after the satisfaction of its creditors, is distributed among the members of the cooperative in proportion to the size of their share contributions. 38. A cooperative is considered liquidated from the moment an entry about it is made in the Unified State Register of Legal Entities. This Charter was approved at the general meeting of members of the cooperative "___________________" (minutes N_____ dated "__" _________ 20__). Members of the cooperative: ___________________ _____________________________ ________________ full name year of birth, signatures home address, passport details

It is far from the most common form of legal entities, and is an association of a group of individuals or enterprises that are ready to combine their contributions (shares) into a single entity in order to achieve certain tasks or goals. This characteristic determines the presence of specialized consumer cooperatives - agricultural, credit, etc.

Features and essence of the charter of a consumer cooperative

By the nature of its activities, a consumer cooperative (PC) is a non-profit organization, however, in order to achieve its main goals and activities, it has the right to engage in entrepreneurial activities. Like most other types of legal entities, the founding documents of a cooperative are its charter.

The Law of the Russian Federation of June 19, 1992 No. 3085-1 “On Consumer Cooperation” regulates in detail the procedure for creating a PC and approving its charter. The main task of the specified constituent document is to determine the general and particular issues of creating a cooperative:

  • determining the purpose of its activities;
  • the procedure for accepting new members of the cooperative;
  • the procedure for the formation of property;
  • format for the creation and functioning of the governing bodies of the cooperative.

For special forms of cooperatives with special goals and activities (for example, credit PCs), the legislation provides for private rules aimed at streamlining their activities.

Requirements

The model charter of a consumer cooperative is approved by its founders when creating a PC. The legislation establishes the minimum number of members of the cooperative:

  • individuals- at least five people;
  • legal entities- at least three companies.

A feature of the formation of a cooperative is the unification of citizens' contributions (shares), which will ensure the functioning of the PC in the framework of achieving the goal. Initially, the equality of shares (contributions, shares) of each participant is implied, however, when approving the charter, it is possible to deviate from this standard rule and provide for a reduced share for the categories of citizens specified in Part 2 of Art. 9 of Law No. 3085-1.

After the decision to create a cooperative and the approval of the final version of its charter, in tax authority documents are sent for registration actions.

Regulations

The list of mandatory requirements that must be contained in the text of the charter is defined in Part 1 of Art. 9 of Law No. 3085-1. Among the fundamental prerequisites are:

  • all possible variants of the name of the cooperative and its location;
  • goals and main activities of the newly created cooperative;
  • the procedure for the formation of the property of the PC, the amount and terms of payment of the entrance and share fee;
  • conditions for the entry of new members into the cooperative, withdrawal from the membership with the payment of a share share and established payments;
  • formation of cooperative management bodies, as well as control bodies;
  • order or its reorganization into others.

The remaining terms and conditions of the charter will be additional (optional), their content will be determined by the shareholders when preparing the draft document.

You can download a sample charter of a dacha consumer cooperative.

Charter of a horticultural (gardening, dacha) consumer cooperative

Charter of a horticultural consumer cooperative - 1

Charter of a horticultural consumer cooperative - 2

Charter of a horticultural consumer cooperative - 3

Charter of a horticultural consumer cooperative - 4

Charter of a horticultural consumer cooperative - 5

Charter of a horticultural consumer cooperative - 6

Charter of a horticultural consumer cooperative - 7

Charter of a horticultural consumer cooperative - 8

Charter of a horticultural consumer cooperative - 9

Charter of a horticultural consumer cooperative - 10

Charter of a horticultural consumer cooperative - 11

Charter of a horticultural consumer cooperative - 12

Charter of a horticultural consumer cooperative - 13

Charter of a horticultural consumer cooperative - 14

You can also download a sample from us, and.

Document registration

Registration of the charter occurs simultaneously with the registration of the cooperative as a legal entity. The registration authority is the inspection of the Federal Tax Service at the location of the PC, it is there that the application form is sent in the established form P11001.

  • For registration actions, it is necessary to submit three copies of the charter, and the term for the legal examination of the submitted ones cannot exceed 17 working days.
  • For the completion of registration procedures, the applicant pays a state duty, which, as of 2017, is 4,000 rubles. A payment order for the payment of this amount must be attached to the application to the tax authority.

Based on the results of registration, information about the newly created cooperative will be entered in, and the registered charter will be returned to the applicant with a corresponding note.

The procedure and features for amending the charter of a consumer cooperative are described below.

Alteration

To make changes and additions to the charter of the cooperative, the same procedure is carried out. As with its approval and registration. To approve the amendments, a general meeting of PC shareholders is held, which is authorized to make appropriate decisions.

Voting results are formed in and sent to the tax authority for registration. After completion of the registration procedures, the charter in a new edition (or the original charter with separately formed changes) is returned to the applicant. If the content of the charter has changed information about the cooperative to be reflected in the state register, the applicant will also be issued an extract from the Unified State Register of Legal Entities.

garage cooperative

1. GENERAL PROVISIONS

1.1.1. The founders of the Cooperative are: .

1.2. Location of the Cooperative: . At this address is the Chairman of the Cooperative.

1.3. The cooperative is a non-profit organization created as a voluntary association of citizens and legal entities on the basis of membership in the form of a specialized consumer cooperative - a garage cooperative - in order to meet the needs of garages.

1.4. Full name of the Cooperative in Russian: Garage cooperative "". Abbreviated name: GK "".

1.5. The cooperative is created without limiting the period of activity.

1.6. The activities of the Cooperative are not limited to the territory of the city. The activities of the Cooperative are based on the principles of voluntariness, property mutual assistance, self-sufficiency and self-government.

1.7. The cooperative is a legal entity from the moment of state registration, has an independent balance sheet, settlement and other bank accounts, a seal with its name in Russian, a corner stamp, forms and other details.

1.8. The Cooperative may, on its own behalf, make any transactions that do not contradict the law and this Charter, acquire property and non-property rights, bear obligations, represent the common interests of the members of the Cooperative in state bodies and local governments.

1.9. The cooperative is liable for its debts with all its property. The Cooperative is not liable for the obligations of its members, and the members of the Cooperative are jointly and severally liable for its obligations within the unpaid part of the additional contribution of each of the members of the Cooperative.

1.10. The cooperative in its activities is guided by the Civil Code of the Russian Federation, other applicable legislation and this Charter.

2. OBJECTIVES OF THE COOPERATIVE

2.1. The cooperative was created to meet the needs of citizens and legal entities in the acquisition and construction of garages at the expense of their own and borrowed funds.

2.2. The main activities of the Cooperative are:

  • accumulation of financial resources and material resources of members of the Cooperative;
  • payment at the expense of the members of the Cooperative for the cost of the garages declared by them for the construction or acquisition through the Cooperative within the terms and on the terms determined by the agreement between the Cooperative and each of its members;
  • putting real estate objects acquired for a member of the Cooperative on the balance sheet of the Cooperative and keeping them on the balance sheet until this member of the Cooperative pays the full cost of the indicated garages to the Cooperative;
  • transfer of a garage purchased for a member of the Cooperative and fully paid for by him into the ownership of a member of the Cooperative;
  • transfer of a garage purchased for a member of the Cooperative and not fully paid for by him into the ownership of a member of the Cooperative, subject to the provision of the necessary guarantees;
  • if necessary, execution between the Cooperative and its member of a pledge or guarantee agreement to provide a member of the Cooperative with a garage or funds for its acquisition;
  • provision by the Cooperative to its members of the necessary guarantees for them to obtain loans, purchase securities, and other property;
  • participation in equity investment in the construction of garages at the expense of share contributions of its members;
  • other types of activities that the Cooperative is entitled to carry out in accordance with the current legislation of the Russian Federation.
If certain types of activities are licensed in accordance with the current legislation of the Russian Federation, the Cooperative has the right to carry out this type of activity only after obtaining the appropriate license.

2.3. In order to achieve the goals defined by the Charter, the Cooperative has the right to:

  • conclude equity investment agreements for the construction of garages, as well as all other structures that make up the garage complex;
  • purchase the necessary equipment;
  • conclude contracts for the development of design and estimate documentation;
  • acquire ownership or rent the necessary equipment, units and technical means;
  • use bank loans with the consent of the General Meeting of members of the Cooperative;
  • organize their own service for the protection, cleaning, landscaping of the territory of the garage complex, its repair and maintenance;
  • conclude contracts for the provision of services;
  • carry out entrepreneurial activities in accordance with the objectives of the Cooperative;
  • lease land plots and carry out, in accordance with the procedure established by the legislation of the Russian Federation, the construction of garages, other objects of modern social infrastructure at the expense of own and borrowed funds;
  • to carry out, in accordance with the procedure established by law, investing in the construction of garages, other objects of modern social infrastructure at the expense of own and borrowed funds;
  • attract legal entities and individuals as investors on mutually beneficial terms for the purposes of construction and investment in the construction of garages, other objects of modern social infrastructure;
  • purchase from the state, municipalities, individuals and legal entities the goods necessary for their activities;
  • use in their activities the property of members of the Cooperative, the state, municipalities, individuals and legal entities on a reimbursable and non-reimbursable basis;
  • receive loans and credits on a contractual basis from the state, municipalities, individuals and legal entities;
  • implement and transfer to the state, municipalities, individuals and legal entities, goods and other property on a reimbursable and non-reimbursable basis, to provide services, perform work;
  • write off from the balance of fixed and circulating assets in case of their material or moral obsolescence;
  • create other non-profit organizations and join associations and unions;
  • carry out other activities consistent with the goals of the Cooperative.

3. PROPERTY OF THE COOPERATIVE

3.1. The cooperative acquires the right of ownership to the property transferred to it by its members as a share contribution.

3.2. Members of the Cooperative can pay their share contributions not only in cash, but also in various property.

3.3. The property of the Cooperative is formed by:

  • entrance and membership share fees, targeted, additional and other contributions of members of the Cooperative;
  • voluntary property contributions and donations;
  • business income;
  • income from the use of the property of the Cooperative;
  • dividends (income, interest) received on shares, bonds and other securities;
  • other receipts not prohibited by the legislation of the Russian Federation.

3.4. The General Meeting of Members forms the funds of the Cooperative on the basis of its property:

  • a mutual fund, which is formed at the expense of share contributions and share debt contributions of members of the Cooperative and is directed to the acquisition of real estate and other property for members of the Cooperative, the payment of dividends to members of the Cooperative and the provision of loans to them;
  • a reserve fund, which is formed by decision of the General Meeting at the expense of reserve contributions from members of the Cooperative; the intended purpose of the fund is to cover the losses of the Cooperative in the event that the members of the Cooperative do not contribute their shares;
  • an indivisible fund, which is formed from the entrance and membership fees of all members of the Cooperative, is used to maintain the apparatus of the Cooperative and is not subject to distribution among the members of the Cooperative under any circumstances;
  • the guarantee fund, which is formed from share guarantee contributions, is intended to cover the expenses of the Cooperative on the guarantee.

3.5. A member of the Cooperative is obliged to pay at least ten percent of the share contribution by the time of state registration of the Cooperative. The rest of the share contribution is paid within a year after the state registration of the Cooperative. The share contribution of a member of the Cooperative may be money, securities, other property, including property rights, as well as other objects of civil rights. Land plots and other natural resources may be a share contribution to the extent that their circulation is allowed by the laws on land and natural resources. The share contribution is assessed:

  • upon formation of the Cooperative by mutual agreement of the members of the Cooperative on the basis of prevailing market prices;
  • when new members join the Cooperative by the Audit Commission of the Cooperative. New members of the Cooperative pay a share fee within days from the date of the decision of the General Meeting of Members on admission to membership in the Cooperative.
Assessment of a share contribution exceeding two hundred and fifty established by federal law minimum dimensions wages, must be made by an independent appraiser.

3.6. Membership dues are paid monthly and are used for expenses on current activities. Membership dues can be paid throughout the quarter up to the day of the month following the quarter for which dues are due.

3.7. If a member of the Cooperative has not paid a share or membership fee within the prescribed period, then for each day of delay in payment he must pay penalties in the amount of% of the amount of the debt, but not more than the size of the share or membership fee. Penalties are used for the same purposes as the respective contributions.

3.8. The size of the share and membership fees are determined by the General Meeting of the members of the Cooperative.

3.9. If, after the approval of the annual balance sheet, the Cooperative has losses, the members of the Cooperative are obliged to cover the resulting losses by additional contributions in the amount and within the time limits established by the General Meeting. Responsibility for failure to fulfill the obligation to pay additional contributions on time is similar to the liability measures provided for in clause 3.6 of this Charter. In case of failure to fulfill this obligation, the Cooperative may be liquidated in court at the request of creditors.

3.10. Membership fees are paid and used for expenses on current activities. Membership dues can be paid throughout the quarter up to the day of the month following the quarter for which dues are due. If membership fees are not paid by a member of the Cooperative after this period, the consequences specified in clause 3.6 of this Charter occur.

3.11. The decision to make earmarked contributions, if necessary, is made by the General Meeting of Members and determines the amount and terms of their payment.

3.11. Income received by the consumer Cooperative from entrepreneurial activities carried out by the Cooperative in accordance with the law and the charter is distributed among its members.

3.12. The profit received by the Cooperative is distributed among its members in accordance with their personal labor and (or) other participation, the size of the share contribution, and among the members of the Cooperative who do not take personal labor participation in the activities of the Cooperative, in accordance with the size of their share contribution. Part of the profit of the Cooperative is distributed among its employees by decision of the General Meeting of the members of the Cooperative. The procedure for distributing profits is provided for by the General Meeting.

3.13. The part of the profit of the Cooperative remaining after the payment of taxes and other obligatory payments, as well as after the direction of profit for other purposes determined by the General Meeting of the members of the Cooperative, is subject to distribution among the members of the Cooperative. The part of the profit of the Cooperative, distributed among the members of the Cooperative in proportion to the size of their share contributions, should not exceed fifty percent of the profit of the Cooperative to be distributed among the members of the Cooperative.

4. MANAGEMENT BODIES OF THE COOPERATIVE. AUDITOR

4.1. The governing bodies of the Cooperative are:

  • General meeting of members of the Cooperative;
  • Board of the Cooperative;
  • Chairman of the Cooperative;
  • Auditor.

4.2. The next General Meeting of the Cooperative is convened by the Board at least once a year by notifying all members of the Cooperative in writing.

4.2.1. The General Meeting has the right to make decisions if more than % of the members of the Cooperative are present at the meeting. To make decisions on issues related to liquidation or reorganization, the presence of all members of the Cooperative is required.

4.2.2. The General Meeting is the supreme governing body of the Cooperative and has the right to make decisions on any issues related to the activities of the Cooperative, incl. within the competence of other bodies, and also has the right to cancel the decisions of the Board. The exclusive competence of the General Meeting includes:

  • approval of the Charter of the Cooperative;
  • introduction of amendments and additions to the Charter of the Cooperative;
  • decision-making on the opening of representative offices, branches, participation in business companies, non-profit organizations, the creation of business companies, cooperatives, non-profit organizations;
  • election of the Auditor, members of the Board of the Cooperative and the Chairman of the Cooperative;
  • approval of the reports of the Board and the Auditor;
  • resolution of the issue of liquidation of the Cooperative, approval of its liquidation balance sheet, decision on the reorganization of the Cooperative, approval of the reorganization plan;
  • determination of the main activities of the Cooperative;
  • making a decision on the alienation of the real estate of the Cooperative;
  • making a decision to conclude a transaction for an amount exceeding the minimum wage established by law;
  • making decisions on a loan in excess of the minimum wage established by law;
  • determination of the maximum loan amount provided by the Cooperative to its member, and the conditions for such lending.

4.2.3. Each member of the Cooperative has one vote, regardless of the size of the share contribution. Decisions on the issues listed in clause 4.2.2 (with the exception of the issue of liquidation or reorganization) are made by a majority vote of all members of the Cooperative present at the General Meeting of the Cooperative. Decisions on reorganization and liquidation are made unanimously by all members of the Cooperative.

4.2.4. A written notice of the General Meeting is handed over to the members of the Cooperative against receipt or sent by registered mail days before the expected date of the General Meeting, indicating the place, date, time of the meeting and attaching the agenda of the General Meeting.

4.2.5. The procedure for conducting and adopting a decision by the General Meeting is established by the regulations of the General Meeting (or the Regulations on the General Meeting), developed and approved at the first General Meeting.

4.2.6. Extraordinary General Meetings may be convened to discuss urgent matters. Extraordinary General Meetings may be convened at the request of at least the members of the Cooperative, the Auditor, by decision of the Board and the Chairman of the Cooperative.

4.2.7. Decisions of the General Meeting are recorded in the minutes of the meeting, signed by the chairman and secretary of the meeting.

4.2.8. Decisions of the General Meeting are binding on all members of the Cooperative and its bodies.

4.3. The Board of the Cooperative is a collegial executive body elected from the members of the Cooperative for a period of , which manages the Cooperative in the period between General Meetings. Board meetings are held at least . The work of the Board is managed by the Chairman of the Board. The Board in its activities is guided by the Regulations on the Board, approved by the General Meeting.

4.3.1. The meeting of the Management Board is competent if it is attended by members of the Management Board. Decisions are made by the votes of the members of the Management Board. Decisions of the Board are documented in minutes, which are signed by the Chairman of the Board and the Secretary.

4.3.2. The Board of the Cooperative exercises the following powers:

  • resolves issues of admission to the membership of the Cooperative and exclusion from it;
  • determines the amount of entrance, share, additional, membership and other fees and sets the deadlines for their payment;
  • makes decisions on making a target contribution, approves the amount and terms of making and directions for their use;
  • approves the procedure for covering the losses of the Cooperative;
  • plans the economic and financial activities of the Cooperative;
  • resolves the issue of establishing branches of the Cooperative;
  • resolves the issue of granting a loan to a member of the Cooperative;
  • approves the cost estimate and staffing of the Cooperative's apparatus;
  • manages the current activities of the Cooperative, with the exception of issues referred by the Charter to the competence of other bodies of the Cooperative;
  • is the main manager of loans and controls the correct spending of funds by the Cooperative;
  • convenes the General Meeting, prepares documents for the meeting;
  • approves and submits to the General Meeting work plans for the implementation of the statutory activities of the Cooperative, controls the implementation of the decisions made;
  • considers proposals and applications of members of the Cooperative;
  • approves the internal documents of the Cooperative, with the exception of documents, the approval of which is within the competence of the General Meeting;
  • approves and amends the Regulations on the procedure for paying by members of the Cooperative of share and other payments and providing them with residential premises and other objects of modern social infrastructure, the Regulations on the Auditor of the Cooperative, the Regulations on mutual lending, the Regulations on mutual insurance, as well as other Regulations, the need for approval of which follows from the Charter of the Cooperative;
  • represents the Cooperative in government and administration, as well as in relations with legal entities and individuals;
  • organizes the implementation of decisions of the General Meeting;
  • prepares and submits a report on the work of the Board to the General Meeting;
  • determines the list of information constituting the commercial secret of the Cooperative;
  • concludes contracts for the implementation of entrepreneurial activities by the Cooperative.

4.3.3. The Chairman of the Cooperative is the head of the Board of the Cooperative and performs the following actions:

  • acts on behalf of the Cooperative without a power of attorney, signs financial documents, assumes obligations, opens and closes bank accounts of the Cooperative, issues powers of attorney;
  • issues orders, orders binding on staff members of the Cooperative;
  • hiring and firing staff members;
  • approves staffing, fund wages, reserve and other funds, as well as the size official salaries full-time employees of the Cooperative;
  • manages the property of the Cooperative in accordance with the general procedure and directions determined by the General Meeting and the Board;
  • concludes contracts on behalf of the Cooperative.

4.4. To control the activities of the Cooperative, the General Meeting elects the Auditor for a period of .

4.4.1. The audit of the financial and economic activities of the Cooperative is carried out based on the results of the activities of the Cooperative for the year, as well as on the initiative of the Auditor, the decision of the General Meeting of the members of the Cooperative or at the request of at least members of the Cooperative.

4.4.2. At the request of the Auditor, persons holding positions in the management bodies of the Cooperative are required to submit documents on the financial and economic activities of the Cooperative.

4.4.3. The Auditor has the right to demand the convening of an extraordinary General Meeting of members of the Cooperative.

4.4.4. The auditor cannot simultaneously hold positions in other management bodies of the Cooperative.

5. MEMBERSHIP. RIGHTS AND OBLIGATIONS OF COOPERATIVE MEMBERS

5.1. Members of the Cooperative can be citizens who have reached the age of 16, and legal entities. Members of the Cooperative may be its founders and persons subsequently admitted to the Cooperative in accordance with the procedure provided for by this Charter.

5.2. Citizens or legal entities wishing to become members of the Cooperative submit an application in writing for admission to membership of the Cooperative addressed to the Chairman of the Cooperative, in which they indicate their passport data, for legal entities - bank details and name.

5.3. Admission to the membership of the Cooperative is possible by decision of the Chairman of the Cooperative, or by the decision of the Board of the Cooperative, or by the decision of the General Meeting of the members of the Cooperative.

5.4. After the Board of the Cooperative makes a decision on admission to the membership of the Cooperative and establishes a deadline for paying the share contributions of the applicant, he must, within days from the date of the decision, pay the entrance fee and part of the share fee established by the Board of the Cooperative. The applicant becomes a member of the Cooperative only after paying the entrance fee and part of the share fee. In case of delay in payment of the said contributions, the applicant pays penalties in the amount of % of the amount owed for each day of delay. If the delay exceeds days, then the decision of the Board of the Cooperative on admission to membership in the Cooperative becomes invalid, and the admission becomes invalid. The funds received from the applicant as an introductory and partial payment of the share fee are returned to him.

5.5. A member of the Cooperative is obliged:

  • comply with the provisions of the Charter, decisions of the General Meeting, the Board of the Cooperative and the Auditor;
  • comply with state technical, fire-prevention, sanitary standards and rules for maintaining a garage;
  • timely and in full to pay the contributions established by the Charter and the General Meeting;
  • bear the burden of expenses for the maintenance, repair of a garage owned by a member of the Cooperative;
  • timely pay all taxes and fees established by the state on real estate;
  • participate in the improvement of the territory of the garage complex;
  • participate in the costs of maintenance, repair and operation of common property;
  • inform the Board of the Cooperative about the proposed alienation of their garage;
  • comply with the rules for using the garage, approved by the General Assembly;
  • participate in general events held by the Cooperative;
  • take care of the property of the Cooperative, do not harm it, use it for its intended purpose.

5.6. A member of the Cooperative has the right:

  • participate in the management of the Cooperative;
  • receive loans from the Cooperative and its members to pay their share contributions;
  • provide loans to the Cooperative and its members to achieve the statutory goals;
  • conclude an agreement with the Board of the Cooperative on the use of engineering networks and common property of the Cooperative for a reasonable fee upon withdrawal from the members of the Cooperative;
  • receive any information about the activities of the Cooperative;
  • get access to and get acquainted with the reports of the Board, the Auditor, the conclusions of the independent auditor and other financial documentation;
  • alienate your garage and share in common property;
  • to use as a matter of priority the equipment and equipment of the garage complex;
  • use the funds of other members of the Cooperative and the funds of the Cooperative on the terms and in the manner determined by the Regulations on Mutual Lending in the Cooperative to meet material needs, including for the acquisition, construction and repair of a garage;
  • use the services of the mutual insurance system on the terms and in the manner determined by the Regulations on Mutual Insurance in the Cooperative;
  • take part in the activities of the General Meeting of the Cooperative with the right of one decisive vote;
  • receive part of the property of the Cooperative, except for its indivisible fund, after its liquidation;
  • carry out other actions not prohibited by the legislation of the Russian Federation.

5.7. A member of the Cooperative has the right to withdraw from the Cooperative at any time. An application for withdrawal from the Cooperative is submitted by its member to the Chairman of the Cooperative no later than two weeks before the withdrawal. Each member of the Cooperative is entitled to receive the value of the share upon leaving the Cooperative. In this case, the value of the share can be paid to a member of the Cooperative in cash or property, including immovable. A person who has withdrawn from the members of the Cooperative may receive the value of the share within a period after the end of the financial year. A member of the Cooperative who has fully paid a share contribution may, at his own request, remain in the Cooperative or withdraw from it at any time.

5.8. A member of the Cooperative may be expelled from the Cooperative based on the decision of the General Meeting, provided:

  • failure to fulfill the obligations established by the Charter or the General Meeting of the Cooperative;
  • violations of the Charter, the rules for maintaining a garage provided to him for use;
  • causing damage to the property of the Cooperative, its activities and reputation by its actions.
A member of the Cooperative who is expelled from the Cooperative is deprived of the right to use the garage. A member of the Cooperative who withdraws or is expelled from the Cooperative is paid the cost of his share contribution and Cooperative payments in the amount, on time and on the terms that are provided for by the Charter of the Cooperative at the time the member of the Cooperative joins it.

5.9. The excluded member of the Cooperative must be notified in writing no later than days before the date of the General Meeting of the members of the Cooperative and has the right to provide his explanations to the specified meeting. The amount of the share contribution made by such a member is reimbursed by the Cooperative to the member within a period without accruing interest or any penalties. The decision to expel from the Cooperative may be appealed to the court. The fact that a member of the Cooperative has a debt cannot serve as a basis for refusing to exercise his right to withdraw from the Cooperative. If the former member of the Cooperative refuses to pay the debt voluntarily, the Cooperative has the right to recover it in the manner prescribed by law.

5.10. In the event of the death of a member of the Cooperative, his share passes to his heirs, and they become members of the Cooperative after the execution of the relevant documents. Heirs who refuse to participate in the Cooperative are paid the value of the share.

5.11. Labor relations of members of the Cooperative are governed by this Charter, federal laws, and employees - by the Labor Code of the Russian Federation. The general meeting of members of the Cooperative determines the forms and systems of remuneration for members of the Cooperative and its employees. Remuneration for labor can be made in cash and (or) in kind on the basis of the regulation on remuneration developed by the General Meeting and (or) the Board of the Cooperative.

5.12. The General Meeting establishes the types of disciplinary liability for members of the Cooperative. Disciplinary sanctions, including dismissal from office, may be imposed on the Chairman of the Cooperative, members of the Board of the Cooperative and members of the Audit Commission (Auditor) of the Cooperative only by decision of the General Meeting of the members of the Cooperative, and on its other officials - by the Board of the Cooperative.

5.13. Members of the Cooperative who take personal labor participation in its activities are subject to social and compulsory medical insurance and social security on an equal basis with employees of the Cooperative. The time of work in the Cooperative is included in the length of service. The main document on the labor activity of a member of the Cooperative is a work book.

5.14. Pregnant women, in accordance with a medical report, are reduced production rates, service rates, or they are transferred to another job, easier, excluding the impact of adverse production factors, while maintaining the average earnings from their previous job. Pregnant women and citizens with children are provided with maternity leave and parental leave, as well as benefits provided for by the Labor Code of the Russian Federation and other legislation. By decision of the General Meeting, additional paid holidays may be established for such citizens.

5.15. For members of the Cooperative under the age of eighteen, taking personal labor participation in its work, a reduced working day and other benefits provided for by the Labor Code of the Russian Federation are established.

5.16. The Board of the Cooperative concludes a collective agreement with employees of the Cooperative.

6. ACCOUNTING AND REPORTING OF THE COOPERATIVE

6.1. The cooperative maintains operational, statistical and accounting records in accordance with the legislation of the Russian Federation.

6.2. An independent audit organization audits the financial activities of the Cooperative and submits to the General Meeting an opinion on the results of the audit.

6.3. The Cooperative keeps records and stores all documentation to be stored in accordance with the legislation of the Russian Federation.

7. PROCEDURE FOR THE IMPLEMENTATION OF THE GUARANTEES AND ATTRACTION OF LOAN FUNDS IN A COOPERATIVE

7.1. If a member of the Cooperative does not have sufficient funds to contribute a share, the Cooperative is entitled, by decision of the Board of the Cooperative, to provide such a member with a loan secured by real estate or if there is a guarantee from another member of the Cooperative. At the same time, it is mandatory to conclude a loan agreement between a member of the Cooperative and the Cooperative represented by the Chairman. The procedure for granting a loan is governed by the loan agreement, this Charter and the current legislation of the Russian Federation.

8. REORGANIZATION AND LIQUIDATION OF A COOPERATIVE

8.1. The reorganization of the Cooperative (merger, accession, division, separation, transformation) is carried out by decision of the General Meeting adopted unanimously by all members of the Cooperative, and other grounds provided for by the legislation of the Russian Federation.

8.2. To carry out the reorganization, by the decision of the General Meeting, a reorganization commission is created from among the members of the Cooperative, which develops a reorganization plan, draws up a separation balance sheet and submits these documents for approval to the General Meeting. By unanimous decision of all members of the Cooperative, the Cooperative may be transformed into economic partnership or society.

8.3. Liquidation of the Cooperative is possible:

  • by decision of the General Meeting;
  • By the tribunal's decision.
8.3.1. The general meeting of the Cooperative or the body that made the decision to liquidate it appoints, in agreement with the body that carries out state registration of legal entities, a liquidation commission and determines, in accordance with the legislation of the Russian Federation, the procedure and terms for its liquidation.

8.3.2. From the moment of appointment of the liquidation commission, the powers to manage the affairs of the Cooperative are transferred to it.

8.3.3. The liquidation commission, through the press, notifies all interested parties of the liquidation of the Cooperative and determines the time frame during which creditors can submit their claims to the liquidation commission.

8.3.4. The liquidation commission accepts and carefully checks all the claims of creditors, identifies accounts receivable, and consolidates the property of the Cooperative.

8.3.5. After satisfaction of all recognized claims of creditors in the order established by the legislation of the Russian Federation, the remaining part of the property of the Cooperative, with the exception of the property of an indivisible fund, is distributed among the members of the Cooperative, if it is possible to divide this property.

8.3.6. If the common property cannot be divided, then with the consent of all members of the Cooperative, it is sold at public auction, and the proceeds from the sale of property are distributed among the members of the Cooperative in proportion to their share contributions. In the event that the members of the Cooperative refuse to sell, the part of the common property remaining after satisfaction of the creditors' claims remains in the shared ownership of the members of the Cooperative. The share of each member of the Cooperative is equal to the size of its share contribution.

8.3.7. The property of an indivisible foundation is transferred to an organization with similar goals or a charitable organization by decision of the liquidation commission, based on the provisions of the Charter.

8.3.8. The liquidation of the Cooperative is considered completed, and the Cooperative is considered liquidated after an entry on liquidation is made in the Unified State Register of Legal Entities.

In case you need a template belonging to a section « Constituent documents» with theme "Sample: exemplary charter of a consumer cooperative", You can look at this document template.

EXAMPLE CHARTER OF THE CONSUMER COOPERATIVE "_____________________________" (name) I. Purposes and object of activity of the cooperative "_____________________________" name , independence, self-government and self-financing, as well as the material interest of the members of the cooperative and persons working in it under an employment contract and the most complete combination of their interests with the interests of the cooperative and society. Name of the cooperative "__________________________________" Location of the cooperative:__________________________________ Members of the cooperative are: __________________________________ __________________________________ __________________________________ etc. The mentioned citizens are founding members of the cooperative. Other members may be admitted to the cooperative, in accordance with this charter. 2. The subject of the cooperative's activity is the implementation of activities aimed at: - meeting the needs of its members in _______________________ - developing cooperative democracy; - to promote and train and improve the skills of its members; - for legal services for members of the cooperative and protection of their rights and legitimate interests; II. Membership in a cooperative Rights and obligations of members of a cooperative 3. Members of a cooperative may be citizens who have reached the age of 16 and who are interested in satisfying their interests and participate in the performance of other tasks assigned to the cooperative by this Charter. There are no restrictions on joining a cooperative (except for those specifically stipulated in this Charter and legislation). The right of preferential accession to the members of the cooperative has persons who perform construction, installation, etc. work under an employment contract with it. Workers, scientific, engineering and technical workers and employees of other cooperatives, enterprises, organizations and institutions as members or under an employment contract may take part in the commercial activities of a cooperative in their free time from their main work. Work in a cooperative requiring special training or special education (in the cases provided for by this charter) can be performed only by persons who have presented documents confirming the necessary training and appropriate education. Admission to the membership of the cooperative is carried out by the general meeting of members of the cooperative in the presence of the citizen who submitted the application. The decision on admission is made by a simple majority of votes of the cooperative members present at the general meeting. A member of a cooperative may be expelled from the cooperative only in cases provided for by this Charter and the Rules of Operation __________________, while 2/3 of the members of the cooperative present at the general meeting must vote for the exclusion. The exception may be challenged in court. 4. A member of a cooperative is obliged: - to comply with this Charter and current legislation; - strictly observe the Rules for the operation of ______________, houses, garages, etc. decisions of the governing bodies of the cooperative; - timely make a share contribution, in accordance with clause 11 of the Charter; - ensure the proper quality of the results of work carried out in accordance with clause 10 of the Charter; - to make additional contributions by decision of the general meeting to cover the resulting losses of the cooperative; - actively participate in the management of the affairs of the cooperative; - protect and strengthen the property of the cooperative; - bear joint and several subsidiary liability for the obligations of the cooperative within the limits of additional contributions not made. 5. A member of the cooperative has the right: - to meet their needs in ____________________; - get a job in accordance with the profile of their specialty (other qualifications) and taking into account the needs of the cooperative; - elect and be elected to the governing bodies of the cooperative; - make proposals for improving the activities of the cooperative; - make proposals on improving the activities of the cooperative, on eliminating shortcomings in the work of its bodies and officials; - participate in the entrepreneurial activities of the cooperative, provided for in paragraph 10 of this Charter; - use the property of the cooperative, benefits and benefits provided for its members; - receive comprehensive information about the activities of the cooperative; - to the share of income to be distributed among the members of the cooperative in accordance with the size of the share contribution; - to meet other needs in the manner prescribed by the general meeting of the cooperative. 6. For persons working in a cooperative under an employment contract, work books are kept in accordance with the "Instructions on the procedure for maintaining work books at enterprises, institutions and organizations", except in cases where their main place of work is other enterprises, institutions, organizations and cooperatives. 7. The application of a member of the cooperative to withdraw from the cooperative must be considered within a month at the general meeting. A member of the cooperative is considered withdrawn from the moment the decision of the general meeting on this issue is made, amendments are made to this charter and registration of these changes is carried out in the prescribed manner. At the end of the financial year, but no later than one month after the approval of the annual balance sheet, the former member of the cooperative is allocated the share due to him from the income of the cooperative, formed as a result of the activities provided for in clause 10 of this Charter. Settlements with a former member of the cooperative who arbitrarily left him or was expelled from the cooperative for gross or systematic violations of the Rules of Operation _______________________, the Rules of Internal Regulations and this Charter, are made in the same manner, but without payment of the specified share of income. Persons working in a cooperative under an employment contract may terminate this contract on their own initiative in accordance with the current labor legislation. The cooperative, on its own initiative, may terminate the employment contract with them also in accordance with the norms of labor law, taking into account the specifics provided for in the legislation on consumer cooperation. 8. For damage caused to a cooperative, persons working in it under an employment contract shall bear material liability in the manner and in the amount provided for by law for workers and employees. If the damage is caused by a member of the cooperative or by a citizen who has concluded a work contract with the cooperative, then the losses incurred by the cooperative shall be compensated in accordance with the current civil legislation. III. Entrepreneurial activity of a cooperative 9. From the moment of state registration in accordance with the established procedure, a cooperative is a legal entity and has an independent balance sheet, as well as a seal with its name, is liable for its obligations with its separate property, can acquire and exercise rights on its own behalf, bear obligations, be a plaintiff and defendant in court. The cooperative keeps funds on accounts in bank institutions; performs all cash and settlement operations in accordance with established rules. The transfer or issuance of funds from the accounts of the cooperative is carried out by order of the chairman and accountant of the cooperative. 10. The cooperative, on the basis of agreements concluded with other enterprises, institutions, organizations, citizens, carries out, along with its main activity referred to in Section 1 of this Charter, also entrepreneurial activity by both its members and those employed under an employment contract (or on the basis of contracts) of citizens. This activity is additional to the main activity of the cooperative, is aimed at creating the most favorable conditions for achieving the goals of the cooperative defined by this Charter and is carried out in the following areas: __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ IV. Share contribution 11. Each member of the cooperative is obliged to pay at least __________% of his share contribution by the time of registration of the cooperative. Amount of share contribution of members of the cooperative: 1.______________________________________________________________ 2.____________________________________________________________ 3.____________________________________________________________ Composition of the share contribution of members of the cooperative: 1.____________________________________________________________ 2.____________________________________________________________ 3.____________________________________________________________ Clause 11 of this Charter, a member of the cooperative is obliged to pay 10% per annum of the unpaid part of the share contribution. 13. Share contributions go to the formation of the authorized (share) fund of the cooperative. V. Formation and use of the funds of the cooperative 14. The property of the cooperative is formed at the expense of: - shares of the members who joined it; - contributions of persons working in it under an employment contract (with their consent); - income from activities referred to in paragraph 10 of the Charter; - contributions from enterprises, institutions, organizations, citizens, made voluntarily in cash or in the form of transfer of equipment, raw materials, materials, etc.; - bank loans; - other legal receipts. The property of the cooperative is the property of the structural subdivisions created by it. 15. The income of the cooperative, received from the entrepreneurial activity provided for in this Charter, is used to reimburse the costs associated with the implementation of this activity, other material costs, the implementation of mandatory payments and deductions, and the payment of taxes. From the remaining income, the cooperative forms: - cooperative development fund; - insurance fund; - wage fund for members of the cooperative and other persons working in it under an employment contract. 16. The insurance fund is intended to cover unforeseen expenses, losses associated with entrepreneurial activities referred to in clause 10 of this Charter, as well as to pay the cooperative's debts in the event of its liquidation. The cooperative reserves the right to insure its property and property interests. 17. The cooperative, by decision of the general meeting of its members, may allocate part of its income for the construction of housing and cultural facilities on a shared basis. 18. The cooperative has the right to: - sell and transfer to other cooperatives, organizations, enterprises, institutions, citizens, exchange, lease, lend and free temporary use of its funds, property, machinery, materials, vehicles, equipment and other values; - Write off fixed assets from the balance if they are worn out or obsolete; - in accordance with the procedure established by law, be a holder of securities; - on a contractual basis, use the property provided to it by other cooperatives, enterprises and organizations, rent, borrow and free temporary use of funds, equipment, inventory, vehicles, warehouses and facilities, raw materials and other material assets. The cooperative is responsible for its obligations with its own funds and property. The state is not responsible for the obligations of the cooperative. The cooperative is not responsible for the obligations of the state, as well as members of the cooperative. Members of the cooperative are obliged, within 3 months from the date of approval of the annual balance sheet, to cover the losses incurred by the cooperative by making additional contributions. VI. Labor: organization, payment, discipline 20. All work in the cooperative is performed by its members, as well as by citizens who enter into an employment contract with the cooperative. Certain works may be performed by other persons under a work contract. Labor relations of members of a cooperative are governed by this Charter and legislation on cooperation, and those working in a cooperative under an employment contract are regulated by labor legislation, taking into account the specifics established by legislative acts on consumer cooperation. 20. The length and schedule of the working day in the cooperative, the procedure for granting days off, annual and additional holidays, benefits and advantages working at night and other issues of the labor activity of members of the cooperative are regulated by this Charter and the Internal Regulations of the cooperative. The remuneration of members of the cooperative and persons working in it under an employment contract is not limited to a maximum amount and is made at least once a month. 21. All construction, geodetic, excavation, installation and other works in the cooperative are carried out in compliance with the established rules and norms for safety and industrial sanitation requirements. 22. Remuneration for the labor of members of the cooperative, as well as persons working in it under an employment contract, or performing work under a work contract, is made at the expense of funds remaining for these purposes in the distribution of income received as a result of the activities referred to in paragraph 10 of this Charter. These funds are spent first on the remuneration of workers who are not members of the cooperative, and then on the remuneration of the members of the cooperative who took part in these works. The rest of the amount is distributed among all members of the cooperative in accordance with the size of the share contribution of each member of the cooperative. 23. For violation of this Charter, the Internal Regulations and labor discipline, penalties may be imposed on members of the cooperative. Their types and the order of imposition are established in the Internal Regulations. At the same time, the legislation on labor discipline of workers and employees of state, municipal organizations and enterprises applies to persons working in a cooperative under an employment contract. 24. Disputes between members of a cooperative regarding wages, compensation for harm caused by injury, other damage to health or death of the breadwinner, as well as compensation for damage caused to the cooperative through the fault of its member, are considered in court. Other disputes of members of the cooperative, related to their activities in the cooperative, are considered by the management bodies of the cooperative. Labor disputes involving persons working in a cooperative under an employment contract are considered in court. VII. Management of the cooperative 25. The management of the cooperative is carried out on the basis of self-government, broad democracy, openness, active participation of its members in resolving all issues of the cooperative's activities. The affairs of the cooperative are managed by the general meeting of its members, and in the period between meetings - by its board and chairman. The economic and financial activities of the cooperative are checked by its auditor (audit commission), elected for one year. 26. The supreme governing body is the general meeting of its members. The exclusive competence of the meeting is: - adoption of the Charter, making changes and additions to it; - election of the board, chairman, auditor, hearing reports on their activities; - resolving issues of admission to the cooperative and exclusion from the cooperative, exit from the cooperative; - adoption of the Internal Regulations, Regulations on liability for damage caused to the property of the cooperative, amendments to them, as well as the Rules for the operation of ______________________; - adoption of the Regulations on remuneration, on bonuses, other internal regulations, amendments and additions to them; - determination of the size of entrance and share contributions; - determination of the amount and procedure for making additional contributions in cases of need to cover the rejoiced losses of the cooperative; - establishing the procedure for the distribution of income and the direction of the use of the cooperative's funds; - approval of the cooperative's annual financial report and balance sheet; - solution of questions on liquidation and reorganization of the cooperative. The general meeting of the cooperative may also resolve other issues referred by this Charter to the jurisdiction of the cooperative. All decisions are taken by the general meeting by open vote. 27. The general meeting of members of the cooperative is convened within the time limits established by the meeting itself, but at least ___________ once a year. For consideration and approval of the annual financial report and balance sheet, the general meeting is convened no later than one month after the end of the financial year. The general meeting is authorized to resolve issues if at least 2/3 of the members of the cooperative are present at the meeting. Decisions to amend the Charter of the cooperative, to terminate the activities of the cooperative are taken by 2/3 of the votes of the total number of members of the cooperative. The remaining decisions are made by a simple majority of votes, except for the cases mentioned in paragraph 28 of this Charter. 28. Elections of members of the board, chairman, auditor (audit commission) of the cooperative are carried out by open voting. The candidate who receives 2/3 of the votes of the present members of the cooperative is considered elected. 29. The chairman and board of the cooperative are elected by the general meeting for a period of ___________ years. The chairman of the cooperative is the chairman of the board. The Board manages the current affairs of the cooperative and makes decisions on issues that are not within the exclusive competence of the general meeting. The chairman of the cooperative ensures the implementation of decisions of the general meeting and the board, carries out day-to-day management of the cooperative, represents the cooperative in relations with state bodies and other institutions and organizations, cooperatives; concludes contracts, issues powers of attorney, performs other actions. 30. The auditor (audit commission) elected by the general meeting is guided by this Charter and the current legislation. He is accountable to the general assembly. The auditor (audit commission) annually conducts at least one audit of the economic and financial activities of the cooperative. He gives an opinion on the annual financial report and balance sheet of the cooperative. Audit reports are subject to approval by the general meeting of members of the cooperative. The procedure for conducting an audit and the issues to be verified are established in the current legislation. 31. The cooperative appoints from among its members or employs under an employment contract specialists with the necessary qualifications: an accountant, manager, lawyer, etc. These employees report directly to the chairman of the cooperative. 32. The chairman of the cooperative and the auditor, who have not justified the trust of the members of the cooperative, may be recalled ahead of schedule by decision of the general meeting. Persons with convictions for embezzlement, bribery and other acquisitive crimes cannot be elected as a chairman, a member of the board of a cooperative, auditors (or a member of the audit commission), as well as hold other management positions and positions related to liability. 33. Persons who are forbidden by a court sentence to engage in activities that coincide with the specifics of a cooperative, or to perform certain work, cannot be members of a cooperative or be involved in work in it under an employment contract. VIII. Termination of a cooperative 34. By decision of the general meeting, a cooperative may be reorganized in accordance with the current Civil Code of the Russian Federation and legislation on consumer cooperatives. 35. The liquidation of the cooperative is carried out by decision of the general meeting of the members of the cooperative, as well as on other grounds and in the manner established by the current legislation. 36. Upon liquidation of a cooperative, a liquidation commission is created, which, in accordance with the established procedure, places an announcement in the press about the liquidation of the cooperative, about the procedure and terms for filing creditors' claims, identifies the debtors of the cooperative, draws up interim and liquidation balance sheets, works to satisfy creditors' claims, and performs other functions assigned to it by law. 37. The property of the cooperative, remaining after the satisfaction of its creditors, is distributed among the members of the cooperative in proportion to the size of their share contributions. 38. A cooperative is considered liquidated from the moment an entry about it is made in the Unified State Register of Legal Entities. This Charter was approved at the general meeting of members of the cooperative "___________________" (minutes N_____ dated "__" _________ 20__). Members of the cooperative: ___________________ _____________________________ ________________ full name year of birth, signatures home address, passport details

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    EXAMPLE CHARTER
    CONSUMER COOPERATIVE

    (Name)

    I. Purposes and object of activity of the cooperative
    "_____________________________"
    Name

    1. Cooperative _________________________________________________
    (hereinafter: "cooperative") is a voluntary association
    citizens based on membership for joint satisfaction
    needs based on the pooling of belonging
    property, independence, self-government and
    self-financing, as well as the material interest of members
    cooperative and persons working in it under an employment contract and
    the most complete combination of their interests with the interests of the cooperative and
    society.
    Name of the cooperative "_________________________________"
    Location of the cooperative:__________________________________
    The members of the cooperative are:

    __________________________________
    __________________________________
    etc.
    The mentioned citizens are founding members of the cooperative.
    Other members may be admitted to the cooperative, in accordance with
    by this statute.
    2. The subject of the activity of the cooperative is the implementation
    activities aimed at:
    - to meet the needs of its members in _______________________
    - on the development of cooperative democracy;
    - to promote and train and improve the skills of their
    members;
    - for legal services for members of the cooperative and protection of their rights
    and
    legitimate interests;

    II. Membership in a cooperative

    Rights and obligations of members of the cooperative
    3. Members of the cooperative may be citizens who have reached the age of 16
    years of age, interested in satisfying their
    interests to participate in the performance of other tasks assigned
    the present Charter for the cooperative. No restrictions for
    joining a cooperative (with the exception of those specifically stipulated in
    this Charter and legislation) no.
    The right of preferential entry into the members of the cooperative has
    persons performing construction works under an employment contract with him,
    installation, etc. work.
    In the commercial activities of the cooperative may take
    participation in free time from the main work working, scientific,
    engineering and technical workers and employees of other cooperatives,
    enterprises, organizations and institutions as members or by
    labor contract.
    Jobs in a cooperative that require special training or
    special education (in the provisions of this charter
    cases), can only be carried out by persons who present
    documents confirming the necessary training and appropriate
    education.
    Admission to the cooperative is made by the general meeting of members
    cooperative in the presence of the citizen who submitted the application. Solution
    on admission is adopted by a simple majority vote of those present
    at a general meeting of members of the cooperative.
    A member of a cooperative may be expelled from the cooperative only in
    cases provided for by this Charter and the Rules
    operation __________________, with the exception of
    vote 2/3 of the members present at the general meeting
    cooperative. The exception may be challenged in court.
    4. A member of a cooperative is obliged:
    - comply with this Charter and current legislation;
    - Strictly comply with the Operating Rules ______________,
    home, garage, etc.
    decisions of the governing bodies of the cooperative;
    - make a share contribution in a timely manner, in accordance with clause 11
    Charter;
    - ensure the proper quality of work results,
    carried out in accordance with clause 10 of the Charter;
    - make additional contributions by decision of the general meeting for
    covering the resulting losses of the cooperative;
    - actively participate in the management of the affairs of the cooperative;
    - protect and strengthen the property of the cooperative;
    - be jointly and severally liable for
    obligations of the cooperative within the limits of the additional
    contributions.
    5. A member of a cooperative has the right:
    - to meet their needs in ____________________;
    - get a job according to your profile
    specialty (other qualifications) and taking into account the needs
    cooperative;
    - elect and be elected to the governing bodies of the cooperative;
    - make proposals for improving the activities of the cooperative;
    - make proposals for improving the activities of the cooperative,
    on the elimination of shortcomings in the work of its bodies and officials;
    - participate in the business activities of the cooperative,
    provided for in paragraph 10 of this Charter;
    - use the property of the cooperative, benefits and
    the benefits provided for its members;
    - receive comprehensive information about the activities
    cooperative;
    - on the share of income to be distributed among members
    cooperative in accordance with the size of the share contribution;
    - to meet other needs in order,
    established by the general meeting of the cooperative.
    6. For persons working in a cooperative under an employment contract,
    work books are maintained in accordance with the "Instructions on the procedure
    maintenance of work books at enterprises, institutions and
    organizations", except in cases where the main place
    their work are other enterprises, institutions, organizations, and
    also cooperatives.
    7. The application of a member of the cooperative for withdrawal from the cooperative must
    be considered within a month at a general meeting. Member
    cooperative is considered withdrawn from the moment the decision of the general
    meetings on this issue, amendments to this charter and
    registration of these changes in the prescribed manner.
    At the end of the financial year, but not later than one
    month after the approval of the annual balance sheet, a former member
    cooperative is allocated a share due to it from the income
    cooperative, formed as a result of the provisions of paragraph 10
    of this Charter of activity. Settlement with a former member
    cooperative, who arbitrarily left it or were expelled from
    cooperative for gross or systematic violations of the Rules
    operation _______________________, Internal Regulations
    and this Charter, is made in the same manner, but without payment
    specified share of income.
    Persons working in a cooperative under an employment contract may
    terminate this agreement on its own initiative in accordance with
    current labor laws. cooperative in its own way
    initiative may terminate the employment contract with them also in
    in accordance with the norms of labor law, taking into account the peculiarities,
    provided for in the legislation on consumer cooperation.
    8. For damage caused to the cooperative, persons working in it
    under an employment contract, are financially responsible for
    in the manner and amount prescribed by law for workers
    and employees. If the damage is caused by a member of the cooperative or
    a citizen who has concluded a work contract with a cooperative, then
    losses incurred by the cooperative are compensated in accordance with
    current civil law.

    III. Entrepreneurial activity of the cooperative

    9. From the moment of state registration in the established
    order, the cooperative is a legal entity and has
    independent balance, as well as a seal with its name,
    is liable for its obligations with its separate property,
    may, in its own name, acquire and exercise rights, bear
    obligations, to be a plaintiff and a defendant in court.
    The cooperative keeps money in accounts in institutions
    jar;
    performs all cash and settlement transactions in accordance with
    established rules. Transfer or issue of funds
    from the accounts of the cooperative is made by order of the chairman and
    cooperative accountant.
    10. Cooperative based on agreements with other enterprises,
    institutions, organizations, citizens of contracts carries out
    along with its core business referred to in section 1
    of this Charter, as well as entrepreneurial activity by
    both its members and those hired under an employment contract
    (or on the basis of a work contract) citizens. This activity
    is additional to the main activity of the cooperative,
    aimed at creating the most favorable conditions for
    achievement of the goals of the cooperative, determined by this Charter and
    carried out in the following areas:

    __________________________________________________________________
    __________________________________________________________________

    IV. Share contribution

    11. Each member of the cooperative is obliged to pay by the time
    registration of a cooperative not less than __________% of its share contribution.
    The amount of the share contribution of members of the cooperative:



    The composition of the share contribution of members of the cooperative:
    1.____________________________________________________________
    2.____________________________________________________________
    3.____________________________________________________________
    The procedure for making a share contribution: ______________________________
    __________________________________________________________________
    __________________________________________________________________
    12. In case of non-payment of the share contribution within the terms mentioned in
    clause 11 of this Charter, a member of the cooperative is obliged to pay 10%
    per annum from the unpaid part of the share contribution.
    13. Share contributions go to the formation of the authorized (share)
    cooperative fund.

    V. Formation and use of cooperative funds

    14. The property of the cooperative is formed at the expense of:
    - share transfers of members who joined it;
    - contributions of persons working in it under an employment contract (with their
    consent);
    - income from activities referred to in paragraph 10 of the Charter;
    - contributions from enterprises, institutions, organizations, citizens,
    contributed voluntarily in cash or in the form of
    transfer of equipment, raw materials, materials, etc.;
    - bank loans;
    - other legal receipts.
    The property of a cooperative is the property of the
    structural divisions.
    15. The income of the cooperative received from the
    this Charter of Entrepreneurial Activity, is used on
    reimbursement of costs associated with the implementation of this activity,
    other material costs, making obligatory payments and
    deductions, payment of taxes.
    From the remaining income, the cooperative forms:
    - cooperative development fund;
    - insurance fund;
    - wage fund for members of the cooperative and other persons,
    working in it under an employment contract.
    16. The insurance fund is intended to cover unforeseen
    expenses, losses associated with entrepreneurial activity,
    referred to in clause 10 of this Charter, as well as for the payment of debts
    cooperative upon its liquidation.
    The cooperative reserves the right to insure its property
    and property interests.
    17. A cooperative, by decision of the general meeting of its members, may
    allocate part of their income for construction on a shared basis
    objects of housing and cultural purposes.
    18. The cooperative has the right:
    - sell and transfer to other cooperatives, organizations,
    enterprises, institutions, citizens to exchange, lease
    lend and lend for free
    his money, property, equipment,
    materials, vehicles, equipment and other
    material values;
    - write off fixed assets from the balance sheet if they are worn out or
    obsolete;
    - in the manner prescribed by law to be the holder
    valuable papers;
    - on a contractual basis to use the property,
    granted to it by other cooperatives, enterprises and
    organizations, rent, borrow and free temporary
    use of funds, equipment, inventory, transport
    funds, storage facilities and facilities, raw materials and other
    material values.
    The cooperative is responsible for its duties with its own
    funds and property. The state is not responsible
    cooperative.
    The cooperative is not responsible for the obligations of the state, as well as
    cooperative members. Members of the cooperative are obliged within 3
    months from the date of approval of the annual balance to cover
    losses incurred by the cooperative by making additional
    contributions.

    VI. Labor: organization, pay, discipline

    19. All work in the cooperative is performed by its members, as well as
    citizens concluding an employment contract with a cooperative.
    Certain works can be performed by other persons under the contract
    contract, Labor relations of cooperative members are regulated
    this Charter and legislation on cooperation, and those working in
    cooperative under an employment contract - labor legislation with
    taking into account the specifics established by legislative acts on
    consumer cooperation.
    20. The duration and schedule of the working day in the cooperative,
    the procedure for granting days off, annual and additional
    holidays, perks and benefits for night workers and others
    issues of labor activity of members of the cooperative are regulated
    by this Charter and the Internal Regulations of the cooperative.
    Remuneration of members of the cooperative and persons working in it according to
    employment contract, the maximum size is not limited and
    performed at least once a month.
    21. All construction, geodetic, earthwork, assembly and
    other work in the cooperative is carried out in compliance with
    established safety rules and regulations and requirements
    industrial sanitation.
    22. Remuneration of members of the cooperative, as well as persons working in
    him under an employment contract, or performing work under a contract
    contract, is made at the expense of funds remaining for these purposes with
    distribution of income received as a result of the implementation
    activities referred to in paragraph 10 of this Charter. Specified
    funds are spent first on the wages of employees, not
    who are members of the cooperative, and then on the remuneration of members
    cooperatives that took part in these works. Remaining amount
    distributed among all members of the cooperative in accordance with
    the size of the share contribution of each member of the cooperative.
    23. For violation of this Charter, Rules of internal
    order and discipline of work on the members of the cooperative may be
    penalties imposed. Their types and order of imposition
    set out in the Internal Regulations.
    At the same time, for persons working in a labor cooperative
    contract, the legislation on labor discipline applies
    workers and employees of state, municipal organizations and
    enterprises.
    24. Disputes of members of the cooperative about wages, about compensation
    injury caused by injury, other damage to health or
    the death of the breadwinner, as well as compensation for damage to the cooperative,
    caused through the fault of its member, are considered in the judicial
    okay. Other disputes of cooperative members related to their
    activities in a cooperative are considered by the governing bodies
    cooperative.
    Labor disputes involving employees in a cooperative
    employment contract of persons are considered in court.

    VII. Cooperative Management

    25. The management of the cooperative is carried out on the basis of
    self-government, broad democracy, openness, active participation
    its members in resolving all issues of the cooperative's activities.
    The affairs of the cooperative are managed by the general meeting of its members, and in
    the period between meetings is its board and chairman.
    The economic and financial activity of the cooperative is checked by its
    Auditor (Audit Commission), elected for one year.
    26. The supreme governing body is the general meeting of its
    members. The exclusive competence of the meeting is:
    - adoption of the Charter, introduction of amendments and additions to it;
    - election of the board, chairman, auditor, hearing
    reports on their activities;
    - Dealing with issues of admission to the cooperative and exclusion from
    cooperative, on withdrawal from the cooperative;
    - adoption of the Internal Regulations, Regulations on
    financial liability for damage caused to property
    cooperative, making changes to them, as well as the Rules of Operation
    ______________________;
    - adoption of the Regulations on remuneration, bonuses, other
    internal regulations, amendments and additions to them;
    - determination of the size of entrance and share contributions;
    - determination of the size and order of making additional
    contributions in cases of need to cover rejoiced losses
    cooperative;
    - establishing the procedure for the distribution of income and the direction
    use of cooperative funds;
    - approval of the annual financial report of the cooperative and
    balance sheet;
    - solution of questions on liquidation and reorganization of the cooperative.
    The general meeting of the cooperative may decide other issues,
    referred by this Charter to the jurisdiction of the cooperative. All Solutions
    adopted by the general meeting by open vote.
    27. The general meeting of members of the cooperative is convened on time,
    established by the meeting itself, but not less than ___________ once a year. For
    review and approval of the annual financial report and balance sheet
    the general meeting is convened no later than one month after the end of
    day of the end of the financial year. The general meeting is competent
    resolve issues if the meeting is attended by ...