When is drafting required?
Minutes are required at each general meeting of participants in a garage-building cooperative. The protocol is the main evidence of every decision made. If one of the participants does not agree with this or that decision and initiates proceedings on this issue through the judicial authorities, then the remaining members of the cooperative will be protected by a correctly drawn up protocol of the meeting.
Important! Decisions made at the meeting of the State Committee and recorded in the minutes must not contradict Article No. 50 of the Civil Code of the Russian Federation, which regulates the activities of non-profit organizations.
Reasons for formation
The reasons for writing the protocol coincide with the reasons for the gathering of the founders of the garage and construction cooperative. They are formed based on the agendas that initiated the meeting.
Among the main reasons, 8 main ones can be identified:
- Creation of a garage cooperative.
- Approval and amendment of the charter of a garage-building cooperative.
- Determining and changing the location of garages.
- Election of the board and change of board of GSK.
- Election of an auditor and change of auditor of a garage association.
- Election of the chairman of the general meeting of the garage-building cooperative and its replacement by choosing a new chairman.
- Setting and changing contributions of members of a garage-building cooperative.
- Making a decision to liquidate GSK.
GSK Protocol New Edition 2021 Sample
Minutes are required at each general meeting of participants in a garage-building cooperative. The protocol is the main evidence of every decision made.
If one of the participants does not agree with this or that decision and initiates proceedings on this issue through the judicial authorities, then the remaining members of the cooperative will be protected by a correctly drawn up protocol of the meeting.
The reasons for writing the protocol coincide with the reasons for the gathering of the founders of the garage and construction cooperative. They are formed based on the agendas that initiated the meeting.
Among the main reasons, 8 main ones can be identified:
- Creation of a garage cooperative.
- Approval and amendment of the charter of a garage-building cooperative.
- Determining and changing the location of garages.
- Election of the board and change of board of GSK.
- Election of an auditor and change of auditor of a garage association.
- Election of the chairman of the general meeting of the garage-building cooperative and its replacement by choosing a new chairman.
- Setting and changing contributions of members of a garage-building cooperative.
- Making a decision to liquidate GSK.
The secretary of the meeting must draw up and document the minutes of the garage-building cooperative.
The law does not directly indicate who can be the secretary, so participants in the general meeting make decisions at their own discretion.
The general practice of meetings of garage associations shows that the secretary is the same person, usually a member of this garage association. Less often, the functions of the secretary are performed by the chairman of the meeting.
In order for the protocol not to be challenged in court, it must be drawn up correctly from the legal side. In the header section, the restriction relates to the spelling of the name of the cooperative. It must be complete, without abbreviations.
For example: Garage and construction cooperative "Aviator".
Also, the date and location of the meeting must be indicated in the heading. There are no special restrictions: the date is in free form, including day, month and year.
For example: 03/23/2017 or March 23, 2021.
The name of the locality is written in full; geographical abbreviations are allowed.
For example: the city of Kursk or the city of Kursk.
Minutes of the general meeting of the GSK: rules for drawing up the document and extract
MINUTES No. 1/2018 of the Extraordinary Meeting of the Commissioners of the Kometa Garage and Construction Cooperative (with the invitation of all members of the GSK as participants in the meeting).
City of Moscow The initiator of the meeting of authorized (hereinafter referred to as the Meeting) members of the garage and construction cooperative "Kometa" (hereinafter referred to as the GSK) is the GSK Audit Commission, appointed by the Decision of March 11, 2017.
How to apply?
The legislation of the Russian Federation does not provide for a form for the minutes of the meeting of the founders of a garage association. Therefore, the minutes of the meeting of members of the garage cooperative should be written in free form. At the same time, according to clause 3 of Article No. 181.2 of the Civil Code of the Russian Federation, there is a general requirement for the preparation of minutes of meetings of non-profit organizations:
- This document must have a unique number and the date of the meeting.
- The protocol must be signed by the chairman of the general meeting of members of the garage cooperative and the secretary of the meeting.
The minutes of the general meeting are not stamped, since the chairman of the meeting is not the chairman of the board, even if de facto these people are the same.
Related documents
- Minutes of the founding meeting of the company (enterprise, research and production center, etc.)
- Decision of the general meeting of members of housing associations of owners on their merger
- The decision to create an individual private enterprise
- Information about the initiators of the creation of a public association (Appendix No. 2 to the order of the Ministry of Justice of the Russian Federation dated September 16, 1994 No. 19-47-94-94)
- List of founders-shareholders (shareholders) of a commercial bank
- Agreement on the establishment and activities of a joint venture
- Charter of the All-Russian Society (example)
- Charter of a subsidiary (example)
- Charter of the owner's housing association
- Charter of a closed joint stock company
- Charter of a commercial bank (sample)
- Charter of an open joint stock company
- Charter of a state enterprise
- Charter of an individual private enterprise
- Charter of the peasant farm
- Charter of the production (research and production, commercial, consumer services, creative artistic and industrial, etc. - options) enterprise “Spring” (conditionally) (individual private enterprise)
- Charter of a company in the form of a limited liability partnership
- Foundation agreement on the creation (establishment) of a limited liability partnership - scientific and production enterprise "Volga" (conditional)
- Memorandum of association establishing the association
- Foundation agreement on the establishment of a commercial bank
What should the document contain?
According to Article No. 24 of Federal Law No. 193 of 1995, as amended in 2016, the following information must be contained:
- The name of the cooperative, information about its actual location.
- Place of the meeting, date, start and end time.
- The date of notification of the members of the garage association about the upcoming meeting and the date of provision to them of the materials considered at the meeting.
- The total number of members of the association, the number of members of the cooperative who came, the number of participants with voting rights.
- A note on the legality of holding a meeting of participants of the garage cooperative.
- A list of issues that are raised at the meeting.
- Full name of the speaker speaking to the members of the association, the main points from his speech.
- Voting results on each issue considered, decisions made.
Attention! The minutes of the meeting must be drawn up in two copies. One is sent to the board of the cooperative, and the second to the supervisory board.
Minutes of the general meeting of members of the production cooperative
MINUTES N ___ of the general meeting of members of the production cooperative “__________________________________________” (full corporate name)
_________________ "___"________ ___ Place of the meeting (address): _______________________.
Meeting start time: ___________________________________.
Meeting end time: ________________________________.
Members present:
1. _______________________________________________________.
2. _______________________________________________________.
3. _______________________________________________________.
The total number of members of the Production Cooperative “___________” is __________ people.
The number of votes belonging to the members of the Production Cooperative “___________” present at this General Meeting is ___% of the total number of votes of the members of the cooperative.
There is a quorum to resolve the issue on the agenda <1>.
———————————
<1> The general meeting of members of the cooperative is competent to make decisions if more than fifty percent of the total number of members of the cooperative are present at this meeting.
The general meeting of members of the cooperative makes decisions by a simple majority of votes of the members of the cooperative present at this meeting, unless otherwise provided by this Federal Law or the charter of the cooperative.
Decisions on changing the charter of the cooperative, on reorganization (with the exception of transformation into a business partnership or company) and on the liquidation of the cooperative are made by three-quarters of the votes of the members of the cooperative present at the general meeting (Clause 2 of Article 15 of the Federal Law “On Production Cooperatives”).
AGENDA:
1. Election of the chairman, secretary, approval of the rules of the general meeting of the Production Cooperative “___________”.
2. On changing the full and short corporate name of the Production Cooperative “___________”.
3. Determination of the new location of the Production Cooperative “________”.
4. Removal from the position of the Chairman of the Production Cooperative “___________” - ___________________ (full name).
5. Appointment to the position of Chairman of the Production Cooperative “___________” - ___________________ (full name).
6. On the transfer of affairs from the previous one to the new Chairman of the Production Cooperative “___________”.
7. Approval of seal sketches and appointment of the Production Cooperative “___________” responsible for the production of the seal.
8. On the destruction of the seal of the Production Cooperative “___________”.
9. Approval of the new edition of the Charter of the Production Cooperative “___________”.
1. On the issue of the election of the chairman, secretary and the approval of the rules of the general meeting of the Production Cooperative “___________” they heard __________________ (full name).
Voting results:
“For” — ___ votes, “against” — ___ votes, “abstained” — ___ votes.
Resolved:
Elect chairman of the meeting: ______________________ (full name), secretary of the meeting: ___________________ (full name).
Approve the following rules of the general meeting: _______________________, including the voting procedure - open (or secret).
2. On the issue of changing the full and short corporate name of the Production Cooperative “_________” they heard ________________ (full name).
Voting results:
“For” — ___ votes, “against” — ___ votes, “abstained” — ___ votes.
Decision made/not made.
(If a decision is made) Resolved:
Approve a new full corporate name:
Production cooperative "_______________________".
Approve a new short corporate name:
PC "___________".
Change the full and short corporate name of the Production Cooperative “___________” in the manner prescribed by law.
3. On the issue of determining the new location of the Production Cooperative “___________” they heard ___________________ (full name).
Voting results:
“For” — ___ votes, “against” — ___ votes, “abstained” — ___ votes.
Decision made/not made.
(If a decision is made) Resolved:
Determine the following address as the new location of the Production Cooperative “___________”: ________________________.
Make changes to the information about the address (location) of the Production Cooperative "___________" in the manner prescribed by law.
4. On the issue of dismissal of the Chairman of the Production Cooperative “___________” - _____________ (full name) they heard _________________ (full name).
Voting results:
“For” — ___ votes, “against” — ___ votes, “abstained” — ___ votes.
Decision made/not made.
(If a decision is made) Resolved:
Relieve the Chairman of the Production Cooperative _______________________ (full name, passport details, registration address) from office.
5. On the issue of appointment to the position of Chairman of the Production Cooperative “___________” - ________________ (full name) was heard by _________________ (full name).
Voting results:
“For” — ___ votes, “against” — ___ votes, “abstained” — ___ votes.
Decision made/not made.
(If a decision is made) Resolved:
Appoint ____________ (full name, passport details, address) to the position of Chairman of the Production Cooperative.
6. On the issue of transferring cases from the previous to the new Chairman of the Production Cooperative “___________” they heard _________________ (full name).
Voting results:
“For” — ___ votes, “against” — ___ votes, “abstained” — ___ votes.
Decision made/not made.
(If a decision is made) Resolved:
Transfer the affairs from the previous one to the new Chairman of the Production Cooperative “___________” according to the acceptance certificate within ____ (________) days from the date of this meeting.
7. On the issue of approving the seal design and appointing a person responsible for the production of the seal of the Production Cooperative “___________” they heard _________________ (full name).
Voting results:
“For” — ___ votes, “against” — ___ votes, “abstained” — ___ votes.
Decision made/not made.
(If a decision is made) Resolved:
Approve the sketch of the seal and appoint ___________________ (full name) responsible for the production of the seal of the Production Cooperative "___________".
8. On the issue of destroying the seal of the Production Cooperative “___________” they heard _________________ (full name).
Voting results:
“For” — ___ votes, “against” — ___ votes, “abstained” — ___ votes.
Decision made/not made.
(If a decision is made) Resolved:
Destroy the seal of the Production Cooperative “___________” within __________ from the moment the new seal is made.
9. On the issue of approving the new edition of the charter of the Production Cooperative “___________” - listened to _________________ (full name).
Voting results:
“For” — ___ votes, “against” — ___ votes, “abstained” — ___ votes.
Decision made/not made.
(If a decision is made) Resolved:
Approve the new edition of the charter of the Production Cooperative “___________”.
10. Instruct ___________________ (full name) appointed to the position of Chairman of the Production Cooperative to submit the appropriate documents for state registration of the new edition of the charter of the Production Cooperative "___________", as well as registration of changes in information about the manager, information about the Production Cooperative "___________" in the established legislation order.
Signatures of members: ______________/______________/ (Signature/Full Name) ______________/______________/ (Signature/Full Name) ______________/______________/ (Signature/Full Name) Chairman of the meeting: ________________/ ________________/ (signature) (full name) Secretary of the meeting: ___________________/_______________/ (signature) (full name) M.P.
Document structure
Conventionally, the protocol can be divided into 3 parts, each of which must be properly executed, and not violate the general requirements for documents imposed by the Civil and Tax Codes of the Russian Federation.
Heading
In order for the protocol not to be challenged in court, it must be drawn up correctly from the legal side. In the header section, the restriction relates to the spelling of the name of the cooperative. It must be complete, without abbreviations.
For example: Garage and construction cooperative "Aviator".
Also, the date and location of the meeting must be indicated in the heading. There are no special restrictions: the date is in free form, including day, month and year.
For example: 03/23/2017 or March 23, 2021.
The name of the locality is written in full; geographical abbreviations are allowed.
For example: the city of Kursk or the city of Kursk.
Content
This section is divided into two subsections:
- 2.1 Introductory part.
This section of the minutes describes the chairman and secretary, as well as the persons present. Their last names and initials are indicated.For example: Chairman: Ivanov P. A. Secretary: Petrov I. A. Present: Ostapenko M. S., Khmelevky O. V., Gunko V. A.
If more than 15 people are present at the meeting, then in the “Attended” column the number of people is indicated and a note that the list with surnames and initials is an appendix to the minutes.
For example: Present: 18 people.
- 2.2 Main part.
This part indicates the agenda, consisting of questions, reports and their listeners; decisions, questions and reports are indicated after the phrase “Agenda”. After the reports, the speaker is indicated.For example: Question: Amount of membership fees in 2021 Report: On reducing payments for electricity Report of the Chief Accountant Olgina O.V.
If a report is indicated on the agenda, then there must be an excerpt about its brief content after the subheading “Listen.”
For example: Listened to: Olgina O.V. reported on methods and devices that will reduce overpayments for electricity due to losses in public networks.
Decisions are written after the heading “Decided”. It indicates the decision on the issues presented and reports made at the meeting.
For example: We decided:
- Set the amount of membership fees in 2021 at 1027 rubles per month.
Allocate funds from contributions for the purchase and installation of automated electricity metering devices.
Decor
This part contains the signatures of the chairman of the meeting and the secretary of the meeting.
For example: Chairman signature Ivanov P. A. Secretary signature Petrov I. A.
Extract
An extract from the minutes of a meeting of the GSK board is a copy of part of the main document.
It must contain:
- The introductory part, which sets out the agenda of the document under consideration.
- Verbatim copying of paragraphs with direct reference to the issues to which they relate.
- Certification signature, which consists of the word “true”, the position of the compiler, the date of compilation, signature and transcript of the compiler’s signature.
Extracts are made to convey decisions to those absent at the meeting, as well as to simplify the cooperative management system: prompt clarification of issues, which is impossible when reading the full texts of the minutes.
Without the GSK protocol, it will be impossible to manage the cooperative, make legal decisions and improve the operating system. Each meeting of the founders must be enshrined in such a document and filed in the archives of the organization.
