Consumer cooperative: how to create, pros and cons

A little history

The first cooperatives in world history began to operate in Great Britain. They were created by various kinds of philanthropists who wanted, one way or another, to make the lives of workers easier. Participation in the cooperative gave them the opportunity to buy goods at a low price.

Trade and procurement cooperatives were common in the Soviet Union.

They solved several problems:

Purchase raw materials from the population;
Produce food products based on those goods purchased from the population;
Carrying out retail trade.

In the 90s, 30 million residents of our country were part of cooperatives.

Production and consumer cooperatives

Structures of this type currently provide citizens with various opportunities.

For example:

Start your own bissnes;
Conduct various types of business without licensing procedures;
Get a loan quickly and not at extortionate interest rates.

This is not a complete list; there are many other possibilities. We'll talk more about them a little later. Now let’s look at the concept itself and its essence.

This cooperative is a legal entity, and all its participants have personal shares. If a participant leaves the cooperative, he receives his contribution back.

The participants are ordinary citizens who are not required to formalize the status of an individual entrepreneur for this, and the main document is the Charter, which is approved by all members of the cooperative at a general meeting.

In this case, the authorized capital is not formed, and all the property of the cooperative is divided into shares of its participants.

All members of the organization have the right to leave the cooperative if they make such a decision. At the time of exit, the person must be paid the value of his share or given the property that corresponds to this share.

Now let’s talk a little more about consumer cooperatives.

Creation of a consumer cooperative

The process of creation and functioning of these associations, as well as all others, is regulated by the legislation of the Russian Federation. The legal regulator here is Federal legislation, special regulations, as well as the Civil Code of the Russian Federation.

The cooperative receives funds for its work in the form of contributions made by participants.

The founders of such a cooperative can be any citizen over 16 years of age. The founders must include at least 5 ordinary citizens or at least three legal entities.

Consumer cooperatives solve a number of the following problems:

Creation of various trade organizations for the purpose of providing material details to the participants of the society;
For procurement, production or any other activity;
To provide production and personal services to members of the consumer society.

Participants' rights:

Voluntarily join and leave a cooperative;
Be elected to the governing bodies of the cooperative;
Carry out activities that help achieve the goals set for the cooperative;
Receive payments due to participants;
Sell your goods or products through a consumer society;
Study in educational institutions of consumer cooperation;
In case of violation of your rights and interests, seek protection from the judicial authorities.

How to register a consumer cooperative

This process is practically no different from the registration procedure for other business entities.

In order to register, you need to collect the following package of documentation:

An application filled out by hand or typed on a computer;
A photocopy of the minutes of the founders' meeting;
The original charter - 2 copies;
Receipt confirming payment of the state duty;
Passport of each founder;
Constituent documentation of legal entities, if any are among the founders.

At the same time, we note that there is no need to register a cooperative with the Ministry of Justice. It is enough to submit all the documentation to the Federal Tax Service at the location of the cooperative. The decision on registration will be made within a week.

All documentation can be sent to the Federal Tax Service in different ways:

Via Russian Post by a valuable letter with an inventory of the contents;
Come to the Federal Tax Service department in person;
Through MFC;
By email.

You can provide all the papers personally or your representative by power of attorney, which is certified by a notary.

Reasons for refusal of registration.

In practice, there are several reasons why you may be denied registration of a cooperative.

We will look at the most common ones:

The application is completed with erasures, additions and corrections;
You have provided an incomplete address or it does not correspond to the actual address of the cooperative;
The name of the cooperative violates the requirements of the law;
When filling out the paperwork, you provided questionable or false information;
The set of documents does not contain the necessary papers.

Another reason for refusal is the presence of extraneous marks in the applicant’s passport.

The following case took place: the applicant submitted documents to register a cooperative. Moreover, on one of the pages of the passport there was a stamp stating that this person was registered in the territory of one of the republics of the North Caucasus. The recordings were made in two languages.

Registration of the cooperative was refused due to the fact that there should not be marks in a foreign language in the passport of a citizen of the Russian Federation.

If you are denied registration, correct all errors and resubmit the documentation.

Advantages of consumer cooperatives.

The advantages here are:

All participants have equal rights in terms of managing the cooperative. Each of them has one voice;
The number of participants is not limited;
Participants can exchange shares;
There is no need to register changes in the membership of the cooperative;
The shares of each member of the cooperative can be transferred to their heirs;
Members of the cooperative can purchase property with installment payments, and so on.

Instructions for opening a consumer cooperative

There are no special requirements for the members and founders of the CCP, except that people with a criminal record or under investigation cannot manage and regulate financial activities. If you are ready to complete all the documents yourself, step-by-step instructions on how to register a consumer cooperative will help you.

Definition of specialization. At the general meeting, the main direction of the cooperative's activities is determined. Consumer societies are allowed to support farmers, private entrepreneurs, and ordinary citizens. This is an important step, since the rules for CCPs of different orientations are different. Agricultural cooperatives are separated into an independent group and are subject to the law “On Agricultural Cooperation”. Everything else is regulated by the Law “On Credit Cooperation”.
General meeting of founders. The general meeting must be attended by less than 15 people or a representative of at least 5 legal entities. They must approve the charter of the cooperative, elect management, appoint a chief accountant and decide on the registration of the cooperative.
Preparation of a complete set of documents. The set includes the Charter, the Decision on opening, the Order on the appointment of a manager and chief accountant, as well as other documents, the list of which can be specified in.
State registration of the cooperative. It is necessary to write an official letter about the registration of a new PDA, have it certified by a notary and submit it to the registration center. A complete set of documents is submitted simultaneously with the letter.
Determination of the financial model of the CCP. At the general meeting, members of the company decide what the tariff policy of the CCP will be, set the percentage on deposits and loans, the maximum lending amounts, and the minimum size of the introductory share. The procedure for new members joining the cooperative, the rights and obligations of shareholders, and the responsibilities of management bodies are also determined.
Joining the SRO. Members of the cooperative themselves choose which self-regulatory organization they want to join. A list of existing SROs can be found on the Central Bank website. Agricultural cooperatives must first join an audit union.
Fundraising. After completing the registration procedures, membership fees and shares are collected. This money will be partially spent on administrative expenses and payment of state duties, the rest will form the capital of the CPC and the mutual assistance fund.
Creation of an Internet site. Each cooperative needs an official website on which information about its financial activities, news and announcements for cooperative members will be published.
Conclusion of an agreement with BKI. Each CPC must provide borrower data to one of the credit bureaus.
Registration on the Bank of Russia website. The cooperative must connect a personal account on the official website of the regulator and subsequently provide reports on its financial activities. Here the management will receive instructions and notifications from the Central Bank.

An error at one of the stages can lead to the fact that the process will have to start from the very beginning. The safest thing to do is to go through all the stages accompanied by an experienced specialist or order paperwork from our company.

What types of cooperatives are there?

In the modern world, the classification of cooperatives is extremely diverse. According to statistics, there are about 130 different types and subtypes of cooperatives.

We, of course, will not consider this entire volume, since it is simply impossible within the framework of one article. But let’s pay attention to the most famous species and then give a description.

So, first of all, all cooperatives are conventionally divided into consumer and production. There are differences between them, although the essence itself is the same.

Consumer cooperatives, in turn, are divided into:

Attendants;
Sales;
Processing;
Supply.

There is another group of cooperatives - mixed.

They are also called production-consumer. Moreover, this type is more common in the Russian Federation than others.

Producer cooperatives, in turn, are also divided into two broad groups. Moreover, the division looks rather banal: agricultural and non-agricultural.

Agricultural ones include:

Collective farms;
Fishing artels;
Cooperative farms.

By the way, collective farms are currently experiencing a revival. Everything that was destroyed and closed in the 90s is being restored, and in some regions of the country collective farms are already functioning successfully, for example, in the Novosibirsk and Oryol regions.

If everything is clear with the first group, then the second includes:

Country houses;
Housing and construction;
Housing and savings;
Garage;
Horticultural;
Credit.

In the next part of our article, we propose to discuss the classification of consumer cooperatives and become familiar with their characteristics.

The concept of a consumer cooperative, types and functions

The concept of this organization is given in Art. 123.2 Civil Code. A consumer cooperative is an association of citizens and (or) legal entities of a voluntary nature, realized as a result of their pooling of share property contributions.

This concept contains the main characteristics of an organization:

Uniting homogeneous interests. Consumer cooperatives serve as an opportunity to meet similar needs of members. An example would be an organization that unites garage owners. It is non-profit in nature, which makes it different from a production cooperative.
The property basis of the activity is the share contribution of each participant. Members of the organization jointly finance the implementation of common interests.
Unlike a production cooperative, its membership can include both citizens and legal entities.
Participants acquire a special legal status as members of a consumer cooperative.

Do you need help from a consumer cooperative lawyer?

Agricultural cooperative

As we have already mentioned, such cooperatives are becoming increasingly popular in the Russian Federation.

When we talk about this type of cooperative, we need to understand that we are talking about either agricultural producers or citizens who run private household plots. Such a structure is formed on the basis of voluntary membership, and is created so that activities can be carried out jointly.

In addition, agricultural cooperatives can be both consumer and production.

So, first, let's define the terminology. First of all, let's find out who can be a member of the cooperative and who they are.

Members of a cooperative are citizens or legal entities that meet the requirements specified in the charter documents and legislation. They are also required to make share contributions. If all this is fulfilled, then the members of the cooperative are given the right to vote.
An employee – in this case, is a person who works on the basis of an employment contract concluded with him.
A share contribution is the amount of money that each member of the cooperative contributes to the organization’s fund. In addition to finance, this could be a piece of land.
An agricultural producer is a citizen or legal entity that produces any product.

All members of the cooperative can be divided into 2 groups: ordinary and those receiving dividends. Moreover, the second category of participants may not be active.

Purposes of creation.

Such structures are created for specific purposes.

Most often they are:

Receive economic benefits;
Receive mutual assistance.

Everyone who is an official member of the cooperative receives a membership book, which records the dates and amounts of contributions you have made.

Agricultural consumer cooperative.

In this case, we are talking about a cooperative that belongs to an agricultural producer. Democratic principles are used in management, such as: cooperative members are provided with everything necessary to run their farms, management strives to increase the profit of each participant.

Agricultural production cooperative.

This is already a commercial organization. It is briefly referred to as SPK. Moreover, each member of such a cooperative is obliged to personally participate in its work, and all important decisions are recorded in the minutes.

Who runs the cooperative?

The supreme body is the general meeting of participants. Such a meeting makes all decisions that relate to the work of the cooperative.

The meeting has a very wide range of powers and can overturn decisions made by the board.

Without the participation of the general meeting, the management process is impossible. By the way, the general meeting makes a decision on the admission of members of the cooperative, as well as on their exclusion from the membership.

Features of agricultural consumer cooperatives

Agricultural cooperatives are created by individuals and legal entities engaged in various types of agricultural activities. A cooperative can solve one of the problems: mutual assistance to the members of the association or economic profit. However, unlike other types of cooperation, all participants must not only make contributions, but also participate in the agricultural activities of the association.

These cooperations can engage in the processing of agricultural products, their marketing, production, and processing. They can purchase and sell fertilizers, carry out construction and repairs. By law, at least half of the work or services a cooperative provides must be for community members.

To create an agricultural cooperative, you need at least 2 legal entities or 5 citizens. A non-manufacturer of agricultural goods can become a member, but such participants should be no more than 20%. The name of the organization must indicate its purpose and also include the words “agricultural consumer cooperative.”

Registration procedure

Agriculture has its own specifics, so the procedure for registering agricultural non-profit organizations is slightly different from the algorithm of actions when creating other types of cooperatives:

Information and consultation of all interested parties.
Creation of an initiative group and an organizing committee.
Feasibility study of the cooperative and development of the charter.
Constituent Assembly and drawing up its minutes.
Preparation and submission of documents for registration.
Obtaining a certificate, making a seal, opening a current account.

Agricultural cooperatives with fewer than 100 members can operate under a simplified taxation system. Since all members of the community are united by a common goal and are in equal conditions, with the help of a cooperative they can more successfully engage in livestock and crop production, develop the territory and sell goods.

The registration procedure for different types of consumer cooperatives is similar, but there are important differences. They affect not only the creation of the organization, but also its work: how many permanent participants there should be, how the cooperative can manage its finances.

Credit cooperative

Those who grew up during the Soviet era remember the existence of mutual aid funds. They were often created in enterprises to support workers. In such a cash register it was possible to obtain an interest-free loan, and the cash register was formed from contributions from the enterprise’s employees.

Currently, credit cooperatives operate similarly. Loans, of course, are issued at a certain interest rate, but the investor also receives his own income.

To put it simply, loans are provided to people who are members of the cooperative at the expense of shareholders.

Such an organization does not have the goal of making a profit. Those who need money are given loans, but if you are not a member of the cooperative, you cannot count on a loan.

Work principles:

Outsiders cannot manage the cooperative;
Each participant has the right to receive financial assistance;
All participants have the same rights, and it does not matter what contribution each of them made;
Responsibility for the work of the cooperative is the same for all its participants;
Joining and leaving a cooperative is a purely voluntary matter;
The cooperative must be a member of an SRO;
All activities are carried out on the basis of the Charter, which was approved earlier.

What are the benefits of creating such cooperatives? The fact is that these organizations have tax benefits and can engage in investment activities (to the extent permitted by law).

If you are a member of such a cooperative, then in order to get a loan, you do not need to worry about an ideal credit history; no one will look at it under a microscope.

You also don’t have to collect and bring salary certificates and other documents. In addition, if you plan to become an entrepreneur in the future, you can take out a loan and it will be your starting capital.

If we talk about attracting personal savings, then in a cooperative the rates are higher than in a banking organization, by 10 percent.

Main types of credit cooperatives.

There are actually a lot of credit cooperatives. We will tell you about the most famous types.

1. Agricultural type PDA.

Their specialization is lending to the agro-industrial sector.

Example. Several families farm. They decided to unite and registered a cooperative. Previously, farmers simply could not purchase expensive equipment, but by uniting, they were able to do this. The result is an increase in the income of each household.

Such cooperatives often enter into cooperation agreements with various banking institutions. The main partner is usually Rosselkhozbank.

2. Housing cooperative.

They are created to solve housing issues of cooperative members. But before joining such an association, first talk to lawyers, as there is a high risk of encountering scammers who will take not only your money, but also your existing housing.

What are the funds of the CCP formed from?

The cooperative receives funds from several sources:

From participant contributions;
From % for loans issued;
funds that are attracted from outside.

Pros and cons of PDAs.

As with any other activity, this one also has its positive and negative sides. Now let's talk about them.

Pros:

You can get a loan if for some reason you are refused by a banking organization;
The state practically does not interfere in the activities of the CCP, only exercises reasonable control;
Credit cooperatives invest in a specific business.

Minuses:

The state does not guarantee the safety of deposits;
Lending is more expensive than in a banking organization;
Deposits are subject to taxes;
You cannot get a loan in foreign currency.

PDA and fraud.

Credit cooperatives are now becoming increasingly popular, because of this, various financial pyramids can operate under such a guise.

To avoid getting caught in their web, follow a few simple tips:

Check the availability of PDAs in the register on the website of the Central Bank of the Russian Federation;
Check whether the CCP is a member of the SRO;
If the advertising campaign is too intrusive and aggressive, treat such a cooperative with caution;
Avoid co-ops that offer incentives for recruiting new members.

Dacha cooperative

Dacha consumer cooperatives are created by ordinary people. There should be no less than three participants in such a cooperative. A decision made by citizens is sufficient to create it.

The founding document of the cooperative is the Charter, which was adopted at a meeting of all participants. Those citizens who are already 16 years old and have a plot of land located within the boundaries of this cooperative can join a cooperative.

A dacha cooperative can engage in entrepreneurial activity if it corresponds to the purpose of its creation, and it is considered created from the moment it has passed state registration.

Cooperatives of this type can open accounts with banking organizations in the Russian Federation.

All members of the dacha cooperative can:

Act in court as plaintiffs and defendants;
Seek protection of your rights from the judiciary;
Conclude contracts of various types.

In order to reorganize or liquidate such a cooperative, it is necessary that a decision be made by the general meeting of all its participants.

Cooperative concept

The association of citizens and (or) entire business entities occurs quite often in different forms, which primarily depend on the status of each participant and the conditions of entry. If such consolidation occurs on the principles of voluntary membership and pooling of property shares in order to conduct joint production activities and serve the members themselves on a preferential basis, then we are talking about a cooperative (Chapter 4 of the Civil Code of the Russian Federation). Such an association is itself a legal entity and is found in most countries of the world; some of them have restrictions on the number of participants.

Thus, in Germany it is required that 7 or more people have membership, in the Russian Federation the minimum for a production cooperative is 5 people, in Ukraine, its own limits are set for each industry and type of activity. In general, the generally accepted practice of creating cooperatives is based on the fact that the key goal of such legal entities is not making a profit, but promoting the needs of members financially, economically and organizationally.

In view of the fact that a cooperative is an economic entity, the signs of an enterprise are not alien to it:

The balance is personal;
Bank accounts;
A print that contains the name of the structure;
Executive bodies;
The charter, which is the legal basis for the legal functioning and implementation of activities.

The activities of cooperatives can be very different; in view of this, there is a gradation of them into different types, the individual characteristics of which will be discussed below. But there are also a number of common features and characteristics. These include:

Personal membership of participants;
Understanding the economic task and purpose;
Focus on mutual assistance;
Freedom to join and leave an association;
Consolidation is carried out on a business basis;
Economic activity is integrated equally with social activity;
No restrictions on the maximum number of shareholders in the cooperative;
Joint ownership of the property of the subject, since it appears as a result of the payment of entrance fees, membership fees, etc.;
Democracy - members of the cooperative are directly involved in the management of the association.

On the territory of the Russian Federation, only citizens and legal entities of the country have the right to establish a cooperative. Individuals and legal entities are accepted as members, while industrial members are limited to citizens aged 16 years and older (

"On production cooperatives"

"On consumer cooperation"). A condition has also been established for participation in its activities, with the exception of associated members.

Each member is required to pay an entry fee. This amount is not refundable, but goes towards the formation of the material base of the association. Additional shares are subject to payment either according to an established schedule (these are the so-called membership shares, which are directly provided for in the charter and the frequency of their payment is usually fixed there), or are contributed on a voluntary basis. They may return under certain conditions.

The authorized capital of the cooperative is formed precisely from all the above types of contributions - shares (

"On production cooperatives"

"On consumer cooperation"). The size of the share may be the same for all participants or be proportional to the size of the planned participation in the activities of such a subject.

During its operation, the cooperative receives profit, which belongs to the shareholders and is distributed by voting at the general meeting for the needs of the association itself (

"On production cooperatives"

"On consumer cooperation"). All executive and administrative bodies are also formed from among the members of the cooperative at the general meeting.

If the activity brings losses, then they are also common. The cooperative bears responsibility for its obligations with all its property. The liability of each member, unless otherwise stated in the charter, is limited to the amount of the share contribution. The cooperative is not responsible for the obligations of its members.

Horticultural cooperative

Usually organized to ensure that citizens’ rights to own and dispose of garden plots of land are realized. Three people can create such a cooperative, and the main document will be the Charter.

Cooperative members are obliged to:

Do not harm the environment;
Use the plot of land for its intended purpose;
Make contributions and pay taxes on time;
Within three years, develop a plot of land.

If such a cooperative is liquidated, its former participants do not lose rights to plots and other real estate.

It is possible to reorganize a gardening cooperative if such a decision is made by the general meeting of its participants.

Garage cooperative

Garage cooperatives are a common phenomenon these days. Moreover, this is not just an association of several people, but a legal entity. Therefore, let us define not just the concept, but also the functions of such cooperatives.

How to register a garage cooperative.

If you are a resident of a big city and at the same time the owner of a car, then the problem of parking spaces is very relevant for you.

Of course, you can park your car in the courtyard of your house, but this is fraught with conflicts with other residents. To avoid this, you should consider creating a garage cooperative.

This is a non-profit organization, generating income will not be your main goal. The procedure itself has a number of features, so we’ll talk about them now.

An initiative group needs to be organized from car owners. This group, in turn, develops the Charter of this cooperative.

Without a Charter, an organization will not be able to conduct its activities legally. Be sure to include sources of financing in the Charter and describe the process of forming a cooperative.

Before registering, open a checking account and accounts for each member of the cooperative at a banking institution so that they can receive contributions.

Then develop a lease agreement for the land on which the cooperative is located.

I would like to note that it is better to entrust the design and development of all documentation to specialists.

Documentation package for registration.

Receipt confirming payment of the state duty;
Statement;
Minutes of the general meeting.

You will have to collect a large amount of documentation, so choose a chairman of the cooperative who can handle the preparation of documents and deal with tax and legal intricacies.

To privatize a plot under garages, you will also have to collect a lot of documents:

Passport for the land plot;
A copy of the document confirming the right to use the site;
Unified State Register certificate;
Extract from the Unified State Register.

In the process of creating a cooperative, you need to understand that each member of the cooperative is responsible for the cleanliness and fire safety of the designated area. If violations are discovered, you will be held accountable.

In addition, legislation is constantly changing, so keep track of the latest information.

Creation of a cooperative

To create a cooperative, you need to form a committee. This body prepares:

Justification of the project and activities of the cooperative.
The size of a mutual fund and ways of its formation.
Development of a draft charter.
Organizing the acceptance of applications to join the association.
Approval of the charter.
Election of the chairman and board.
Formation of the supervisory board.

All these actions are preparation for the creation of an agricultural cooperative.

Housing cooperative

The legislation in force in the Russian Federation gives this organization the following definition: it is a type of consumer cooperative that is created in order to provide its participants with housing, which is built at their expense.

The activities of the cooperative housing complex of the Russian Federation are regulated. Not only ordinary citizens, but also legal entities can join the organization. To create such a cooperative, you need at least 50 participants.

Types of housing cooperative:

Housing and savings;
Housing and construction;
Housing.

Each type has its own characteristics, but LCD and ZhSK are similar to each other. The difference between them is that the participants of the housing complex conduct activities in relation to a house that has already been built, and the participants of the housing cooperative themselves initiate and organize the process of building a house.

As for the housing estate, he usually does not have a specific house in mind. His task is to use the money accumulated from share contributions to buy housing in different properties.

Pros and cons of housing cooperatives.

Pros:

The opportunity to become the owner of your own home, and cheaper than with a mortgage loan;
It’s easy to join a cooperative: a passport and work permit are enough;
There is no need to confirm your solvency.

Minuses:

It is necessary to make significant amounts of contributions;
If you cannot make contributions, you will lose your property;
If you lose your solvency, no one will reimburse you for the money already paid.

How to register a residential complex.

To do this, you need to contact the Federal Tax Service and provide a package of documentation:

Application signed by each participant;
Protocol with the decision to create;
Charter;
Receipt of payment of the registration fee.

A cooperative is created from the moment the necessary entry is made in the Unified State Register.

To join a cooperative, you need to write an application addressed to the chairman. Within a month, the general meeting of participants will decide whether to accept a new participant.

Management in a consumer cooperative

The Law on Consumer Cooperation provides for 3 levels of management in a consumer society.

The General Meeting of Participants is the highest body that has the right to make any decisions, incl. repealing acts of executive bodies. During his activities, a protocol is kept.

In the case of a large number of members or activities over a large territory, it is permissible to hold a meeting of authorized representatives (delegates). This body does not have the right to make decisions on the creation of unions, joining them, as well as on reorganization.

The Consumer Society Council is an intermediate body designed to represent the interests of shareholders on an ongoing basis. He is appointed based on the decision of the general meeting. The chairman of the board, also appointed by the general meeting of shareholders, acts on behalf of the organization without a power of attorney.

The board of the consumer society serves as the executive body carrying out the economic activities of the organization. It is formed by the council. The Chairman of the Board is appointed in the same manner. He, like the chairman of the board, acts on behalf of the consumer cooperative without a power of attorney.

The charter must contain the powers of each body, taking into account their exclusive competence.

An audit body is created in the organization to monitor the quality of management in it.

Reorganization of consumer cooperatives

The decision on reorganization is made by the general meeting of members of the cooperative.

The Board, in writing, sends each participant a notice, to which is attached:

Justification of the need for reorganization;
Draft decision on reorganization.

In some cases, reorganization is carried out based on a decision of the judicial authorities.

During the reorganization process, the Charter is necessarily adjusted.

During the reorganization, the rights and obligations of the cooperative will transfer to the legal entity that will be created.

If the cooperative members believe that the terms of the reorganization are unacceptable to them, they can leave the cooperative and demand payment of their shares.

The cooperative will be considered reorganized at the moment when the state registration of newly created legal entities occurs.

Charter

The charter is the founding document of the cooperative. Article 11 of Federal Law No. 193 lists the information that must be contained in the paper:

Name of the institution.
Subject, timing and goals of the activity.
Amount of shares.
Conditions for the formation of indivisible contributions.
Conditions of subsidiary liability.
Composition of the management body.
Rights and obligations of participants.
Conditions of liquidation.

The charter may be amended. However, this requires a corresponding decision of the general meeting.

How to liquidate a cooperative

It can be eliminated in several cases:

If the general meeting of participants decides so;
By court decision, if the cooperative has grossly violated the law;
If the structure is declared bankrupt.

If the decision is made by the general meeting of members of the cooperative, then 2 protocols are created:

A protocol that records the decision on liquidation itself;
Protocol on the creation of a liquidation commission.

Within three days after the meeting is held, members of the liquidation commission must notify the Federal Tax Service of the liquidation of the cooperative. Notification must be made in writing.

In the liquidation procedure you will need:

Constituent documentation;
OGRN certificate;
Extract from the Unified State Register of Legal Entities;
Photocopies of passports of each member of the liquidation commission.

Procedure algorithm:

A decision on liquidation is made and recorded;
A package of documentation and an application for liquidation are submitted to the Federal Tax Service;
An entry is made in the Unified State Register of Legal Entities stating that the cooperative is in the process of liquidation;
A notice of the liquidation of the cooperative is published in the State Registration Bulletin.
Federal Tax Service specialists come and check the liquidation balance;
The balance is approved, the cooperative is liquidated.

After completion of the liquidation process, the remaining property is distributed among the participants in accordance with how it was stated in the constituent documents.

Documents required for registration of a cooperative

The following documents are required for registration:

Application form P 11001.

Citizens may be applicants:

The head of the executive body of a legal entity or a person who has the right to represent the interests of the organization without a power of attorney;
Founders;
The head of a legal entity that is the founder of another organization;
Another person vested with powers provided for by law or acts of government agencies.

A copy of the passport and a certificate with the applicant’s TIN.
The decision to create in the form of a protocol or agreement. It contains information about the establishment of the organization, the adoption of the Charter, voting results, the work procedure of the founders, and other information established by law.
Two copies of the Charter. The requirements for the document are given in paragraph 2 of Art. 123.2 of the Civil Code of the Russian Federation. The charter must contain information about the name and address of the cooperative, the goals of the work, the size of shares and the procedure for their contribution, the responsibility of members for failure to fulfill obligations, the mechanism for covering losses, etc. The name of the organization must include a reference to the goals of the work and the word “cooperative.”
Papers confirming the location of the organization.
Documents for property containing information about its value.
Receipt for payment of state duty. Its size is 4,000 rubles (clause 1 of Article 333.33 of the Tax Code of the Russian Federation).

If the founder is a foreign organization, then an extract from the register of foreign legal entities of the relevant country or other confirmation of the founder’s status is required.