Garage cooperatives must know and comply with the Law


Liquidation of a cooperative means termination of the association's activities, while rights and obligations are not transferred to other persons. The basis for this procedure may be a decision of a meeting of authorized members, a court decision in cases of violations of legislation or licensing, in a situation of bankruptcy and other situations provided for by law.

Agricultural, industrial, garage, housing and construction cooperatives have specific features in carrying out the reorganization procedure specified in the relevant federal laws of the Russian Federation.

Closure due to insolvency

Closing a garage cooperative is a legal process that consists of several stages. And it is very important for all prospective participants to remember that the implementation of each of these stages should be given close attention.

In the event that any of the stages (stages) is missed or carried out not according to the rules, in violation of legal norms, and so on, then the process will have to start completely over again. And this, in turn, ends with not the most pleasant consequences - the loss of not only time, but also personal finances.

How does the closure of a garage cooperative proceed?

The cooperative liquidation scheme updated in 2019 includes the following stages:

  1. Notification to the registration authority that the process has begun.
  2. At the general meeting of participants, the composition of the liquidation commission or the liquidators themselves, who will be responsible for all subsequent activities in the process, is discussed. The minutes of this meeting must contain information about the commission itself, as well as its right to control the affairs of the community and present the cooperative at court hearings.
  3. Next, the print organization, which is responsible for publishing information on state registration of legal entities, publishes information about the upcoming closure of the garage cooperative. The publication clearly states the deadlines, as well as the rules for accepting all claims for debts and payments. The minimum period is sixty days after the announcement.
  4. After collecting information about monetary obligations, collection of receivables, if any, is carried out. Financially interested people and enterprises are notified in writing.
  5. An interim (preliminary) balance sheet is drawn up, which lists exactly what kind of property the association has. A list of financial responsibilities and the results of consideration of creditor claims are added.
  6. The preliminary balance is officially approved at a general meeting by the members of the cooperative or the authorized body that made the decision on bankruptcy. Additionally, consent must be obtained from the audit community.
  7. Participants of the association are obliged to repay all debts on mandatory contributions, if any, within a predetermined period.
  8. If the finances that the association has are not enough to fully pay off all creditors, the existing property is put up for a specially organized auction.
  9. If the cooperative does not have enough funds (financial or property) to fully repay all existing debts, the participants are required to contribute auxiliary funds. Their amount is determined in advance by the charter.
  10. During the process of declaring insolvency and the subsequent closure of a garage cooperative, it is impossible to increase the limits of subsidiary liability and increase the amount of mandatory contribution by share.

Liquidation of GSK: grounds, stages and formation of a commission

At the end of the period for submitting claims by creditors, the liquidation commission (liquidator) draws up an interim liquidation balance sheet, which contains information about the composition of the property of the liquidated cooperative, a list of claims presented by creditors, as well as information about the results of their consideration.

The interim liquidation balance sheet is approved by the general meeting of members of the cooperative or the body that made the decision to liquidate the cooperative, in agreement with the audit union.

If the land plot required to service the property (garage) has not been formed, then the local government body, based on the application, within a month from the date of receipt of the application, approves and issues a layout diagram of the land plot on the cadastral plan or cadastral map of the relevant territory.

The Real Estate Department of the Ministry of Economic Development of Russia, in addition to the previously sent letter on the issue of registration of rights to a land plot, reports within its competence. So the contributions go only into the pocket of the chairman. dojd77 10 - 04/19/2015 - 07:40 7-almost blonde thanks for the advice valto 11 - 04/19/2015 - 09:27 0-dojd77 Question, have you registered your ownership of the box in the Registration Chamber and do you have a certificate issued there? Or is there nothing of this, just a paid share?

Legal documentation of a garage cooperative

Currently, a legal document has not yet been approved in the Russian Federation that could control the most important nuances of the working activities of a garage cooperative. Additionally, this also applies to issues of bankruptcy of this organization.

In legal practice, which has developed over the years, when making claims for the closure of an association, the provisions clearly spelled out in Federal Law No. 215 “On Housing Cooperatives” are taken into account.

The reason can be attributed to the general opinion of many legal professionals who are convinced that such associations, although different from each other, have the same roots. For example:

  • They are based on the working activity of the united people.
  • They open and operate entirely on a voluntary basis.
  • And their property is divided between the participants into special shares - shares. These are temporary assets that are necessary for the business and belong to the members of the cooperative.

Do not forget that the format for liquidating a cooperative is specified in the Civil Code of the Russian Federation. Particular importance in this matter is attached to Art. 61. It is there that it is stated that a cooperative (including a garage cooperative) has the right to terminate its work activities, based on any of the following reasons:

  1. A generally accepted and completely voluntary decision of the participants in a general council.
  2. A solution that was proposed after a case was considered in court.

Regardless of the reason, in any of these cases the work activity of the garage association is terminated. All its rights and obligations cannot be transferred to any other person - legal or natural.

Based on the domestic Civil Code, such closure is the legal essence of the process of declaring insolvency and completing work.

Peculiarities

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Liquidation of a cooperative occurs in the manner prescribed by law. The basis for terminating the activities of cooperatives is the decision of the general meeting, including the expiration of the period established for the organization’s activities or the achievement of its goal.

To liquidate a cooperative by court decision, one of the following conditions must be present:

  • in case of identification of irreparable violations of the law;
  • in the absence of the license (permit) required for its operation;
  • the cooperative carried out activities prohibited by law;
  • declaring the organization bankrupt.

After repayment of loan obligations, the remaining property is subject to distribution among its participants on the terms specified in the Charter or by agreement.

The procedure for liquidating this type of association has its own nuances:

Indivisible fundIn the charter of production cooperatives, a certain part of the property may be secured in the form of an indivisible fund, used at the discretion of the cooperative and not included in the shares. The property that is represented by an indivisible fund belongs to the joint property of the association. The amounts available in the account of this fund are subject to distribution, or may previously be included in the mutual fund.
Payment and settlement procedureA cooperative member may, on his own initiative, withdraw from membership by notifying the chairman of the organization 2 weeks . To expel a member of the cooperative, a decision of the general meeting and overdue contributions on shares, as well as improper performance of the member’s duties will be required. The charter may reflect other reasons for exclusion.
Upon expulsion from members of the cooperativeThe participant is paid according to the value of the share or is given property for the same amount. The Law “On Production Cooperatives” provides for the possibility of liquidating a cooperative if there is an outstanding debt of a former member. The issue of debt settlement during liquidation can be resolved in court by transferring the debt from the legal entity. faces on the members of the association.
Liquidation of a credit consumer cooperativeIt is carried out taking into account the specific nature of its activity. Since the main function of the organization (financial mutual assistance of shareholders) is not subject to licensing, the reason for the liquidation of such an association may be the conduct of unlicensed activities in auxiliary areas of the cooperative.

Who should decide to liquidate a garage cooperative?

Despite the fact that there is no specific law that would control the stages of bankruptcy of a garage cooperative, this process is still endowed with some unique features. They determine the process of activity of the association, and also explain certain provisions of Article 62 of the Civil Code of Russia.

It mentions that in the event of a completely voluntary decision on bankruptcy and closure of a company, those who are authorized to make such a decision are, first of all, the direct founders of the legal entity. In the case of a garage cooperative, this right will rest with all members of the association.

In other words, for the decision to close to be completely legal, members of the garage association are required to organize a general meeting. All participants without exception are required to attend.

This decision-making option is required in order to ensure the involvement of all members of the cooperative in making such serious decisions. This option, among other things, can serve as a protective measure for the legitimate interests of each of the participants.

In other details, the liquidation of a garage cooperative is very similar to the declaration of insolvency of other legal entities. One of the related tasks of the authorized body (that is, members of the association) is the appointment of a special commission.

It is she who, on the basis of the domestic Civil Code, is appointed as the main actor who manages all the required activities related to the completion of the work activity of this legal entity.

If the slightest signs of insolvency appear, the management of the debtor cooperative is obliged to:

  • Send a request to the audit union with a request to conduct an economic audit.
  • Create and present at the general meeting a strategy aimed at preventing insolvency.

All members of the cooperative must be familiarized with the results of the audit at the general meeting. Based on these results, it is necessary to draw up a strategy that would help protect the interests of all members of the association.

What are the responsibilities of the chairman of the GSK

The chairman of the garage cooperative undertakes:

  1. Manage the regular activities of the society honestly.
  2. Solve money issues.
  3. On behalf of the organization, interact with all other legal entities.
  4. Organize meetings of participants if necessary.
  5. Maintain labor discipline.
  6. Protect the organization's property and use it exclusively for its intended purpose.
  7. Maintain accounting and tax records in the association.
  8. Upon receipt of a request, provide relevant information to all members of the cooperative, including reporting documentation.

Creation of the GSK liquidation commission

The participants of the organization are responsible not only for the decision on its bankruptcy, but also for the creation of a liquidation commission. During the general meeting, not only the decision on bankruptcy is made and the composition of the liquidation commission is determined. Among other things, its chairman is appointed. He is the main person who will monitor the performance of the duties of the commission members.

One of the main tasks to be performed by this commission is drawing up a liquidation balance sheet. Essentially, this is a summary amount of information that can indicate the availability of available resources on the balance sheet. That is, those that can be used to pay off debts, if any.

For example, at the general council it was unanimously decided to close the cooperative. At the same time, information may appear that this organization has some debts. For utilities and so on. This means that all funds that are recorded in the liquidation balance sheet will be spent on paying off existing debts.

Participants of the association who were officially included in the liquidation commission, along with the chairman, must remember that the process of drawing up the above-mentioned balance sheet occurs in two stages:

  • At the first stage, a preliminary balance is formed, the information of which will indicate the insolvency of GSK. This document will contain the volume and state of resources at the time of the decision to close the cooperative. In other words, the document will reflect all the information about the “state of the treasury” at the time the organization is declared insolvent.
  • Next, the commission is obliged to determine what debts GSK has. This is required to pay off all debts, since fulfilling creditor claims is one of the main requirements. And if it is not fulfilled, then the cooperative will not be officially closed.

If the bankruptcy process does begin, it is very important to calculate the amount of debts and establish the order of their payments. Responsibility for settlements of debt obligations lies directly with the commission and its chairman.

Drawing up the final version of the liquidation balance sheet of GSK

When, in the end, all the required settlements with creditors to whom the cooperative had unpaid debts have officially ended, the composition of the liquidation commission needs to move on to the next stage of its work - this is the preparation of the final version of the liquidation balance sheet.

It is important to mention that the final version of the document will differ from the original (preliminary) one. And first of all, due to the fact that it will reflect all payments made to suppliers of various services, contractors and other parties with whom the bankrupt organization previously cooperated.

Thus, we can say that the completed form of the liquidation balance sheet includes data on those finances and material property that still remains in the accounts of the bankrupt GSK after it has honestly paid off all existing debts.

If, after completing settlements with creditors, there is still any money or tangible property on the balance sheet of a garage association, in respect of which a bankruptcy case is still open, all this is legally distributed to a certain established extent among the participants of the garage cooperative.

When making this distribution, it is very important to remember that, within the framework of established practice in Russia, the size of shares that will be awarded to participants is formed in absolute proportion to their shares in the cooperative capital. This means that the volumes of material and financial property that will be received by members of the organization after completing their work activities are uneven.

Differences in procedures between entities

Building
  • The liquidation of a garage-building cooperative includes several stages, carried out in strict accordance with the Civil Code of the Russian Federation and the provisions of Federal Law No. 215-FZ of December 30, 2004. due to the similar nature of GSKs and savings cooperatives.
  • The chairman and members of the liquidation commission are elected at the general meeting of the association. If, upon termination of activity, the association has an outstanding debt, tangible assets recorded in the liquidation balance sheet of the organization are used to satisfy financial claims.
  • A special feature of the procedure in relation to a housing construction cooperative is the possibility established in the Housing Code of the Russian Federation to transform the association into a homeowners' association or its subsequent liquidation upon issuance of a court order.
IndustrialThe liquidation of a production cooperative is carried out in accordance with the regulations approved by the Federal Law “On Production Cooperatives”.

Creation and charter of a garage cooperative

In order to understand in more detail the issue of bankruptcy of such a management form as a garage cooperative (usually a garage-construction cooperative), it is important to understand what this organization is and what its features are.

First of all, it is worth noting that this community is required to have its own charter. A sample of this regulatory paper is freely available. What kind of charter is this, and what information should it include?

First of all, all general information about this institution is entered there - its official name, legal address of location. In addition, it is known that the GSK (garage and construction cooperative) is an official legal entity that has a balance sheet, a bank account, has its own seal, letterhead and other details of the same kind.

Next, it is worth mentioning all the issues that affect the financial position of this institution. For example, the sources of funds with which the company was created are specified.

You can also provide information that certain funds will be built on the basis of this institution. If there are any in the plans, a brief description of them must be provided.

Additionally, the charter must describe the amount of entrance fees to the GSK, the procedure and timing of their transfer, as well as the level of responsibility for late payment or non-payment of the mandatory contribution.

Completion of liquidation - preparation of the closing balance sheet

I'm sure they know, but not everyone does. Then, let's remember a little about lawmaking in Russia, and about the activities of the State Duma of the Russian Federation, whose responsibility is to adopt the laws necessary for the state and its people. How the Russian State Duma copes with such activities is for the people to judge. He will make his choice in 2021. In the meantime, let’s get back to lawmaking.

Real estate can be forcibly sold only if there is a court decision. Even without membership in a cooperative, a citizen can own a box as a building. Deprivation of the right to own a garage in the GSK is possible if the owner treats the property ownerlessly: the property is destroyed, the rights of other citizens are violated.

Banks set requirements for total monthly income (usually at least 15 thousand rubles). There may be requirements for a minimum total work experience or length of service at the last place of work (respectively, no less than three/one year). For collateral The purchased car must be transferred to the bank.

Real estate can be forcibly sold only if there is a court decision. Even without membership in a cooperative, a citizen can own a box as a building. Deprivation of the right to own a garage in the GSK is possible if the owner treats the property ownerlessly: the property is destroyed, the rights of other citizens are violated.

Banks set requirements for total monthly income (usually at least 15 thousand rubles). There may be requirements for a minimum total work experience or length of service at the last place of work (respectively, no less than three/one year). For collateral The purchased car must be transferred to the bank.

GSK is a garage-building cooperative. They were created in abundance at a time when purchasing a garage was a mandatory addition to purchasing a car. However, this has now lost its relevance. Cooperatives are becoming unnecessary. They are a legal entity that needs to be properly abolished.

How can a participant leave the cooperative?

The bankruptcy of the organization can perhaps be called the main reason why a GSK participant may want to sever these business relationships and leave the cooperative. Of course, the reasons may be different, but in any case the question always arises of how to do everything right. It is worth considering this topic in more detail, because there are plenty of pitfalls here.

What could be the goals and reasons for leaving?

We have already said that insolvency is the main reason for leaving the association. But, among other things, it could be:

  • Poor relations between the participant and management, the presence of numerous conflicts.
  • Loss of confidence in the chairman.
  • Loss of a car for any reason and, as a result, simply loss of the need to maintain a garage box.

Meanwhile, it is also possible that a participant wants to sever relations with the cooperative but, at the same time, does not want to lose the garage box from his property.

Voluntary withdrawal from GSK

The first thing to note is that when leaving a garage cooperative on a voluntary basis, you should take a lot of precautions. To begin with, the management, often, having learned about the participant’s intention to “break up”, begins to threaten with the demolition of the car pit.

At the same time, even if such serious measures are not taken by the head of the company, and in principle there are no threats, you need to leave the GSK with great caution so as not to lose your legal property.

It is important to mention that cooperative leaders often act very cunningly. The land plots on which the boxes are located are not the private property of garage owners. They are leased, which, in most cases, allows managers to keep the situation under control.

If you want to leave this company voluntarily, first of all, a reasonable step would be to study as carefully as possible the main regulatory document in accordance with which all procedures in the organization must be carried out. This is a local bylaw.

The stage of paying the membership fee is also an important point. To keep all monetary costs to a minimum, before leaving the cooperative, you must honestly pay all contributions. Then it is imperative to register the garage premises as private property and only then, when you have all the necessary documents in hand, talk to management about leaving and take some serious action.

To leave a garage association voluntarily, you must:

  1. Submit an application for voluntary withdrawal from the cooperative. Sample applications can be found freely available on the relevant websites.
  2. It is mandatory to take part in the general meeting of participants, where the issue of ending membership should be considered. It is mandatory to receive the original or a certified copy of the minutes of the meeting.
  3. Go to the accountant of the garage association and get a statement about the absence of debts. If there are debts, they must be paid off.
  4. Hand in your membership book.
  5. Contact local authorities to formalize the demarcation of the land plot and take it into personal ownership. If there is such a need.

After completing all the formalities and receiving all the required documents, the participant must enter into his own agreement with the community’s maintenance staff, cleaners, security guards, etc.

Forced exclusion from a garage cooperative

On the other hand, the garage cooperative itself has the right to deprive a participant of membership, and even sue him, if necessary. In this case, the participant will have to leave the cooperative not of his own free will (even if there is one), but officially by decision of the management of the cooperative.

The reasons may vary. For example, this is complete indifference to the state of society, ignoring meetings at which the presence of each member of the cooperative is required as a standard. But most often, of course, the reason for exclusion lies in large arrears in membership fees.

The chapter must inform the owner of the garage box of the intention to revoke his membership privileges, and then personally deliver a written notice against signature. Or send by registered mail with acknowledgment of receipt.

At the next meeting, at the request of the cooperative, the issue of expelling the defaulter from the GSK is put on the agenda. The debtor under threat of expulsion must also attend this meeting. Thus, the question of membership is decided by universal voting, the results of which are necessarily recorded in the protocol.

If a decision is made to exclude a participant, he is provided with an extract from the protocol or a certified copy. Expulsion from the organization does not mean writing off debts - the former participant will have to pay off all outstanding payments. And it would be better to do it voluntarily. After all, if the chairman brings the case to court, in this case all costs of the trial, including state fees, will also have to be paid by the former participant.

Completion of GSK membership if the garage is personally owned

If the garage box is already the personal property of the owner who wants to leave the GSK, there is nothing complicated in the situation. The garage owner can terminate his membership in the community by simply transferring ownership to a third party. Simply put, boxing can be sold and even given away.

In this case, the owner needs to draw up a statement that he wants to leave the cooperative. Then send the document to the chairman of the organization. At the same time, the new owner must submit an application for entry. In essence, we can say that the owner of the box is being replaced. However, it is important to mention that even this issue must be resolved at a general meeting of participants - statements must be agreed upon.

How to correctly draft a petition to leave a cooperative

An application (petition) is in any case necessary if you plan to terminate your membership. So, how to draw up a document correctly?

First of all, the application must be addressed directly to the chairman of the cooperative or the Board. The recipient's name is indicated in the “header” of the document - in the upper right corner of the sheet. Next, it must be indicated who exactly the application is coming from - the applicant’s full name, address and passport, as well as contact information.

The form of compilation is free. There are no special norms or samples for the text of the application itself. You just need to write down the very essence of the petition.

Here is an example of a statement regarding the transfer of property:

“I, (full name), ask to be excluded from the list of participants in the GSK (Name) due to the fact that the property share in my possession in the form of a garage box (number such and such) has been transferred/sold (in this case, the date of execution of the agreement on purchase and sale) to a citizen (full name).”

The date of compilation and signature of the applicant are indicated below as standard.

What risks might there be if GSK goes bankrupt?

Unfortunately, threats to demolish the garage box cannot be taken lightly. And that's why.

Article 622 of the Russian Civil Code describes the information that after the end of the lease, the land plot must be returned to the tenant in its original condition. And in most cases, this condition means the complete absence of any buildings on the site. Therefore, there is no need to stir up conflicts with the leadership of the association.

But the risks may lie in more than just that.

There is also a risk of pressure from management and non-payment of share contributions for all sorts of reasons. The share, of course, cannot fail to be paid, but the deadlines will most likely be seriously delayed.

All documents related to this organization, especially those related to payments, must be kept in a separate folder or file. Any of these documents may be required at any time. Even the one that at first glance was completely unimportant.

Why you should think twice about leaving GSK

It's really worth thinking twice before you begin the process of terminating your co-op membership.

Yes, no one wants to pay for services to maintain this society, but the car owner cannot do without them. This is not only the absence of garbage and the regular availability of water and electricity, but also the protection of the territory and, accordingly, the complete absence of headaches regarding the safety of the car. But all this costs money.

And if you leave the cooperative, you will have to draw up all contracts for the provision of utility and security services and deal with other nuances yourself. And no one can guarantee that in this case the prices for these services will be significantly lower.

Conclusions about care

Leaving a co-op is a really important step. Therefore, before undertaking any serious activity in this regard, all the advantages and disadvantages should be seriously weighed.

It is far from a fact that drawing up all the documents yourself will cost less, and the unfolding of a conflict with the board of the company may even result in the loss of boxing.

Reorganization

Measures for merger, accession, division, separation and transformation of an organization relate to the reorganization procedure.

The reorganization of the cooperative is carried out in accordance with the provisions of Russian legislation:

  • The board of the cooperative notifies all its participants in writing about the procedure and timing of the upcoming procedure, and also notifies about the appointment of a general meeting.
  • The letter is supplemented with documents: a rationale for the purpose of the upcoming reorganization and a draft decision indicating the new organizational and legal form of the association, its data, the size of shares, the nominal value of the shares and the conclusion of the audit union on this issue.
  • In some cases, division or separation of new legal entities from the association is carried out on the basis of a court decision.
  • To carry out the reorganization, it is necessary to make changes to the charter of the cooperative that correspond to the given case.
  • The procedure involves the transfer of the rights and obligations of the cooperative to its legal successors. The transfer deed and the separation balance sheet indicate provisions for the transfer of rights and obligations in relations with debtors and loan obligations.
  • After approval at the general meeting, the above documents are transferred to the registration authority along with the constituent documents.
  • If it is impossible to determine a legal successor at this stage, joint liability arises for the newly emerged legal entities. persons under the payment obligations of the reorganized association.
  • Newly formed cooperatives include members of the reorganized association.
  • When reorganizing production cooperatives, the possibility of transformation into partnership farms or business societies is provided. The basis for this is the fulfillment of the following conditions:
  • unanimous decision-making by members of the cooperative and associate members with voting rights;
  • the presence at the general meeting of a representative of the audit union, announcing the conclusion on the possibility of transforming the organization and monitoring compliance with legal norms.
Agricultural
  • The activities of agricultural cooperatives are regulated by the Civil Code of the Russian Federation and the Federal Law “On Agricultural Cooperation”.
  • The liquidation balance sheet approved at the general meeting is agreed upon by the audit union. The consequences of the liquidation of agricultural cooperatives include the transfer of socially significant objects to the self-government body as local infrastructure facilities.
  • The assets and property remaining after the payment obligations are repaid are subject to distribution among the participants of the association.
  • Among the first-priority calculations is the payment of share contributions, then the amounts of additional contributions and the cost of additional contributions on shares are paid. The balance of funds and property are distributed in proportion to the shares, or on the terms specified in the charter of the cooperative.
  • If members who disagree with the upcoming transformation are identified, they can exercise their right to leave the cooperative and make a demand for payment of shares within 3 months .
  • The end of the procedure is the date of state registration of legal entities arising as a result of this reorganization.

    The features of liquidating an LLC when it has two founders are discussed in the article.

    Experts' explanations regarding the liquidation of a general partnership are given here.

  • Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
  • All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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Hello dear lawyers!

Once upon a time there lived a garage cooperative created in the 90s, completely officially according to all the rules of that time with all the allocation of land, approvals, etc.

In 1996-2000, they were obliged to calculate land tax without carrying out cadastral work (at that time this was not in fashion). We paid 6000 rubles/year tax for land to the tax office and did not buzz)

In 2015, at a meeting of GSK members, they decided to get serious about the ownership rights to garage boxes. To do this, we had to do cadastral work on the land and technical documentation for the building of a garage cooperative (36 boxes).

WE CONCLUDED A LAND LEASE AGREEMENT WITH THE ADMINISTRATION OF OUR CITY. They calculated us 15,000 rubles/year. The agreement was registered in the Russian Register.

Everyone who wanted to went to court, won their cases regarding the ownership of their garage boxes, went to Rosreestr and received their certificates of ownership of their garage.

We lived normally for 1 year. They honestly paid 15,000 rubles for land in shared ownership.

At the end of 2021, the local council of deputies decided to increase the coefficients when calculating land rent in stages. those. in 2017 we already need to pay 25,500 for the land, in 2021 - 35,000, in 2019 - 35,000. And no one promised that there would be no further increase.

We are not satisfied with such a high rent. We do not have the right to terminate the lease agreement because there are permanent buildings on the land (the garage was founded in the 90s)

Therefore, we (members of the garage cooperative) want to liquidate (deregister with the EGRUL) our garage-construction cooperative. The procedure is not complicated in principle; the tax office even kindly printed out instructions on how to do it.

What could be the reasons for liquidating a cooperative?

Officially, the liquidation of GSK is carried out on the basis of the following conditions:

  1. All members of the cooperative expressed a desire to terminate their membership.
  2. It is planned to demolish existing buildings and erect new ones.
  3. The sale of the organization is planned.
  4. The society presented amounts of expenses that members were unable to pay.
  5. The technical conditions of the buildings no longer meet the established requirements.

Often, closing an organization is completely voluntary. And getting started with the process usually doesn't require much explanation. As usual, all decisions are made directly by the participants at general meetings of the cooperative.

On the other hand, liquidation may be forced. This is due to high legal requirements. For example, if the charter document is drawn up with errors, closure can be carried out even by decision of the tax authorities. In this case, the liquidation will be formalized on the basis of a court order.

How to deprive the right to own a garage

Despite the fact that a cooperative society is not created for commercial purposes, it has the right to conduct its own commercial activities.

For example, this could be the transfer of premises into leased ownership. The Company undertakes to maintain appropriate accounting records. The assistance of professional lawyers in the process of liquidating a cooperative is often not needed.

Legal entities of this type do not have a large number of documents, so they are not subject to tax and other audits. Plus, even taking into account the conduct of commercial activities, the number of contracts signed is insignificant. And in a sense, this is what protects the organization from the emergence of a variety of problems.

It is quite possible to handle all the necessary activities on your own, and legal services will only entail unnecessary expenses. For example, in the case of voluntary liquidation due to bankruptcy, only the state fee will need to be paid.

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