Liquidation of a housing cooperative: step-by-step instructions on the reorganization of a housing cooperative in the event of bankruptcy or debt, and is it also notified of termination of membership?

Membership in a housing cooperative is terminated in the event of:

exit of a cooperative member;

expulsion of a member of the cooperative;

liquidation of a legal entity that is a member of the cooperative;

liquidation of a housing cooperative;

death of a citizen who is a member of a housing cooperative.

Part 2 of this law does not have clear boundaries regarding the procedure and deadline for leaving the cooperative.

The application of such a person is considered within the time frame regulated by the charter, that is, all clarifications regarding the procedure and timing of exclusion are included in the organization’s charter.

Also, the same Charter defines exactly how the money will be returned to the citizen - it will be the finances or property of the cooperative, and all actions are considered within the framework of the law.

Although here there is no clear certainty that the points of the document will not be changed by voting at the meeting of founders, already during the validity period.

How?

The application of a participant in a housing construction cooperative for voluntary withdrawal from it must be considered by the board of the institution within 30 calendar days from the date of its submission; the document is drawn up in any form.

The exclusion of a member from the enterprise is carried out due to his demands by resolution of the general meeting, after which he is considered officially excluded.

The board informs the member in a letter about the preliminary decision made by the management team itself, where there are recommendations for expelling the citizen and bringing the issue to a meeting of participants.

Expert opinion

Itskov Dmitry

In the event of the end of the company's existence, membership is terminated for everyone from the moment an entry on the liquidation of the legal entity is made in the Unified State Register.

If a member of the institution dies, his family, namely the spouse, subject to the right to a part of the share, can preferentially join the company.

If the spouse refuses and there are other heirs, whether or not they live in the same area as the member, but have the right to a percentage of the share, they can take advantage of preferential rights to entry.

Reasons for liquidation of housing cooperatives and step-by-step instructions for terminating membership of a housing cooperative

For example , based on the results of a meeting of owners, similar companies could be merged in nearby houses, or vice versa, if one company was created to distribute housing into two houses, then there are no obstacles to dividing it in the future.

The document is reserved by the signature of the applicant, which in turn is registered by a notary representative , and data from the passport or other document of the applicant must be indicated in accordance with the legislation of the Russian Federation and TIN.

Payment of share upon exclusion

Exit from the housing cooperative after payment of the share, in accordance with Part 1 of Art. 7 of the Federal Law “On Housing Savings Cooperatives”, a citizen, upon voluntary termination of membership, has the right to payment to him of the actual nominal value of the share specified by the Federal Law, Art. 32 order and timing.

The actual nominal value of the share of a retiring citizen is drawn up on the day of the end of the financial year, during which the person ceases to participate in the process. After the beginning of the next year, the full price of the share is paid within 6 months to the member himself or his heirs who are entitled to do so. However, h.

4, Article 32 indicates the maximum period for payment of the share - 2 years from the close of the financial year in which the basis for withdrawal arose.

Liquidation of housing cooperatives step by step instructions

Protocol on the creation (liquidation) of an HOA What does the commission look like? In the process itself, the audit commission, which controls all financial issues, will be of great importance. She is elected during the creation of the HOA from the members of the partnership and is responsible for controlling finances.

Next, all documentation is transferred to the tax office. How a protocol is drawn up An equally important document can be considered a protocol, which is drawn up without fail and has a number of features.

Drawing up an application

The application is written by hand in a standard form:

A cap is formed in the upper right corner, which indicates the name of the organization and the full address, from whom, and where the member of the organization lives.
After the words “statement” it is indicated that with this document the citizen notifies of his withdrawal.
At the end there is a date and signature.

It turns out that the company is liquidated in all of the above cases - this is reorganization, bankruptcy, and on the company’s own initiative, all of which imply the termination of the existence of a legal entity. However, each method has its own nuances, for example, when powers are transferred to the successor. There is also a difference whether the liquidator or the liquidation commission is involved in the procedure.

The grounds for liquidation of a homeowners' association are given in the Civil Code of the Russian Federation and the Housing Code of the Russian Federation

By decision of its founders or participants (Part 2 of Article 61 of the Civil Code of the Russian Federation).
By court decision in connection with:

gross violations of the law, if these violations are irreparable;
activities without proper permission (license);
activities of a legal entity prohibited by law, in violation of the Constitution of the Russian Federation, with other repeated or gross violations of the law;
a claim by the founder (participant) of a legal entity, if it is impossible to achieve the goals for which it was created.

In Art. 145 of the Housing Code of the Russian Federation states that the decision to liquidate the HOA must be made by the owners of the premises in the house at a general meeting if the members of the partnership have 50% or less of the votes of the total number of votes of the owners in the house. Also, a general meeting of its members can decide to terminate the work of the HOA in accordance with clause 2, part 2, art. 145 Housing Code of the Russian Federation.

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Liquidation of housing cooperatives step by step instructions

Conduct a general meeting of homeowners, in accordance with Section 45, 46 and 47 of the Housing Code of the Russian Federation to determine issues -
creation of a liquidation commission;
Grant the chairman of the cooperative the authority to make notifications to the territorial department of the Federal Tax Service.
A liquidator is selected when the enterprise did not carry out activities; if such activities were carried out, a liquidation commission is elected.
The votes are counted and minutes of the meeting are prepared.

Housing Code of the Russian Federation, owners of premises in an apartment building are required to choose one of the methods of managing an apartment building: direct management of the owners of premises in an apartment building, the number of apartments in which is no more than 30; management of a homeowners' association or housing cooperative or other specialized consumer cooperative; management of the management organization. In such a situation, in accordance with Art. 123 of the Housing Code of the Russian Federation, a housing cooperative must be liquidated in the manner prescribed by civil law, if it is not converted into a HOA.

Only government agencies or a municipality can file a lawsuit to liquidate an HOA.

When liquidating an HOA through the court, it is important who exactly filed the claim, since Part 3 of Art. 61 of the Civil Code of the Russian Federation, the circle of persons authorized to carry out such actions is strictly limited. This list does not include individuals who are owners or tenants of premises in an apartment building.

the State Housing Supervision Authority in the event that the procedure for creating a partnership was violated or other irreparable gross violations of the law were identified in the activities of the HOA (Part 6, Article 20 of the RF Housing Code, paragraphs 1, 3, Part 2, Article 61 of the Civil Code of the Russian Federation);
the prosecutor's office, if during an inspection of the work of the partnership, violations of the rights, freedoms and legitimate interests of citizens, an indefinite circle of persons or the state were revealed (Article 35 No. 2202-1, Part 1 of Article 45 of the Code of Civil Procedure of the Russian Federation);
local government body when identifying violations during the creation of an owners' partnership or gross violations of the legislation of the Russian Federation.

We also note that the tax authority can apply to the court with a claim for liquidation of any organization (Part 11, Article 7 No. 943-1).

If the claim is filed by a resident of an apartment building, then the court indicates that the plaintiff lacks the appropriate authority and rejects the individual’s complaint (decision of the Blagoveshchensky District Court of the Republic of Bashkortostan dated September 25, 2018 in case No. 2-446/2018).

Liquidation of housing cooperatives step by step instructions

If the owners of premises in an apartment building did not hold a general meeting on the issue of choosing a method of managing an apartment building or a decision on choosing a method of managing an apartment building was not made, and also if, after two months after the entry into force of a court decision declaring the general meeting of owners of premises in an apartment building on the issue of choosing a method of managing an apartment building; a repeated general meeting was not held or a decision on choosing a method of managing an apartment building was not made; the local government body is holding an open competition to select a management organization to manage the apartment building. Thus, the housing cooperative, in which all members have made full share contributions, there is no legal basis to manage the house.

What is liquidation of a housing cooperative developer?
What to do if you notice the prerequisites for bankruptcy?
Liquidation procedure for housing cooperatives: step-by-step instructions for owners
Litigation with the developer
What is bankruptcy of housing cooperatives?
How to submit documents to the register of creditors in this regard?
How does the procedure work?
What to do next?
Conclusion

The liquidation of HOAs in accordance with the Civil Code of the Russian Federation is carried out by an established commission

The liquidation of a homeowners' association is carried out according to the procedure common to all legal entities, which is enshrined in Art. 61 – 65 of the Civil Code of the Russian Federation (Part 1 of Article 141 of the Housing Code of the Russian Federation).

After a decision is made on the voluntary or forced liquidation of the HOA, the general meeting of owners or members of the HOA, or another body that made the decision to terminate the work of the partnership, are obliged to appoint a liquidation commission, establish the procedure and timing of liquidation, draw up an interim balance sheet, and notify the HOA body of its actions (h 3 Article 62 of the Civil Code of the Russian Federation).

From the moment such a commission is appointed, it is she who manages all the affairs of the owners’ association and even represents it in court (Part 4 of Article 62 of the Civil Code of the Russian Federation).

Her responsibilities also include publication in the official media of a message about the procedure and timing for creditors to submit claims to the HOA, written notification to creditors and collection of receivables (Part 1 of Article 63 of the Civil Code of the Russian Federation).

In this case, creditors must have at least two months from the date of publication of information about the impending liquidation of the HOA to present claims to the partnership (Part 1 of Article 63 of the Civil Code of the Russian Federation). After completing settlements with creditors, the liquidation commission draws up a liquidation balance sheet (Part 6, Article 63 of the Civil Code of the Russian Federation).

Then the commission notifies the registration authority about the completion of the liquidation process of the HOA and provides a package of necessary documents (parts 2, 3 of Article 22 No. 129-FZ). The HOA is considered liquidated after the relevant information is entered into the unified state register of legal entities (Part 6, Article 22 No. 129-FZ, Part 9, Article 63 of the Civil Code of the Russian Federation).

Consequences of bankruptcy

The main consequences of the bankruptcy procedure of a housing construction cooperative include:

complete liquidation of a legal entity , which will entail the termination of all its existing obligations;
blocking ongoing construction activities , the result of which could be the satisfaction of the property requests of the cooperative members;
the property interests of the members of the housing construction cooperative will be satisfied only in the third place and only if, after all settlements with creditors and contractors, various resources remain in the organization’s accounts or among its property to repay this type of debt;
as mentioned above, after receiving documents on the liquidation of a legal entity, a procedure for creating a new legal entity can be carried out either in the form of a housing cooperative or in some other form, which will continue the construction of the house in question. At the same time, another legal entity may be created to maintain the property of such a house.

In the absence of a decision by the OSS, the liquidation of the owners' association can only be approved by a court

Let us dwell separately on the case specified in Part 2 of Art. 141 of the Housing Code of the Russian Federation, which states the obligation of the owners of the OSS to make a decision on the liquidation of the HOA if the members of the partnership have 50% or less of the votes of the total number of votes of the owners in the house.

Expert opinion

Itskov Dmitry

In this case, a contradictory situation arises: the owners have such an obligation, but no one can force them to meet at the OSS and make such a decision.

The regulations do not stipulate anywhere a mechanism for coercing owners or punishing them for inaction. In the absence of a decision from the OSS to liquidate the HOA, residents of the house can only achieve this with the help of regulatory authorities in court in connection with a gross violation of the law (resolution of the Federal Antimonopoly Service of the Far Eastern District in case No. A73-2002/2011, decision of the Stary Oskol City Court of the Belgorod Region in case No. 2a -3123/2018).

The procedure for closing a HOA

How to close an HOA by decision of the owners - it is necessary to consolidate the will and assemble an initiative group campaigning for an extraordinary general meeting. The charter may provide for a quorum of meeting participants. Usually this is no less than 50% of the total number of its members.

The partnership is obliged to pay its debts in accordance with the stated requirements of the creditors. If the organization’s property is not enough to pay off all its counterparties, then it will have to apply to the arbitration court for bankruptcy and forcefully collect the debts.

The court draws attention to the legality of the decisions of the OSS and the fulfillment by the HOA of its direct responsibilities

The presence of a decision by the HOA to liquidate an owners' association in which members have 50% or less of the total number of votes in the house is not a guarantee that such an HOA will actually be liquidated.

The board of the partnership or its chairman may refuse to take actions provided for in Art. Art. 61 – 65 of the Civil Code of the Russian Federation during the liquidation of a legal entity, effectively continuing the work of the HOA.

In this case, the authorized body may apply to the court with a claim for compulsion. But even in this case, the court may not make a positive decision on the liquidation of the partnership.

At the same time, in court, the initiators of the liquidation of the HOA must prove that the relevant decisions were made at the OSS/OSCh in accordance with the requirements of the Housing Code of the Russian Federation (decisions of the Vyborgsky District Court of St. Petersburg in case No. 2-887/2018, Zubtsovsky District Court of the Tver Region in the case No. 2-221/2018).

When considering such cases, the court pays attention to the actual implementation by the partnership of its responsibilities for managing an apartment building, the presence/absence of gross violations during its creation (decisions of the Starooskolsky City Court of the Belgorod Region in case No. 2a-3123/2018, Leningradsky District Court of Kaliningrad in the case No. 2-2138/2018, Zheleznodorozhny District Court of Penza in case No. 2a-1348/2018).

Liquidation of housing cooperatives step by step instructions

If we consider the specifics of the liquidation of a housing construction cooperative, it is worth noting that it entails the termination of its activities without the transfer of rights or obligations to successors (in accordance with Article 61 of the Civil Code of the Russian Federation). fulfillment of the goals and objectives for which the cooperative was established; expiration of the period specified in the company’s statutory documentation for the company to carry out its activities; expenses exceed income, running an unprofitable business, resulting in a lack of interest among the participants of the housing cooperative in its further functioning; systematic violation of the current legal system, the impossibility of correcting the consequences; providing information that does not correspond to reality when registering or obtaining a license; carrying out prohibited activities or those not covered by the license; gradual loss of paying ability, emergence of prerequisites for bankruptcy; failure to comply with court orders, decisions, etc.

Cooperatives are becoming unnecessary. They are a legal entity that needs to be properly abolished. The liquidation of a cooperative occurs in accordance with the stages defined by law.

Take into account

A homeowners' association can be liquidated voluntarily by decision of the general meeting of HOA members or by decision of the OSS if the members of the association do not have a sufficient number of votes from the total number of votes in the house.
The liquidation of an HOA can be carried out forcibly by a court decision, which authorized government agencies or the municipality have the right to apply to.
The very fact that the members of the HOA do not have more than 50% of the votes of all the votes in the house is not an unconditional fact for the liquidation of the partnership. There must be a decision on this by the OSS, including when forcing the founders through the court.

To liquidate the HOA, the initiators of the process need to hold a general meeting of members/owners, at which an appropriate decision will be made. Then the liquidation commission should begin work, which will resolve issues with creditors and send documents to the registration authority to exclude the HOA from the register of legal entities.

Grounds for the bankruptcy procedure of housing cooperatives

If we are talking specifically about the liquidation procedure of a housing construction cooperative through bankruptcy proceedings, then it should be noted that it can only be carried out if the appropriate decision is made by the Arbitration Court. In turn, such a decision can be made if it has been proven that a legal entity has failed to fulfill its obligations, including due to the dishonesty of its leaders in the person of the chairman and board of the cooperative.

The initiators of a claim submitted to arbitration can only be creditors or contractors who interacted with the cooperative. Members of such a legal entity can only clarify their requirements during the period of compiling registers of financial claims and property claims.

Filing a claim for bankruptcy of a housing cooperative can be carried out on the following grounds:

the cooperative's expenses exceed its income , as a result of which this type of functioning of a legal entity is recognized as unprofitable;
systematically recorded violation of the requirements of current legislation in terms of financial legal relations, the correction of which is not possible;
loss of solvency , which occurs gradually or was recorded immediately.

One or more of the grounds listed above can be chosen as the basis for filing a claim, however, they will need to be confirmed from a documentary point of view, since, otherwise, the claim may be denied.

Cease to exist

Termination of the existence of a housing cooperative may occur due to:

expiration of the period of activity specified in the organization’s Charter;
regular gross violations of current legislation, without the possibility of their correction;
completed tasks for which the cooperative was created;
improper functioning of the organization leading to losses;
carrying out activities not specified in the received license;
tendency towards loss of solvency, hint of bankruptcy;
giving false information when registering a cooperative;
the desire of the owners of the premises to change the management of the house, in their opinion, to a more suitable one.

At the general meeting, a decision can also be made to reorganize the housing cooperative into a homeowners' association (Article 122 of the Housing Code of the Russian Federation).

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Article 122. Reorganization of a housing cooperative

By decision of the general meeting of its members (conference), a housing cooperative can be transformed into a homeowners' association.

The purpose of its implementation is merger, accession, transformation, division and separation.

Reorganization can be used to unite the same organizations between nearby houses or, conversely, to divide one company into several.

After the reorganization, in accordance with Art. 57, 58, 59 and 60 of the Civil Code of the Russian Federation, all rights and obligations available to the housing cooperative remain with the HOA.

Article 59. Transfer act

The transfer act must contain provisions on succession for all obligations of the reorganized legal entity in relation to all its creditors and debtors, including obligations disputed by the parties, as well as the procedure for determining succession in connection with a change in the type, composition, value of property, the emergence, change, termination of rights and obligations of the reorganized legal entity that may occur after the date on which the transfer deed was drawn up.
The transfer act is approved by the founders (participants) of the legal entity or the body that made the decision on the reorganization of the legal entity, and is submitted together with the constituent documents for state registration of legal entities created as a result of the reorganization, or amendments to the constituent documents of existing legal entities.

An HOA, unlike a housing cooperative, is not a commercial organization and, therefore, cannot divide rental income between members of the partnership (Article 135 of the Housing Code of the Russian Federation). I would like to note that upon liquidation of a housing cooperative, members of the partnership receive a notice of termination of membership in the housing cooperative.

Liquidation of housing cooperatives step by step instructions

Evgeniya 06.28.2021 at 17:04 Hello, Arina. You will need to draw up an act of acceptance of notarized documents from the owners in free form, you will need to indicate from whom, what and when you accepted.

8, paragraph 1, art. 13 of Federal Law No. 93-FZ of June 30, 2021. However, the loss of legal force of this article did not completely refute the provisions on the need to liquidate the housing cooperative, in which all its members made full share contributions for the residential premises provided by this cooperative. The relevance of this provision increases in connection with the position of the prosecutor's office of the Russian Federation and the housing inspection, according to which the legislation does not allow the activities of housing cooperatives after full payment of share contributions by all participants. Arguments for the need to liquidate housing cooperatives in accordance with paragraph 1 of Art. 123.2 of the Civil Code of the Russian Federation, a consumer cooperative is an association of citizens or citizens and legal entities in order to satisfy their material and other needs, carried out through the pooling of property shares by its members.

Required documents

To successfully liquidate a housing cooperative, you need to collect the following documentation:

Charter of the cooperative;
certificate of state registration and registration with the tax authorities;
extract from the Unified State Register of Legal Entities;
data from the passports of the cooperative participants and their identification numbers, as well as passport data of the general director, chief accountant, members of the liquidation commission;
notification of receipt of housing cooperative statistics codes;
send an official document to government authorities about the completion of the cooperative.

How to submit documents to the register of creditors in this regard?

If bankruptcy is declared, the main task of creditors becomes inclusion in the register . To do this, you need to write an application and submit it to arbitration. During observation, you can submit an application within thirty (calendar) days. In the bankruptcy process, 2 months are allotted for filing an application from the moment information about bankruptcy is published in the newspaper.

The creditor must submit documents not only to the court, but also to the debtor, and also hand them over to the insolvency administrator.

Liquidation due to debts

Sometimes cooperatives become “overgrown” with debts and then it makes sense to liquidate them. The reason in this case is the bankruptcy of the housing cooperative. It sometimes arises due to economic changes outside the organization or within it (unreasonable activity of the management of the cooperative).

Bankruptcy leads to:

expenses above the planned budget;
lack of funds;
inconsistency in the work of managers.

total amount of debt from 100 thousand rubles:
loan amounts with interest;
debt of housing cooperatives for damaged property of creditors.
Failure to repay debt to creditors within 3 months from the date of its required elimination.

Reasons for elimination

Sometimes situations arise in which it is necessary to terminate the work of a community without legal succession - to carry out liquidation. The closure procedure must meet the requirements of the law, in particular, comply with the provisions of the Federal Law “On Production Cooperatives”, the Federal Law “On Agricultural Cooperation”, the Civil Code of the Russian Federation and other regulations.

Liquidation of a production cooperative is carried out for a number of reasons, including the following:

Termination of further activities at the request of the participants themselves.
The emergence of factors that impede further work. This includes the actual reduction of participants below the permitted level.
Bankruptcy of the organization.
Liquidation of a consumer cooperative can be carried out by a court decision. Forced closure becomes possible if there are facts of violation of legal rules.

Voluntary termination is usually related to the achievement of the participants' goals or the end of the term. The corresponding decision is made at a general meeting, where a liquidation commission is appointed. In case of bankruptcy, the decision to terminate activities is made in the presence of creditors.

If a verdict on forced closure is made as a consequence of identified violations, the meeting of participants is obliged to make a decision on liquidation or eliminate the reasons.

Liquidation of housing cooperatives Step by step instructions

After the expiration of the period intended for submission of claims by creditors, the liquidation commission draws up an interim liquidation balance sheet containing information on the composition of the cooperative’s property, the list of creditors’ claims, and the results of their consideration. The interim liquidation balance sheet is approved by the general meeting of members of the cooperative.

A special group under the State Duma Committee on Civil, Criminal, Arbitration and Procedural Legislation is developing a draft of a fundamentally new code, which should combine the norms of the civil and arbitration procedural codes.

Liquidation of a consumer cooperative

Like any other legal entity, upon completion of its activities, a consumer cooperative should be liquidated in accordance with current legislation and regulations. Features of the closure (liquidation) of a consumer or production (eg construction, agricultural, credit, etc.) cooperative, step-by-step instructions for liquidation - we will consider all this today.

Liquidation and bankruptcy of cooperatives

How to properly liquidate a consumer cooperative

As already noted on the blog pages, a legal entity, including a consumer cooperative, has the right to self-liquidate based on the legislation of the country, i.e. legislation of Russia. The legislation of Russia, providing for the liquidation of a legal entity, indicates the mandatory implementation of the procedure for liquidation of a legal entity, including a cooperative.

This will be discussed below.

The basis and procedure for the liquidation of consumer cooperatives is provided for by cooperative legislation.

The body of the consumer cooperative, which has made a decision to liquidate the consumer cooperative, immediately notifies in writing the body carrying out state registration of legal entities. Liquidation of a legal entity is not a one-time act, but a special rather lengthy procedure for terminating the activities of a legal entity. Information that a legal entity is in the process of liquidation is subject to entry into the unified state register of legal entities, open to the public.

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Article 62 of the Civil Code of the Russian Federation imposes a number of obligations on the founders (participants) of a legal entity or the body that made the decision to liquidate a legal entity in order to respect the rights and legitimate interests of third parties and ensure state control over the liquidation. They establish the procedure and timing of liquidation in accordance with the Civil Code of the Russian Federation, other laws and taking into account the characteristics of the legal entity being liquidated. A notice of liquidation of a legal entity must be sent to the tax authority at the place of registration of the legal entity as a taxpayer no later than 3 days from the date of such decision (see.

Art. 23 of the Tax Code of the Russian Federation).

The general meeting of the consumer cooperative or the body that made the decision to liquidate the consumer cooperative appoints a liquidation commission (liquidator) and establishes the procedure and timing for the liquidation of the consumer cooperative. In accordance with paragraph. 2 p.

3 tbsp. 61 of the Civil Code of the Russian Federation, by a court decision on the liquidation of a legal entity, its founders (participants) or the body authorized to liquidate a legal entity by its constituent documents may be assigned responsibilities for carrying out the liquidation of the legal entity. If liquidation is not carried out within the prescribed period, the court appoints a liquidator and instructs him to liquidate the company.

When resolving issues related to the appointment of a liquidator, determining the liquidation procedure, etc., the court applies the relevant provisions of bankruptcy legislation in accordance with paragraph 1 of Art. 6 of the Civil Code of the Russian Federation (analogy of the law) (see.

clause 24 of the resolution of the Plenums of the RF Armed Forces and the Supreme Arbitration Court of the Russian Federation No. 6/8). As follows from paragraph.

3 tbsp. 62 of the Civil Code of the Russian Federation, during the liquidation process, the liquidation commission (liquidator) performs the functions of the relevant bodies of the legal entity to manage the internal and external affairs of the legal entity, including acting on behalf of the liquidated legal entity in court. During this period, the necessary legal actions on behalf of the cooperative are carried out by the head of the liquidation commission, based on decisions made by the commission within its competence.

At the same time, the main goal of the cooperative becomes the end of its activities. Transactions made by the cooperative during this period should be aimed at completing current affairs and making settlements with creditors and members of the cooperative. For example, in the event of liquidation of a housing savings cooperative, a mandatory assessment of the property (movable and immovable property, rights of claim, debts) of the liquidated cooperative is carried out in accordance with the legislation of the Russian Federation regulating assessment activities.

Carrying out this assessment must precede the approval of the interim liquidation balance sheet. The liquidation commission, at the request of the members of the cooperative, is obliged to provide them with a report on the assessment of the property of the liquidated cooperative for their review. The interim liquidation balance sheet and the final liquidation balance sheet are approved by the general meeting of members of the cooperative in agreement with the federal executive body exercising control and supervision functions in the field of financial markets.

The property of the housing cooperative, remaining after satisfaction of the creditors' claims, is distributed among the members of the cooperative in proportion to their shares.

Features of the procedure

When conducting a bankruptcy procedure, in addition to the above-mentioned feature regarding the filing of a statement of claim for this type of proceeding, there are a number of certain features, which include:

mandatory observance of the order of satisfaction of existing claims of a financial and property nature (first, the claims of creditors - the requirements of the first priority, then the demands of contractors - the requirements of the second priority, then the demands of members - the requirements of the third priority);
during the bankruptcy procedure, it will be necessary to demolish all those buildings that are illegal in nature , or complete the procedure for registering ownership rights to those that are in the process of registration;
after the completion of the bankruptcy procedure of the housing cooperative, another cooperative may be created , which will be responsible for completing the construction of the disputed property.