Who is the chairman of a garage cooperative?
The person elected to this position represents the interests of a certain union of motorists, while possessing certain rights and powers. He may be a member of the cooperative himself or invited from outside. In many cases, this work is paid symbolically.
GSK, as a non-profit organization, is included in a special register of the Russian Federation. Data about its head is also recorded there.
Since the created associations of car owners are private and not public, their representatives are not considered officials. However, their actions are regulated by the laws of the Russian Federation and the Charter of the organization.
What are the duties and rights of the head of the GSK according to the law?
The duties of the chairman of the garage cooperative include consideration of issues related to the control of the financial activities of the organization, execution of decisions of general meetings, representation of the Civil Code before the authorities, compliance with the law, and the Charter of the shareholders’ cooperative.
Job descriptions are prescribed in the constituent documents and are regulated by them.
The responsibilities of the Chairman of the GSK include:
- signing of documents;
- checking accounts;
- concluding agreements with other organizations;
- distribution of orders between shareholders;
- representation and protection of the interests of the cooperative in government agencies, tax authorities, and courts;
- monitoring the implementation of decisions made;
- scheduling meetings, notifying colleagues.
Selected to the position of head of a garage-construction cooperative, a person simultaneously receives the rights to:
- conclude agreements and transactions on behalf of the organization;
- receive remuneration for their activities, if stipulated by the Charter;
- manage funds without additional powers of attorney;
- hire security for joint property;
- engage in business in favor of the Civil Code, if the majority of shareholders voted for such actions, and the relevant provisions were enshrined in the constituent documents.
The rights and responsibilities of the chairman of a garage cooperative are negotiated during the creation of the union at the first meeting of shareholders, and then recorded in the Charter.
Let's sum it up
The chairman of the board of the cooperative is an elected position to which a person from among the members of the cooperative can be appointed. He is also dismissed from office by a majority decision at the general meeting. He has no right to engage in entrepreneurial activities without the knowledge of the members of the GSK.
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Hello! I was recently elected chairman of the GSK (garage construction cooperative). What actions do I need to take with the tax authorities? The old chairman said that he submitted a zero declaration, he was told that he did not need to pay land tax since our GSK does not have a technical passport. How to make changes, do I need to submit a declaration of form No. P14001? GSK is not engaged in commercial activities,
What is a general meeting and why is it needed?
Despite all the capabilities of the chairman, decisions important for the organization are made at the general meeting of shareholders and are documented in the minutes.
Each shareholder must be personally notified in advance.
Issues of changes in the Charter, elections of the chairman, his powers, remuneration for his work, commercial areas, the size of the share - everything is within the competence of the full meeting of shareholders.
A decision is accepted (or rejected) provided that a majority of members vote for (against) it (in many GCs - at least 70 percent).
By law, general meetings are recommended to be held at least twice a year.
Answers to the question
Good evening! Regardless of whether you are engaged in commercial activities or not, you need to make changes to the Unified State Register of Legal Entities. To do this, the following documents must be submitted to the registrar within 3 days from the date of the general meeting::
- Application for amendments to information about a legal entity contained in the Unified State Register of Legal Entities in the form R 14001, certified by a notary,
- Minutes of the general meeting of GSK members on the appointment of a new chairman
- Order on the appointment of a new chairman
For violation of the deadline, liability is provided in the form of a fine of 5,000 rubles (Part 3 of Article 14.25 of the Code of Administrative Offenses of the Russian Federation). The applicant is the new chairman. There is no state fee.
The issue of car storage is extremely relevant for city residents. Often, car owners live in apartment buildings and do not want to store their “iron horses” under their windows. In order to organize the safest and most convenient storage of cars, it is not uncommon for a city resident to become a full member of a garage cooperative, acquiring his share in it.
This type of obligation is one of the few in the garage industry that can be officially registered, so for its existence it is important to comply with all legislative nuances concerning the work of this organization. An integral part of a garage cooperative, according to the law, is its chairman, who is a separate caste of leaders. Today we will talk in more detail about his powers, responsibilities and the principle of election.
Observation meeting
GCs can include any number of people. If the number of participants is sufficiently large, a board is selected, including a chairman, accountants, lawyers, and an audit commission.
Their task is to monitor the literacy and legality of decisions made, analyze the activities of the cooperative, and monitor the implementation of appointments and distributions. If there is a board, the responsibilities of the chairman of the garage cooperative, by law, are divided among its members, who lead the work, having the right to sign documents.
In this case, a supervisory meeting of the top management of the organization meets with a certain frequency to analyze the current situation.
Certificate of payment of share
After paying for his share in full, the shareholder becomes the owner of the garage and can dispose of it at his own discretion - sell, rent, etc.
To register ownership of the garage, you will need a certificate of payment of the share. The certificate is issued and signed by the Chairman.
Basic information contained in the certificate of payment of the share:
- Full name of the individual to whom the certificate is issued.
- The date of his entry into the garage cooperative.
- The amount of the paid share.
- Unit maturity date.
- The exact address of the garage.
Certificate of payment of share.
How to become the head of a garage cooperative
At the general meeting of shareholders, a decision is made on the election or re-election of a chairman. If among the shareholders there are no people willing to take the position of manager, by general agreement a person from outside who is not a member of the garage cooperative can be invited. The chairman of the cooperative, like any other shareholder, is elected by open or secret ballot, according to the rules of the meeting, by a majority vote.
Who can be the head of a garage cooperative?
Any member of the garage cooperative can become chairman with the support of the majority of shareholders.
The head of the cooperative is elected for a certain period specified in the Charter and approved by the general meeting.
Registration and drafting of an employment contract
A documented employment contract is concluded with each shareholder.
The types of activities, labor intensity, time spent, vacation, days off, rights and obligations, the amount of the contributed share and the amount of regular contributions are clearly regulated.
Formation and issuance of salaries
The possibility of remuneration for the work of the head of the organization, its amount and frequency are approved at the general meeting. If necessary, changes are made to the Charter.
The salaries of the employees of the Civil Code are issued through the cash desk, in accordance with the issued work orders.
Rules for drawing up a contract
For official employment with the chairman of the GSK, a specially authorized person must sign an employment contract. There is no approved form for this document, so it is drawn up randomly.
However, it should be taken into account that the contract must comply with the norms of labor legislation, namely, contain mandatory conditions and, if desired, optional ones. Inaccuracies in the content, as well as the lack of necessary provisions, can lead the employer to quite large fines.
For an employment contract concluded with any employee, including the chairman of the GSK, the following conditions are required:
- employer's name;
- information about the person hired for a specific staff position;
- the place where the work will be performed;
- the date from which the employee begins to perform his duties;
- date of termination of the employment relationship;
- the employee’s labor function, namely those duties that the chairman will have to perform;
- remuneration for labor is not less than the minimum wage. At this point, the employer must provide a fixed salary, and the terms of payment are not specified in detail in the contract. If you need to include information about incentives, additional payments, etc., you can make a reference to the Regulations on Remuneration, a collective agreement or other local act;
How to change the community chairman
In cases where:
- the term of office of the chairman of the garage cooperative ends;
- the head of the organization fails to fulfill his responsibilities or abuses the powers given to him;
- the elected person resigns from office;
– at the general meeting a decision is made to change the chairman.
GSK protocol on change of head
The number of those present, the number of those who voted “for”, “against”, and “abstained from making a decision” are documented.
A new leader is selected.
A shorthand transcript of the meeting may be added to the minutes, recording questions and answers.
The term of office of the new head and the results of voting on his person are noted.
How to remove the chairman from his duties
If the chairman of the State Joint Stock Company neglects his duties, exceeds his authority, is engaged in unregulated activities, and does not report to the tax authorities, a decision is made at a meeting of shareholders to remove the head from office.
In some cases, the issue can be resolved by appealing to the prosecutor's office or court.
How to find the head of the GSK?
There are situations when the administration of a cooperative begins to engage in dubious actions in relation to its members. And when they want to find advice on the chairman, it can be difficult to find his contacts.
There were even cases when the real head of the GSK appointed an additional informal manager to his position in order to relieve responsibility.
Read more: Registered at the address how to write correctly
In this case, you can find a chairman in several ways.
- The first is to contact the public archive of Rosreestr and enter the address of the cooperative of interest into the search bar.
- If the information is not enough, find out the energy supply organization, or call subcontractors (GSK often hire security). There is nothing illegal for them to give you the chairman's number.
- You can also contact the tax office of your region. The organization's website should have a search in the public archive of registered legal entities.
Problematic situations related to the position of the head of the GSK
Contacting law enforcement agencies may occur under the following conditions:
- violations of the law on energy resources (power outages in garages without a corresponding order from Energosbyt, arbitrary connection to networks);
- commercial activities not coordinated with the needs of the Civil Code, not approved at a meeting of shareholders;
- misappropriation of money from the organization, abuse of its use.
If a leader strictly observes the laws of the Russian Federation and the charter of his organization, his activities bring benefit and development.
