Charter of the garage cooperative
According to Chapter 4 of the Civil Code of the Russian Federation and Federal Law No. 99 of 05/05/2014 (as amended on 07/03/2016), a garage cooperative is an organizational and legal form of a legal entity of a non-profit organization.
According to Art. 50 in the decision to approve a legal entity, information about the approval of the charter of the legal entity must be indicated.
Important ! Art. 52 of the Civil Code of the Russian Federation defines the charter of a garage-building cooperative as a constituent business text that creates the basis for its activities.
Control over the financial and economic activities of GSK and compliance with legislation.
14.1. Control over the financial and economic activities, including the activities of the chairman and members of the board of the State Joint Stock Company, is carried out by the audit commission, which is elected by the general meeting of members of the State Joint Stock Company from among its members, consisting of three people, for a period of two to five years. The Audit Commission is accountable to the general meeting of GSK members. Re-election of members of the audit commission can be held early at the request of at least one quarter of the total number of members of the State Committee or one third of the total number of members of the board.
14.2. The Audit Commission is obliged to:
- check the implementation of the decisions of general meetings of members by the board and the chairman of the board, the legality of transactions, and the condition of property;
- carry out audits of financial and economic activities at least once a year, as well as on the initiative of members of the audit commission, the decision of the general meeting of members of the State Committee, or at the request of one fifth of the total number of members of the State Committee or one third of the total number of members of the board;
- report on the results of the audit to the general meeting of members of the GSK with the provision of recommendations to eliminate the identified violations;
- report to the general meeting of members of the State Committee on all identified violations in the activities of governing bodies;
- exercise control over the timely consideration by the board and the chairman of the board of applications of members of the State Committee;
- Based on the results of the audit, if a threat is created to the interests of the State Joint Committee, or if abuses by members of the board and the chairman of the board are identified, the audit commission, within the limits of its powers, has the right to convene an extraordinary meeting of members of the State Joint Committee. Members of the audit commission are responsible for improper performance of duties provided for in this charter and the Federal Law.
When and who compiles?
A resolution on the intention to create a garage community of citizens is made by one founder or two or more founders. In the second case, voting is held on issues of joint activities to create a legal entity.
Important ! The fundamental point for organizing a cooperative is the creation of an initiative group that develops a charter.
The charter of a consumer garage cooperative deals with the entire process of activity of a garage association on the basis of legislation. After creating the charter, the founder or founders record the decision to approve the charter. Next comes the state registration procedure.
Record keeping.
15.1. The person responsible for maintaining records in the GSK is the chairman of the board. Extracts from the documents of the State Committee and copies of documents are certified by the seal of the State Committee and the signature of the chairman.
15.2. The minutes of the general meeting of the GSK members are signed by the chairman and secretary of the meeting, the minutes are certified with the seal of the GSK and are kept on file for five years.
15.3. The minutes of meetings of the board and the audit commission are signed by the chairman of the board or the deputy chairman of the board, or the chairman of the audit commission; the minutes are certified with a seal and kept in his file for five years.
15.4. The transfer of documents in connection with the re-election or removal from office of elected persons is carried out according to the act of acceptance of the transfer during the time required for acceptance of the transfer.
Main contents of the charter
In the text of paragraph 4 of Art. 52 of the Civil Code of the Russian Federation states that the charter of the GSK must necessarily contain information about the name of the legal entity, about the organization of the legal form (in the situation under consideration, this is a garage cooperative), about the location of garage buildings, about the streamlining of operational management.
The charter defines the goals and subject of the cooperative's functioning. The legal possibilities and responsibilities of the organization's participants are described.
From the moment of state registration, a cooperative association registered as a legal entity maintains an independent balance sheet, registers the opening of a bank account, owns a seal, a corner stamp, and its own forms and details.
You will see how to formally reflect all these requirements in the sample charter of the GSK presented below.
Register (list) of GSK members.
6.1. Within a month from the date of registration of the GSK, the chairman of the board or an authorized person shall create and maintain a register (list) of members of the GSK.
6.2. The register (list) of GSK members includes the following details:
- Full Name.
- Postal address and (or) email address, telephone number at which messages can be received by a member of the GSK.
6.3. A member of the GSK is obliged to provide reliable information necessary for maintaining the register of GSK members and promptly inform the GSK board of changes in the specified information.
6.4. The collection, processing, storage and distribution of information necessary for maintaining the register of members of the GSK is carried out in accordance with the legislation of the Russian Federation.
Main points of the document
The charter of a garage construction cooperative must contain the following eight main points:
- General provisions that state:
- on what basis is a consumer association organized?
- who is the founder or founders;
- the location of the garage buildings and the address of the location of its chairman;
- the voluntariness and non-profit direction of the association of citizens in the form of a special consumer cooperative is indicated;
- full and abbreviated names are given;
- the period of activity (or indefinite validity) and the principles of existence are indicated;
- the obligations of the cooperative, according to the charter, are prescribed to implement legal transactions, protect the interests of cooperators at the level of state power, and acquire property and legal guarantees.
- The life goals of a garage association formed to meet the needs of a legal entity and its participants. Paragraph No. 2 defines the leading areas of activity:
- accumulation of material and monetary resources;
- making necessary payments;
- transfer of the garage into the ownership of a citizen;
- providing guarantees to the participant to obtain a bank loan;
- Certain types of activities require an appropriate license.
In accordance with the goals, the standard GSK charter reflects the legal capabilities of the cooperative:
- sign agreements of an investment nature, maintenance of design estimates and documentary materials, agreements for the provision of services;
- organize the purchase of required equipment;
- rent land and technical equipment;
- request credit and loans from the state;
- accept or write off funds, etc.
- Cooperative property. Methods of property security:
- entrance and membership fees;
- donations on a charity platform;
- profit from business activities, if any;
- interest on securities;
- income from the operation of property.
The General Meeting accumulates funds:
- share;
- spare;
- indivisible;
- surety
Important ! This paragraph describes the payment procedure and the amount of the share contribution, systematic membership payments, and required targeted contributions.
- general meeting;
- governing body;
- chairman;
- auditor.
This describes the functioning of a higher management body - the general meeting, which adopts resolutions in areas, among which it is necessary to highlight:
- approval of the charter;
- recording of amended and additional information in the charter;
- election events of the auditor, chairman and board;
- coordination of areas of activity;
- studying the reporting data of the board and auditor;
- resolving the problem of liquidation or reorganization of a cooperative community, etc.
During the time intervals between meetings, administration is carried out by the executive body - the board, which has a number of authorized actions. Accordingly, its chairman and auditor, who controls the financial and economic function, are elected.
Responsibilities of participants:
- comply with statutory requirements, technical and fire safety standards;
- pay fees and taxes on time;
- improve the garage area, etc.
The new charter of the GSK should also reflect the legal capabilities of the participants:
- contribute to management;
- activate the functionality of the general meeting using the right to vote;
- request information about the activities of the cooperative, etc.
Statistics, accounting and accompanying operational documentation are maintained and subject to audit.
Important! Audit inspection is carried out both by an internal auditor and an external commission.
The organizational issue of reorganization is considered by the general meeting, a commission is elected and a stage-by-stage reorganization route is developed.
The rules for liquidating a cooperative with entering information into the Unified State Register of Legal Entities are also described.
Responsibility of GSK members.
8.1. A member of the GSK may be subject to administrative penalties in the form of a warning or a fine for violation of land and urban planning legislation, legislation on sanitary and epidemiological welfare of the population, legislation on fire safety, committed within the boundaries of the GSK in the manner established by the legislation on administrative offenses.
8.2. A member of the GSK may be deprived of ownership rights to a land plot for systematic violation of land legislation, seizure of public lands, driveways, areas for organizing the parking of his car, for failure to fulfill the duties provided for by this charter.
8.3. A member of the GSK by decision of the general meeting of GSK members may be excluded from the membership of the GSK:
- for failure to comply with decisions of the general meeting of members of the GSK (meeting of authorized representatives);
- for non-payment of membership fees and land tax;
- for unauthorized seizure of lands, sites and public passages.
8.4. For systematic failure to pay for the use of electricity, membership fees, land tax, by decision of the board, a person may be disconnected from the power grid. Connection to electricity is made after repayment of the debt and payment for connection.
8.5. Membership fees will not be returned to excluded members of the GSK.
Procedure for making changes
By resolution of the general meeting, changes or additions are made to the charter of the garage cooperative. According to Art. 52 of the Civil Code of the Russian Federation and Art. 18 Federal Law No. 129 dated 08.08.2001 (as amended on 28.12.2016) “On state registration of legal entities and individual entrepreneurs” (as amended and supplemented, entered into force on 01.01.2017) the changed data is reflected in the protocol and registered in the Unified State Register of Legal Entities.
The charter of a garage cooperative is a fundamental business source, reflecting the details of its existence within the framework of legal requirements. Its writing is a labor-intensive and complex process, but, knowing the legislative framework and the main points of its content, the initiative group creates and registers a legally competent charter.
We hope that in our article you have become acquainted with a sample of the GSK charter in the new edition. Good luck!
GSK Board.
12.1. The GSK Board is a collegial executive body and is accountable to the general meeting of GSK members.
12.2. In its activities, the board is guided by the legislation of the Russian Federation, the laws of the constituent entities of the Russian Federation, regulatory and legal acts and the charter of the State Joint Stock Company.
12.3. The GSK Board is elected by direct vote from among its members for a period of two to five years by the general meeting of GSK members. The Board works on a voluntary basis. Reimbursement of expenses associated with the performance of the work of the board is made in the manner and amount established by the decision of the GSK board without submitting supporting documents.
12.4. The issue of early re-election of members of the GSK board may be raised at the request of at least one third of the members.
