Registration of a housing cooperative: step-by-step instructions for creating and organizing a housing construction cooperative, as well as documents for making a decision Justice

Registration of housing cooperatives: step-by-step instructions

The creation of a housing cooperative begins with a meeting of participants in the shared construction of an apartment building , which is formed by an initiative group of shareholders. So, let's talk about how to create a housing cooperative?

Step-by-step instruction:

At a meeting of the founders who voted for the establishment of the institution, a decision was made on the formation of the company .
The decision will have implications for further progress due to the possession of the votes of shareholders who have a desire to join the enterprise. At the same time, their calculation should not be less than 5 and exceed the number of residential meters in the future house building.
When joining a housing cooperative, a person fills out an application indicating the size of the share ; the decision to accept a shareholder is made at the meeting.
The opportunity to join is available to persons who are already 16 years old and legal entities.

Thus, the decision to organize a housing cooperative is made by both shareholders and founders.

The following details are considered through the meeting:

creation and registration of an institution;
the volume of introductory, membership and legal shares contributed by shareholders;
the management team is elected;
the plan for the final measures for the construction of an apartment building is being studied;
the calculation of shares in the completion of the construction of a high-rise building is carried out;
The charter is approved in accordance with Art. 113 Housing Code of the Russian Federation.

The voting results are recorded in the protocol, indicating all shareholders.

Now, let's take a closer look at the documents that are involved in creating a housing cooperative.

The main stages of creating a housing cooperative

How to create a housing construction cooperative? In order to create a housing cooperative, it is necessary to carry out several successive steps.

First of all, you need to come to an agreement with the residents who, together with you, want to stand at the origins of creating the organization. It is important that the number of persons be more than two, in which case the formation of a housing cooperative is already possible.
After all members have met each other, it is necessary to agree on a meeting. Holding a meeting is a necessary stage, since it is at this meeting that such an important document as the charter will be adopted, on the basis of which the housing cooperative will operate.
In addition, the entire course of the meeting will be subject to minutes being recorded by the secretary, after which this minutes will be attached to the charter.
Housing cooperative protocol.
A voting procedure takes place, which not only allows you to consolidate the charter, but can also become the basis for electing board members.
It is necessary to provide all meeting documents to the administration along with the application in order to properly register the housing cooperative as a legal entity, as well as a management organization. In addition, the application and copies of documents must be submitted to the Tax Inspectorate, as well as to the Housing Inspectorate.
Opening a bank account in the name of the housing cooperative.
After this, construction work begins. Funds are credited to a specific current account, and the owners can control it at any time. One of the privileges of this organizational and legal form is the ability to receive expense reports at any time.
After the construction procedure is completed, each member of the housing cooperative will receive real estate that will correspond to his contribution. From this moment on, a person can own, use, and dispose of the property.
Now the housing cooperative can take over the functions of a management company and manage the apartment building. It is obliged to take care of the territory and the building as a whole, and provide utility services to the owners. The owners pay for such activities of their management company in accordance with the tariffs (you can find out what housing cooperative property is and who is the owner here).

What documents will be required?

In order to create your own housing cooperative, you first need to familiarize yourself with the legislation.

Pay special attention to Article 116 of the Civil Code.

What documents may be required for housing cooperatives?

It is necessary to familiarize yourself with the local regulations that apply in your region. One of the most important documents when creating a housing cooperative is its charter. It is accepted at the meeting by all members of the cooperative, and strictly observed at all times.

IMPORTANT: It is necessary to attach a signed application for state registration in the form approved by Government Decree No. 212. The protocol of the decision to create a housing cooperative is attached.

It is necessary to attach a certificate of your existing legal address, as well as a document indicating payment of the state fee.

Functions of the initiative group and meeting

The purpose of creating an initiative group of a housing cooperative is to be able to hold a meeting, and it is there that representatives of the initiative group will speak and propose the main points of the charter, as well as other theses that will form the basis for the actions of the housing cooperative.

Members of the initiative group or founders of the housing cooperative, as a rule, become members of the organization’s board, which means they take the most active actions in the functioning of the company.

Representatives of this group regulate the activities of the housing cooperative, manage the budget, make proposals, convene a meeting, and also, at the initial meeting, formulate the charter and other documents on the basis of which the organization functions.

Selecting shareholders and determining the size of the share contribution

Since the housing cooperative is primarily engaged in construction, the first step is to determine the amount of the share contribution that will be transferred to the organization’s account by each owner.

It is necessary to determine the minimum threshold, after which a member of the housing cooperative can count on the provision of real estate to him.

The amount is determined based on the data provided by the members of the initiative group. They must have a plan that includes the stages of construction, as well as an estimate of costs per square meter.

REFERENCE: The square footage of the minimum square footage of housing is calculated, after which the amount is announced and becomes the size of the share contribution. The larger your share contribution, the larger housing area you can count on.

Development of the charter

The most important procedure is the development of the charter. This action allows each of the members of the housing cooperative to participate in the process, thereby leaving their mark on the history of the organization. There is a specific sample charter that can be taken as a basis. It should reflect:

rights and obligations of the parties, namely members of the board of housing cooperatives and owners;
basic requirements for each other;
financial questions;
liability measures;
nuances of cooperation;
terms of cooperation.

Items that members of the housing cooperative consider relevant and necessary for discussion can be added to the charter.

The charter cannot be signed and, therefore, enter into legal force if any of the owners does not agree with it. At the end of the drafting of the document, it is announced again, and then a vote is taken for acceptance or vice versa.

Charter of housing cooperatives.

Registration of housing cooperatives

What is this - registration of a housing cooperative? Registration of a housing cooperative is the registration of a legal entity. This activity is necessary for the organization to operate legally.

IMPORTANT: Therefore, immediately after the charter has been developed, it is necessary to create a package of documents that will include the charter and protocol, and take it to the Tax Office for registration of the housing cooperative.

It will not be possible to avoid registering the right of a housing cooperative, because this organization, like any other legal entity, is obliged to pay taxes to the state. Your package of documents will be reviewed within one week, after which you will be notified of the possibility of receiving documents for a newly created legal entity, or to justify the refusal.

In an individual case, you may be asked to provide additional papers, as well as details of an open account in the name of the organization. For activities such as managing an apartment building, a specific OKVED code is provided for housing cooperatives: 70.32.1. In accordance with this code, you will pay taxes using a simplified system.

Application form for state registration of a legal entity upon creation.

Sample application for registration of a legal entity upon creation.

Check out other materials about housing cooperatives on our website. Find out how accounting is kept, how to fill out applications and certificates to the housing cooperative, what fees members of the cooperative are required to pay, and how the housing cooperative differs from other forms of management.

Final stages

The final stage of creating a housing cooperative is the removal of an office, its equipment, hiring personnel for work, and then the preparatory work that precedes construction.

In fact, despite the fact that the creation of a housing cooperative and its functioning at the initial stages is a very troublesome task, nevertheless, by becoming a participant in such a process, you can be sure that you will independently monitor the maintenance of your home, which means you will succeed keep the building in the best possible condition.

After all, none other than the homeowners in the future are most interested in ensuring that all actions are carried out efficiently.

IMPORTANT: Also, the last stage is to hold a meeting among the owners and shareholders in order to once again familiarize themselves with the charter, as well as to announce approximate plans for the current year, which include either construction or trust management.

Now you know how to register a housing cooperative, what is the procedure for creating and operating a housing construction cooperative, and also how the legal status of their members is determined? We wish you good luck in creating a housing cooperative, because, despite all the complexity that can be traced in theory, in practice such a procedure will not become an impossible task for you. We hope that the activities of the organization will become your calling and will not disappoint you, and perhaps, having created a housing cooperative once, you will find your calling in this.

Statutory document

The charter is necessary for registration of a legal entity in the required bodies and is the main constituent document.

The charter contains the following information:

name of the institution;
location address;
subject and purpose of work activity;
method of enrollment as shareholders;
rules for leaving or expulsion from society;
liability for failure to comply with requirements;
the procedure for implementing decisions by management and control bodies;
way to get rid of losses;
method of reorganization and removal of an enterprise.

During the formation of the charter, it must be taken into account that in order to finance construction for amenities, the organization should be registered as non-profit . For this purpose, it is necessary to create a clear formulation of the list of types of its main activities, taking into account the requirements of the law on taxation of corporate profits.

If you want to learn more about the participation agreement, go here. Among other things, we provide you with information about differences from DDU, as well as:

how accounting is done;
right to join;
ownership;
as well as buying an apartment and mortgage.

You can leave the housing cooperative at any time for the sake of housing cooperatives.

Share contributions

This aspect is an integral part of the organization and state registration of a housing cooperative. Contributions are the main source of the organization’s property and are part of its composition ; it also forms the initial capital, the minimum amount.

The property of the organization, like all legal entities. persons are property. Residential premises are not the property of the enterprise only when a share has been paid for it.

also provides for the provision of a share contribution to cover the organization's losses , which is documented at the end of the year. This share must be paid within 3 months after the formation of the annual balance. If one of the members fails to make a share contribution, the responsibility falls on the shoulders of the other participants.

However, additional penalties should be resorted to in extreme cases , when the enterprise has exhausted its entire limit.

Documents for state registration

In order to register a legal entity, it is necessary to submit documents to the relevant tax authority. In general, state registration of a housing cooperative is the last stage of its creation. It is this procedure that provides the legal basis for carrying out its activities within the framework of the law. As for documents, the following are required:

statement;
a protocol containing information on the decision to create a housing construction cooperative;
constituent documents;
receipt of payment of state duty.

This is the main package of documents that the founders of a legal entity must provide for registration. If the founder of the organization is a foreign legal entity, then you must provide a corresponding extract from the register of the country where it is registered. The tax authority does not have the right to demand from a legal entity, including a housing construction cooperative, any additional documents not specified in this list.

Housing cooperative organization scheme

In order for the housing cooperative to acquire legal force and legitimacy, registration is carried out by the state registration authorities in accordance with Art. 51 of the Civil Code of the Russian Federation, Federal Law of July 8, 2001 “On State Registration of Legal Entities and Individual Entrepreneurs.”

List of papers required to open a housing cooperative:

Application for state registration of residential complexes in form 11001, approved by Decree of the Government of the Russian Federation dated January 1, 2001 No. 000.
Application form for state registration of residential complexes
The application is reserved by the signature of an authorized person, which is confirmed by a notary.
Minutes of the general meeting, signed by all participants.
Charter in 2 copies, 1 for the registering authority.
Papers confirming the presence of authorized capital or property and the value in monetary terms.
Receipt for payment of state tax, which corresponds to ten non-taxable minimum citizens.

This procedure in relation to the cooperative is implemented within a 5-day working period . During this time, detailed data is entered into the Unified State Register of Legal Entities, information about the organization is recorded in the register based on the provided folder of documents to the MIFTS.

After the procedure, the company has legal status. persons , and the citizens in the composition are called members of the housing cooperative with Part 5 of Art. 112 Housing Code of the Russian Federation.

The documents required for registration must be filled out in the state language , and the registration card must be in printed letters. All signatures are notarized.

Next steps to register a housing cooperative:

After receiving registration documents, the enterprise is included in the Unified Register of Enterprises and Organizations in the statistical authorities.
Perform the production of seals and stamps.
Registration of housing cooperatives in the Pension Fund.
In the Compulsory Social Insurance Fund.

To properly prepare the papers, you need the following information::

full and abbreviated name of the legal entity;
information about the management who has the right to perform work without a power of attorney, acting on behalf of the institution - General Director, manager and other senior staff;
if there are restrictions, the duration of the powers of these persons;
types of activities that this legal entity is obliged to carry out;
address, location, contact details;
information about persons on the board.

Organization of a housing construction cooperative: how is the decision made?

Being one of the forms of voluntary association of citizens (individuals and legal entities) for the purpose of organizing the construction of a housing project on a share basis, as well as its further management, housing construction cooperatives often act as the developer of an apartment building after receiving permission for these actions.

Chapter 11 of the Housing Code of the Russian Federation prescribes the entire organization procedure, as well as the features of the activities of housing construction cooperatives. As for the initial stage - the initiative to organize such an association - all questions on this topic find their answers in Article 112 of the RF Housing Code.

It says here that at least 5 citizens (legal entities) who make private investments in the construction of apartment buildings (they are also founders and shareholders) can initiate the creation of a cooperation of future apartment owners.

The total number of apartments in an apartment building under construction means the maximum number of founders whose participation is legitimate in discussing the organization of this team.

Protocol on the creation of a housing cooperative

The minutes of the first constituent meeting is another important paper required during legal registration. faces. There is a certain procedure for its maintenance, which is clearly visible in copies of this protocol.

Since 2014, this sample has undergone some changes in the design of the meeting of legal entities and the very content of the first constituent meeting has changed. All necessary papers with the Protocol and application in the required form are provided to the registration structures.

The first protocol contains information about the creation of the enterprise, name, authorized capital, composition of the founders and their shares in the capital. The first constituent protocol reserves the fact of choosing a leader.

The minutes contain information about the agenda that is important for the formalization of the organization.

All founders now become applicants , which means that everyone signs an application in form P11001 at the notary.

And the document indicates one founder who is responsible for government registration and payment of fees.

All shareholders are required to be present when submitting a package of documents to the Federal Tax Service or give permission to the representative certified by a notary to submit and receive documents.

Position of members

When a citizen is accepted as a co-founder, he is provided with premises commensurate with the shares contributed . This decision becomes the basis for moving a tenant into the house. Only on the basis of membership in the cooperative is it possible to own, use and dispose of the allocated territory.

A member or a certain number of them has the right to a share. The size of the share contribution is fixed by the charter .

It is possible to purchase documents for ownership of housing only after making a full deposit of the share.

The rights of Ch. 6 LCD “Common property of premises owners in an apartment building. General meeting of such owners (129 residential complexes).

If a member of the cooperative has not paid the full contribution and wants to leave, he has the right to do so with the consent of the shareholder and the board of the cooperative. If the departure is temporary, these residential meters are rented out. Empty premises are also available for rent until the owners arrive.

The grounds for termination of participation in the organization of housing construction and housing cooperatives are enshrined in Art. 130 LCD:

voluntary withdrawal of the shareholder;
expulsion of a participant from the cooperative by a majority;
liquidation of a legal entity that is a shareholder;
elimination of the housing construction cooperative;
the death of a person who is a co-founder of a housing institution. In this case, relatives have the right of priority to join the society and dispose of the appropriate living space.

Sample application for voluntary withdrawal from a housing cooperative

If a shareholder who has not paid the full contribution is excluded from the cooperative, the share belonging to him is returned within 2 months in accordance with Art. 132 LCD. In the event of demolition of a house owned by an institution, Articles 32 and 86 apply to members of the cooperative.

Membership Features

Persons who have reached 16 years of age and have submitted an appropriate application can participate in the organization of housing construction cooperatives. He is considered at a general meeting, and then a decision is made on admission to membership in the organization.

The procedure usually takes about a month. After this, the participant must sign the agreement and pay the entry fee. Confirmation of his participation in the housing cooperative is a membership book.

The main responsibility of all members of the cooperative is to make share contributions. The continuation of construction depends on this money. In addition to standard monthly payments, all members of the housing cooperative are required to pay an entrance fee.

Sometimes an organization may require participants to make additional share contributions to cover losses of the cooperative.

But this norm must be spelled out in the organization’s Charter, and members of the cooperative must vote for its inclusion in the constituent documents.

As for leaving the membership of the housing cooperative, for this you need to obtain the consent of the board. The procedure stipulates that he must be paid the entire amount contributed as a share contribution. But the entrance fee and additional expenses are not reimbursed.

In addition to voluntarily leaving the organization, you can lose membership in the following cases:

exclusion of a person by majority vote;
liquidation of housing cooperatives.

Information: all funds contributed upon leaving the housing cooperative are returned to the person within two months, unless otherwise specified in the constituent documents.

The share can be inherited, repurchased or assigned. For example, after the death of a member of an association, his rights may pass to his heirs. And along with the share, the obligation to pay contributions for obtaining housing also passes to them.