Pros and cons of housing cooperatives. About the association funds

Hello! In this article we will talk about consumer cooperatives.

Today you will learn:

1. When and for what purpose were cooperatives created?
2. What cooperatives operate today;
3. How consumer cooperatives are reorganized and liquidated.

Consumer cooperatives are such associations of citizens or legal entities that allow them to engage in business and receive benefits on taxes and fees. Today we’ll talk about how cooperatives are created and how they function.

A little history

The first cooperatives in world history began to operate in Great Britain. They were created by various kinds of philanthropists who wanted, one way or another, to make the lives of workers easier. Participation in the cooperative gave them the opportunity to buy goods at a low price.

Trade and procurement cooperatives were common in the Soviet Union.

They solved several problems:

1. Purchase raw materials from the population;
2. Produce food products based on those goods purchased from the population;
3. Carrying out retail trade.

In the 90s, 30 million residents of our country were part of cooperatives.

Production and consumer cooperatives

Structures of this type currently provide citizens with various opportunities.

For example:

• Start your own bissnes;
• without licensing procedure;
• Get a loan quickly and not at extortionate interest rates.

This is not a complete list; there are many other possibilities. We'll talk more about them a little later. Now let’s look at the concept itself and its essence.

This cooperative is a legal entity, and all its participants have personal shares. If a participant leaves the cooperative, he receives his contribution back.

Participants are ordinary citizens who are not obliged to do so, and the main document is the Charter, which is approved by all members of the cooperative at a general meeting.

In this case, the authorized capital is not formed, and all the property of the cooperative is divided into shares of its participants.

All members of the organization have the right to leave the cooperative if they make such a decision. At the time of exit, the person must be paid the value of his share or given the property that corresponds to this share.

Now let’s talk a little more about consumer cooperatives.

Creation of a consumer cooperative

The process of creation and functioning of these associations, as well as all others, is regulated by the legislation of the Russian Federation. The legal regulator here is Federal legislation, special regulations, as well as the Civil Code of the Russian Federation.

The cooperative receives funds for its work in the form of contributions made by participants.

The founders of such a cooperative can be any citizen over 16 years of age. The founders must include at least 5 ordinary citizens or at least three legal entities.

Consumer cooperatives solve a number of the following problems:

• Creation of various trade organizations for the purpose of providing material details of the participants of the company;
• For procurement, production or any other activity;
• To provide production and household services members of the consumer society.

Participants' rights:

• Voluntarily join and leave a cooperative;
• Be elected to the governing bodies of the cooperative;
• Conduct activities that help achieve the goals set for the cooperative;
• Receive payments due to participants;
• Sell ​​your goods or products through a consumer society;
• Study in educational institutions consumer cooperation;
• In case of violation of your rights and interests, seek protection from the judicial authorities.

How to register a consumer cooperative

This process is practically no different from the registration procedure for other business entities.

In order to register, you need to collect the following package of documentation:

• An application filled out by hand or typed on a computer;
• A photocopy of the minutes of the founders' meeting;
• The original charter - 2 copies;
• Passport of each founder;
• Constituent documentation of legal entities, if any are among the founders.

At the same time, we note that there is no need to register a cooperative with the Ministry of Justice. It is enough to submit all the documentation to the Federal Tax Service at the location of the cooperative. The decision on registration will be made within a week.

All documentation can be sent to the Federal Tax Service in different ways:

• Via Russian Post by a valuable letter with an inventory of the contents;
• Come to the Federal Tax Service department in person;
• Through MFC;
• By email.

You can provide all the papers personally or your representative by power of attorney, which is certified by a notary.

Reasons for refusal of registration.

In practice, there are several reasons why you may be denied registration of a cooperative.

We will look at the most common ones:

• The application is completed with erasures, additions and corrections;
• You have provided an incomplete address or it does not correspond to the actual address of the cooperative;
• The name of the cooperative violates the requirements of the law;
• When filling out the paperwork, you provided questionable or false information;
• The set of documents does not contain the necessary papers.

Another reason for refusal is the presence of extraneous marks in the applicant’s passport.

The following case took place: the applicant submitted documents to register a cooperative. Moreover, on one of the pages of the passport there was a stamp stating that this person was registered in the territory of one of the republics of the North Caucasus. The recordings were made in two languages.

Registration of the cooperative was refused due to the fact that the marks on foreign language should not be in the passport of a citizen of the Russian Federation.

If you are denied registration, correct all errors and resubmit the documentation.

Advantages of consumer cooperatives.

The advantages here are:

• All participants have equal rights in terms of managing the cooperative. Each of them has one voice;
• The number of participants is not limited;
• Participants can exchange shares;
• There is no need to register changes in the membership of the cooperative;
• The shares of each member of the cooperative can be transferred to their heirs;
• Members of the cooperative can purchase property with installment payments, and so on.

What types of cooperatives are there?

IN modern world The classification of cooperatives is extremely diverse. According to statistics, there are about 130 various types and subtypes of cooperatives.

We, of course, will not consider this entire volume, since it is simply impossible within the framework of one article. But for the most known species Let's pay attention and then give a characteristic.

So, first of all, all cooperatives are conditionally divided into consumer and industrial. There are differences between them, although the essence itself is the same.

Consumer cooperatives, in turn, are divided into:

• Attendants;
• Sales;
• Processing;
• Supply.

There is another group of cooperatives - mixed character.

They are also called production-consumer. Moreover, this type is more common in the Russian Federation than others.

Producer cooperatives, in turn, are also divided into two broad groups. Moreover, the division looks rather banal: agricultural And non-agricultural.

Agricultural ones include:

• Collective farms;
• Fishing artels;
• Cooperative farms.

By the way, collective farms are currently experiencing a revival. Everything that was destroyed and closed in the 90s is being restored, and in some regions of the country collective farms are already functioning successfully, for example, in the Novosibirsk and Oryol regions.

If everything is clear with the first group, then the second includes:

• Country houses;
• Housing and construction;
• Housing and savings;
• Garage;
• Horticultural;
• Credit.

In the next part of our article, we propose to discuss the classification of consumer cooperatives and become familiar with their characteristics.

Agricultural cooperative

As we have already mentioned, such cooperatives are becoming increasingly popular in the Russian Federation.

When we talk about this type of cooperative, we need to understand that we are talking about either agricultural producers or citizens who run private household plots. Such a structure is formed on the basis of voluntary membership, and is created so that activities can be carried out jointly.

In addition, agricultural cooperatives can be both consumer and production.

So, first, let's define the terminology. First of all, let's find out who can be a member of the cooperative and who they are.

Cooperative members – these are citizens or legal entities that meet the requirements specified in the statutory documents and legislation. They are also required to make share contributions. If all this is fulfilled, then the members of the cooperative are given the right to vote.

Worker – in this case, this is a person who works on the basis of an employment contract concluded with him.

Share contribution is the amount of money that each member of the cooperative contributes to the organization’s fund. In addition to finance, this could be a piece of land.

Agricultural producer is a citizen or legal entity that produces any product.

All members of the cooperative can be divided into 2 groups: ordinary and those receiving dividends. Moreover, the second category of participants may not be active.

Purposes of creation.

Such structures are created for specific purposes.

Most often they are:

• Receive economic benefits;
• Receive mutual assistance.

Everyone who is an official member of the cooperative receives a membership book, which records the dates and amounts of contributions you have made.

Agricultural consumer cooperative.

In this case, we are talking about a cooperative that belongs to an agricultural producer. Used in management democratic principles, such as: the participants of the cooperative are provided with everything necessary to run their farms, the management strives to increase the profit of each participant.

Agricultural production cooperative.

This is already a commercial organization. It is briefly referred to as SPK. Moreover, each member of such a cooperative is obliged to personally participate in its work, and all important decisions are recorded in the minutes.

Who runs the cooperative?

Supreme body – general meeting participants. Such a meeting makes all decisions that relate to the work of the cooperative.

The meeting has a very wide range of powers and can overturn decisions made by the board.

Without the participation of the general meeting, the management process is impossible. By the way, the general meeting makes a decision on the admission of members of the cooperative, as well as on their exclusion from the membership.

Credit cooperative

Those who grew up during the Soviet era remember the existence of mutual aid funds. They were often created in enterprises to support workers. In such a cash register it was possible to obtain an interest-free loan, and the cash register was formed from contributions from the enterprise’s employees.

Currently, credit cooperatives operate similarly. Loans, of course, are issued at a certain interest rate, but the investor also receives his own income.

To put it simply, loans are provided to people who are members of the cooperative at the expense of shareholders.

Such an organization does not have the goal of making a profit. Those who need money are given loans, but if you are not a member of the cooperative, you cannot count on a loan.

Work principles:

• Outsiders cannot manage the cooperative;
• Each participant has the right to receive financial assistance;
• All participants have the same rights, and it does not matter what contribution each of them made;
• Responsibility for the work of the cooperative is the same for all its participants;
• Joining and leaving a cooperative is a purely voluntary matter;
• The cooperative must be a member of an SRO;
• All activities are carried out on the basis of the Charter, which was approved earlier.

What are the benefits of creating such cooperatives? The fact is that these organizations have tax benefits and can engage in investment activities (to the extent permitted by law).

If you are a member of such a cooperative, then in order to get a loan, you do not need to worry about an ideal credit history; no one will look at it under a microscope.

You also don’t have to collect and bring salary certificates and other documents. In addition, if you plan to become an entrepreneur in the future, you can take out a loan and it will be your starting capital.

If we talk about attracting personal savings, then in a cooperative the rates are higher than in a banking organization, by 10 percent.

Main types of credit cooperatives.

There are actually a lot of credit cooperatives. We will tell you about the most famous types.

1. Agricultural type PDA.

Their specialization is lending to the agro-industrial sector.

Example. Several families lead farming. They decided to unite and registered a cooperative. Previously, farmers simply could not purchase expensive equipment, but by uniting, they were able to do this. The result is an increase in the income of each household.

Such cooperatives often enter into cooperation agreements with various banking institutions. The main partner is usually Rosselkhozbank.

2. Housing cooperative.

They are created to solve housing issues of cooperative members. But before joining such an association, first talk to lawyers, as there is a high risk of encountering scammers who will take not only your money, but also your existing housing.

What are the funds of the CCP formed from?

The cooperative receives funds from several sources:

• From participant contributions;
• From % for loans issued;
• funds that are attracted from outside.

Pros and cons of PDAs.

As with any other activity, this one also has its positive and negative sides. Now let's talk about them.

Pros:

• You can get a loan if for some reason you are refused by a banking organization;
• The state practically does not interfere in the activities of the CCP, only exercises reasonable control;
• Credit cooperatives invest in a specific business.

Minuses:

• The state does not guarantee the safety of deposits;
• Lending is more expensive than in a banking organization;
• Deposits are subject to taxes;
• You cannot get a loan in foreign currency.

PDA and fraud.

Credit cooperatives are now becoming increasingly popular, because of this, various financial pyramids can operate under such a guise.

To avoid getting caught in their web, follow a few simple tips:

• Check the availability of PDAs in the register on the website of the Central Bank of the Russian Federation;
• Check whether the CCP is a member of the SRO;
• If the advertising campaign is too intrusive and aggressive, treat such a cooperative with caution;
• Avoid co-ops that offer incentives for recruiting new members.

Dacha cooperative

Dacha consumer cooperatives are being created ordinary people. There should be no less than three participants in such a cooperative. A decision made by citizens is sufficient to create it.

The founding document of the cooperative is the Charter, which was adopted at a meeting of all participants. Those citizens who are already 16 years old and have a plot of land located within the boundaries of this cooperative can join a cooperative.

A dacha cooperative can engage entrepreneurial activity, if it corresponds to the purpose of its creation, and it is considered created from the moment it has passed state registration.

Cooperatives of this type can open accounts with banking organizations in the Russian Federation.

All members of the dacha cooperative can:

• Act in court as plaintiffs and defendants;
• Seek protection of your rights from the judiciary;
• Conclude contracts of various types.

In order to reorganize or liquidate such a cooperative, it is necessary that a decision be made by the general meeting of all its participants.

Horticultural cooperative

Usually organized to ensure that citizens' rights to ownership and disposal are exercised garden plots land. Three people can create such a cooperative, and the main document will be the Charter.

Cooperative members are obliged to:

• Do not harm the environment;
• Use the plot of land for its intended purpose;
• Make contributions and pay taxes on time;
• Within three years, develop a plot of land.

If such a cooperative is liquidated, its former participants do not lose rights to plots and other real estate.

It is possible to reorganize a gardening cooperative if such a decision is made by the general meeting of its participants.

Garage cooperative

Garage cooperatives are a common phenomenon these days. Moreover, this is not just an association of several people, but a legal entity. Therefore, let us define not just the concept, but also the functions of such cooperatives.

How to register a garage cooperative.

If you are a resident big city and at the same time the owner of the car, then the problem of parking spaces is very relevant for you.

Of course, you can park your car in the courtyard of your house, but this is fraught with conflicts with other residents. To avoid this, you should consider creating a garage cooperative.

This is a non-profit organization, generating income will not be your main goal. The procedure itself has a number of features, so we’ll talk about them now.

An initiative group needs to be organized from car owners. This group, in turn, develops the Charter of this cooperative.

Without a Charter, an organization will not be able to conduct its activities legally. Be sure to include sources of financing in the Charter and describe the process of forming a cooperative.

Before registering, open a checking account and accounts for each member of the cooperative at a banking institution so that they can receive contributions.

Then draft a lease agreement. land plot, where the cooperative is located.

I would like to note that it is better to entrust the design and development of all documentation to specialists.

Documentation package for registration.

• Receipt confirming payment of the state duty;
• Statement;
• Minutes of the general meeting.

You will have to collect documentation a large number of, so choose a chairman of the cooperative who can handle the preparation of documents and deal with tax and legal intricacies.

To privatize a plot under garages, you will also have to collect a lot of documents:

• Passport for the land plot;
• A copy of the document confirming the right to use the site;
• Unified State Register certificate;
• Extract from the Unified State Register.

In the process of creating a cooperative, you need to understand that each member of the cooperative is responsible for the cleanliness and fire safety allocated territory. If violations are discovered, you will be held accountable.

In addition, legislation is constantly changing, so keep track of the latest information.

Housing cooperative

The legislation in force in the Russian Federation gives this organization the following definition: it is a type of consumer cooperative that is created in order to provide its participants with housing, which is built at their expense.

The activities of the cooperative housing complex of the Russian Federation are regulated. Not only ordinary citizens, but also legal entities can join the organization. To create such a cooperative, you need at least 50 participants.

Types of housing cooperative:

• Housing and savings;
• Housing and construction;
• Housing.

Each type has its own characteristics, but LCD and ZhSK are similar to each other. The difference between them is that the participants of the housing complex conduct activities in relation to a house that has already been built, and the participants of the housing cooperative themselves initiate and organize the process of building a house.

As for the housing estate, he usually does not have a specific house in mind. His task is to use the money accumulated from share contributions to buy housing in different properties.

Pros and cons of housing cooperatives.

Pros:

• The opportunity to become the owner of your own home, and cheaper than with;
• It’s easy to join a cooperative: a passport and work permit are enough;
• There is no need to confirm your solvency.

Minuses:

• It is necessary to make significant amounts of contributions;
• If you cannot make contributions, you will lose your property;
• If you lose your solvency, no one will reimburse you for the money already paid.

How to register a residential complex.

To do this, you need to contact the Federal Tax Service and provide a package of documentation:

• Application signed by each participant;
• Protocol with the decision to create;
• Charter;
• Receipt of payment of the registration fee.

A cooperative is created from the moment the necessary entry is made in the Unified State Register.

To join a cooperative, you need to write an application addressed to the chairman. Within a month, the general meeting of participants will decide whether to accept a new participant.

Reorganization of consumer cooperatives

The decision on reorganization is made by the general meeting of members of the cooperative.

The Board, in writing, sends each participant a notice, to which is attached:

• Justification of the need for reorganization;
• Draft decision on reorganization.

In some cases, reorganization is carried out based on a decision of the judicial authorities.

During the reorganization process, the Charter is necessarily adjusted.

During the reorganization, the rights and obligations of the cooperative will transfer to the legal entity that will be created.

If the cooperative members believe that the terms of the reorganization are unacceptable to them, they can leave the cooperative and demand payment of their shares.

How to liquidate a cooperative

It can be eliminated in several cases:

• If the general meeting of participants decides so;
• By court decision if the cooperative has grossly violated the law;
• If the structure is declared bankrupt.

If the decision is made by the general meeting of members of the cooperative, then 2 protocols are created:

• A protocol that records the decision on liquidation itself;
• Protocol on the creation of a liquidation commission.

Within three days after the meeting is held, members of the liquidation commission must notify the Federal Tax Service of the liquidation of the cooperative. Notification must be made in writing.

In the liquidation procedure you will need:

• Constituent documentation;
• OGRN certificate;
• Photocopies of passports of each member of the liquidation commission.

Procedure algorithm:

1. A decision on liquidation is made and recorded;
2. A package of documentation and an application for liquidation are submitted to the Federal Tax Service;
3. An entry is made in the Unified State Register of Legal Entities stating that the cooperative is in the process of liquidation;
4. A notice of the liquidation of the cooperative is published in the State Registration Bulletin.
5. Federal Tax Service specialists come and check the liquidation balance;
6. The balance is approved, the cooperative is liquidated.

After completion of the liquidation process, the remaining property is distributed among the participants in accordance with how it was stated in the constituent documents.

Conclusion

Summing up our conversation, I would like to note that consumer cooperatives are a relevant phenomenon today. They are created and function quite successfully and benefit not only their participants, but also the state.