Procedure for registering a gardening non-profit partnership. SNT: transcript

Hello! We have a group of citizens who are owners of land plots. We want to create our own gardening non-profit partnership. Where should we start and where should we submit documents for registration? non-profit partnership? What should be included in the charter?
O. Mitrokhin, St. Petersburg

According to Art. 16 of Federal Law No. 66 “On horticultural, vegetable gardening and dacha non-profit associations of citizens”, a horticultural, vegetable gardening or dacha non-profit association is created on the basis of a decision of citizens as a result of the establishment or as a result of the reorganization of a horticultural, vegetable gardening or dacha association non-profit association. The number of members of a gardening, gardening or dacha non-profit association must be at least three people. The constituent document of a horticultural, gardening or dacha non-profit association is the charter approved by the general meeting of the founders of the non-profit association. The charter of a horticultural, gardening or dacha non-profit association must indicate:
organizational and legal form;
name and location;
subject and goals of activity;
the procedure for admission to and withdrawal from such an association;
the rights and obligations of such an association;
rights, duties and responsibilities of members of such an association;
the procedure for making entrance, membership, target, share and additional contributions and the liability of members of such an association for violation of obligations to make these contributions;
the procedure for the participation of a member of such an association in work performed collectively on the basis of a decision general meeting members of such an association or meeting of authorized persons or on the basis of a decision of the board of such an association;
the structure and procedure for the formation of management bodies of such an association, their competence, the procedure for organizing activities;
composition and competence of the control bodies of such an association;
procedure and conditions for conducting absentee voting (by poll);
the procedure for forming the property of such an association and the procedure for paying the cost of part of the property or issuing part of the property in kind in the event of a citizen leaving the membership of such an association or the liquidation of such an association;
terms of remuneration for workers who have entered into employment contracts with such an association;
the procedure for changing the charter of such an association;
grounds and procedure for expulsion from members of such an association and application of other sanctions for violation of the charter or rules internal regulations such an association;
the procedure for reorganization and the procedure for liquidation of such an association, the procedure for its entry into associations (unions) of horticultural, gardening or dacha non-profit associations, the procedure for opening its representative office.
In the charter of a horticultural, gardening or country house consumer cooperative The liability of the members of such a cooperative for its debts is also indicated.
The charter of a horticultural, gardening or dacha non-profit partnership also specifies the procedure for the formation of a special fund, which is the property of such a partnership. The provisions of the charter of a horticultural, gardening or dacha non-profit association cannot contradict the law Russian Federation and legislation of the constituent entities of the Russian Federation. Decisions of the governing bodies of a horticultural, gardening or dacha non-profit association cannot contradict its charter.
State registration of a horticultural, gardening or dacha non-profit association is carried out in the manner prescribed by the Federal Law on state registration legal entities.
Registration is carried out in tax office, at the location of the gardening.
The founders of a horticultural, gardening or dacha non-profit association are considered accepted members of such an association from the moment of its state registration. Other persons joining such an association are accepted into its membership by the general meeting of members of the horticultural, gardening or dacha non-profit association.
Thus, you need a decision of the founders, which is documented in the minutes of the meeting of founders, where you elect the board and chairman of the board, approve the charter, make a decision on the creation of gardening, the SNT charter itself, completed form P11001, you need to have it certified by a notary, a receipt for payment of the state fee .
N. Uvarov,
legal advisor of the Union of Gardeners
Newspaper "GARDENER" No. 51, 2011.

Order free receipt SNT land ownership is as follows:

Drawing up a description of the land plot

The owner does this with his own hand, indicating the land plot in the document, and then has the document certified by the chairman of the partnership.

Obtaining an opinion from the management of the partnership

It must confirm information about the applicant, as well as about the specific land plot and its location.

Appeal to the authorized government body

As a rule, this body is local authority municipal or state power, entitled by disposal of the land.

The following documents must be submitted to this authority:

• application for registration of land ownership;
• a copy of the gardener's membership card (or any other similar document);
• certified description of the site;
• conclusion of the management of the partnership;
• an extract from the Unified State Register of Legal Entities confirming that the partnership is non-profit;
• constituent documents of SNT;
• a certified copy of a document proving the applicant’s rights to the land.

It is worth considering that, depending on the situation, other additional papers may be required, the full list of which is better to check with the authorized body in advance.

Getting a solution

The legislation provides for a period of 14 days from the date of its submission for consideration of the application. During this period settlement decides whether to grant the citizen ownership rights to the plot. If the decision is positive, he will be issued a corresponding resolution authorizing privatization.

After this, the citizen needs to obtain a cadastral plan (if there is none) and apply for state registration of property rights to Rosreestr.

This will also require certain documents:

• application requesting registration;
• passport (or any other document proving the identity of the applicant);
• receipt of payment of state duty;
• title documents;
• cadastral passport.

The registration authority checks these documents and makes a decision within 30 calendar days from the date of application.

If the result of the review is positive, the citizen will receive a document confirming his rights to the land - a certificate of ownership.

Possible reasons for refusal

In some cases, an applicant for a land plot may be refused to receive it, but the reasons for this must be compelling. The main ones include the following factors:

Too much land area

The law establishes certain restrictions on maximum sizea plot that can be provided to one citizen or one family.

If the plot selected for receipt exceeds this value (separately or taking into account the land he already owns), then his application will be denied.

It is worth considering that the specific value of such a maximum area is established by the legislative acts of an individual subject of the Russian Federation and therefore may differ in different areas. In some localities, such a restriction is not established at all. Most often, 5, 10 or 15 acres are allocated per family.

Violation of the boundaries of a settlement or municipality

The site allocated or formed as a result of annexation should not extend beyond the boundaries of the locality in which the corresponding SNT is registered.

Lack of cadastral registration

This requirement is common to all plots that are leased or sold, regardless of their form of ownership. In this case, the property must be registered in the cadastral register and have a corresponding number. To do this, a land surveying procedure must also be carried out, with the help of which the boundaries of a particular area are precisely established.

The presence of violations in the activities of the SNT itself

For example, this may be the debt of a partnership as a legal entity to a local or federal budget, violation of fire or sanitary safety rules, etc.

Also great value has the presence of all necessary documents and them correct design.

In particular, it is necessary to indicate exactly what buildings are on the site and what type they belong to. If this requirement is not met, privatization may be refused.

Development possibilities

In addition to realizing the main goal, that is, maintaining agriculture, garden plot can be used by a citizen for the construction of certain objects on it.

The introduction of new changes to the land legislation of the Russian Federation has significantly simplified the registration procedure for plots located on the territory of SNT.

Owners of such real estate until the end of 2020 can quite simply privatize such plots, without having to pay any funds for privatization. However, to do this they will have to prepare an impressive package of documents confirming that they have the rights to use this property.

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Introduction

Procedure for registering a gardening partnership

Registration of a dacha non-profit partnership occurs in accordance with the listed laws on the basis of regulations or adopted at a general meeting of members of the organization or approved by the competent commission. When registering a partnership, you must submit constituent documents. Registration of a non-profit company is carried out on the basis of an application from an authorized representative of the organization.

Registration of a community of summer residents V government agency carried out in the following stages:

1. Determining the responsible representative and vesting him with the appropriate powers (when registering, it is necessary to obtain signatures from all founders of the organization).
2. Preparation .
3. Visit registration authority. It is worth saying here that general rule, registration of legal entities is carried out by the Federal Tax Service. However, a gardening (dacha) partnership is a non-profit organization, the registration of which is carried out by regional authorities Ministry of Justice of the Russian Federation. The legislator has established a deadline for office work - 3 days from the moment of submission of a properly executed package of documents. We can recommend contacting Multifunctional center(MFC).
4. Receipt receipts from a civil servant, containing a list of accepted documents and the number of sheets in each.
5. If errors and inaccuracies are identified during registration, registration may be canceled or suspended for a period of no more than one month. In this case, the applicant, within one day a corresponding notification is sent indicating all the reasons for revision.
6. Notifying the applicant about the completed registration and making an entry in accounting register.
7. Receipt of approved documentation.

Submission of the application and attached documentation is carried out in regional registration authority by location gardening partnership. Submission of papers can occur through a personal visit to a government agency, sending documents by registered mail with the establishment of its value or through the Internet communication network (if the company has a digital signature).

List of documents for registration

The form of documents and the procedure for their submission for registration of a legal entity are approved by the Order of the Federal Tax Service of Russia (Federal Tax Service of the Russian Federation) “On approval of forms and requirements...” dated 01.25.12. Necessary documentation for registration of a gardening partnership:

• The main constituent document is the charter of the partnership. You can view and download here: .
• Transfer deed or separation balance (at ).
• Passport or other identification document of the representative non-profit organization.
• Application for registration.
• Power of attorney for a representative, certified by a notary or the managing body of the dacha partnership.
• A protocol or regulation on the creation of an organization adopted by its members or founders.
• Receipt of payment state duty for office work.
• Certificate from the Pension Fund of Russia (PFR) certifying the submission of all necessary information(during the reorganization of a dacha partnership).

If a non-profit organization is created through reorganization, then the application for registration is submitted within 3 working days from the moment such a decision is made.

Decision on registering a gardening partnership

Decision on registration of a non-profit organization carried out within 3 days after submitting a package of documents. The official fact of registration of a partnership is making an entry about it in Unified State Register of Legal Entities.

After the decision is made by the authorized registration body, the representative of the organization receives:

• Certificate of state registration.
• A certified copy of the charter.
• Extract from Unified State Register of Legal Entities.
• Certificate of registration.

Registration of gardening partnerships V regional administration Ministry of Justice is mandatory for those of them that exist at the expense of a specialized fund and are registered as legal entities.

Refusal to register a horticultural (this) partnership

Refuse registration of a gardening partnership may for the following reasons:

1. Inconsistency of documents when submitted or unreliability of the information they contain.
2. Violated application deadline.
3. Claims from third parties. For example, appealing a decision to reorganize a dacha partnership in court.
4. Errors in financial statements.
5. Consent has not been obtained from all founders of the organization.
6. Submission of documentation to the wrong registration authority (proves the advantage of using multifunctional centers).
7. There are no participants, users or founders in the partnership being formed.

Based on reasoned refusal The registration authority forms an appropriate decision and sends it to the applicant. Deadline for sending notification – day from the moment the document is approved.

The decision to refuse registration can be appealed in accordance with Federal Law No. 129 of 08.08.01. According to the standard, if a dacha partnership is formed as a legal entity, the decision of the registration authority can be appealed to a higher institution or court.

The appeal period is 3 months from the moment when the interested person learned about the violation of his rights or received a notification with a decision to refuse.

A reasoned refusal to register a legal entity must contain a complete list of violations that require elimination. For this until the moment re-registration the representative of the dacha association has one month.

Example for registering a gardening partnership

The representative of the reorganized horticultural society Gremyako Anatoly Vasilievich contacted regional arbitration court with a claim against the regional department of the Ministry of Justice. Requirement: cancellation of refusal to register a newly formed company.
Based on a lengthy investigation, it was established that the authorized body required an additional package of documents not specified by federal laws. As a result, the court revealed a violation of the rights and legitimate interests of the plaintiff and ordered the registration of the horticultural society.

Conclusion

Registration of a gardening (dacha) partnership carried out in the management of the Ministry of Justice by submitting an appropriate application and annex to it necessary documentation. Main details of registration:

1. Registration is completed within 5 days from the moment of submission of the package of documents established by law.
2. A similar period is set for the procedure reorganization of the partnership.
3. In case of discovery of new circumstances, the office work may be suspended for one month.
4. If registration is denied, the decision can be appealed to a higher authority or court.
5. If the application is satisfied, the authorized representative of the organization receives a corresponding notification of successful registration, and data about the created organization is entered into the Unified State Register of Legal Entities.

The most popular question and answer regarding registration of a gardening partnership

Question: Good afternoon. My name is Valentin Nikolaevich. Where can I register a newly formed dacha partnership?

Answer: Hello, Valentin Nikolaevich. According to Federal Law No. 129 dated 09/08/01, You can register a non-profit organization in the regional department of the Ministry of Justice of the Russian Federation. If your organization is created at the expense of voluntary activities, registration takes place in RosReestre by registering the transfer of property rights to the group. To avoid confusion, contact your regional MFC, providing a multifunctional range of services (the only disadvantage is more long term expectations for 2-3 days).

When registering SNT, you should adhere to step by step instructions, which remains the same in 2019. Despite the status of a “non-profit organization”, its activities are regulated by Federal Laws No. 66, No. 7, No. 99, as well as the Land and Civil Codes of the Russian Federation.

A person who has a plot of land intended for horticultural purposes has the right to unite in an SNT with other owners of plots in the same territory. The essence of the activities of such associations is to collect cash from each participant in the garden partnership for the development and improvement of the territory. At the same time, the use of general money for personal needs is unacceptable and entails the application of legal liability measures to the citizen. To register a gardening partnership, it is enough to submit a package of documents to the relevant authority.

Creation of SNT

A garden partnership is a non-profit association voluntarily created by people who have purchased a plot of land in a specific area intended for growing a garden, vegetable garden and building a summer house. To join a partnership, it is enough to own such a plot, to use it under a lease agreement, or to be its founder, as well as to have a desire to become a participant in this partnership.

First, you need to choose the organizational and legal form of the future business entity. In our case, we will talk about SNT, although the work of non-profit associations with a different abbreviation is subject to the norms of the same laws.

Having decided on the OPF of a non-profit organization, a meeting should be held among the participants of the partnership, which should be open. At this meeting, a number of organizational issues are resolved and voting is held, based on the results of which a decision is made on:

• creation of a garden partnership;
• approval of the previously drawn up Charter;
• election of the chairman and members of the board, as well as the audit commission, to the SNT;
• other issues.

All details of the meeting are recorded by the secretary in the minutes.

Federal Law No. 66 limits the terms of election of SNT participants:

Minutes of the general meeting

Even one person is enough to hold a meeting, and the maximum number of people present is not limited. The text of the protocol reflects the following information:

• document number;
• full name of SNT;
• date, time and place of the meeting;
• results of voting to elect the chairman and secretary of this meeting;
• a list of issues and problems put forward for resolution by general vote;
• voting results and decisions made on items on the agenda.

The protocol is personally signed by the chairman and secretary, and in Appendix No. 1 the full name should be indicated. everyone present at the meeting.

Charter of the gardening partnership

If you don’t know how to create a competent draft Charter, you can simply download a sample of it on the Internet, carefully read the text of the document and enter the data of your organization.

For those who independently decided to develop the Charter of their SNT, it should detail:

• how a partnership is created;
• what rights and responsibilities are vested in SNT participants;
• how to join and leave a gardening partnership;
• who is on the board, how board members are appointed and what they are responsible for;
• from whose funds the partnership fund will be formed, and for what purposes it will be spent;
• who and how will control the intended use of the organization’s funds;
• what to follow when reorganizing a partnership;
• what consequences occur in the event of liquidation of SNT.

Registration procedure for a garden association

The above actions are enough to organize a non-profit partnership of gardeners. In order for it to function within the framework of the SNT law, it is necessary to register and obtain the appropriate certificate.

In accordance with amendments to the law, from September 1, 2014 gardening partnerships, previously registered through the INS branch as a legal entity, must make changes to the Charter on membership in a non-profit organization and have them certified by the tax office. Today, the registration of non-profit associations is carried out by the Ministry of Justice of the Russian Federation.

After paying the mandatory state fee for the procedure for creating a non-profit partnership, the following documents are submitted to the registration authority:

• Minutes of the meeting of SNT participants;
• Charter of the garden association;
• Transfer certificate and certificate from Pension Fund(in case of reorganization);
• personal passport of the citizen appointed authorized person;
• a notarized power of attorney giving the authorized person the right to act on behalf of a specific garden association;
• check for payment of state duty;
• a written application for the creation and registration of SNT in form No. P11001, a writing template for which is easy to find on the Internet.

Within three calendar days, a decision to create a partnership will be made and it will be registered in accordance with regulations. Upon completion of the procedure, it is recommended to order an individual seal of the partnership and open a bank account where membership and target contributions will be received.

If the documentation is in order, then you can create an SNT and register it by contacting an MFO or via the Internet on the State Services website.

The last stage that completes the procedure for creating and registering SNT is the receipt by an authorized person of:

• Certificates of state registration;
• copies of the Charter, certified in accordance with the law;
• certificates from the Unified State Register of Legal Entities;
• certificate that this gardening association is registered.

Special cases

Citizens who have a plot of land for gardening and have joined the corresponding partnership have the right not to register this association. In this case, the rights of the participants are not protected by the laws applicable to gardening partnerships.

If a gardening association is formed with funds received from its participants voluntarily as membership fees, registration in this case will be handled by Rosreestr.

Registration may be refused by the employee conducting this procedure, and the opportunity to resubmit documents is provided after a month. Failure occurs for a number of reasons:

1. The employee receiving the package of documents discovered inaccuracies or errors.
2. The legal deadline for filing an application for registration has expired.
3. Lack of a decision by the judicial authorities on a third party’s claim regarding the activities of the garden association or its reorganization.
4. The financial statements were prepared with errors.
5. Not all founders of the partnership agreed to register this subject management.
6. The wrong branch of the body responsible for this procedure was selected for registration.
7. The gardening partnership does not have founders, board members or participants.

The decision to refuse registration must be sent to the applicant no later than one day from the moment of discovery of inconsistencies. This decision is subject to appeal on the basis of Federal Law No. 129 within a period of no more than three months as soon as it was served on the applicant.

TOPIC: Creation of a garden partnership

Question: We are 7 shareholders, who own 50 hectares. agricultural land. How can we organize a gardening partnership and what is needed for this?

Answer: The creation of horticultural, vegetable gardening and dacha non-profit associations, which includes a gardening partnership, is regulated by Federal Law No. 66-FZ of April 15, 1998 “On horticultural, vegetable gardening and dacha non-profit associations of citizens.” Article 16 of this law regulates the creation of a horticultural, gardening or dacha non-profit association. In order to create a gardening partnership, a decision of citizens who wish to create such a partnership is necessary, and the number of members of the gardening partnership must be at least three people.
The founding document of a gardening partnership is the charter approved by the general meeting of founders. The charter of a gardening partnership must indicate:

organizational and legal form;
name and location;
subject and goals of activity;
the procedure for admission to and withdrawal from such an association;
the rights and obligations of such an association;
rights, duties and responsibilities of members of such an association;
the procedure for making entrance, membership, target, share and additional contributions and the liability of members of such an association for violation of obligations to make these contributions;
the procedure for the participation of a member of such an association in work performed collectively on the basis of a decision of the general meeting of members of such an association or a meeting of authorized representatives or on the basis of a decision of the board of such an association;
the structure and procedure for the formation of management bodies of such an association, their competence, the procedure for organizing activities;
composition and competence of the control bodies of such an association;
procedure and conditions for conducting absentee voting (by poll);
the procedure for forming the property of such an association and the procedure for paying the cost of part of the property or issuing part of the property in kind in the event of a citizen leaving the membership of such an association or the liquidation of such an association;
terms of remuneration for employees who have entered into employment contracts with such an association;
the procedure for changing the charter of such an association;
the grounds and procedure for expulsion from members of such an association and the application of other sanctions for violation of the charter or internal rules of such an association;
the procedure for reorganization and the procedure for liquidation of such an association, the procedure for its entry into associations (unions) of horticultural, gardening or dacha non-profit associations, the procedure for opening its representative office.

The charter of a horticultural, gardening or dacha non-profit partnership also specifies the procedure for the formation of a special fund, which is the property of such a partnership.

The creation of a gardening partnership is subject to state registration. Documents necessary for a non-profit organization, introduce themselves to the authorized body or its territorial body no later than three months from the date of the decision to create such an organization. Registration of non-profit organizations is carried out by territorial body of the Ministry of Justice of the Russian Federation. According to paragraph 5 of Art. 13.1 of the Federal Law of January 12, 1996 No. 7-FZ “On Non-Profit Organizations” for state registration non-profit organization upon its creation into an authorized body the following documents are submitted:

1) an application signed by an authorized person (hereinafter referred to as the applicant), indicating his last name, first name, patronymic, place of residence and contact telephone numbers;
2) constituent documents of the non-profit organization in three copies;
3) decision to create a non-profit organization and approve it constituent documents indicating the composition of the elected (appointed) bodies in two copies;
4) information about the founders in two copies;
5) document confirming payment of state duty;
6) information about the address (location) of the permanent body of the non-profit organization at which communication with the non-profit organization is carried out;
7) when using in the name of a non-profit organization the name of a citizen, symbols protected by the legislation of the Russian Federation on the protection intellectual property or copyrights, as well as the full name of another legal entity as part of its own name - documents confirming the authority to use them.

The authorized body does not have the right to require the submission of documents other than those listed above.

As for rights to land plots, it should be noted that Federal law“On gardening, gardening and dacha non-profit associations of citizens” involves the creation of a dacha, gardening or vegetable garden non-profit association on lands owned by the state or municipally, and does not apply to cases of creation of such a non-profit association on lands privately owned by a citizen or legal entity . The latter procedure is very popular in practice, but is not regulated by law. This model itself does not contradict current legislation if, during its implementation, the basic requirements of the law related to compliance with the procedure for changing the permitted use for such sites (their intended purpose formally does not change, since summer cottages agricultural products are also grown). Currently, the owner of a land plot, regardless of whether he is a citizen or legal entity, has the right to change the type of permitted use of the land plot “for agricultural production” to the type of permitted use “for gardening, vegetable gardening, summer cottage construction” based on a decision of the local government body, taking into account public hearings.
From the content of paragraph 4 of Article 14 of the above Law, it follows that members of a non-profit partnership are provided with land plots as their own (that is, in our situation they remain the property of the founders of the partnership), and the partnership is provided with land plots related to common property.

Lawyer of PRESIDENT CONSULT LLC Osipova E.