Approved
General meeting of members
horticultural non-profit
partnership
Protocol No. 1 dated __.___.20__
Chairman of the Board of SNT "___________"
________________________________________
(signature)
Charter
horticultural non-profit partnership
«_________________________»
1. General provisions
1.1. The horticultural non-profit partnership "Berezka" (hereinafter referred to as the Partnership) was created in accordance with the Federal Law of April 15, 1998 No. 66 - Federal Law "On horticultural, gardening and summer cottages" non-profit associations citizens" on general meeting founders of the horticultural non-profit partnership "__________" _____ date month year.
1.2. The partnership was formed on land plot No. ____ near the village _______ __________ district of the Moscow region with an area of _____ hectares in accordance with the Resolution of the Head of the __________ district of the Moscow region dated ______________, No. ___________.
1.3. The founders of the partnership are citizens of preferential categories, residents of the city of Moscow. Land mass consists of individual garden plots and public lands.
1.4. The organizational and legal form of the Partnership is a horticultural non-profit partnership (SNT).
1.5. The full name of the Partnership is Horticultural Non-Profit Partnership “___________”. The abbreviated name is SNT “________”. Location at the address: index, Moscow region, _______ district, village ______, building ___.
2. Subject and goals of the Partnership’s activities
2.1. Horticultural non-profit partnership "__________" is a non-profit organization established by citizens on a voluntary basis to assist its members in solving general social and economic problems of gardening.
2.2. To conduct gardening, citizens use their garden plot of land - a plot provided to a citizen or acquired by him for growing fruit, berries, vegetables, melons or other agricultural crops and potatoes, as well as for recreation (with the right to erect a residential building without the right to register residence in it and economic buildings and structures).
2.3. To solve general social and economic problems, common property is used - property (including land plots) intended to provide, within the territory of the Partnership, the needs of its members for passage, travel, water supply and sanitation, electricity supply, gas supply, heat supply, security, recreation and other needs (roads, water towers, common gates and fences, boiler rooms, children’s and sports grounds, waste collection areas, fire fighting structures, etc.).
3. Legal status and powers of the Partnership
3.1. The partnership is considered created from the moment of its state registration, owns separate property, an income and expenditure estimate, a seal with the full name of the partnership in Russian.
3.2. The Partnership has the right, in accordance with the established procedure, to open bank accounts in the territory Russian Federation, have stamps and forms with their name, as well as a duly registered emblem.
3.3. In accordance with civil law, the partnership has the right to:
Carry out the actions necessary to achieve the goals provided for by the Federal Law of April 15, 1998. No. 66-FZ “On gardening, gardening and dacha non-profit associations of citizens” and the Charter of the Partnership;
Be responsible for your obligations with your property;
On its own behalf, acquire and exercise property and non-property rights;
Attract borrowed funds;
Conclude contracts;
Act as a plaintiff and defendant in court;
Apply to a court or arbitration court to invalidate (in whole or in part) acts of authorities state power, organs local government or violation by officials of the rights and legitimate interests of the Partnership;
Exercise other powers that do not contradict the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.
3.4. The partnership as a non-profit organization has the right to carry out business activities consistent with the goals for which it was created.
3.5. The Partnership is not liable for the obligations of its members and the members of the Partnership are not liable for its obligations.
4. Funds and property of the Partnership
4.1. The funds of the Partnership are formed from entrance, membership and target fees and other income in accordance with the decision of general meetings and current legislation. Funds are stored in accordance with the established procedure in the current account of the partnership at a bank institution.
4.2. Entry fees are funds contributed by members of the Partnership for organizational goals, for the preparation of documentation. Entry fees are used to carry out a project for the organization and development of the territory of the Partnership, to establish the boundaries of land plots in the area, to purchase membership books, to prepare and publish the Charter, and to prepare and execute other documentation.
By decision of the general meeting of members of the Partnership (meeting of authorized representatives), part of the entry fees may be directed to the Special Fund.
The amount of entry fees is established by the general meeting of the Partnership (meeting of authorized representatives). Application entrance fee is prerequisite for accepting citizens as members of the Partnership.
4.3. Membership dues are funds periodically contributed by members of the Partnership to pay for the labor of employees who have entered into employment contracts with the Partnership, and others running costs Partnerships. Size membership fees established by the general meeting of members of the Partnership (meeting of authorized representatives). Annual payment of membership fees is a mandatory condition for maintaining the rights to participate in the activities of the Partnership, to use services and benefits.
4.4. Targeted contributions are funds contributed by members of the Partnership for the acquisition (creation) of public facilities. The amounts of trust funds and corresponding contributions are determined by the decision of the general meeting of members of the Partnership (meeting of authorized representatives). Payment of targeted contributions gives the right to use the relevant public facilities.
4.5. To create and acquire separate property that is the property of the Partnership as a legal entity, the Partnership creates a Special Fund. A special fund is created by decision of the general meeting of members of the Partnership (meeting of authorized representatives) at the expense of entrance fees, part of membership fees, as well as through voluntary donations from organizations and citizens. The funds from the special fund are spent on performing tasks consistent with the statutory goals of the Partnership.
4.6. The funds of the gardening non-profit partnership can also be replenished from proceeds from organizations and enterprises providing financial and other assistance, as well as from charitable contributions and donations.
4.7. The procedure for accounting, storing and spending funds is established by a decision of the general meeting of members of the Partnership (meeting of authorized persons).
5. Membership in the Partnership and termination of membership in the Partnership
5.1. Members of the Partnership may be citizens of the Russian Federation who have reached the age of eighteen years and have land plots within the boundaries of the Partnership, as well as, in accordance with civil law, heirs of members of the Partnership, incl. minors and minors, as well as persons to whom the rights to land plots have been transferred as a result of donation or other transactions with a land plot.
5.2. The founders of the Partnership are considered accepted as members of the Partnership from the moment of its state registration. Other persons joining the Partnership are accepted as members by the general meeting of members of the Partnership (meeting of authorized representatives). Citizens submit an application about their desire to join the Partnership to the Board of the Partnership, which prepares materials for consideration of their applications by the general meeting of members of the Partnership (meeting of authorized representatives). Before consideration of applications by the general meeting of members of the Partnership (meeting of authorized persons), citizens are required to pay to the cash desk of the Partnership an entrance fee in the amount established by the general meeting of members of the Partnership (meeting of authorized persons), membership fees, as well as all targeted contributions from the date of registration of the Partnership until the moment of consideration of applications. The received target contributions are sent to return the target contributions to the retired member of the Partnership or to the corresponding target fund.
5.3. The board of the Partnership is obliged to issue a membership book to each member of the Partnership within three months from the date of admission to membership.
5.4. Termination of membership in the Partnership is possible in the following cases:
Death of a member of the Partnership. Termination of membership occurs on the date of death;
Transfer of rights to a garden plot of land from a member of the Partnership to another person. Termination of membership occurs from the date of the transaction for the transfer of rights;
Voluntary withdrawal of a member of the Partnership from the Partnership with the simultaneous conclusion with the Partnership, at the request of the citizen, of an agreement on the procedure for the use and operation of utility networks, roads and other public property. Termination of membership occurs from the day a member of the Partnership submits an application to the board to withdraw from the Partnership;
Relinquishment of garden plot of land. Termination of membership occurs from the day a member of the Partnership submits an application to the board to renounce the site;
Expulsion from members of the Partnership by the general meeting of members of the Partnership (meeting of authorized representatives). Termination of membership occurs from the date of the decision to exclude a citizen from members of the Partnership by the general meeting of members of the Partnership (meeting of authorized representatives).
Upon termination of membership in the Partnership, citizens have the right to a refund of the amounts of the corresponding targeted contributions made by the retired member of the Partnership to the cash desk of the Partnership. The return of the above amounts is made by decision of the board of the Partnership based on the application of a retired member of the Partnership.
6. Rights and responsibilities of citizens gardening in individually on the territory of the Partnership
6.1. Citizens have the right to garden individually.
6.2. Citizens who garden individually on the territory of the Partnership have the right to use infrastructure and other common property of the Partnership for a fee under the terms of agreements concluded with the Partnership in writing, determined by the general meeting of members of the Partnership (meeting of authorized representatives).
In case of failure to pay the fees established by the agreements for the use of infrastructure facilities and other common property of the Partnership based on a decision of the board of the Partnership or the general meeting of its members, citizens who garden individually are deprived of the right to use infrastructure facilities and other common property of the Partnership.
Non-payments for the use of infrastructure facilities and other common property of the Partnership are recovered in court.
Citizens who garden individually on the territory of the Partnership may appeal to the court the decisions of the Board of the Partnership or the general meeting of its members to refuse to enter into agreements for the use of infrastructure facilities and other common property of the Partnership.
The amount of payment for the use of infrastructure facilities and other common property of the Partnership for citizens engaged in gardening individually, provided they make contributions for the acquisition (creation) of the specified property, cannot exceed the amount of payment for the use of the specified property for members of the Partnership.
7. Rights and obligations of members of the Partnership
7.1. A member of the Partnership has the right:
1) elect and be elected to management bodies and the audit commission;
2) receive information about the activities of governing bodies and audit commission;
3) independently manage the garden plot of land in accordance with all permitted uses;
4) carry out in accordance with urban planning, construction, environmental, sanitary, fire safety and other established requirements(norms, rules and regulations) construction of residential buildings, utility buildings and structures, planting trees and shrubs;
5) dispose of their land plot and other property in cases where they are not withdrawn from circulation or limited in circulation on the basis of the law;
6) when alienating a garden plot of land, simultaneously alienate to the acquirer a share of the common use property within the Partnership in the amount of targeted contributions, buildings, structures, fruit crops;
7) upon liquidation of the Partnership, receive the due share of the common property;
8) apply to the court to invalidate decisions of the general meeting of members of the Partnership (meeting of authorized representatives), as well as decisions of the board and other bodies of the Partnership that violate his rights and legitimate interests;
9) voluntarily leave the Partnership with the simultaneous conclusion of an agreement with the Partnership on the procedure for the use and operation of utility networks, roads and other common property of the Partnership;
10) carry out other actions not prohibited by law.
7.2. A member of the Partnership is obliged to:
1) bear the burden of maintaining the land plot and the burden of responsibility for violation of the law;
2) use the land plot in accordance with its intended purpose and permitted use, not to cause damage to the earth as a natural and economic object;
3) not violate the rights of members of the Partnership;
4) comply with agrotechnical requirements;
5) timely pay membership and other fees provided for by the Charter of the Partnership, taxes and payments;
6) develop the land plot within three years;
7) carry out the construction of a house, outbuildings and outhouse toilets in accordance with the planning and development project for the territory of the Partnership. Comply with urban planning, construction, environmental, sanitary and hygienic, fire safety and other requirements (norms, rules and regulations);
8) participate in events held by the Partnership;
9) participate in general meetings held by the Partnership;
10) carry out the decisions of the general meeting of the Partnership or the meeting of authorized representatives and decisions of the board of the Partnership;
11) comply with other requirements established by the Law and the Charter of the Partnership.
8. Management bodies of the Partnership
8.1. The governing bodies of the Partnership are the general meeting of its members (meeting of authorized representatives), the board of the Partnership, and the chairman of its board.
The general meeting of members of the Partnership (meeting of authorized representatives) is the supreme governing body of the Partnership.
8.2. The Partnership has the right to hold a general meeting of its members in the form of a meeting of authorized representatives.
The authorized representatives of the Partnership are elected from among the members of the Partnership and cannot delegate the exercise of their powers to other persons, including members of the Partnership.
Commissioners are elected by two people from each street for a period of two years at a general meeting of members of the Partnership, including on the proposal of three representatives from members of the Partnership living on a given street, by open voting. The decision is made by a majority vote.
Early re-election of commissioners is carried out:
Due to the inability of authorized persons to perform their duties due to health reasons or other reasons;
In connection with the failure or improper performance by the authorized person of his duties;
In connection with systematic violations by the authorized representative of the Charter of the Partnership or legislation.
Early re-election of commissioners is carried out on the basis of an application from the commissioner, on the proposal of the board or one third of the members of the Partnership living on the street from which the commissioner was elected. Early re-election of authorized representatives is carried out at a general meeting of members of the Partnership (meeting of authorized representatives), including extraordinary or re-election, by open voting.
9. Competence of the general meeting of members of the Partnership (meeting of Representatives)
9.1. The exclusive competence of the general meeting of members of the Partnership (meeting of authorized representatives) includes the following issues:
1) making changes to the Charter of the Partnership and additions to the Charter or approval of the Charter in a new edition;
2) admission to membership of the Partnership and exclusion from its members;
3) determination of the quantitative composition of the board of the Partnership, election of members of its board and early termination of their powers;
4) election of the chairman of the board and early termination of his powers;
5) election of members of the Audit Commission of the Partnership and early termination of their powers;
6) approval of the internal regulations of the Partnership, including the conduct of the general meeting of its members (meeting of authorized representatives), the activities of its board; work of the audit commission; internal regulations of the Partnership;
7) making decisions on the reorganization or liquidation of the Partnership, appointing a liquidation commission, as well as approving interim and final liquidation balance sheets;
8) making decisions on establishing the amount of entrance fees;
9) making decisions on establishing the amount of membership fees and setting deadlines for their payment;
10) making decisions on the formation and use of the Partnership’s property, on the creation and development of infrastructure facilities, as well as establishing the size of trust funds and corresponding contributions;
11) making decisions on the creation of a Special Fund;
12) establishing the amount of penalties for late payment of contributions;
13) approval of the Partnership’s income and expense estimate and adoption of decisions on its implementation;
14) consideration of complaints against decisions and actions of members of the board, chairman of the board, members of the audit commission;
15) approval of reports of the board and audit commission;
16) making a decision on the acquisition of a land plot related to public property into the ownership of the Partnership.
The general meeting of members of the Partnership (meeting of authorized representatives) has the right to consider any issues of the activities of the Partnership and make decisions on them.
9.2. The general meeting of members of the Partnership (meeting of authorized persons) is convened by the board of the Partnership as necessary, but not less than once a year.
An extraordinary general meeting of members of the Partnership (meeting of authorized persons) is held by decision of its board, the request of the audit commission, as well as at the proposal of a local government body or at the proposal of more than half of the authorized persons or at least one fifth of the total number of members of the Partnership. The request of the audit commission, the proposal of a local government body or the proposal of more than half of the authorized representatives or at least one fifth of the total number of members of the Partnership is sent to the chairman of the board of the Partnership by letter with a notification of receipt; the letter indicates the issues proposed for consideration by the extraordinary general meeting of the members of the Partnership (meeting of authorized persons). In case of refusal of the chairman of the board of the Partnership to accept the letter, in case of failure of the chairman of the board to hold a meeting of the board of the Partnership within seven days from the date of receipt of the proposal or request for holding an extraordinary meeting of the Partnership (meeting of authorized persons) from the above applicants, as well as in the absence of the chairman of the board due to if he is on vacation, due to illness, in the event of death, etc., letters are sent to members of the board of the Partnership or handed over to them against signature.
The Board of the Partnership is obliged, within seven days from the date of receipt of the proposal of the local government body or more than half of the authorized persons or at least one fifth of the total number of members of the Partnership or the requirement of the Audit Commission of the Partnership to hold an extraordinary general meeting of members of the Partnership (meeting of authorized persons), to consider the specified proposal or requirement and accept decision to hold an extraordinary general meeting of members of the Partnership (meeting of authorized representatives) or to refuse to hold it.
If the board of the Partnership makes a decision to hold an extraordinary general meeting of the Partnership (meeting of authorized persons), the said general meeting of the Partnership (meeting of authorized persons) must be held no later than thirty days from the date of receipt of the proposal or request for its holding. If the board of the Partnership has decided to refuse to hold an extraordinary general meeting of the Partnership (meeting of authorized persons), it informs in writing about the reasons for the refusal the audit commission, authorized persons or members of the Partnership or the local government body proposing or demanding the holding of an extraordinary general meeting of members of the Partnership (meetings of authorized representatives).
The refusal of the Board of the Partnership to satisfy a proposal or request to hold an extraordinary general meeting of the Partnership (meeting of authorized persons), the audit commission, authorized persons or members of the Partnership, as well as the local government body can appeal to the court, and can also independently organize and hold an extraordinary general meeting of members of the Partnership (meeting authorized persons) if the board refuses to hold it or the board fails to hold it within thirty days from the date of receipt of the proposal or request to hold an extraordinary general meeting of members of the Partnership (meeting of authorized persons).
The next re-election general meeting of members of the Partnership (meeting of authorized representatives) is organized and held by the board of the Partnership two years later within three months from the date of the previous re-election meeting.
If the board of the Partnership fails to hold the next re-election general meeting of the members of the Partnership (meeting of authorized persons) within the period established by the Charter, more than half of the authorized persons or at least one fifth of the total number of members of the Partnership may independently organize and hold the next general re-election meeting of the members of the Partnership (meeting of authorized persons).
Notification of the members of the Partnership (authorized) about holding a general meeting of its members (meeting of authorized persons), by decision of the board of the Partnership, or, if the board of the Partnership refuses to hold a general meeting or the board of the Partnership does not hold it in the above cases, by decision of the audit commission or local government body or by decision of more than half of the authorized representatives or at least one fifth of the total number of members of the Partnership, can be carried out in writing (post cards, letters), by posting relevant announcements on information boards located on the territory of the Partnership, as well as by telephone messages transmitted to members of the Partnership (authorized ) persons whose list is approved by the initiator of the meeting. The notice of a general meeting of members of the Partnership (meeting of authorized representatives) must indicate the content of the issues to be discussed, the date, time and place of the general meeting, and also indicate the initiator of the meeting. Notification of a general meeting of members of the Partnership (meeting of authorized representatives) is sent no later than two weeks before the date of its holding. The notice is sent to the Chairman of the Board of the Partnership by letter with acknowledgment of delivery.
The general meeting of members of the Partnership (meeting of authorized representatives) is valid if more than fifty percent of the members of the Partnership (authorized representatives) are present at the said meeting. A member of the Partnership has the right to participate in voting personally or through his representative, whose powers must be formalized by a power of attorney certified by a notary, officials at work or at the place of residence, whose signature is certified by a seal, the chairman of the board of the Partnership or three members of the Partnership present at the meeting. Registration sheets for members of the Partnership (authorized representatives) present at the meeting and powers of attorney for the participation of a member of the Partnership in voting through their representative are stored in the archives of the Partnership for five years.
The chairman of the general meeting of members of the Partnership (meeting of authorized representatives), including an extraordinary or re-elected one, is elected by a simple majority of votes of the members of the Partnership (authorized representatives) present at the general meeting by open voting.
Decisions on amendments to the Charter of the Partnership and additions to the Charter or on approval of the Charter in a new edition, expulsion from members of the Partnership, on its liquidation and (or) reorganization, appointment of a liquidation commission and on approval of interim and final liquidation balance sheets are adopted by the general meeting of members of the Partnership ( meeting of authorized representatives), including extraordinary or re-election, by a two-thirds majority of votes.
Other decisions of the general meeting of members of the Partnership (meeting of authorized representatives) are adopted by a simple majority of votes.
Decisions of the general meeting of members of the Partnership (meeting of authorized representatives) are brought to the attention of its members within seven days after the date of adoption of these decisions in writing (postcards, letters), by posting relevant announcements on information boards located on the territory of the Partnership, as well as by telephone messages transmitted by persons whose list is approved by the initiator of the meeting.
A member of the Partnership has the right to appeal to court the decision of the general meeting of its members (meeting of authorized representatives), or the decision of the management body of the Partnership, which violate the rights and legitimate interests of a member of the Partnership.
10. Board of the Partnership
10.1. The Board of the Partnership is a collegial executive body and is accountable to the general meeting of members of the Partnership (meeting of authorized representatives).
In its activities, the Board of the Partnership is guided by the Federal Law of April 15, 1998 No. 66-FZ “On gardening, gardening and dacha non-profit associations of citizens”, the legislation of the Russian Federation, the legislation of the constituent entities of the Russian Federation, regulatory legal acts of local governments and the Charter of the Partnership. The Board of the Partnership is elected by direct secret vote from among its members for a period of two years by the general meeting of members of the Partnership. The number of members of the board is established by the general meeting of members of the Partnership (meeting of authorized representatives).
10.2. Early re-election of a member of the board of the Partnership, including the chairman of its board, is carried out:
1) in connection with the termination of membership in the Partnership by a member of the board of directors due to the circumstances specified in paragraph 4 of Article 5 of the Charter;
2) due to the inability of a member of the board to perform his duties due to health reasons or other reasons;
3) in connection with the failure or improper performance by a member of the board of directors of his duties;
4) in connection with systematic violations by a member of the board of the Charter of the Partnership or the law.
Early re-election of a member of the board of the Partnership is carried out on the basis of an application from a member of the board of the Partnership, upon the proposal of the board of the Partnership, or at the request of at least one third of the members of the Partnership.
Members of the Board of the Partnership cannot delegate the exercise of their powers to other persons, including members of the Partnership.
10.3. Meetings of the Board of the Partnership are convened by the Chairman of the Board within the time limits established by the Board, as well as as necessary.
Meetings of the board are valid if at least two thirds of its members are present.
The decisions of the Board of the Partnership are binding on all members of the Partnership and its employees who have entered into employment contracts with the Partnership.
10.4. The competence of the Board of the Partnership includes:
1) practical implementation decisions of the general meeting of the Partnership (meeting of authorized representatives);
2) making a decision to hold an extraordinary general meeting of members of the Partnership (meeting of authorized representatives) or to refuse to hold it;
3) operational management of the current activities of the Partnership;
4) drawing up income and expense estimates and reports of the Partnership, submitting them for approval by the general meeting of its members (meeting of authorized representatives);
5) disposal of tangible and intangible assets of the Partnership to the extent necessary to ensure its current activities;
6) organizational and technical support for the activities of the general meeting of members of the Partnership (meeting of authorized representatives);
7) organization of accounting and reporting of the Partnership, preparation of the annual report and submission of it for approval by the general meeting of members of the Partnership (meeting of authorized persons);
8) organizing the protection of the property of the Partnership and the property of its members;
9) organizing insurance of the Partnership’s property;
10) organization of construction, repair and maintenance of buildings, structures, structures, utility networks, roads and other public facilities;
11) ensuring the records management of the Partnership and the maintenance of its archive;
12) hiring persons to the Partnership under employment contracts, their dismissal, incentives and penalties, keeping records of employees;
13) control over the timely payment of entrance, membership and target fees;
14) making transactions on behalf of the Partnership;
15) compliance by the Partnership with the legislation of the Russian Federation, the legislation of the constituent entities of the Russian Federation, regulations of local government bodies and the Charter of the Partnership;
16) consideration of applications from members of the Partnership, citizens who garden individually, who have plots on the territory of the Partnership, heirs of members of the Partnership, citizens joining the Partnership and other applications (acts) from citizens and organizations.
The Board of the Partnership, in accordance with the legislation of the Russian Federation and the Charter of the Partnership, has the right to make decisions necessary to achieve the goals of the Partnership and ensure its normal operation, with the exception of decisions that relate to issues related to the Federal Law of April 15, 1998. No. 66 – Federal Law and the Charter of the Partnership fall within the competence of the general meeting of its members (meeting of authorized representatives).
11. Powers of the chairman of the board of the Partnership
11.1. The Board of the Partnership is headed by the Chairman of the Board, elected from among the members of the Board for a term of two years.
The powers of the chairman of the board are determined by the Federal Law of April 15, 1998. No. 66-FZ and the Charter of the Partnership.
The chairman of the board has the right to appeal if he disagrees with the decision of the board this decision general meeting of members of the Partnership (meeting of authorized representatives).
11.2. The Chairman of the Board of the Partnership acts without a power of attorney on behalf of the Partnership, including:
1) presides at meetings of the board;
2) has the right of first signature on financial documents that, in accordance with the charter of the Partnership, are not subject to mandatory approval by the board or general meeting of the Partnership (meeting of authorized persons);
3) signs other documents on behalf of the Partnership and minutes of the board meeting;
4) based on the decision of the board, concludes transactions and opens accounts for the Partnership in banks;
5) issues powers of attorney, including with the right of substitution;
6) ensures the development and submission for approval to the general meeting of members of the Partnership of the internal regulations of the Partnership, regulations on the remuneration of workers who have entered into employment contracts with the Partnership;
7) carries out representation on behalf of the Partnership in government bodies, local government bodies, as well as in organizations;
8) considers applications from members of the Partnership.
The Chairman of the Board of the Partnership, in accordance with the Charter of the Partnership, performs other duties necessary to ensure the normal activities of the Partnership, with the exception of the duties assigned by Federal Law of April 15, 1998 No. 66 - FZ and the Charter of the Partnership for other management bodies of the Partnership.
12. Responsibility of the chairman of the board of the Partnership and members of its board
12.1. The Chairman and members of the board of the Partnership, when exercising their rights and performing established duties, must act in the interests of the Partnership, exercise their rights and fulfill established duties in good faith and wisely.
12.2. The Chairman and members of the board of the Partnership are liable to the Partnership for losses caused to the Partnership by their actions (inaction). In this case, members of the board who voted against the decision, which entailed causing losses to the Partnership, or who did not take part in the voting, are not liable. The Chairman and members of the board of the Partnership, if financial abuses or violations are identified, causing losses to the Partnership, may be subject to disciplinary, material, administrative or criminal liability in accordance with the law.
13. Control over the financial and economic activities of the Partnership
13.1. Control over the financial and economic activities of the Partnership, including the activities of its chairman of the board, members of the board and the management board, is carried out by an audit commission elected from among the members of the Partnership by the general meeting of its members (meeting of authorized representatives), by open voting by a majority of votes for a period of two years. The numerical composition of the audit commission is established by the general meeting of the Partnership (meeting of authorized representatives). The chairman and members of the board of the Partnership, as well as their spouses, parents, children, grandchildren, brothers and sisters (their spouses) cannot be elected to the audit commission.
The chairman of the audit commission is elected by the members of the audit commission.
The Audit Commission is accountable to the general meeting of members of the Partnership (meeting of authorized representatives).
13.2. Early re-election of members of the Audit Commission is carried out:
In connection with their termination of membership in the Partnership due to the circumstances specified in paragraph 4 of Article 5 of the Charter;
Due to the inability of a member of the audit commission to perform his duties due to health reasons or other reasons;
In connection with the failure or improper performance by a member of the audit commission of his duties;
In connection with systematic violations by a member of the audit commission of the Charter of the Partnership or legislation.
Early re-election of a member of the audit commission is carried out on the basis of a personal application from a member of the audit commission, on the proposal of other members of the audit commission, or at the request of at least one quarter of the total number of members of the Partnership.
13.3. Members of the Audit Commission of the Partnership are responsible for improper performance of duties provided for by the Charter of the Partnership.
13.4. The Audit Commission of the Partnership is obliged to:
1) check the implementation by the board of the Partnership and the chairman of its board of decisions of general meetings of members of the Partnership (meetings of authorized persons), the legality of civil transactions made by the management bodies of the Partnership, regulatory legal acts regulating the activities of the Partnership, the condition of its property;
2) carry out audits of the financial and economic activities of the Partnership 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 Partnership (meeting of authorized persons), or at the request of one fifth of the total number of members of the Partnership or one third of the total number of members his reign;
3) report on the results of the audit to the general meeting of members of the Partnership (meeting of authorized representatives) with the presentation of recommendations for eliminating identified violations;
4) report to the general meeting of members of the Partnership (meeting of authorized representatives) about all identified violations in the activities of the management bodies of the Partnership;
5) exercise control over the timely consideration by the board of the Partnership and the chairman of its board of applications of citizens and acts of organizations and local government bodies;
13.5. Based on the results of the audit, if a threat is created to the interests of the Partnership and its members, or if abuses by members of the Board of the Partnership and the Chairman of the Board are identified, the Audit Commission has the right to convene an extraordinary general meeting of members of the Partnership.
14. Record keeping in the Partnership
14.1. The minutes of the general meeting of members of the Partnership (meeting of authorized representatives) are signed by the chairman of the meeting and the secretary of the meeting, this protocol is certified by a seal. The minutes are kept in the affairs of the Partnership permanently. The protocol must contain the following necessary elements:
Name of the Partnership;
Document title;
Protocol number;
Date of the general meeting (meeting of authorized representatives);
Place of the meeting;
List of persons present and invited;
Issues on the agenda (including the verification of the powers of those present at the meeting, the total number of mandates allowed for voting, the presence of a quorum should be determined);
A statement of the progress of the discussion of each issue, indicating the persons speaking on the issue and a summary of their speeches;
The decision taken on each issue, indicating the results of the vote;
Signatures of the chairman of the meeting and the secretary of the meeting.
Making corrections and additions to the signed protocol is unacceptable. In exceptional cases, changes and additions made must be certified by the signatures of the chairman of the meeting and the secretary of the meeting and the seal of the Partnership indicating the date of the corrections.
14.2. The minutes of meetings of the board and the audit commission of the Partnership are signed by the chairman of the board or deputy chairman of the board or, respectively, the chairman of the audit commission; These protocols are certified by the seal of the Partnership and are stored in its files permanently.
14.3. Copies of minutes of general meetings of members, meetings of the board and audit commission of the Partnership, certified extracts from these minutes are presented for review to members of the Partnership at their request, as well as to the local government body on whose territory the Partnership is located, government authorities of the relevant subject of the Russian Federation, judicial and law enforcement bodies, organizations in accordance with their requests in writing.
The execution and storage of other documents related to the creation of the Partnership, its registration as a legal entity, and financial and economic activities are carried out in accordance with current legislation.
15. Reorganization and liquidation of the Partnership
15.1. Reorganization of the Partnership (merger, division, spin-off, change of organizational and legal form) is carried out in accordance with the decision of the general meeting of members of the Partnership (meeting of authorized representatives) on the basis and in the manner provided for by the Civil Code of the Russian Federation, Federal Law of April 15, 1998 No. 66 – Federal Law and other federal laws.
15.2. The Partnership may be liquidated on the basis and in the manner provided for by the Civil Code of the Russian Federation, Federal Law No. 66-FZ of April 15, 1998 and other federal laws, by decision of the general meeting of members of the Partnership (meeting of authorized representatives). A demand for liquidation of the Partnership may be submitted to the court by a state authority or local government body, which is granted by law the right to present such a demand.
To view photographs posted on the site in an enlarged size, you need to click on their reduced copies.
A lot of time has passed since September 1, 2014, and it would seem that the requirements of Federal Law No. 99 of 05/05/2014 “On amendments to Chapter 4 of Part 1 of the Civil Code of the Russian Federation and on the recognition as invalid of certain provisions of legislative acts of the Russian Federation” must be fulfilled by all legal entities. That is, all gardening associations, to whom it concerns, should by today be brought into compliance with the standards of Chapter 4 of Part One of the Civil Code of the Russian Federation constituent documents. But that was not the case. Things are still there today. Moreover, many SNTs have not done anything to this day, as they continue to wait for the legislator to return the organizational and legal form of SNT, absolutely not understanding that “the Moor has done his job, the Moor can leave.” “There will be no return to the past,” - . representatives of the legislator from sources close to the State Duma unequivocally state.
The SNT board and some “experts” in the laws explain their inaction by saying that the state is trying to squeeze the land from gardeners by replacing the SNT (with not very clear functions and areas of activity) with a completely adequate one. organizational and legal form(OPF): real estate owners' partnership. The thought should immediately arise about some kind of force, beyond the control of reason, that is called upon to carry out the squeeze. Why? Yes, because replacing the organizational and legal form of any legal entity does not lead to the seizure of land. Even in the subtext of the law, including innovations in the Land Code, nothing like this can be traced...
The new OPF is designed to bring the activities of SNT in line with what horticultural associations are actually doing now. Question: “What are they doing today, and what then is the horror story for gardeners at the suggestion of not very competent board members?” Let's try to briefly explain.
In essence and practice, today and yesterday SNT are and have been engaged in the management of property owned by a legal entity and the management of public property (Article 1 “General Concepts” of Federal Law-66 of April 15, 1998). And this activity has a very distant relation to the species economic activity"gardening" with its cultivation of fruits and vegetables. Another question arises: “Who (what) does gardening?” And this “action” was, is and will be carried out by the owners of individual land plots with the type of permitted land use “gardening”. It is possible that in order to legally separate two types of activities: gardening and property management, a new organizational and legal form was invented TSN.
It can be assumed that this OPF had already matured when, on December 23, 1992, the Federal Law “On the right of citizens of the Russian Federation to receive private ownership and sale of land plots for running personal subsidiary and dacha farming, gardening and individual housing” was published. construction" and followed by the Presidential Decree of October 27, 1993 "On the regulation of land relations and the development of agrarian reform in Russia." After all, it was then that citizens began to register their land plots as property, and gardening partnerships from a single organization with a single indivisible land plot were divided into individual garden plots and public land plots. Horticultural activities were not carried out in public areas as such.
Now try to answer the following question: “In what place is the state squeezing the land and destroying gardening?” There is no answer. Changing the organizational and legal form from SNT to TSN does not destroy anyone or anything, but it brings all the activities of gardening associations into line with the prevailing realities of today, taking away from them the unusual function of “gardening”, and introducing property management. Will there be after this TSN transformation gardening association? It’s unlikely, because it’s not gardeners who unite in the organization, but the owners of garden plots. And in this case, the activities of TSN do not intersect with the gardening of the members of the association.
So what do we have now in SNT if we do nothing? Here's what: organizational and legal form"SNT" has not existed in the Russian Federation since September 1, 2014. If we look at the norm of paragraph 2 of Article 48 of the Civil Code “A legal entity must be registered in the unified state register of legal entities in one of the organizational and legal forms provided for by this Code,” then today your native SNT operates in an OPF, which does not exist. And here is what Article 1 of the Civil Code says on this matter: 3. When establishing, exercising and protecting civil rights and in the performance of civil duties, participants in civil legal relations must act in good faith. So what kind of integrity of a legal entity can we talk about today if it is registered in OPF, which does not exist? It follows that everything civil rights and the performance of duties can be considered unconscionable and limited to SNT as a legal entity. Moreover, a legal entity can be held accountable for failure to comply with the law, and the chairman can even be held criminally liable.
Whether this is true or not, what SNT should do, and how to live on, can be read on the page: Horticultural non-profit associations (partnerships, partnerships, consumer cooperatives) after 09/01/2014.
For our topic, we emphasize that the main condition for changing the organizational and legal form of a legal entity is the approval of the charter non-profit organization in one of those selected from Article 50 “Commercial and non-profit organizations” of the Civil Code of the new OPF. The most suitable organizational and legal form for SNT is TSN.
The charter proposed on this page for approval by the association of real estate owners is not a dogma and can be changed and supplemented during the discussion on the forum SNT "Pishchevik" by chapter, as well as independently at the discretion of any SNT, taking into account local conditions. To carry out the procedure for changing the organizational and legal form from SNT to TSN, the charter is expected to be developed by the autumn general meeting of 2015. It’s late, but better late than never.
Draft Charter Property Owners Associations"Pishchevik" meets the requirements of three new federal laws that amended parts 1 and 4 of the Civil Code of the Russian Federation, the Land Code of the Russian Federation (No. 100-FZ of 05/07/13, No. 99-FZ of 05/05/14 and 171- Federal Law of June 23, 2014 “On Amendments to the Land Code of the Russian Federation and Certain Legislative Acts of the Russian Federation”).
You should be careful when directly copying the developed text of the TSN charter, because correction of errors and bringing the text into compliance with the norms of the Civil Code will be carried out until mid-autumn 2015, and will not stop after the approval of the Charter by the meeting. Comments on the sections and paragraphs of the Charter will be written a little later after all work on the wording of the text has been completed, which is associated with the search for the most acceptable word forms and checking for compliance with legal norms.
This material was taken from the initiative website Saratov Association "Volga Garden" and can only serve as an example of the amount of work that needs to be done during the formation of SNT. In any case, we have to answer the Main Question: WHO ARE WE?
In connection with the entry into force on January 1, 2019 federal law dated July 29, 2017 No. 217-FZ "On the conduct of gardening by citizens for their own needs" to replace Federal Law No. 66 "On gardening, gardening and dacha non-profit associations of citizens" it is necessary to bring the Charter of the association into compliance with the new law.
It follows from Article 4 of the new law that if citizens are allocated plots of land with the type of permitted use “for gardening” or “for vegetable gardening,” then they can create only two forms of associations: horticultural non-profit partnerships and vegetable gardening non-profit partnerships.
Federal Law No. 217-FZ Article 4. The organizational and legal form of a non-profit organization created by citizens to conduct gardening or vegetable gardening
1. Owners of garden plots of land or vegetable plots of land, as well as citizens wishing to purchase such plots in accordance with land legislation, may create horticultural non-profit partnerships and vegetable gardening non-profit partnerships, respectively.
2. Owners of garden plots or vegetable plots of land located within the boundaries of a gardening or vegetable gardening territory have the right to create only one gardening or vegetable gardening non-profit partnership to manage common property located within the boundaries of this gardening or vegetable gardening territory.
3. A gardening or vegetable gardening non-profit partnership is a type of partnership of real estate owners.
Accordingly, it is necessary to bring the Charter of the partnership into compliance with the new law before January 1, 2019.
What does the new law say about the Association's Charter?
Federal Law No. 217-FZ Article 8. Charter of the partnership
The charter of the partnership must indicate:
1) name of the partnership;
2) organizational and legal form of the partnership;
3) location of the partnership;
4) the subject and goals of the partnership’s activities;
5) the procedure for managing the activities of the partnership, including the powers of the bodies of the partnership, the procedure for making decisions by them;
6) the procedure for admission to membership of the partnership, withdrawal and exclusion from the number of members of the partnership;
7) the procedure for maintaining the register of members of the partnership;
8) rights, duties and responsibilities of members of the partnership;
9) the procedure for making contributions, the liability of members of the partnership for violation of obligations to make contributions;
10) composition, procedure for formation and powers of the audit commission (auditor);
11) the procedure for acquiring and creating property for common use of the partnership;
12) the procedure for changing the charter of the partnership;
13) the procedure for reorganization and liquidation of the partnership;
14) the procedure for providing members of the partnership with information about the activities of the partnership and familiarization with the accounting (financial) statements and other documentation of the partnership;
15) the procedure for interaction with citizens engaged in gardening or vegetable farming on land plots located within the boundaries of the gardening or vegetable farming territory, without participation in the partnership;
16) the procedure for making decisions at the general meeting of members of the partnership by absentee voting.
Algorithm of actions:
1. We are writing a draft of a new Charter in accordance with the articles of the new law, which must necessarily reflect the history of the association from the moment of receipt of the land plot.
In the draft Charter we necessarily indicate that all citizens who have land plots within the territory of the association are founders of a non-profit partnership. We also point out that membership in the partnership follows the fate of the land plot. We describe in detail the history from the moment of allocation of the land plot and the organization of the partnership, changing its name, indicating documents confirming the history, OGRN.
2 We discuss the draft Charter at a meeting of the Board and put on the agenda of the next general meeting of members of the association the discussion and adoption of a new Charter of the horticultural or vegetable farming partnership.
3. At least 2 weeks before the general meeting for all citizens. having land plots on the territory of the association, we provide the opportunity to familiarize ourselves with the draft Charter.
4. We convene and hold a general meeting in accordance with Federal Law No. 66-FZ and the current Charter of the association..
5. We draw up the Minutes of the general meeting of founders in accordance with Federal Law No. 66-FZ, the Civil Code and the current Charter of the association.
6. We form a package of documents for submission to the Federal Tax Service:
1). application for state registration of changes to constituent documents (form No. P13001);
2). decision to amend the constituent documents of a legal entity;
3). amendments to the constituent documents or constituent documents in a new edition in two copies (in case of submission of documents directly or by post);
4). receipt of payment of state duty.
7. We notarize documents...
8. We provide documents to the Federal Tax Service.
The Chairman of the Trade Union of Gardeners of Russia and the Chairman of the National Council for Land Policy and Housing and Public Utilities Lyudmila talks about the new Charter of the partnership and the problems of gardeners and vegetable gardeners after the entry into force of Federal Law No. 217-FZ “On the conduct of gardening and horticulture by citizens for their own needs” on January 1, 2019 Danilovna Golosova.
Video from July 3, 2017, St. Petersburg. Conference of gardeners under the auspices of the Trade Union of Gardeners of Russia and the Trade Union of Gardeners of St. Petersburg and Leningrad region in connection with the adoption of Federal Law No. 217-FZ on July 29, 2017 “On the conduct of gardening and vegetable gardening by citizens for their own needs.”
And one more thing: When writing the Charter, remember the words of Professor Preobrazhensky:
“But only a condition: whatever, whatever, whenever, but that it be such a piece of paper, in the presence of which neither Shvonder nor anyone else could even come to the door of my apartment. The final piece of paper. Factual! Real!! ! Armor!!!"
Approved by the general constituent meeting of members of the horticultural (gardening, dacha) non-profit partnership (Minutes No. _________________ dated "__" ___________ 20__)
Charter of the horticultural (vegetable gardening, dacha) non-profit partnership "__________________________"
1. General provisions
1.1. The gardening (vegetable gardening, dacha) non-profit partnership "__________________________", hereinafter referred to as the "Partnership", was created by agreement of citizens through their voluntary association on the basis of membership for the purpose of organizing and developing their land plots through the voluntary association of its members with targeted and other contributions and the transfer of them to the special fund of the Partnership.
1.2. The partnership is a non-profit organization created in accordance with the Civil Code of the Russian Federation, Federal Law dated 04/15/1998 N 66-FZ "On gardening, gardening and dacha non-profit associations of citizens", Federal Law dated 01/12/1996 N 7-FZ "On non-profit organizations".
1.3. Full name of the Partnership in Russian: "Gardening (vegetable gardening, dacha) non-profit partnership "___________________".
Abbreviated name in Russian: "Partnership "_____________".
1.4. The Partnership operates on the basis of this Charter. The Charter of the Partnership is adopted by the general meeting of citizens wishing to establish the Partnership.
1.5. In the event of expansion of the Partnership due to additional land allotment, appropriate changes and additions are made to this charter.
1.6. Changes and additions to this charter are valid only if they are adopted by the General Meeting of Members of the Partnership (hereinafter referred to as the General Meeting), drawn up in writing and registered by an authorized state body.
1.7. Location of the Partnership: _____________________________________.
1.8. The partnership was created for an unlimited period.
1.9. The Partnership is a legal entity and, in accordance with the legislation of the Russian Federation, has the right to:
Carry out the types of activities provided for by this charter;
On its own behalf, acquire and exercise property and non-property rights;
Acquire real estate, including land plots;
Attract borrowed funds;
Conclude agreements, as well as carry out actions necessary to achieve the goals provided for by the Charter of the Partnership;
Apply to a court or arbitration court with applications to invalidate (in whole or in part) acts of state authorities and local governments, as well as with statements about the illegality of actions officials violating the rights of the Partnership;
Be responsible for your obligations with your property;
Create associations (unions) of horticultural (vegetable gardening, dacha) non-profit associations;
Open bank accounts in the prescribed manner.
1.10. The partnership acquires the rights of a legal entity from the moment of its state registration.
1.11. The partnership has a round seal with its name, stamps, forms, and other necessary details.
1.12. Members of the Partnership are not liable for its obligations, and the Partnership is not liable for the obligations of its members.
2. Subject and goals of the partnership’s activities
2.1. The purpose of the activity is to meet the needs of the Partnership members in the production of agricultural products for personal consumption, leisure and health promotion on the basis of joint development by the Partnership members of the land plot provided for the Partnership and its members.
2.2. The scope of the Partnership's activities includes:
- __________;
- __________________________________________________.
2.3. The partnership also has the right to engage in entrepreneurial activities consistent with the purpose of its creation.
3. Partnership property
3.1. The sources of formation of the Partnership’s property are:
Contributions of members of the Partnership;
Income from entrepreneurial activity Partnerships;
Dividends (income, interest) received on stocks, bonds and others securities and deposits;
Income received from the Partnership's property;
Income received from transactions with securities;
Subsidies and compensation payments provided by state authorities and local governments;
Voluntary property contributions and donations;
Grants received from international and foreign organizations and individuals;
Income received from participation in lotteries, cultural and sporting events;
Other receipts not prohibited by law.
3.2. The Partnership is the owner of common property acquired or created at the expense of a special fund formed by decision of the General Meeting.
3.3. To carry out its activities, the Partnership forms financial funds. The types, sizes, procedure for the formation and use of funds are established by the charter. The General Meeting has the right to adopt an internal document specifying the rules for the formation and management of funds in accordance with the charter.
3.4. General use property acquired and created by the Partnership at the expense of targeted contributions is the joint property of the members of the Partnership.
3.5. The following funds are created in the Partnership:
A trust fund used to purchase public property;
A special fund, the funds of which are spent for purposes consistent with the statutory activities of the Partnership;
Social Consumption Fund, used to provide support to members of the Partnership in the form of loans.
The general meeting of members of the Partnership may provide for the creation of other funds.
3.6. The Partnership's trust fund is created from targeted contributions from members of the Partnership.
The amount and timing of making targeted contributions by members of the Partnership are established by the General Meeting.
3.7. Targeted contributions are cash contributions and are used to purchase public property.
If a member of the Partnership fails to pay the target contribution within the time limits established by the General Meeting, such member of the Partnership is charged a penalty in the amount of 0.1% of the amount of the unpaid contribution for each day of delay, but not more than the amount of the unpaid amount.
If target contributions are not paid more than twice in one financial year, the defaulter may be expelled from the membership of the Partnership.
3.8. The special fund is created from entrance and membership fees of members of the Partnership, income from business activities and other sources listed in clause 3.1 of the charter.
The funds of the special fund are spent exclusively on the acquisition of common property necessary for the statutory activities of the Partnership, and on activities consistent with the goals of creating the Partnership.
3.9. The entrance fee is paid by a member of the Partnership in cash in the amount determined by the General Meeting within 10 days from the date of registration of the Partnership or the General Meeting’s decision on admission to membership of the Partnership.
In case of delay in paying the entrance fee, a member of the Partnership pays a penalty in the amount of 0.1% of the established amount of the entrance fee for each day of delay, but not more than 60 days. After this period, failure to pay the entry fee is grounds for expulsion of the defaulter from the membership of the Partnership.
3.10. The membership fee is established to cover the costs of maintaining the common property of the Partnership and the costs of conducting business activities, for expenses provided for in the estimate approved by the General Meeting.
The amount and terms of payment of membership fees are determined by the decision of the General Meeting.
If a member of the Partnership fails to pay the membership fee within the period established by the decision of the General Meeting of Members of the Partnership, he shall pay a penalty for the time of delay in payment in the amount of 0.1% of the amount of the unpaid membership fee for each day of late payment, but not more than the established amount of the membership fee.
Failure to pay the established membership fees more than twice during a financial year is grounds for expulsion of the defaulter from the Partnership.
3.11. Profit received by the Partnership from business activities is not subject to division between members of the Partnership and is directed to the purposes established in the charter.
4. Rights and obligations of members of the partnership. Partnership membership
4.1. A member of the Partnership has the right:
Voluntarily withdraw from the Partnership at any time with payment to him of the value of his share of the property jointly owned by the members of the Partnership in the amount of targeted contributions;
Participate in the management of the Partnership, elect and be elected to the bodies of the Partnership;
Be hired as a priority to work for the Partnership;
Make proposals to improve the activities of the Partnership, eliminate shortcomings in the work of its bodies and officials;
Independently manage your land plot in accordance with the permitted use;
Use the property of the General Partnership;
Receive information from officials of the Partnership on any issue related to the activities of the Partnership;
Carry out, in accordance with urban planning, construction, environmental, sanitary and hygienic, fire safety and other established requirements (norms, rules and regulations), the construction and reconstruction of residential buildings, utility buildings and structures on a garden plot of land; residential building or residential building, outbuildings and structures - on a dacha plot of land; non-permanent residential buildings, utility buildings and structures - on a garden plot of land;
Dispose of your land plot and other property in cases where they are not withdrawn from circulation or limited in circulation on the basis of the law;
When alienating a garden (vegetable garden, dacha) land plot, simultaneously alienate to the acquirer a share of the common use property within the Partnership in the amount of targeted contributions;
Upon liquidation of the Partnership, receive the due share of common property;
Apply to the court to invalidate decisions of the General Meeting, as well as decisions of the board and other bodies of the Partnership, that violate his rights and legitimate interests;
Carry out other actions not prohibited by the legislation of the Russian Federation.
The General Meeting may establish other rights of the members of the Partnership.
4.2. A member of the Partnership is obliged to:
Comply with the Charter of the Partnership, implement the decisions of the General Meeting;
Bear the burden of expenses for the maintenance and repair of the common property of the Partnership;
Pay membership, target and other fees on time;
Carry out the construction of a garden house and other buildings in accordance with the approved project for the organization and development of the territory of the Partnership, carry out planting fruit trees in compliance with established norms and rules, without violating the rights of owners of neighboring plots and third parties;
Ensure proper maintenance of premises owned by members of the Partnership;
Ensure compliance with established regulatory and technical requirements use, maintenance and repair, reconstruction and modernization of premises or parts thereof without causing damage to property and violating other legally protected rights and interests of other members of the Partnership (owners of neighboring plots) and third parties;
When applied by a member of the Partnership personally or by persons living together with him, as well as by any other persons carrying out activities in the Partnership in accordance with a lease agreement or other legally, damage to the property of other members or the common property of the Partnership, a member of the Partnership is obliged to eliminate the damage caused at his own expense;
Participate in landscaping work, construction and operation of facilities fire safety, engineering infrastructure and maintaining cleanliness on the territory of the Partnership. If it is impossible to personally participate in the implementation of these works, make targeted contributions for their implementation in the amount determined by the General Meeting;
Comply with the requirements of land and environmental legislation;
Do not take actions that damage the Partnership or its reputation;
Use property owned by the Partnership rationally and carefully;
Maintain the environmental cleanliness of the area adjacent to the site;
Store solid household waste and construction waste in strictly designated areas;
Do not disclose confidential information about the activities of the Partnership.
4.3. Each member of the Partnership, in proportion to the targeted contributions made, participates in the payment of taxes, fees and other payments on common property, as well as in the costs of its maintenance and preservation.
4.4. Failure to use a land plot by a member of the Partnership or refusal to use common property is not grounds for exempting him, in whole or in part, from participating in the general costs of maintaining and repairing common property.
4.5. Citizens who have reached 18 years of age and have land plots within the boundaries of the Partnership can become members of the Partnership.
A citizen who wishes to become a member of the Partnership submits a written application to the Board of the Partnership, which, on the basis of this application, puts the issue of admitting the person who submitted the application to the agenda of the General Meeting as a member of the Partnership.
The General Meeting makes a decision on accepting (or refusing to accept) an applicant as a member of the Partnership. From the date of the decision on admission, the applicant is considered a member of the Partnership.
4.6. Each member of the Partnership must be issued a membership book or other document certifying membership by the board of directors within three months after the date of his/her admission as a member of the Partnership.
4.7. Each member of the Partnership has the right to leave the Partnership at any time by submitting a written statement of resignation to the board.
4.8. A member of the Partnership may be expelled from the Partnership by a decision of the General Meeting due to the fact that he:
Violates the terms and procedure for paying membership, entrance and target fees;
Takes actions that cause damage to the property of the Partnership, and also contributes to causing damage to the Partnership in its business activities;
Systematically fails to comply with the decisions of the General Meeting and the Board of the Partnership and violates the provisions of the charter.
4.9. A member of the Partnership leaves the Partnership from the moment he submits an application to join the board and the General Meeting makes a decision to exclude him from the Partnership.
4.10. The Board, within the time limits established for notifying members of the Partnership about the convening of the General Meeting, notifies the expelled member about the inclusion of the issue of expulsion on the agenda of the General Meeting and invites him to appear at this meeting.
If the expelled member of the Partnership fails to appear at the General Meeting, it is entitled to make a decision on the expulsion of the absent member of the Partnership from the Partnership.
4.11. To a citizen who has left the Partnership, the board pays the value of his share in the property of the Partnership in the amount of targeted contributions within two months after the end of the financial year in which the citizen left the Partnership.
4.12. A former member of the Partnership may enter into an agreement with the Partnership on the use and operation of utility networks, roads and other public property for a proportionate fee.
5. Bodies of the partnership
5.1. The Partnership creates:
The Board of the Partnership is the executive body;
The Audit Commission is the body monitoring the activities of the Partnership.
5.2. Supreme body The management of the Partnership is the General Meeting. The General Meeting has the right to consider any issue, including those within the competence of other bodies.
The General Meeting is competent to make decisions if more than 50% of the members of the Partnership are present at it.
The decision of the meeting is considered adopted if a majority of votes of the present members of the Partnership are cast for it. Each member of the Partnership has one vote, regardless of the property contribution. The decision of the General Meeting is documented in minutes.
5.3. The exclusive competence of the General Meeting includes consideration of the following issues:
Approval of the Charter of the Partnership, introduction of amendments and additions to it;
Disposal of the Partnership’s property;
Alienation of fixed assets and land plots, their acquisition;
Making a decision to receive borrowed funds, including bank loans;
Imposition, amount, procedure for payment of fines, penalties, penalties and other penalties on members of the Partnership;
Determining the procedure for covering losses of the Partnership;
Introduction or expansion of the rights of members of the Partnership to make additional shares, introduction of an obligation to make additional contributions;
Making a decision on the reorganization and liquidation of the Partnership;
Consideration conflict situations arising between the chairman of the board and the board, the board and the audit commission.
Decisions on the above issues are made unanimously by all members of the Partnership.
Solutions for the following questions are adopted by a 2/3 majority vote of the Partnership members present at the meeting:
Approval of the Partnership development program, annual report, budget and balance sheet;
Approval of the Partnership’s budget for the year, including necessary expenses for current activities, maintenance of common property, costs for repairs and reconstruction, special contributions and deductions, as well as expenses for other purposes established by law and the Charter of the Partnership;
Determining the types and sizes of the Partnership’s funds, as well as the conditions for their formation;
Distribution or use of income received by the Partnership from business activities;
Election of the chairman of the board, members of the board and members of the audit commission, hearing reports on their activities and termination of their powers, including early;
Election of temporary working commissions;
Resolution of issues regarding admission to membership of the Partnership, exclusion from it, as well as issues related to withdrawal from the Partnership with payment of the cost of the share in the property of the Partnership;
Entry of the Partnership into business companies, unions and associations, as well as exit from them;
The procedure for providing loans to members of the Partnership and establishing the size of these loans;
Determining and changing the size of entrance, target and membership fees, their payment by members of the Partnership;
Making decisions on the provision of easements and other rights to use the common property of the Partnership;
Making decisions on concluding transactions worth more than ___________________ minimum sizes wages on the date of the transaction;
Determining and changing the amount of financial authority to conclude transactions on behalf of the Partnership to the Chairman of the Board and the Management Board;
Approval of transactions made by the chairman of the board or the board in excess of the powers granted to him;
Establishing the amount of rent and other payments for the use of social infrastructure;
Changing the procedure and conditions for joining and leaving the Partnership;
The decision to open representative offices;
Establishment staffing table, the amount of remuneration and compensation for officials and employees of the Partnership;
Consideration of disputes between owners of individual residential buildings located on adjacent (neighboring) land plots regarding the elimination of obstacles to the use of the land plot, including in cases where its boundaries and dimensions are disputed;
Consideration of disputes between the Partnership and its members, members among themselves, as well as between spouses, including former ones, regarding the division of a land plot or determining the procedure for using this plot;
Approval of the internal regulations of the Partnership, including provisions on the board, audit commission, and representative offices.
5.4. The general meeting is convened as necessary, but at least twice a year. The Annual General Meeting is convened no later than two months after the end of the financial year.
The responsibility for convening the General Meeting rests with the board, and in case of suspension of the powers of the board, with the audit commission.
Notification in writing of the convening of the General Meeting, indicating the agenda, place and time of its holding, is sent no later than 20 days by the board of the Partnership before the date of the General Meeting.
A written notice of the convening of the General Meeting is given to a member of the Partnership against signature or sent to him by mail ( by registered mail). The notice of the General Meeting shall indicate on whose initiative the meeting is being convened, the place and time of its holding, and the agenda.
5.5. At its first meeting, the General Meeting develops the rules of procedure for the meeting.
The general meeting is chaired by the chairman or a member of the board and the secretary - a member of the board. In the absence of these persons, the presiding officer may be elected from among the members of the Partnership.
5.6. The chairman of the meeting organizes the keeping of minutes.
Minutes of general meetings are drawn up within three days and signed by the chairman of the meeting and the secretary, certified by a seal and stored in the affairs of the Partnership permanently. Minutes of meetings and certified extracts from them must be provided to a member of the Partnership upon his request.
5.7. The decision of the General Meeting, in case of disagreement with it, can be appealed by the members of the Partnership in court.
5.8. An Extraordinary General Meeting is convened on the initiative of:
Chairman of the Board;
Board or its member;
the Audit Commission or its member;
At least 1/3 of the total number of members of the Partnership requiring a General Meeting.
Notice of an extraordinary General Meeting must be sent by the board, and in exceptional cases - by the initiator of convening the meeting, but no less than three days before the start of the meeting and must contain the wording of the issue to be discussed.
5.9. If there is no quorum at the meeting, the initiator sets a new date, place and time for the General Meeting. A newly scheduled meeting may be convened no earlier than three days and no later than 30 days from the date of the failed meeting.
5.10. The Extraordinary General Meeting is held in the same manner as the regular one.
The decision of the General Meeting, adopted in the prescribed manner, is binding on all members of the Partnership, including those who, regardless of the reasons, did not take part in the vote.
5.11. Executive body The partnership is the board of directors, which carries out the management current affairs, makes decisions on issues that are not within the exclusive competence of the General Meeting. The Board is accountable to the General Meeting.
The Board is elected by the General Meeting from among the members of the Partnership for a period of two years, consisting of at least three people. Re-election of the board may be carried out early at the request of at least 1/4 of the members of the Partnership. The number of board members may be changed by the General Meeting. A member of the board can be re-elected an unlimited number of times. The Chairman of the Board is a member of the Board. Members of the board may be removed from their duties at any time by decision of the General Meeting.
5.12. The Board of the Partnership is competent to make decisions if at least 2/3 of the board members are present.
The decision of the board is made by a simple majority of votes. In case of equality of votes, the issue is submitted to the General Meeting.
5.13. The competence of the board includes:
Property accounting and cash, disposing of them within the limits of the income and expense budget approved by the General Meeting;
Monitoring the timely payment by members of the Partnership of established mandatory payments and contributions;
Making a decision on concluding transactions in the amount of up to ________________ minimum wages established on the date of the transaction;
Organization of work on water supply, electrification, road construction, technical activities and other issues;
Carrying out activities related to the provision of services to members of the Partnership;
Monitoring the implementation of the Charter of the Partnership, decisions of the General Meeting, the Board and the Audit Commission;
Drawing up a draft annual budget, income and expense estimates, submitting them for approval to the General Meeting, as well as submitting reports on the implementation of the adopted estimates;
Carrying out management of the Partnership’s property, leasing;
Organization of protection of property of the Partnership and its members;
Implementation of measures to prevent pollution of the adjacent territory;
Organization of construction, repair and maintenance of buildings, structures, utility networks, roads and other public facilities;
Purchase and delivery planting material, fertilizers, garden tools;
Organization of property insurance of the Partnership and its members;
Preparation of General Meetings, their convening and organization of holding;
Maintaining a list of members of the Partnership, office work, archives, accounting and reporting;
Consideration of conflict situations arising between members of the Partnership and its employees;
Carrying out other actions within the competence of the board of directors by this charter.
5.14. The Board meets as needed, but at least once a month.
The meeting of the board is documented in minutes, which are signed by all members of the board. The minutes of the board are stored in the archives of the Partnership.
The chairman of the board presides at meetings of the board.
5.15. Members of the board are personally responsible for failure to perform or improper performance of their functions before the General Meeting.
The Chairman of the Board and its members bear property liability to the Partnership for losses caused to it by their actions (inaction). Members of the board who voted against a decision that resulted in causing losses to the Partnership or who did not take part in the voting are released from property liability.
5.16. The Chairman of the Board is elected from among the members of the Partnership by the General Meeting, is accountable to it and the Board, manages the current affairs of the Partnership, organizes the implementation of decisions of the General Meeting, the Board and the Audit Commission.
5.17. The Chairman of the Board resolves all issues of the Partnership’s activities, with the exception of those within the competence of the General Meeting and the Board, including:
Without a power of attorney, acts on behalf of the Partnership, represents its interests in relations with other legal entities and citizens;
Independently concludes transactions in the amount of up to __________________ minimum wages established on the date of the transaction;
Provides operational management of the Partnership’s activities;
Organizes the maintenance of accounting and other records of the Partnership;
Concludes employment agreements (contracts), hires and fires employees of the Partnership;
Within the limits of his competence, issues orders and gives instructions that are binding on all members of the Partnership.
The Chairman of the Board is personally responsible for failure to perform or improper performance of his functions before the General Meeting.
5.18. To exercise control over the financial and economic activities of the Partnership, the General Meeting elects an audit commission for a period of two years consisting of at least three people - the chairman and members.
The number of members of the audit commission is determined by the General Meeting. Members of the Audit Commission may be repeatedly re-elected for another term.
The Audit Commission has the right to make decisions only in its entirety.
The Audit Commission meets as necessary, but at least once a quarter.
The Audit Commission carries out its activities on the basis of the regulations on the Audit Commission, legislation and the Charter of the Partnership. The Regulations on the Audit Commission regulate the procedure for its work and its interaction with other bodies of the Partnership, determine the functions and powers of the Audit Commission, the procedure for its formation and early termination powers of its members, the procedure for making decisions and holding meetings of the audit commission.
Members of the audit commission have the right to demand that officials of the Partnership provide necessary information, documents and personal explanations.
5.19. The Audit Commission of the Partnership is obliged to:
Conduct scheduled audits of the financial and economic activities of the Partnership at least once a year;
Check balance sheet, annual report;
Present to the General Meeting of Members of the Partnership conclusions on the budget, annual report and amounts of mandatory payments and contributions;
Give opinions on distribution proposals annual income Partnerships and measures to cover the annual deficit;
Report to the General Meeting on your activities.
6. Accounting and reporting of the partnership
6.1. Operational, accounting and statistical accounting and reporting of the Partnership are carried out in the manner provided for by law RF.
6.2. The Partnership must create and store documentation:
Minutes of general meetings;
Minutes of meetings of the Board of the Partnership;
Minutes of meetings of the Audit Commission of the Partnership;
Lists of members of the Partnership indicating their surnames, first names, patronymics, places of residence and the amounts of their entrance, target and membership fees;
Duty cadastral map with attached log.
6.3. The annual report, balance sheet and annual budget of the Partnership are subject to verification by the audit commission and an independent audit organization before approval by the General Meeting.
6.4. The annual report, balance sheet and annual budget of the Partnership are approved by the General Meeting.
6.5. At any time, a member of the Partnership or his representative, on the basis of a duly executed power of attorney, has the right to familiarize himself with the documentation and financial statements Partnerships.
7. Reorganization and liquidation of the partnership
7.1. The partnership can be reorganized (by merger, accession, division, spin-off, transformation):
Voluntarily by unanimous decision of the members of the Partnership at the General Meeting;
By court decision.
When reorganizing the Partnership, appropriate changes are made to its charter.
The reorganization of the Partnership is carried out by a reorganization commission appointed by the General Meeting. The General Meeting also determines the period for the reorganization of the Partnership.
The Reorganization Commission develops a reorganization plan and submits it for approval by the General Meeting.
When the Partnership is reorganized, its rights and obligations are transferred to its legal successors in accordance with the transfer deed. When the Partnership is divided, its rights and obligations are transferred to the newly arising legal entities in accordance with the separation balance.
7.2. The transfer act and separation balance sheet are approved by the General Meeting. The transfer deed and separation balance sheet are prepared by the reorganization commission and must contain provisions on the succession of all obligations of the reorganized Partnership in relation to all its creditors and debtors, including obligations disputed by the parties.
7.3. The partnership may be liquidated:
By unanimous decision of the members of the Partnership adopted at the General Meeting;
By court decision;
In other cases provided by law.
7.4. When making a decision to liquidate the Partnership, the General Meeting appoints, in agreement with the body that carried out the state registration of the Partnership, a liquidation commission. From the moment the liquidation commission is appointed, the powers to manage the affairs of the Partnership are transferred to it.
The liquidation commission acts in court on behalf of the Partnership.
At the request of the General Meeting, the management of the Partnership may be assigned responsibilities for carrying out liquidation.
7.5. The procedure for liquidation of the Partnership is determined in accordance with the civil legislation of the Russian Federation.
7.6. The property of the liquidated Partnership remaining after satisfaction of the creditors' claims is transferred to the members of the Partnership and distributed among them. Property that is jointly owned by the members of the Partnership and remains after satisfying all claims of creditors, with the consent of the members of the Partnership, is sold with public auction, and the proceeds are transferred to the members of the former Partnership in equal shares.
Signatures of the participants of the founders' meeting:
________________________________________
________________________________________
To the Chairman of SNT, ONT, DNT, TSN, consumer cooperative!
From January 1, 2019 new law obliges to change the Charter of the association
In connection with the entry into force on January 1, 2019 of the federal law of July 29, 2017 No. 217-FZ "On gardening and horticulture by citizens for their own needs" it is necessary to replace the Federal Law No. 66 "On horticultural, gardening and dacha non-profit associations of citizens" The association's charter is in accordance with the new law.
It follows from Article 4 of the new law that if citizens are allocated plots of land with the type of permitted use “for gardening” or “for vegetable gardening,” then they can create only two forms of associations: horticultural non-profit partnerships and vegetable gardening non-profit partnerships.
Federal Law No. 217-FZ Article 4. The organizational and legal form of a non-profit organization created by citizens to conduct gardening or vegetable gardening
1. Owners of garden plots of land or vegetable plots of land, as well as citizens wishing to purchase such plots in accordance with land legislation, may create horticultural non-profit partnerships and vegetable gardening non-profit partnerships, respectively.
2. Owners of garden plots or vegetable plots of land located within the boundaries of a gardening or vegetable gardening territory have the right to create only one gardening or vegetable gardening non-profit partnership to manage common property located within the boundaries of this gardening or vegetable gardening territory.
3. A gardening or vegetable gardening non-profit partnership is a type of partnership of real estate owners.
Accordingly, it is necessary to bring the Charter of the partnership into compliance with the new law before January 1, 2019.
What does the new law say about the Association's Charter?
Federal Law No. 217-FZ Article 8. Charter of the partnership
The charter of the partnership must indicate:
1) name of the partnership;
2) organizational and legal form of the partnership;
3) location of the partnership;
4) the subject and goals of the partnership’s activities;
5) the procedure for managing the activities of the partnership, including the powers of the bodies of the partnership, the procedure for making decisions by them;
6) the procedure for admission to membership of the partnership, withdrawal and exclusion from the number of members of the partnership;
7) the procedure for maintaining the register of members of the partnership;
8) rights, duties and responsibilities of members of the partnership;
9) the procedure for making contributions, the liability of members of the partnership for violation of obligations to make contributions;
10) composition, procedure for formation and powers of the audit commission (auditor);
11) the procedure for acquiring and creating property for common use of the partnership;
12) the procedure for changing the charter of the partnership;
13) the procedure for reorganization and liquidation of the partnership;
14) the procedure for providing members of the partnership with information about the activities of the partnership and familiarization with the accounting (financial) statements and other documentation of the partnership;
15) the procedure for interaction with citizens engaged in gardening or vegetable farming on land plots located within the boundaries of the gardening or vegetable farming territory, without participation in the partnership;
16) the procedure for making decisions at the general meeting of members of the partnership by absentee voting.
Algorithm of actions:
1. We are writing a draft of a new Charter in accordance with the articles of the new law, which must necessarily reflect the history of the association from the moment of receipt of the land plot.
In the draft Charter we necessarily indicate that all citizens who have land plots within the territory of the association are founders of a non-profit partnership. We also point out that membership in the partnership follows the fate of the land plot. We describe in detail the history from the moment of allocation of the land plot and the organization of the partnership, changing its name, indicating documents confirming the history, OGRN.
2 We discuss the draft Charter at a meeting of the Board and put on the agenda of the next general meeting of members of the association the discussion and adoption of a new Charter of the horticultural or vegetable farming partnership.
3. At least 2 weeks before the general meeting for all citizens. having land plots on the territory of the association, we provide the opportunity to familiarize ourselves with the draft Charter.
4. We convene and hold a general meeting in accordance with Federal Law No. 66-FZ and the current Charter of the association after the entry into force of Federal Law No. 217-FZ.
5. We draw up the Minutes of the general meeting of founders in accordance with Federal Law No. 66-FZ, the Civil Code and the current Charter of the association.
6. We form a package of documents for submission to the Federal Tax Service:
1). application for state registration of changes to constituent documents (form No. P13001);
2). decision to amend the constituent documents of a legal entity;
3). amendments to the constituent documents or constituent documents in a new edition in two copies (in case of submission of documents directly or by post);
4). receipt of payment of state duty.
7. We notarize documents.
8. We provide documents to the Federal Tax Service after January 1, 2019, within 3 days after the decision on reorganization was adopted at the general meeting of founders.
The Chairman of the Trade Union of Gardeners of Russia and the Chairman of the National Council for Land Policy and Housing and Public Utilities Lyudmila talks about the new Charter of the partnership and the problems of gardeners and vegetable gardeners after the entry into force of Federal Law No. 217-FZ “On the conduct of gardening and horticulture by citizens for their own needs” on January 1, 2019 Danilovna Golosova.
Video from July 3, 2017, St. Petersburg. Conference of gardeners under the auspices of the Trade Union of Gardeners of Russia and the Trade Union of Gardeners of St. Petersburg and the Leningrad Region in connection with the adoption of Federal Law No. 217-FZ on July 29, 2017 “On the conduct of gardening and horticulture by citizens for their own needs.”
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