How to create a hsk from existing garages. How to create a garage cooperative: answering questions. Documents of the governing and executive bodies of the cooperative

In urban conditions, car storage is a big problem, especially for residents of apartment buildings. There are very few garage buildings in the yards and demand always exceeds supply.

In a civilized way, the issue is resolved only by building a garage cooperative, where motorists can freely purchase a garage for their needs.

The association of citizens into a garage-building cooperative is possible if there is an initiative group and its leader, interested citizens who provide all possible support to the initiative group, as well as a reserve of patience, because paper work is not an easy task.

The functioning of a garage-building cooperative is based on the support of its members or organizations that systematically make monetary contributions in order to maintain its performance.

The positive side of GSK is the resolution of issues by joint efforts. It is much easier to conduct business activities by legal entities. Supply of water, electricity, removal of municipal solid waste - these are the most important issues to be resolved in the association.

An example of an extract from the register of legal entities.

However, GSK has a significant drawback - the garage is not the unconditional property of the owner. Before buying a ready-made or building a future garage, one should become a member of the society and make the necessary contributions, only then he will be allocated land or a building for personal use.

Contributions must be made monthly, as well as pay for electricity by the meter and other utility bills.

If a GSK member built a garage on his own, then it is his property, but the land on which the building stands is not. Sometimes, more as an exception, it is possible to formalize the privatization of a building. But you need to be prepared for the fact that at the end of the lease, the city authorities may not renew it and demolish all the buildings.

AT this moment there is no law detailing the registration of a garage-building cooperative. GSK is not subject to the provisions of the Federal legislation on non-profit organizations.

And the law No. 3085-1 of 06/19/1992 directly states that the management of the activities of consumer cooperatives does not affect the scope of the GSK.

What is the basis for registering a garage cooperative

Chapter 4 of the Civil Code of the Russian Federation and Federal Law No. 99 dated 05/05/2014 as amended on 07/03/2016 state that a garage-building cooperative is an organizational and legal form legal entity, which has a non-commercial direction.

At the same time, Article 50 prescribes the points regarding decisions aimed at the approval of a legal entity. The decision must invariably contain a clause on the writing and adoption of the charter of the legal entity.

The charter of the GSK must be developed based on the USSR Law of May 26, 1988 No. 8998-XI “On Cooperation in the USSR”, but stipulating points that in no way run counter to the current modern legislation of the Russian Federation.

Brief step-by-step instructions for organizing a garage cooperative

In a concise step by step instructions I want to talk about all the pitfalls and features of registering a garage-building cooperative so that our readers, after weighing all the pros and cons, can properly and competently organize the process.

Law on the procedure for creating a consumer society.

So what are the steps to take:

Creation of an initiative group.
The decision to create a GSK, documented, must be made together with the initiative group. It should be composed of dedicated and stakeholders who want to get their share in the cooperative and are always ready to help. In turn, the organizer should use all means of persuasion, demonstrate no hefty oratory, because to convince the people of the need and expediency of building a garage microdistrict is sometimes a thankless and difficult job. It is possible to find future members of the organization among neighbors, work colleagues, those who have not resolved the issue of storage vehicle.
After collecting the initiative group and approving the decision to create a documentary, you should begin to develop documentation for the establishment of the project.
And for starters, it is worth drawing up and approving the charter of the garage-building cooperative. It should indicate the main features of the creation, activities and work of the society, as well as the source of funding.
The next step is to register the cooperative.
Compiling full package constituent documentation, the organization should be registered and registered with the local tax office. But before submitting the documentation, it is necessary to register bank accounts for each member of the garage-building cooperative, as well as for the association as a whole.
At the end of the registration process, you should take up the land.
A place is agreed with the local government administration and a lease agreement is signed with the right to further extension. Each region sets its own specifics of land lease, so for comprehensive information, you should contact the local land administration directly. The lease agreement is registered at the regional registration chamber.
Pick a good one construction company With conscientious workers and conclude a contract with them for the design of a cooperative.
With the foreman, you should discuss the main points and estimates of construction. To the best of your ability, exercise control over their actions during work. Upon completion, it is imperative to issue documentation for the operation of the cooperative.
Next is the final registration.
The registration procedure is simple: the chairman submits well-formed documentation to the registration authority and after some time the garage-building cooperative is allowed to operate.

It is important to remember that in the process of creating a GCJ registration, the chairman is responsible to the partners, so he must act clearly, competently and accurately. The biggest difficulty can be legally correct design necessary documentation.

This issue should be studied carefully by yourself or resort to the help of a competent lawyer, in order to avoid further returns, alterations and loss of precious time.

How to create an initiative group and organization of a garage cooperative

The initiative group includes people who own cars or any other types of vehicles who want to organize a garage-building cooperative. The group includes any number of members, but not less than three together with the chairman of the association.

People can be united by living in the same microdistrict or working at the same enterprise.

In order to function effectively, the members of the initiative group must possess the following qualities:

awareness in business matters;
awareness of the current legislation for the preparation of the charter of the organization and contractual documents;
qualified ability to draw up documents;
it is easy to make contact in order to negotiate clearly and competently;
be able to comply with financial reporting requirements.

Article 11 of the law on the rights of shareholders.

But in case of a lack of qualifications in any matter, it is worth attracting a paid specialist, so as not to redo all the work later.

We write the charter of GSK

The main document, without which the creation of a garage-building cooperative is impossible, is the charter. It outlines the main points that allow you to resolve contentious issues without resorting to the help of lawyers. The charter is written in detail, bringing in any trifle, because even a trifle can become a stumbling block.

Let us briefly dwell on the main points that should be written in the charter:

General provisions

The document indicates the name of the association, its legal status, the exact address and what the association does. It should certainly be noted that the GSK has the necessary attributes of a legal entity: stamps, round seals, letterheads, open accounts in the bank. All of the above must be booked in advance.

Purpose and subject of the lesson

The paragraph is devoted to determining the reasons that prompted the initiative group to take action to create a cooperative. It should fully describe the main goal and how it was going to be achieved.

It should be noted that the garage-building cooperative is a non-profit association and its main work is to provide members of the cooperative with a place where they can store vehicles.

Own

Here you should indicate what the GSK budget and other financial points will be formed from. Briefly describe the property on the balance sheet of the cooperative. Prescribe the creation of a fund of membership fees, their amount and main items of expenditure. The system of financial punishment for delay and non-payment of contributions is also indicated.

Regulatory authorities

It is generally accepted that there are three governing bodies in the GSK: a meeting of members, a chairman and an audit meeting. Members of the cooperative have the right to make measurements in the fundamental documentation, determine the amount of membership fees, accept or exclude members of the association.

The chairman organizes the smooth functioning of the cooperative, convenes meetings on important issues, collects fees, plans expenses and controls the list of members of the cooperative.

The Audit Assembly is the control body. They control the financial aspects of the cooperative's activities. They should not include board members.

Members of the cooperative

Website of the Federal Tax Service.

It prescribes the process of joining the GSK and the rights of its members. The rights are as follows: members of the cooperative can participate in management, receive payments, freely leave the company if necessary, receive all information about the activities of the cooperative, and in case of liquidation, be able to receive their share of the property.

In addition to rights, members of a garage cooperative must also have obligations, such as: comply with the charter, comply with fire and sanitary safety rules, and pay the necessary contributions on time.

It is also necessary to note the conditions under which it is possible to exclude from members of the community: arrears in contributions, violation of the above rules, keeping property in an indecent form, causing damage to property and the work of the cooperative.

Liquidation and restructuring of the cooperative

It describes the reasons for the possible dissolution or merger of cooperatives. This issue is decided at a meeting of members by unanimous vote, but it happens that the decision is made by the court on the basis of the bankruptcy of the association.

Accounting

The conditions of accounting work and the frequency of reporting to members of the cooperative are described.

It describes the main provisions that should be in the charter, but their number can be increased by introducing items related to the activities of a particular cooperative.

Contribution types

The contribution is a mandatory financial component of membership in a garage cooperative. GSK functions only thanks to various types of contributions, so it is not worth neglecting their payment, because punishment is provided for late payment, up to exclusion from the community.

The amount of contributions is decided collectively at meetings and is the number necessary for the maintenance and construction of garage premises. Even fairly large amounts usually do not bother shareholders, because everyone understands the cost construction works and land leases.

In addition, keeping the car on the street, exposing it to attack by intruders, is sometimes more expensive.

An example of the charter of a garage cooperative.

Entrance fee.
A new member of the cooperative must pay a certain amount spent on the registration of documentation required for membership in the GSK.
Membership fee.
Paid for the maintenance of the smooth functioning of the GSK, for the utility costs of the cooperative and the payment of wages to full-time employees.
Share contribution.
It is not necessarily financial. It can be paid with securities, movable or immovable property or transfer of property rights.
Additional payment.
Exists to cover unprofitable GSK items.
Target contribution.
It can be paid not constantly, but only at the request of the GSK board, and is aimed at unscheduled repairs, prevention or modernization of the property of the cooperative.

GSK bookkeeping

The main and, perhaps, the only source of obtaining funds to the GSK account, necessary for the conduct of statutory activities and the functioning of the association as a whole, are finances deposited into the current account by shareholders in the form different kind contributions.

Contributions help pay wages staff members GSK, pay for current needs and not be left broke in case of unforeseen expenses.

Compulsory contributions and other payments are obliged to collect and keep records of the chairman of the garage society. The accountant of the cooperative is engaged in an uninterrupted accounting process.

GSK has a simplified scheme of the tax collection system, in accordance with paragraph 4, part 2, article 6 federal law"About Accounting".

There are two ways to do this tax:

The object of taxation "Income" and its tax rate is 6 percent.
The object of taxation "Income minus Expense" and its tax rate is 15 percent.

The accountant, together with the chairman of the association, study both options and choose the one that suits this particular GSK.

Registration of GSK in the federal tax service

Registration of a garage-building cooperative in the tax service is carried out on a general basis according to the rules adopted by a legal organization.

The package of documents submitted to the tax service must consist of the following:

charter GSK, printed in two copies;
minutes of the meeting by decision of the GSK institution;
an application certified by a notary for registration of the association in the form P11001;
a receipt certifying payment of the state fee.

Documents can be transferred in three ways: a personal visit to the tax office, using the services of mail and through the website of the Federal Tax Service of Russia, as evidenced by Article 9 of Chapter 3 of Federal Law No. 129.

According to the new changes, notarization is not required if the founder personally submits the documents. But if there are two or more founders, then one cannot do without the services of a notary, or the founders must appear at the tax service in full force.

An example of an application for registration of a cooperative.

According to the changes, when submitting Form P11001, paragraph 52.21 is filled out about "... the activities of roads, bridges, tunnels, parking lots or garages." Innovations must be tracked and the form must be filled out correctly, otherwise it is possible to avoid failure due to incorrect design of the form, which is read by specialized equipment.

It is possible to apply for registration countless times, but the paid fee is non-refundable and must be paid each time the next time a package of documents is submitted.

Opening a checking account

The current account exists to collect mandatory payments from GSK members and conduct various payment transactions.

Association members in without fail are supplied with personal accounts, and produce this procedure possible in several ways:

Personally go to the nearest branch of the bank and write an application.
Reserve a personal account using the online banking services.

You must have with you:

documents confirming the existence of GSK;
extract from the Unified State Register of Legal Entities;
form with sample signatures of the main management team;
information about the client in a bank form;
documentation confirming the actual appointment to the post of people noted in the form with sample signatures;
documentation confirming the powers and rights of a single body of a legal entity.

A current account is opened fairly quickly, provided that the package of documents submitted is correctly executed.

Conclusion

The process of organizing a garage-building cooperative is quite complex and exciting at the same time. It will take a lot of time and effort to draw up a charter, collect and process the necessary documentation, so it is important that among the members of the initiative group there are legally literate people.

But in the absence of such, you should not despair, perhaps you will turn to an intelligent lawyer for help, or even entrust the procedure to special firms that provide services for the complete preparation of documents for registration. This will avoid many mistakes and shorten the processing time.

. . Date: February 21, 2016. Reading time 7 min.

A capital garage is the same piece of real estate as a residential building. If it is not formalized, then it will be impossible to sell, bequeath or donate it, and sometimes it costs a lot of money. Registration of property rights is complicated by the fact that many owners do not have Required documents.

In connection with active urban development, cases of demolition of garage complexes have become more frequent. Therefore, the owners of one or even several boxes in GSK are seriously concerned about the question of how to register the garage as a property. Even if the city needs the territory for development, the legal owners will be compensated in this case. The amount of it usually covers the cost of buying or building another "motorhome" to replace the lost one.

Documents for detached garages are also better to put in order. During cadastral work, any object is marked on the plan, but from a legal point of view, this is not property, it has no value. In addition, any discrepancies between the actual data and the documents may cause a refusal to register ownership.

Of course, we are not talking about temporary structures such as "shells" and the like. They are easy to drag when a “threat” arises. An immovable object is a capital structure that is inextricably linked with the land. Registration of a garage in the property, the procedure - differ depending on where it is built and on what land. Let's consider three typical situations.

Construction on suburban area, in the courtyard of a private house.
A separate building on "foreign" (unregistered) land.
Boxing in a common garage array, cooperative (GSK).

General rules for registration of real estate

Despite the variety of situations associated with garages, they are issued according to the same rules as any real estate. To obtain a certificate of ownership, you need to contact Rosreestr and submit three main documents:

certifying ownership- contract of purchase, shared construction, certificate of payment of a cooperative share, certificate of inheritance;
cadastral passport- only the object registered in the State Property Code is registered in the property;
proving the right to use the land- a lease agreement, a decision of state bodies on the allocation of a plot, a certificate of ownership.

In addition to the listed documents, you will need: a passport, a receipt of state duty. The application is filled out on the spot. You can also apply through the MFC and the State Services portal. Registration is made within 10 days. The registration chamber itself can request a passport and information about payment, but it is better to present them - to save time.

The problem is that many of the actual owners do not have any documents, or they are not properly formatted. Mass construction of GSK fell on the 70-80s, then they were not subject to cadastral registration. There were many violations during construction, documents were carelessly stored, and sometimes destroyed deliberately. How to register a garage as a property, where to start in each case - read below.

Garage on own property

There is only one fundamental difference between a personal garage (Fig. 1) and a house: it is a non-residential building. Its construction does not require a building permit, unless it is intended for commercial purposes. Difficulties do not arise if:

own land or there is a lease agreement with the right to build;
agricultural lands, designated purpose - summer cottage, gardening;
the site is allocated for individual housing construction, land of settlements.

To qualify, you need:

Check upon request (Rossreestr) - whether the garage has been registered (if you bought a plot and do not know this for sure);
If the answer is negative - prepare a technical plan (BTI, or from a cadastral engineer) according to the available technical documents or declarations (letter of the Ministry of Economic Development D23i-1644, 05/14/2014);
Put the object on the cadastral register (10 days), get a passport (5 days).

A BTI technical passport issued before 2008 (before the introduction of the Cadastre Law) is equated to a cadastral one. All such objects should have been automatically registered with the State Property Committee.

Private owners sometimes underestimate the importance of official registration, out of laziness or out of unwillingness to pay property tax (by the way, it is not taken from summer cottages). Winning a boundary dispute with a neighbor can lead to the fact that he is behind your fence, and access to the “red line” can lead to demolition at his own expense.

Legalization of unauthorized garages

The arbitrariness of the building is determined by three signs:

there is no building permit;
urban planning norms are violated;
located on land not allocated for this purpose.

The first two conditions are not essential, the stumbling block is the earth. There are two situations here.

The garage is owned, the land is not. This is possible, all laws (on real estate, cadastre, land) were adopted at different times, there was a lot of confusion. If there is a lease agreement, a decision to allocate land - the owner has a pre-emptive right to privatize the plot under the building under Article 39.20 of the Land Code. Required:
- apply to the administration with an application and attach the cadastral passport of the site; if it is not there, carry out land surveying at your own expense, submit it to the State Property Committee;
- after obtaining permission to register the land in the property (Rossreestr).
There are no documents, land rights. Legalization of unauthorized construction will not work. Until 2006, this was allowed (clause 3, article 222 of the Civil Code), if the administration, at the request of a citizen, allocated an actually occupied site to him. Now the right to such property can be recognized only by the court. And not only for those who built the garage - but also for the owner of the land, for example, the city.

It is not worth counting on Article 234 of the Civil Code (acquisition prescription over 15 years). Courts generally do not consider such possession to be in good faith. Of course, if some additional documents, testimonies, etc. are presented, the issue can be resolved positively.

The procedure for registration of garages in GSK

We mentioned above that decorating a garage does not require obtaining permits. But this rule only applies to individuals. GSK is a legal entity, therefore Rossreestr additionally requests: an act of commissioning (before 2005) or permission to enter a garage complex (after this date). 2 situations are common.

The act of input (permission) is available. This means that the land plot has been registered with the cadastre, an inventory has been made, and all technical documents are available. The first of the GSK members who applied, provides:
- Charter GSK, certificate of state registration, orders for the appointment of the chairman and chief accountant, lists of members of the cooperative.
- land documents, technical documentation BTI.
- certificate of membership in the GSK and full payment of the share (issued by the chairman).
- passport, receipt of payment of duty.
- cadastral passport - if there is an act of entry, it is issued without complications.
All subsequent applicants of this GSK will only need to submit personal documents and a certificate from the cooperative. If the registration goes inconsistently, each applicant carries a copy of the documents for land and a passport.
No commissioning permit available. For old cooperatives, this is a typical problem. If land plots were allocated to GSK members individually, you can act as individual. Contact a cadastral engineer, draw up a technical plan, receive a passport. If the garage stands separately (Fig. 2) - there are no problems, but this rarely happens. Having received a certificate of title, the owner can privately privatize the land. Surveying - at your own expense.

Previously, cooperative garages were usually built in rows (Fig. 3). For a separate box, you can issue a passport only as a room in a building, for which the entire line is taken. In this case, it is required to register the entire building. For buildings, structures - you need an act (permit) for commissioning. The way out of the vicious circle is through the court. There are regions where such design is a common practice. The basis for the claim is the denial of registration.

When all garage owners in GSK become owners, they can apply to the administration on behalf of GSK (plus the decision of the meeting) for privatization land plot and take ownership of it.

How much does it cost to own a garage

The total costs for the design of the garage are the sum of the following costs:

drafting technical plan: calculated based on the scope of work, in all regions the price is different; in MO for an object less than 50 sq.m. - from 6,000 rubles, in Moscow - from 25,000 rubles;
obtaining a cadastral passport - 200 rubles for an order through the Rossreestr website;
payment of the state fee for registration of property rights - from 350 rubles (for a summer cottage, personal plot) to 2,000 rubles.

The work of a cadastral engineer is the most expensive. If you have old technical documents, you can save money. But if everything, starting with measurements on the ground, is carried out with clean slate plus drawing up a plan - you need to prepare a decent amount. It is easy to submit documents to Rosreestr without overpaying for the services of intermediaries.

Addition: Do you have any questions? Ask them professional lawyer through the legal advice service “Pravoved”.

The Garage-Construction Cooperative (GSK) is very popular today. According to the legislation of Russia, this kind of consumer organizations refers to non-commercial form activities. When it is created, people unite on a voluntary basis for further ownership of the premises in which their vehicles will be stored. Consider the procedure for registration of such a legal structure.

Basic principles

The work of the GSK is based on the membership of citizens or organizations that systematically contribute their share in the form of shares to maintain its functioning. The provision on such a garage society in our country is not regulated by certain legislative acts. Therefore, all its activities are regulated by Article 116 of the Civil Code on consumer cooperatives, of which it is a type, and the Law "On Cooperation in the USSR" No. 8998-XI of 26/5/88.

Preparatory stage

A civilized solution to the problem of car storage is the creation of an alliance of like-minded people who want to build and design a complex of garages. Their number must be at least five people. Therefore, the first step in this matter will be the search for such people to form an initiative group. Undoubtedly, it is necessary to show considerable organizational skills and, most importantly, to interest potential members in the future prospects of the cooperative. You can search for like-minded people anywhere - at the place of residence, at work or in places where motorists gather. The result of such a merger will be the documenting of the common desire of all members of the group to create a GCW.

Algorithm of actions of the initiative group

When like-minded people are found, start the process of preparing for the legal registration of such an association:

Work together to develop the charter of the GSK. It should contain the purpose of creation and the subject of the organization's activities, indicate the details of the cooperative (name, address, etc.) and all financial information.
Gather a package of constituent documents.
Contact the tax administration at the location of the cooperative for its registration and registration.
Open a current account for the entire association and separately for each of its members. Members of the cooperative will make all types of contributions (share, admission, membership, etc.) to their personal accounts. The implementation of these actions is necessary before the opening of the GSK.
Take care of the design of the lease of land on which the complex of garages will be located. To do this, visit the authority in whose department issues of land use and urban planning.
Find a trusted construction organization and conclude a construction contract with her.

All issues related to the decision to organize the GSK are taken at the general meeting of the founders.

Registration of GSK and the necessary package of documents

Registration of a garage society takes place according to uniform rules established for legal organizations. So, submit the following documents to the authorized body:

Charter of the garage cooperative in two copies;
Protocol general meeting where the GSK participants decided to open it;
Notarized application for registration of the association in the form P11001;
Receipt confirming the payment of state duty.

By the way, now for the transfer of documents it is not necessary to personally visit the tax office or use by mail. Papers can be submitted by visiting the website

Garage cooperatives have become a very popular phenomenon in our time. With their help, you can forget about a lot of problems - about the protection of the garage, the repair of access roads and many others. In order to get a place in an existing garage cooperative, you need to buy it. If you want to participate in the GSK, but there is no such box at the place of the purchased box, then you can create it together with other owners of garage boxes. Creating a garage cooperative solves many problems in a civilized way.

Garage cooperatives have become a very popular phenomenon in our time.

The concept of a garage cooperative

The garage cooperative is a non-profit association of citizens. The cooperative controls and manages and operates common property, solves the issue of storing personal vehicles of the participants of the GSK garage. Everything is purchased and built in GSK at the expense of members and other material assets. Joining the GSK guarantees that for membership fee all problems with the storage of the vehicle and its protection will be solved.

Unlike others non-profit associations, the commissioning of garages of this type and the organization of the work of this association has features that must be taken into account. Some of these features need to be taken into account even when the creation of the GSK is only planned. Since a garage-building cooperative is registered with the tax service, a registered cooperative cannot exist as a legal entity.

Before you start creating a cooperative, you need to make a list of those who will be in it. Future members of the cooperative can be united by both the place of work and the place of residence or any other sign. The designation of garages as operating garages means that they are operational. GSPO garages should become a comfortable place for the use of their car owners. They come into existence after they are properly registered, the first meeting is held and the charter is created. But first things first.

Procedure for creating a garage cooperative, step by step instructions

A garage cooperative begins to form with the creation of an initiative group that will deal with all issues, organize people to draw up documents and develop a charter and resolve current issues. These people should not be wondering what GCW is, they should be looking into the matter and knowing what they are doing. The organization procedure, the procedure for actions should be aimed at obtaining permission from local governments to create a garage cooperative.

The created initiative group must complete all stages of the step-by-step instructions:

Create a journal of minutes of the general meeting of owners.
Create a charter for a garage cooperative.
Write down the rules for using the garage.
Obtain permission to put into operation the garage.
Create the coat of arms of the cooperative.

The Articles of Association should establish what the membership fees for the use of the garage should be, how much the entry fee will be, and indicate the sources from which the funds will come. After founding documents will be ready, you need to take them to the tax office and register the GSK there, putting it on the appropriate account. This action is performed by the location of registration.

Before the GSK is registered, it is necessary to open a current account of the cooperative, to which its members will be able to contribute funds.

After that, step by step instructions should be followed:

After the constituent documents are ready, you need to take them to the tax office and register the GSK there

An act of choosing a land plot and an act of a lease agreement for the selected territory was drawn up.
With the act of choice, you need to contact the town planning body of the city or the body that is in charge of land use issues. There they must study it and sign the lease. It is they who usually own land that is not privately owned.
Obtain a cadastral passport of the object.
Register the received act of lease in the state registration service of the region.
Conclude an agreement with a pre-selected construction company for the creation of the project and the construction of the GSK.
After the facility is commissioned, draw up contracts for the operation of the GSK, which will spell out the relationship between the GSK and the operating organizations.
If an association is created, then documents are immediately submitted to register the owners of garages as owners. To do this, all the necessary documents are collected and submitted to the Registration Chamber. If the documents are lost, how to restore them - go there and get a duplicate of the certificate.
Putting the object into operation assumes the presence of all communications in the cooperative - it is impossible to open a cooperative without electricity and sewerage.

Connection to the power grid is carried out on the basis of an application after a cadastral passport is received. The object must have legal address, if you later have to change it, you must notify all the authorities in which the address is registered.

Where to complain if registration of an association is denied - file a complaint with the same body that refuses or with a higher body.

Most of the organizational issues are decided by the chairman of the garage cooperative. The management of this non-profit organization is carried out by the general meeting of all members of the organization, but the solution of specific problems is delegated to the chairman. He assumes the powers of management, performs the duties official on behalf of the organization, and also has its own rights. If an unsuitable manager is in power, then the general meeting can remove him from his post.

Most of the organizational issues are decided by the chairman of the garage cooperative

The chairman has the right to speak on behalf of the organization, sign contracts, open and close bank accounts, give instructions to employees in his subordination. It is this person who hires and fires from her, all personnel issues go through him. He deals with the financial side of the issue, if there is no accountant - he collects fees for the use of garages, consults if necessary. He maintains accounting and statistical reporting, negotiates with contractors and pays for their work. The chairman knows how to properly negotiate with resource companies.

It is this person who organizes security issues and will answer to the owner of the car in case of damage or theft. Any flaws in the security system are reflected on the chairman. The amount of wages that the head of garages receives depends on the consent of all members of the organization.

The chairman himself does not have the right to appoint himself a bonus or salary. For a long time, you can not even count on receiving financial resources - the wage fund is formed from the contributions paid. If the cooperative has less than 20 garages, then you can not count on any salary.

To re-elect the head of the organization, it is enough to hold an extraordinary meeting of the owners of the boxes. If the people at this meeting unanimously vote to change the leader and choose a person for this position, then there will be a change of power. In order to become chairman, it is enough to nominate your candidacy and say a few words in your favor.

At the moment when the vote has passed, the former chairman loses his rights and no longer fulfills his duties. He transfers to the new contractor all the protocols, contracts and other documents he has, necessary for maintaining economic activity. After the re-election takes place, it is necessary to write a corresponding application, attach the minutes of the general meeting with all signatures and send it to the supervisory authority to change the data in the register of the association.

Creation of an initiative group

The general meeting of future members of the GSK must elect the composition of the initiative group. It is desirable that these people have an economic, legal or managerial education. It is important that these people be trusted. Through open voting, people are selected who will be involved in the development of the charter and other processes of preparation for the opening of the GSK.

You can use the services specialized companies who will help with the organization and opening of the cooperative. But the creation of an initiative group in any case is necessary, because it is these people who have the right to sign on behalf of the future organization until the chairman of the association has been elected.

Opening a bank account

To conduct business activities of the organization, it is necessary that the cooperative has its own bank account. It is replenished with various contributions from members of the association, income from investors, income from the organization's business activities and bank loans.

Income can be:

To conduct business activities of the organization, it is necessary that the cooperative has its own bank account

Leasing of premises.
Warehouse opening.
Small production of various orientations.
Tire fitting.
Score.

Separately, a bank account is opened for the organization, separately - for each member of the cooperative. If everything is done according to this plan, it will be much more convenient to collect and keep records of contributions from members of the organization.

Garage cooperative: features of financial activity

Contributions can be:

Introductory.
Equity.
Membership.
Additional.
Target.

Entrance fees are paid by those citizens who have become a member of the association for registration as a member of the cooperative. Membership dues for garages are paid by citizens to pay the salary of the chairman and other full-time workers. The share contribution can be not only in monetary terms. It can be securities or any property rights, but here it is important that these material values \u200b\u200bare first evaluated.

Additional contributions are paid to cover the losses of the organization's existence. earmarked contributions on the garage are allocated for the purchase or construction of property. This may be the purchase, construction or modification of existing buildings, major repairs or upgrades at the discretion of the general meeting of the organization's members. The minutes of the meeting at which it was decided must be created.

Any change to existing buildings or the construction of new ones begins with the fact that a cost estimate is drawn up and approved by the members of the association. Accounting must be maintained for any activity that requires financial outlays. If the accounting worker conducts accounting poorly, then this may turn out to be fines later and confusing reporting.

Required documents

Any GSK should have a list of documents according to which the organization's activities are carried out. The cooperative is registered with the tax service, has a cadastral passport and a charter, according to which its activities are carried out. About what documents should be, you can ask the chairman. Each cooperative must have the following documents:

Application for registration, certified by a notary.
Charter.
Minutes of the meeting of founders or the general meeting of members.
Receipt stating that the state fee has been paid.

Also, a garage-building cooperative must have accounting and statistical reporting, the form of which is approved by law for non-profit organizations. At the end of each period, they must submit these reports to the regulatory authorities. There should be a list of participants who have been issued membership books.

Each member of the association must have their own membership book., which confirms his participation in this organization and is the basis for attending general meetings. Even if the previous owner of the garage claims that he bought the garage with a membership book, you should not listen. The purchase of any garage occurs under a contract of sale.

Development of the charter of the garage cooperative

The charter of a garage cooperative must be a model paper and must contain the main chapters. These include:

General provisions. In this part of the charter, it is necessary to indicate the full address of the organization, its name, in which there should be an indication of the subject of activity. It must be indicated that the garage cooperative is a legal entity with all the required attributes.
Objectives of activity and subject. The charter of the cooperative must contain a clear answer in this part, for what reasons it was created. Also, in this part it is indicated by what means the goal will be achieved. These can be any contracts that will help the cooperative to exist - a contract for the lease of land, for construction with a contractor, for the connection of engineering networks and other contracts.
In this part, we should talk about the property that is administered by the organization, all financial issues that form the property of the cooperative. Signs in detail on the basis of what property the cooperative is created, all types and sizes of contributions that will be present. The types and possible expenses of the GSK, penalties and fines for late delivery of funds or refusal to pay contributions are signed. An example of punishment is expulsion from an organization.
The bodies and persons who will manage the organization are indicated, which must be drawn up.
Duties and rights of members of the association that arise in connection with membership. The conditions for entry are specified.
Under what conditions is it possible to liquidate an organization or reorganize it. The conditions for liquidation are detailed.
Reporting that will be maintained in the association. There must be a statistical financial statements and operational accounting. Every year the chairman of the association must order an independent financial audit of the work of the organization and its financial activities.

These items are prerequisite. If the organization provides for items that are not indicated, then they can be additionally included in the charter of the organization that is being opened. It is possible to liquidate a cooperative only in accordance with several conditions:

By unanimous decision of all members of the association.
By the tribunal's decision.
In connection with the financial insolvency of the organization.

There should be no other reasons for the liquidation of such a non-profit organization. After the charter is developed by the initiative group, they must present it at the general meeting and, if necessary, make adjustments.

Clauses of the charter and important nuances

Some chapters of the charter have important nuances and are drawn up in a special way. The third chapter describes the full ownership of the garage cooperative. It is mandatory to indicate what is the share payment of the members of the association - it does not have to be cash. These can be tools, mechanisms and other property that can be used for the purposes of the organization.

The authorized capital of the association may be formed from reserve funds, shares or property of the participants. Also, this chapter indicates the amount of all possible payments and penalties that are charged for each day of delay in payment for participation in the cooperative.

The fourth chapter indicates all the governing bodies of the organization with the functionality available to them. It can be:

The charter confirms the existence of a legal entity in the form of a garage-building cooperative

General meeting of members of the organization. This is the highest governing body association, which can resolve absolutely all issues from the creation to the liquidation of a cooperative, can remove the chairman and appoint a new one, choose an accountant and, if desired, resolve any personnel issues. People who are ready to join the organization are also accepted only at the general meeting. Citizens are expelled in the same order. The general meeting of members determines the amount of funds, the budget for the year and all possible expenses.
Governing body. The chairman is in charge, he takes into account all the expenses and incomes of the organization, keeps records of fees, and also solves any planned business issues and is in charge of organizational activities.
Audit committee. Members of this structure are people who are not members of the organization. They come to control and check all the activities of the association. The auditor spends a limited time in the cooperative.

The time that the auditor and other regulatory bodies may, with the permission of the chairman, spend in the GSK is also indicated in the charter of the organization. This document is one of the main ones, which confirms the existence of a legal entity in the form of a garage-building cooperative.

Site selection and land lease agreement

When choosing a site, it is necessary to be guided by common characteristics among the members of the cooperative. This may be a place of work and then you need to choose a site as close as possible to it. This may be a place of residence - in this case, you need a plot near the houses.

After the members of the organization have chosen several sites, either the general meeting of the members of the association or the initiative group makes a decision and selects one of the sites. It is important that it is not privately owned and large enough for the construction of several dozen buildings on it. Engineering communications should be located as close as possible to it.

You must not attempt to lease or buy land that is:

A place for constant military training and training;
A testing ground for the explosion of the found hazardous substances and mechanisms;
Reserve of federal or regional scale;
Reserved for social needs;
an architectural monument;
cultural heritage.

After the site has been selected and approved, you need to find out who owns it. This may be the land of a local government or city. In addition, the site can be allocated by the administration itself. To get land for rent, you need to apply to the local government agency for organizing land use.

This body receives a statement on behalf of the initiative group. Both a positive and a negative answer will come within 30 working days from the date of application. The decision is handed over to the initiative group. If approved, a lease agreement is concluded and a cadastral passport for the proposed building is ordered. The concluded lease agreement must be registered at the registration chamber and you should not delay it.

Exit from GSK

Leaving a cooperative can be either voluntary or forced. Forced removal of one or more members of the association is possible if these citizens have not paid membership fees for 6 months in a row. If at least one month there was a partial repayment of even the minimum amount, then it is impossible to exclude a person on this basis.

Citizens who left the association themselves or were forcibly taken out must independently submit an application that they refuse to be among the members of the GSK. A claim form for withdrawal from the cooperative can be obtained from the chairman. Within a year after the exclusion has occurred, regardless of the reason, it is necessary to return the arrears of contributions.

If a person left the organization voluntarily, then by a court decision he can be forced to conclude contracts for servicing the GSK territory - snow removal, electricity supply, payment for the services of a watchman, and so on.

If a citizen was expelled from the association without his desire, then you can sue and appeal this decision. Also, he can try to come to the next general meeting and raise the issue again there.

How to leave the organization voluntarily:

Write a statement about your desire to leave the organization.
Attach to this application a copy of the passport, membership book and copies of receipts for the last 5 years on the payment of electricity bills.
The application is written two weeks before the day when the withdrawal from the GSK is scheduled.
After 14 days, a person who wants to leave the cooperative will be notified in writing of consent.

The procedure for excluding a person from the GSK, regardless of the reason, must be carried out in accordance with the charter of the organization.

Liquidation of the garage cooperative

The issue of liquidation or reorganization of the association can be resolved only at the general meeting of members, provided that more than 2/3 of the participants voted for the liquidation. How the liquidation of the cooperative should take place should be described in detail in the sixth chapter of the charter. For this legal process to be completed successfully, you need to go through several mandatory steps.

It is important to remember that the process must be carried out carefully, because if at least one of the points is completed with violations or skipped, then all the steps will have to be performed again. And this will require new investments of effort, time and financial resources.

Termination of activities or bankruptcy may occur on the basis of a verdict that is issued either by a court or a meeting of participants. Voluntary liquidation can take place if the cooperative has achieved the goal of its creation or the period for which it was created has expired. It can be forced through the court to close it if the work of the organization is carried out with violations of the requirements of the law, legal, construction or sanitary standards.

Liquidation includes successive stages:

Adoption of a decision by the general meeting.
Selection at the meeting of the liquidation commission.
Notification of the decision made by the owners of garages to the registration authority.
A note is published in a special edition stating that the cooperative is ceasing to operate.
An interim balance sheet is drawn up.
Settlements are made with all creditors and investors.
The final balance is formed.
Liquidation documents are submitted for registration.

Members of the cooperative choose their own liquidation commission, which performs all the other steps until the union completes its work.

The creation of a garage cooperative is carried out with the help of an initiative group, which, after its selection, deals with all the paperwork and draws up the GSK as a working one. non-profit organization. A cooperative must have a charter and several other documents, the list of which can be adjusted by local authorities. Admission to it of new members, as well as their expulsion, takes place on the basis of decisions of the general meeting of all members. In order to eliminate the GSK, you need to sequentially complete all the steps, otherwise you will have to go all the way from the beginning.

Video

How the garage cooperative is changing.