Establishment of a horticultural non-profit partnership. What documents are needed to create a DNT? Lack of cadastral registration

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The cost of registering a garden non-profit partnership(SNT) "turnkey"25 000 rubles

The cost of registering a Dacha non-profit partnership (DNT) on a turnkey basis25 000 rubles

(The price of the service includes: State fees for registration and Charter, preparation of documents, submission of documents to the registration authority,representing the interests of the client in the Ministry of Justice, obtaining registered documents, making a seal,receiving notifications from off-budget funds PF, FOMS, FSS)

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In terms of registration of SNT, registration of DNT takes 1.5-2 months.

Registration of SNTand registration of DNT- the procedure is more complicated than registration commercial enterprise(for example, LLC). Citizens in the course of their lives, in addition to directly apartments and other residential premises, can also acquire other property, in particular dachas, garden and garden houses.

In order to more quickly resolve the issues of maintaining a dacha, garden and garden economy, it is necessary to carry out the procedure for registering a garden partnership or the procedure for registering a dacha partnership (depending on the property owned).

However, without proper legal support, the independent conduct of this process, in particular the preparation of all required documents and providing them to public authorities is very difficult.

Your Law Firm is ready to assist in the registration of SNT or SNT at all stages of this procedure, including the registration of SNT or SNT on a turnkey basis.

The fundamental legislation that defines legal status SNT / NNT, the rights and obligations of its members, the procedure for making contributions, etc. is FZ N 66-FZ of 04/15/1998. Directly, the very procedure for registering DNT / SNT is established by the law on state registration of legal entities. persons and IP.

To create SNT and DNT, a standard set of documents is required (as well as to create other forms of NCOs):

application for registration of a garden partnership in the form РН001;
decision to open SNT or DNT;
constituent documents of SNT/DNT;
receipt for payment of state duty.

Decision to open DNT/SNT

This decision is the basis for registering a dacha partnership or a garden partnership and can be made both in the process of reorganizing another NPO into SNT/DNT, and in the process of creating a new SNT/DNT.

It should be noted that the creation of a DNT or SNT is possible only if the number of its founders is at least three (otherwise, the opening and registration of an SNT/DNT is not possible).

The decision must necessarily indicate the issues put to the vote, as well as the results of such voting.

Constituent documents of DNT/SNT

The legislation establishes that its charter acts as the constituent document of a dacha and garden partnership.

At the same time, special rules are defined regarding the information that the charter should contain. So, the charter of SNT and DNT must include the following information:

organizational form;
name and address;
the subject and main goals of the activity;
rules for admission to and withdrawal from the SNT or DNT;
rights and obligations of SNT/DNT;
the legal status of members, including an indication of their responsibilities;
rules for making contributions by members of the SNT / DNT, responsibility for violations of these rules;
rules for the participation of members in the work of SNT or NNT;
information about the bodies of the partnership, their competence;
composition, as well as the competence of the supervisory bodies of the DNT / SNT;
rules for conducting absentee voting;
information on the formation of property;
information about the remuneration of employees;
information about exclusion from the SNT or DNT;
information about the reorganization or liquidation of DNT / SNT, the opening of its representative offices, etc.
other information in accordance with the law.

Thus, when registering a dacha partnership / garden partnership, citizens need to be very careful in the formation of its charter in order to avoid further adverse consequences.

Your Law Firm is ready to take absolutely all the necessary steps to register a garden partnership / country partnership. Our specialists will prepare a complete list of necessary documents, draw up such documents in accordance with the norms of the law and submit them for registration in the state. authorities (Ministry of Justice of the Russian Federation, tax inspection).

Effective January 2019 new law regulating the activities of horticultural and horticultural associations. At the same time, this law introduces significant changes thirty-nine laws that are in force on the territory of our country.

The task of the new law is to eliminate the problems associated with the conduct of gardening by associations of citizens. After all, according to rough calculations, more than sixty million citizens are engaged in gardening in our country. Innovations should eliminate not only administrative problems, but also create comfortable conditions for every gardener.

What is SNT

Federal Law No. 66-FZ “On horticultural, horticultural and dacha non-profit associations of citizens” defines SNT as an association of citizens with the aim of obtaining dacha, horticultural or horticultural land plots and jointly conducting activities in such a territory. But Article One defines the CNT as an organization established to assist citizens in the implementation of economic activity within the framework of horticulture and horticulture.

SNT is a legal entity that acts solely on its own behalf and is endowed with its own rights and obligations. This means that the members and the legal entity itself are separately liable for their obligations.

A horticultural or other partnership exists at the expense of contributions paid by its members to certain period. With this money, the common property of the participants in the partnership is created, and the maintenance of such property is carried out.

The territory belonging to the horticultural non-profit partnership is the land owned by the members of the SNT, as well as the territory common use. At the same time, the legal entity has certain obligations in relation to the maintenance of areas for common use:

the obligation to pay taxes for the common territory lies solely with the SNT, since the members of the partnership are charged with such an obligation only for their plots;
gardening is obliged to carry out work on the maintenance of the common area;
cleans the area, collects and removes garbage.

Horticulture is managed by members of the board, the chairman, as well as by the general meeting of members of a horticultural or other partnership.

Law on horticultural non-profit partnerships (SNT)

Until January 2019, the activities of horticultural, horticultural and dacha partnerships are regulated by Federal Law No. 66-FZ “On horticultural, horticultural and dacha non-profit associations of citizens”. Since its adoption in 1998, it has undergone many changes, including taking into account the decisions of the courts.

The federal law establishes:

a way of uniting citizens for the purpose of joint implementation of horticultural, dacha or horticultural activities;
methods of granting land;
form of management of a legal entity, as well as the rights of gardeners;
forms joint work with the municipal government;
the order of development of the territory.

Changes being made to other legislative normative acts in a number of cases had an impact on the scope of the rights of members of partnerships. An example is the introduction of the law "on dacha amnesty", which significantly simplified the procedure for registering the right to buildings located on gardening plots.

However, a few years ago there was a need to change the legislation governing the activities horticultural associations citizens. With the adoption in 2017 of a new regulatory framework in the field of horticulture, Federal Law No. 66-FZ “On Horticultural, Gardening and Dacha Non-Commercial Associations of Citizens” will cease to exist from January 1, 2019.

The main directions of the law on SNT

The current version of the law on SNT provides for several types of associations of gardeners:

non-profit partnerships;
consumer cooperatives;
non-profit partnerships.

The difference between these forms is the procedure for exercising the rights and obligations of both the members of the association and the legal entity.

Federal Law No. 66-FZ is a special rule governing the procedure for granting land for horticulture or horticulture.

The law supplements the established procedure with the following provisions:

establishes the maximum area of plots for allocation to citizens;
changes the procedure for obtaining possession of land with a special status;
introduces the order of allocation of plots in the SNT.

In addition, the provisions normative act regulate in detail the rights of horticulture and its members, as well as the means of protecting these rights.

In accordance with article 20 of the said law, the governing bodies of the SNT are defined:

general meeting of members as the main body;
authorized associations, which include selected representatives from among gardeners;
the board of the SNT as an implementation of the decisions of the general meeting;
the direct execution of the powers of the SNT is carried out by the chairman.

Also, Federal Law No. 66-FZ lists ways to support SNT by municipal authorities and organizations.

This form of organization of horticultural activities in our country gave rise to many problems, the solution of which was proposed by creating a new law.

Among the problems are:

a large number of organizational forms associations;
uncontrollable amounts of contributions, which turned into real extortions from horticulture members;
difficulties with the registration and construction of residential buildings on the territory of gardening;
horticultural members have to independently carry out some expensive communications to the site;
municipal governments do not support SNTs.

What will change in horticultural partnerships in 2018

New changes in the organization of horticultural activities are introduced by Federal Law No. 217 “On the conduct by citizens of gardening and horticulture for their own needs and on amendments to certain legislative acts Russian Federation". The entry into force of the changes is set from January 1, 2019, but already from the beginning of 2018, many gardeners will have to restructure their activities.

First of all, the form of association of gardeners in cooperatives is excluded, since they are morally obsolete and are not used in fact in our country. Also excluded country associations citizens. The transition to new forms should be completed by the end of 2023.

Now, to create an SNT, you need to get more than three votes of the founders on general meeting. Additionally, a list of all newly formed members of horticulture is compiled, indicating the cadastral numbers of the land plots belonging to them. At the same time, the minimum number of members of an association of citizens should be seven people.

The form of management of the partnership is changing, which will be carried out by the following bodies:

general meeting;
chairman;
revision committee.

Along with the concept of residential premises, the category of a country house is found, which is intended for the temporary stay and residence of citizens, and the term "residential building" is excluded.

Introduced new system directional contributions:

introductory;
membership;
target.

The law regulates in detail the purposes for which funds of each category can be spent.

For the convenience of connecting to utility networks, the concept of common property is introduced. This change is similar to the common property of an apartment building. Now all communications and engineering networks can belong to all gardeners on a common basis, and their maintenance will be carried out by SNT.

Additionally, the territorial principle of the organization of the partnership is established. It is forbidden to create two or more associations on the same territory. This means that it is impossible to create an association of gardeners within a gardening partnership.

The rules for land surveying the territory of SNT have also changed:

the total area may include lands of the municipality and common use;
it is forbidden to restrict free access to the common territory located outside the borders of the SNT.

The rest of the law duplicates past provisions or adjusts the requirements of other laws to the specifics of dacha associations.

Pros and cons of the SNT law

Among the advantages of the new law are A complex approach to change the horticultural activities in our country.

Preconditions for close cooperation with municipal authorities have been created. One of the advantages of such interaction was a simplified system medical care gardening members, as well as providing utilities. In addition, now the repair of roads located within the SNT and the territory adjacent to it is carried out with the help of municipal funds.
The exclusion of some forms of association of gardeners involves the creation of a transparent system of taxation and protection of the rights of all participants in the association.
The introduction of the category of gardeners' common property should simplify the procedure for connecting to public utilities.

But the law also has its shortcomings, which so far stand out only in theory.

The introduction of the concept of a garden house as a capital dwelling entails the possibility of registration at the address of the building. The consequence of this may be the impossibility of social renting apartments and exclusion from the queue for housing.
Gardeners who own land on the basis of a membership book without registering with Rosreestr, they may encounter difficulties with the legalization of their land. Since the requirements of the law on registration make it possible to exclude from the cadastral registration those plots for which the property is not registered. Such land will become the property municipalities and its owners will have to prove their right through the courts.
Specific regulations have not been established for the performance of a number of functions of the SNT. Difficulties may arise, for example, with the decision to purchase shares in the common property of horticulture, for which it is necessary to ensure the mandatory presence and desire of all members of the horticulture.
The transition period for the implementation of the changes is set until the end of 2023. However, from January 2019, horticulture must apply new requirements for the implementation of activities, many of which are not yet regulated by by-laws.

TOPIC: Creation of a garden partnership

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

Answer: The creation of horticultural, horticultural and dacha non-profit associations, which is also a horticultural partnership, is regulated by Federal Law No. 66-FZ of April 15, 1998 “On horticultural, horticultural and dacha non-profit associations of citizens”. Article 16 of the said law governs the creation of a horticultural, horticultural or dacha non-profit association. In order to create a horticultural partnership, the decision of citizens who want to create such a partnership is necessary, while the number horticultural partnership must be at least three people.
The founding document of a horticultural partnership is the charter approved by the general meeting of founders. In the charter of the horticultural partnership in without fail are indicated:

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

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

The creation of a horticultural partnership is subject to state registration. The documents required by a non-profit organization, appear to the competent authority or territorial authority no later than three months from the date of the decision to establish such an organization. Registration of non-profit organizations is carried out by territorial body of the Ministry of Justice of the Russian Federation. According to paragraph 5 of Art. 13.1 of the Federal Law of January 12, 1996 No. 7-FZ "On Non-Commercial Organizations" for state registration non-profit organization upon its creation to the authorized body the following documents are submitted:

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

The authorized body is not entitled to require the submission of other documents, except for those listed above.

As for the rights to land plots, it should be noted that the Federal Law “On Horticultural, Gardening and Dacha Non-Commercial Associations of Citizens” provides for the creation of a dacha, garden or garden non-profit association on lands that are in the state or municipal property, and does not apply to cases of the creation of such a non-profit association on lands that are privately owned by a citizen or legal entity. The latter procedure is very popular in practice, but not regulated by law. By itself, this model does not contradict the current legislation, if in the course of its implementation the basic requirements of the law are observed, related to the procedure for changing the permitted use for such sites (their designated purpose does not formally change, since summer cottages agricultural products are also grown). At present, the owner of a land plot, regardless of whether he is a citizen or a legal entity, has the right to change the type of permitted use of the land plot "for agricultural production" to the type of permitted use "for horticulture, horticulture, summer cottage construction" based on the decision of the local government with taking into account public hearings.
It follows from the content of clause 4 of article 14 of the above Law that land plots are provided to members of a non-profit partnership for ownership (that is, in our situation they remain in the ownership of the founders of the partnership), and the partnership is provided with land plots related to public property.

Lawyer of LLC "PRESIDENT CONSULT" Osipova E. 25785

Introduction

The procedure for registering a horticultural partnership

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

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

Determination of a responsible representative and empowering him with appropriate powers (during registration, it is necessary to obtain signatures from all the founders of the organization).
Training .
visit registration authority. It is worth saying here that general rule, registration of legal entities is carried out by the Federal Tax Service. However, a horticultural (dacha) partnership is a non-profit organization, registration of which is carried out by regional authorities Ministry of Justice of the Russian Federation. The legislator has set a deadline for office work - 3 nights from the date of submission of a properly executed package of documents. You can recommend contacting the Multifunctional Center (MFC).
Receipt receipts from civil servant, containing a list of accepted documents and the number of sheets in each.
If errors and inaccuracies are found during registration, registration may be canceled or suspended for a period not exceeding one month. In this case, the applicant within one day an appropriate notification is sent, indicating all the reasons for revision.
Notification of the applicant about the completed registration and making an entry in accounting register.
Obtaining approved documentation.

Submission of the application and attached documentation is carried out in regional registration authority at the location of the horticultural association. Submission of papers can take place by a personal visit to a state institution, sending documents by registered mail with the establishment of its value or through the Internet communication network (if the company has a digital signature).

List of documents for registration

The form of documents and the procedure for their submission for registration of a legal entity was approved by the Order of the Federal Tax Service of Russia (Federal Tax Service of the Russian Federation) “On Approval of Forms and Requirements ...” dated 01/25/12. Required documentation for registration of a horticultural partnership:

Basic founding document- articles of association. View and download here: .
deed of transfer or separating balance (at ).
Passport or other document proving the identity of a representative of a non-profit organization.
Application for registration.
Power of attorney for a representative, certified by a notary or the managing body of a dacha partnership.
Protocol or regulation on the establishment of an organization, adopted by its members or founders.
Payment receipt state duty for office work.
Certificate from the PFR (Pension Fund of Russia), certifying the submission of all necessary information (during the reorganization of a dacha partnership).

If a non-profit organization is created by reorganization, then an application for registration is submitted within 3 working days from the date of such decision.

Decision on registration of a gardening partnership

Solution for registration of a non-profit organization carried out within 3 days after submitting the paperwork. The official fact of registration of a partnership is the entry of an entry about it in Unified State Register of Legal Entities.

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

Certificate of state registration.
A certified copy of the articles of association.
Extract from Unified State Register of Legal Entities.
Registration certificate.

Registration of gardening associations in the regional department of the Ministry of Justice is mandatory for those that exist at the expense of a specialized fund and are registered as legal entities.

Refusal to register a horticultural (given) partnership

Refuse to registration of a gardening association may for the following reasons:

Inconsistency of documents when submitting or inaccuracy of the information they contain.
violated application deadline.
Claims from third parties. For example, an appeal against a decision on the reorganization of a dacha partnership in court.
Errors in financial statements.
Consent has not been obtained from all the founders of the organization.
Submission of documentation to the wrong registration authority (proves the advantage of using multifunctional centers).
There are no participants, users or founders in the partnership being formed.

Based reasoned refusal the registering authority forms an appropriate decision and sends it to the applicant. Deadline for sending notification day from the date of approval of the document.

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

The time limit for appeal is 3 months from the moment when interested party learned about the violation of their rights or received a notification with a decision to refuse.

A reasoned refusal to register a legal entity must contain a complete list of violations that need to be eliminated. To do this, until the moment of re-registration, the representative of the dacha partnership has one month.

An example of registering a gardening partnership

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

Conclusion

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

Registration is done within 5 days from the date of submission of the package of documents established by law.
A similar period is set for the procedure reorganization of the partnership.
If new circumstances are discovered, the proceedings may be suspended for one month.
If registration is denied, the decision can be appealed to a higher authority or court.
If the application is satisfied, the authorized representative of the organization receives a notification of successful registration, and the data on the established organization are entered in the Unified State Register of Legal Entities.

The most popular question and answer to it on registering a gardening partnership

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

Answer: Hello, Valentin Nikolaevich. According to Federal Law No. 129 dated 08.09.01, register non-profit organization can be in the regional department of the Ministry of Justice of the Russian Federation. If your organization is created at the expense of voluntary- registration takes place in RosReestre by registering the transfer of property rights to the group. To avoid confusion, contact your local MFC, which provides a multifunctional range of services (the only negative is a longer waiting time for 2-3 days).