The history of enterprise development is inextricably linked to the struggle for equal human rights and social justice. The emergence and development of the association and the associated concept of the production cooperative, opened up opportunities for self-realization of citizens', It granted the right to free labor and the fair remuneration.
principles of cooperation
Despite the existing differences in the Russian legislation and international law, the basic principles remain the same over the years. This includes:
- democratic principles of organization;
- voluntary participation and open to new participants;
- equality, equality and solidarity of all members;
- participation of citizens in economic activities;
- autonomy and independence;
- concern for community participants, training.
The concept of co-operative production is inextricably linked with the status of participants, methods of profit distribution, control and management of the organization, compulsory labor participation.
Features of the establishment and activities of the association
Development of industrial cooperation with Russia began in the middle of the XIX century. Then first appeared the farm, uniting the efforts of the labor on the basis of equal participation in governance (one member - one vote). Features of the legal form:
- purely voluntary procedure for the base;
- the lack of restrictions and capital requirements;
- vicarious liability of cooperators;
- the principles of the institution, which are based on the union of the labor efforts of participants.
The legal status of the production cooperative governed by the provisions of the Civil Code and the law profile. Today, two normative act acts:
- On the production cooperatives.
- On agricultural cooperation.
The second law introduces the concept of collective and koophozov, displays especially their establishment and operation. Unspecified law matters are governed by the charter of the cooperative. Compulsory registration of the condition - the presence of information about the shape of the charter, sources and rules of payment of shares, method of labor force participation, and other information. The law forbids the union to engage in the following activities:
- production for various purposes;
- treatment and processing of raw materials;
- marketing organization;
- services and community purpose.
Some types of production co-operatives (collective and koophozy) marked FZ number 193-FZ of the total number of associations. They operate exclusively in the field of agriculture.
Property of the production cooperative
The structure of the property is determined by the specificity of the cooperative form of enterprise. The absence of the authorized capital and requirements for the minimum amount of the unit allows people with a minimum income to take part in the unification.
Pai may include funding, movable or immovable property, other assets. The property can be formed from:
- made of units participants;
- capitalized profit;
- credit;
- adopted under the terms of donation of property;
- other, legally obtained, means.
Issue of own securities cooperatives denied.
members of the association
Cooperatives have a number of features, distinguish them from other legal forms. Some of them deal with the issues of membership in association. The founders may make individuals (regardless of nationality) and organizations.
The law imposes restrictions on the minimum number of participants - 5 person. Organizations involved in the work of the cooperative through its representative. By the method of participation in the association members can be divided into two types:
- Main. Citizens participate personal work. Their number is not limited to. Basis for entry - making unit.
- Financial. Natural and legal persons involved by making the primary and secondary share money. Their number - no more than 25% from all members. They make and share additional standard.
The volume of the main and additional contribution regulated charter. The legal status of the main and "financial" different participants. Equity participation in the first profit-sharing depends on the size of the unit, taking into account qualitative and quantitative characteristics of their labor. Ratio Second calculated in accordance with the size of the main unit.
Financial participation is unacceptable to the collective and koophozov, as well as membership in these entities.
Managing production cooperative
in association management is based on democracy and equal participation in the affairs of the community. It manages the collection of co-operators. Its powers extend to all aspects of the activities of the association. However, on a number of exclusive competence of the general meeting is. Their list is dictated by the law and can be extended by the provisions of the Charter.
To coordinate the activities of the association assembly elects the executive body. This includes the Chairman of the Board and its members.
When the number of participants more 10 - held an election of board. More 50 Association members - elected by the Supervisory Board. The Board is accountable to the Assembly co-operators and the supervisory board. The rights, tasks and responsibilities of the executive bodies is determined by the articles of association.
Conversion and elimination of the PC
The concept of a production cooperative and its legal status does not provide for a special procedure for the reorganization. The decision to reorganize or liquidate takes general meeting of members (Article.Article.26-27 Federal Law №41-FZ). Grounds for termination of the association:
- expiry, for which it was created;
- achieving this goal;
- judgment;
- decision cooperators meeting.
The reorganization procedure also implies approval of the transfer act of meeting (the merger / acceding) or separation balance sheet (in the case of separation / isolation).
