Citizens can not only unite in cooperatives and commercial organizations, but leave them under certain circumstances. Termination of membership in the cooperative implies a reason and return share. If the participant has issued title to the property, then return of contribution is not made.
Causes of the cooperative
Association members can leave at any time. Decision to enter each person takes their own. Previously introduced share payable retired party in full (st.106.5 GK RF). Equity investment of union returns in cash or in the form of property. Also, the shareholder can count on additional payments, which are provided by the charter. Termination of membership in the cooperative is possible for the following reasons:
- on their own;
- in connection with the death of a shareholder. The heirs of the deceased citizen may start joining the union, unless otherwise provided by statute. If membership is forbidden, the community has an obligation to pay them the amount of equity contribution of the testator;
- Transfer of share premium member association or another person. The procedure occurs in the presence of other cooperators permissions. Members of the association have a priority right to receive alienated share;
- the exclusion of a shareholder of the farm. Such a decision shall be submitted to the general meeting. Reasons for exclusion - failure or neglect the duties, stipulated by the charter;
- removal of the unit for payment of debt. Such termination of membership in the production cooperative is allowed in extreme cases. for example, if the debtor has no other facilities for debt reimbursement. The procedure for withdrawal of the share is determined by the charter of the association. the impact of a measure does not apply to the indivisible funds of the cooperative.
The amount of equity contribution or issuance of other property of the exited participant carried out for the year, after the approval of the financial statements of association (Article 22 of the Federal Law "On production cooperatives"). However, in the charter of the farm other deadlines may be prescribed.
Even if the termination of membership in the cooperative is associated with the exception of the participant, the shareholder also has the right to return of share premium and additional payments.
The output of the production cooperative
The procedure for termination of membership in the production cooperative is fixed by Article 22 of the Federal Law 08.05.1996 №41-FZ. Member associations must provide at 14 business days prior written notice to the release of its decision management body.
Charter of the cooperative other terms and procedure for membership from the output can be set (Article 16 of the Federal Law №193-FZ "On Agricultural Cooperation"). If the community is eliminated for 180 days after coming out party, it eliminated the shareholder is obliged to take part in the procedure, along with the other members of the cooperative.
The order of exit from the LCD / HBC
The procedure for termination of membership in a housing cooperative and IBAN governed by Article 130 of the RF LC. Member Withdrawal shall be effected on the same principle, both in the production association. HBC can leave before or after the introduction of a share.
participants HBC, which are in full amount have a share of property, become owners of the property (st.218 GK RF). However, the new owner will need to register the ownership of housing. Party co-op will need to obtain a certificate on making the entire amount of share premium. Such documents combining outputs control member. Registration of ownership rights takes place by feeding Rosreestr statements, a contract to purchase an apartment, and the receipt of payment of state duty.
After obtaining an extract from the Unified State Register should apply for the termination of membership. When the output member of the cooperative share the payment is not made.
If a participant is eliminated from the union prior to the payment of a contribution, the order of cash payments is established by the charter. Members of the family of the retired co-investors, which is not fully paid share contribution, have the right to retain the property on the condition of entry in the HBC.
Any disputes between the cooperative and released participant settled in court. The claimant may act as a shareholder, and association. Consider a practical example.
The plaintiff applied to the court for termination of membership in the SEC "Ostrovyansky". An additional requirement of the applicant was a return of equity investments. At the expense of the plaintiff requested the unit to award him a share in the common property in the nature of the residual value - animal shelters, breeder house. Defendant in the case acted SEC "Ostrovyansky" rule.
During the trial it was revealed, that the certificate of debt union to the plaintiff in the amount of 129,74 thousand. rub. It is a dummy. The signature on the certificate does not belong to SEC Chairman.
The residual value of non-residential premises of industrial and non-residential premises fold breeder house is 750,47 thousand. rub. Claimant property share in terms of money was 32,63 thousand. rub., significantly less than the value of the property, He claimed by the plaintiff.
parcel, on which are arranged construction, owned SPC members. the plaintiff's claim on the transfer of his property shares of other members of the SEC "Ostrovyansky" contrary to the Charter. According to paragraph 5.3 of the main document of the share transfer is carried out with the approval of the general meeting of union members. However, the meeting was conducted on the fact, property in the required amount is not transmitted.
The right to association members on the termination of membership in the cooperative and the transition unit is regulated by the Civil Code of the Russian Federation st.106.5. However, according to the statute of association p.7.13 dividends and share contribution member is returned within three years. the plaintiff filed a statement 30.09.2009 of the year. Consequently, the period of performance of the cooperative commitment has not yet expired.
Following consideration of the materials of the case the court decided. The plaintiff was denied the satisfaction of the termination of the membership requirements of the SEC "Ostrovyansky and allocation of assets to property share (Orlovsky District Court decision of the Rostov region from 28.06.2010 of the year).