Production cooperative (PK) - association of citizens for joint economic activities. The main purpose of the production cooperative - profit. The relationship of participants in associations are based on the principle of equity. Creating a production cooperative starts with a general meeting and approval of the statute of the future organization.
Cooperation in the USSR
In the Soviet Union, the formation of co-operation began after the revolution. Due to the stagnation of the economy the government was forced to change something.
At the congress of the Russian Communist Party in 1921 , the New Economic Policy was adopted (NEP). Production associations have created the bulk of consumer products.
Today in Russia, Ukraine and Belarus (RB) cooperative activity is one of the key areas of the economy.
It is an alternative to the state and the individual production and combines commercial and social quality.
The procedure for establishing the United
Procedure for the establishment of production cooperatives fixed Article 2 of the Civil Code. The composition and amount is determined by combining members FZ 08.05.1996 № 41-FZ. The initial number of shareholders in the establishment of the cooperative - 5 person. Association members may be citizens of Russia, foreign entities and individuals, Stateless. Also in the economic activities of the association can participate enterprises and citizens, engaged in ancillary services (st.13 FZ by 08.12.1995 №193-FZ). To this end, the organization shall appoint a representative. It acts on the basis of authorization.
Law provides for membership and in the absence of the employment relationship with the organization. Number of members of the association should not be more than 25% all participants.
Creating a production co-operative consists of several stages. initial stage:
- future members of the Association shall decide on the establishment of the organizing committee;
- shaped body is engaged in an economic justification for start-up capital, size determination of assessed contributions, development charter, taking applications, preparation for the next meeting.
Creating a production co-operative begins with the meeting. Of the participants of the meeting elected chairman and secretary. Chairman meets, and Secretary displays the results of voting in the minutes. The purpose of the General Meeting:
- charter approval;
- election management bodies;
- acceptance of new members into the union.
Sample protocol creation of production cooperatives:
Protocol creation of the production cooperative shall be signed by the chairman and secretary. Document required for registration of the association.
Content of statutes
Charter industrial association should contain the following items:
- name of company;
- location associations (city, village);
- the amount of share premium, the procedure for making funds, responsibility for failure to comply with the requirements of the statute;
- basics of labor participation in the activities of the association;
- income / expenditure distribution;
- Default rules obligation;
- Management Structure, their powers, decision-making procedure;
- the mechanism of payment of income citizens, released from the cooperative;
- the procedure for accepting new members;
- exit rules / exceptions to the organization;
- the order of formation of the property association;
- information offices / branches;
- conversion rules / termination of community activities.
Failure to meet these requirements is the basis for the refusal of state registration of the cooperative.
procedure of registration
The union comes into existence upon making appropriate information in the Unified. The procedure for registration of fixed FZ 08.08.2001 № 129-FZ. Legally significant action is carried out by its physical location. The application is submitted in the local office FNS. List of required documents:
- meeting minutes (when you create a production cooperative, each participant is obliged to sign it);
- statute of the association (with signatures of participants);
- application for registration of a legal entity certified by a notary. Chairperson of the applicant cooperative society;
- receipt of payment of registration fee.
Documents can be submitted one of the ways:
- through a multifunctional center (MFC);
- send an email with the list of contents;
- through the Internet (Public services, FNS website).
When a personal appeal to the Federal Tax Service to get the documents can only be the applicant or a representative by proxy.
Register association is carried out for three days from the date of filing. The reason for failure may be inaccuracies in the statement or the name of the cooperative. for example, if it is against the law.
Cooperation in the post-Soviet space
In Ukraine, there are some features of the functioning of producers' cooperatives. for example, the association can enter foreign legal entities, and for the registration of an economic entity only three people. However, significant differences with the Russian producers' cooperatives - no. The registration procedure and judgment similar to the Russian cooperatives.
In Belarus (RB) establishment of agricultural production cooperatives (ACA) supported by the government. This is due to the agricultural area of the state of the economy. AT 2017 by SEC were transformed into business companies.