Federal Law "On Housing Savings Cooperatives". Federal Law "On Housing Savings Cooperatives" Federal Law 215 on Housing Savings Cooperatives

26.05.2020

Buying housing in a new building in Russia today is not difficult: a wide variety of options are offered in any area, with different layouts of apartments and their sizes. Two laws simultaneously regulate the construction process - federal laws 214 and 215. Each of the laws has its own characteristics and advantages. However, to determine how fz 214 differs from fz 215, and choose for yourself best option buyers can only after their detailed study.

Differences 214 FZ from 215 FZ

Construction under 215-FZ

A common way to obtain housing within the primary market is the purchase of apartments in new buildings through housing construction cooperatives of housing cooperatives. The essence of Federal Law 215 is completely connected with this procedure. The main advantage of the law is that at 215 fz it is possible to get an apartment at a more affordable cost than through 214 fz.

This feature is due to the fact that the housing cooperative does not imply compulsory insurance, and the contributions of equity holders are not subject to VAT. In addition, according to 215 fz, there is the possibility of using mortgages and maternity capital. The client will be able to insure the transaction on his own, choosing the preferred insurance agency for this.

In accordance with Federal Law No. 214, the signing of the DDU Equity Participation Agreement between the parties to the construction transaction is expected. Today, this method of acquiring apartments in new buildings is considered the most secure. Initially, the buyer is protected by the state, since the developer has the right to draw up a contract only after the full collection of documentation. The text of the contract contains the smallest details of the transaction, starting with the terms and cost and ending with the footage of the purchased apartment.

An important feature of the 214 fz is the recognition land plot as a pledge of the developer, which is held by the buyers of the apartments. In case of non-compliance with obligations, the developer company pays a fine, in addition, for the violated deadlines, the client may demand judicial compensation.

When choosing between two laws in force, giving preference follows the law of 214 fz. A significant advantage of law 214 over 215 is the requirement for high-quality execution construction works by customer. Any construction project is covered by a 5-year guarantee, under which all obligations are also covered by the developer.

FZ-215 regulates relations that arise as a result of activities in housing construction memberships. A member of the housing cooperative has the right to transfer his share to a third party or bequeath it to a close relative. Main responsibility participants of the housing cooperative is to comply with the established rules.

Federal Law No. 215 was adopted on December 22, 2004 by the State Duma of the Russian Federation. The legislative act was approved on December 24 of the same year. The Federal Law “On Housing Savings Cooperatives” came into force on December 30, 2004.

FZ-215 defines the legal, economic and organizational basis for the activities of housing savings cooperatives.

The law states:

rights and obligations of members of accumulative housing cooperatives;
the order of their creation;
reorganization and liquidation of housing cooperatives;
the procedure for carrying out activities to attract and use Money in housing savings cooperatives.

Accumulative housing cooperative has the right to carry out only the activities prescribed in this law. According to FZ-215 housing cooperative created without limitation of the period of activity. It must be liable for all its obligations and property belonging to it, but it is not liable for the obligations of its members.

The requirements for relations between a housing cooperative and its members are spelled out in the Civil Code of the Russian Federation, this Federal Law, regulations Central Bank and other legal documents. According to the provisions of FZ-215 housing cooperative has the right to open Russian bank accounts.

A housing cooperative must maintain a register of each of its members.

The register must contain:

Full name of the member of the housing cooperative;
an identity card or other document confirming the identity of a member of the community;
phone number, postal address, e-mail, entering the community;
form of participation;
other information provided for by the charter of the housing cooperative.

Number members of a housing cooperative should be exactly 50 , no more and no less than this figure.

Download Federal Law 215 on housing savings cooperatives in a new edition

The federal law "On housing savings cooperatives" includes 6 chapters and 58 articles. According to the articles of the law, any citizen who has reached the age of 16 can become a member of the cooperative. To become its full member, a citizen must write an application and, on its basis, he will be accepted into the community.

To familiarize yourself with the Federal Law-215 with changes for 2017, download it from.

Changes in the law on housing cooperatives

The last changes to FZ-214 were made on July 3, 2016. The amendments concerned : h 3 st 14, p 1 h 1 st 17, p 2 h 1 st 20, h 3 st 20, h 6 st 27, n 5 h 2 st 48, n 4 h 1 st 51, n 8 h 1 st 51 .

With the last change in FZ-214, the law was excluded: n 2 and n 3 h 4 st 56, ch 2 st 58, n 1 h 5 st 56 and ch 2 st 56.

Part 3 Article 14 was supplemented by the proposal “established by the Federal Law of July 13, 2015 N 223-FZ “On self-regulatory organizations in the field of the financial market” requirements for mandatory membership in a self-regulatory organization in the field of the financial market, uniting housing savings cooperatives”.

Clause 1 of part 1 of article 17 was supplemented with information on a self-regulatory organization in the field of the financial market, which unites housing savings cooperatives.

AT Clause 2 of part 1 of article 20

Part 3 Article 20 was set out in new edition. After the latest amendments, it sounds like this: the annual reporting of the cooperative's activities must be submitted to the bank.

AT Part 6 Article 27 the same information was added as in clause 1 of part 1 of article 17.

AT Point 5 of part 2 of article 48 a restriction related to the activities of cooperatives was added.

From paragraph 4 of part 1 of article 51 the words: “and about self-regulatory organizations of housing savings cooperatives” were excluded.

AT Clause 8 of part 1 of article 51 the rights of banks were added to control the activities of housing associations.

Below are articles that have not been changed in the last edition, but they are important.

Article 6

Article 6 spells out the responsibility of the members of the housing cooperative. It includes:

a member of a cooperative shall be liable to him in accordance with the provisions provided for by this law;
members of the housing cooperative bear losses and risks associated with the activities of the community;
community members are responsible in case of non-compliance with the rules and regulations prescribed in the regulations.

Article 7

Article 7 indicates rights members of the housing cooperative:

participate in management and be elected to its bodies;
use all the services provided;
choose the form of participation in its activities;
receive housing from the cooperative for use in the manner prescribed by Federal Law-215;
enjoy the provided benefits;
participate in the distribution of income;
bequeath a share;
transfer shares to a third party and others.

Article 8

Article 8 regulates responsibilities members of the housing cooperative:

observance of the charter;
timely payment of contributions and share payments;
not interfere with the activities of other participants;
perform other duties provided for by this law.

Article 9

Article 9 describes the moments at which it is possible membership termination in ZhSK:

voluntary care;
exclusion without the will of the participant;
transfer of shares to a third party;
foreclosure for a share and others.

Article 10

A member of the housing cooperative may be excluded from the partnership by force, if:

he repeatedly failed to fulfill his duties;
violated discipline;
did not pay contributions and payments for his share on time.

An exception can also be made through the court.

Article 11

Article 11 describes charter of housing cooperative and its components:

name and location;
the subject and goals of the activity;
the procedure for admission to the membership of the cooperative;
the procedure for determining the amount, composition and procedure for making share and other contributions;
responsibility for violation of the order;
rights and obligations of members of the membership;
funds created by the cooperative and others.

Article 16

Article 16 describes housing cooperative rights:

use the attracted funds of people to purchase housing;
invest money in the construction of residential premises, as well as participate in the construction of residential premises as a developer or participant in shared construction;
purchase residential buildings;
attract borrowed money in the case provided for by part 3 of article 47 of this Federal Law.

Article 33

Bodies of the housing cooperative:

general meeting of all its participants;
governing body;
auditor;
executive bodies.

Their activities are regulated by the charter of the housing cooperative. The board's term of office expires on election day.

AT article 34 marked general provisions meetings of members of the cooperative. Each participant has only 1 vote. The board of the cooperative convenes a meeting and convenes an extraordinary meeting.

To learn more about all the chapters of FZ-215, download it.

Buying a home for many people is considered a specific and complex process. Often they simply do not have the funds for such an acquisition. Under such conditions, people are often forced to take out a mortgage for a sufficiently long period of time at high interest rates. An excellent alternative is to join a housing savings cooperative. This organization is created by citizens who want to build an apartment building or several similar buildings. Each contributor transfers during a certain period the necessary amount of funds for the purchase of an apartment. Joining such a cooperative has many advantages, although the process is not without some disadvantages.

Benefits of cooperation

If a citizen chooses a housing cooperative to buy housing, then he can really enjoy numerous advantages. These include the following:

contributions in size are much less than in the end you have to overpay on a mortgage loan, and even with concessional lending;
shareholders can choose an apartment in different houses, not only in those located in the city, but also in buildings available in others settlements;
to join a cooperative, it is not required to prepare numerous documentation, which is necessary when applying for a large mortgage loan;
the level of protection is considered high, therefore, even if the cooperative is declared bankrupt for various reasons, the housing will be sold at specialized auctions, where shareholders can buy it out, taking into account the previously transferred contributions;
the flexibility of such cooperatives is considered high, because if different grounds if the financial situation of the shareholder worsens, so he will not be able to fully make contributions, then the managers of the enterprise can help the citizen by selling him other real estate;
additionally, if the financial condition of the shareholder worsens, the installment period may increase;
cooperatives do not apply to the Central Bank to obtain borrowed money, since only the money of shareholders is used, therefore payments are set without taking into account the current size of the refinancing rate.

Thus, due to such a cooperative, citizens can solve a complex housing issue. But at the same time, it is important to correctly approach the choice of the organization itself so that it is reliable and proven.

Cons of cooperation

Using the services of the organization has not only advantages. Some significant disadvantages of this process are highlighted, so buying a home at the expense of a cooperative has disadvantages:

the selected residential facility will become the property of the citizen only after all contributions have been fully transferred to them;
if for some reason the financial situation of the shareholder worsens, so he will not be able to make the due payments, then he will not receive housing;
for the initial entry into the organization, it is necessary to pay an initial contribution, and it is usually significant, therefore it often amounts to even 50% of the cost of the selected object, but not all citizens can accumulate such an amount;
it will take a long time to wait for the completion of construction and settlement in housing, and this process depends on how many shareholders join the cooperative.

You should choose large and developed organizations that are in demand among numerous shareholders.

ZHNK has significant pros and cons, so it is advisable to become a shareholder if you have a large amount of funds, and also if you are sure that the chosen organization is reliable. In addition, much attention should be paid to the choice of housing itself, since cooperatives usually offer several options.

Before joining a certain organization, you should study its reputation. It is optimal to read reviews about housing savings cooperatives from former equity holders in order to learn about all the pitfalls and features of cooperation.

Legislative regulation

The activities of such cooperatives are regulated at the legislative level. Basic information is contained in the Federal Law No. 215. This law was adopted back in 2004. It spells out legal framework the work of the enterprise, as well as the economic and organizational aspects of the activity.

The most important information in Federal Law No. 215 is the following:

the rights and obligations that are vested in all citizens who become members of the cooperative are given;
the procedure and rules for opening an organization are indicated;
lists the nuances of the liquidation of the ZhNK and the reorganization of the institution;
it is prescribed how the activities of the cooperative should be conducted, as well as how the funds received from the shareholders should be used.

All cooperatives should be engaged exclusively in the work that is prescribed by law. Housing savings cooperatives are created indefinitely, so there is no information about restrictions on the period of their existence. The organization is responsible for its obligations with all the property that belongs to it, but the company is not liable for the obligations of its participants. Based on the provisions of Federal Law No. 215, enterprises are allowed to open bank accounts. Additionally, there should be registers for each participant.

What is included in the register?

When opening a cooperative, new shareholders are attracted. A special register is formed for each new participant. It must include the following information:

FULL NAME. a new member of the organization;
information from a passport or other document with the help of which a citizen's identity is verified;
phone number or other contact details;
other information that is listed in the charter.

The main condition for the creation of a housing savings cooperative is that the number of participants must be equal to 50.

How is an organization registered?

The process of registering a cooperative is considered simple and fast. For this, the following steps are performed:

initially, it is required to collect the required number of participants in the future cooperative who wish to receive their housing for permanent residence;
a general meeting is held at which a decision is made to open a company;
the protocol of such a decision is correctly formed, containing the decision of the participants;
the charter of the future organization is formed;
collecting additional documents for registration;
papers are transferred to the Federal Tax Service for registration, for which you will have to pay a fee;
relevant information is entered into the Unified State Register of Legal Entities.

As soon as registration is completed, the company begins its direct activities aimed at creating apartments that are issued to equity holders after the payment of the entire contribution. It is allowed to combine several small cooperatives into one big company.

How to create a charter?

The main constituent document of such an organization is the charter. It can be formed according to different patterns. The charter of a housing savings cooperative must include the following information:

the name of the legal entity represented by the cooperative;
type of activity of the enterprise;
company location address;
contact details of ZhNK;
the size of the share initial contribution for all participants;
duties assigned to all members of the association;
It is stated that all citizens have subsidiary liability, therefore they are obliged to jointly cover all losses arising in the course of the enterprise's operation.

You can choose different legal forms, for example, LLC or JSC. For this, it is taken into account whether the activity is commercial or non-commercial.

Commercial or non-commercial cooperative?

The most frequently chosen opening commercial organization. The board of the cooperative carries out activities for the purpose of making a profit. All investors can use their financial resources, which are directed to the construction of a residential facility.

As soon as an apartment building is erected, auctions are opened at which residential premises are sold, which makes it possible to partially reimburse all costs incurred. The lower floors are rented out, and it is this activity that in most cases brings the highest profit. Additionally, parking lots or the territory adjacent to the house can be subleased.

A non-profit housing and savings cooperative may also be opened. The work of such a company is not aimed at making a profit, so the main goal is to provide all participants with optimal living quarters for living. Through participation in such an association, the housing issue of citizens is solved. Only people in need of housing become participants. They are usually the initiators of the creation of a cooperative, therefore they are represented by members of the board.

What to do after registration?

As soon as the registration certificate is received from the Federal Tax Service, it is required to additionally notify the Pension Fund and other state funds about this.

For settlements with participants, a bank account is opened. A direct collection of funds begins, which are then directed to the purchase or construction of residential buildings.

How is the cooperative managed?

If necessary, the appropriate management company may be involved for management.

A board is necessarily organized to manage the cooperative. A chairman is elected from among the members of the board. He is endowed with numerous powers. The chairman of the cooperative is engaged in hiring workers in the state.

In the organization, in addition to the chairman, an accountant and a passport officer, as well as technical staff, should be employed. Residents of one house can additionally decide to allocate a rate to a concierge or an attendant. The organization draws up an agreement with the private security company to organize the protection of the facility.

All other members of the cooperative can act actively even if there is a chairman. They regularly take part in meetings, and also organize the activities of the enterprise on a gratuitous basis. They can make a decision regarding the need for reconstruction of the structure or the repair of the building.

Entry rules

Many people realize the value and profitability of acquiring housing with the help of such savings cooperatives. To become a member of a cooperative, a rather complicated legal procedure is required. This requires permission from other participants.

According to the Federal Law on housing savings cooperatives, to join such an organization, the following actions are performed:

Initially, an application for joining the association is formed;
it is transferred to the chairman, after which this document is considered by the members of the cooperative;
it is allowed to accept into the organization any citizen whose age is more than 16 years old, but minors must certify their application with their parents or guardians;
a person wishing to become a member of the association must study all the provisions of the charter, and he is also notified of the amount of the initial contribution;
then the approval process is carried out, for which a meeting of residents is held;
each participant can speak about the need to admit a new member;
a vote is held, the results of which decide whether the applicant will be accepted into the cooperative, and an open vote is required;
the result of this vote is fixed by a special act, after which a protocol is formed;
the drawn up documents are stored at the enterprise for five years, since it is on the basis of them that it is proved that a new member of the organization can register property and deposit various funds into the account of the organization.

As soon as the applicant becomes a member of the cooperative, he receives the right to dispose of the property owned by the company. This is due to the fact that he, together with other tenants, becomes the owner of the house. Since a joint form of ownership is used, each person must responsibly use the property and the surrounding area. Additionally, it is required to maintain a register of each member of the cooperative, where the arrival and departure of citizens will be recorded.

What are the rights and obligations of the members of the organization?

When creating such an association, all members are endowed with certain rights and obligations, which citizens should be aware of. The main rights are:

management of common property;
participation in meetings to resolve numerous issues related to buildings;
the purchase of housing for personal use, for which the full amount of the contribution is required;
selection of members of the cooperative, members of the board;
occupation different types activities aimed at managing common property;
the right to vote, allowing to manage the association;
resolving issues regarding the need for repair or reconstruction of the structure;
the use of various benefits provided for by the statutory documentation;
distribution of income received as a result of the activities of the association;
obtaining information about the results of the enterprise;
sale, donation, exchange or inheritance of property, if it belongs to a citizen by right of ownership;
if a person leaves the cooperative, then he can demand the return of his funds paid in the form of contributions;
well-designed residential facilities are inherited.

But at the same time, each member of the cooperative has certain responsibilities. These include the fact that they must follow all the rules listed in the statutory documentation. All orders adopted at the meeting are binding. All contributions are paid without fail, the amounts of which are prescribed in the charter. Each participant is financially responsible for the construction, as well as for other common objects or the adjacent territory. If unforeseen situations arise, then all members of the cooperative bear risks within the limits of available savings.

How is the share paid?

All contributions that are made to the account of the association are shares. Features of housing savings cooperatives are that a participant can become the owner of a residential facility only after the final payment of this share.

Upon initial entry into the association, it is necessary to transfer the entrance fee to the cooperative, and often its size is equal to half the cost of the apartment. Further, additional share payments are made periodically until the entire cost of the object is transferred to the company.

The size of the share is set at the opening of the enterprise, after which this information included in the founding documents. Until the share is redeemed, the organization acts as the owner of the apartment, so it can dispose of and use it.

Thus, housing cooperatives are considered to be in demand organizations whose activities are regulated by the provisions of Federal Law No. 215. The acquisition of apartments with the help of such associations has many undeniable advantages, although such a solution also has some disadvantages. Each person planning to purchase real estate in this way should carefully evaluate all the nuances of this process. It takes into account the need to immediately make an initial contribution when joining a cooperative, which is usually equal to half the cost of the apartment.

The legal, economic and organizational bases for the activities of housing savings cooperatives are determined to attract and use funds from citizens - their members for the purchase or construction of residential premises in order to transfer them for use and after making share contributions in full to the property of members of housing savings cooperatives, as well as guarantees for the protection of the rights and legitimate interests of citizens - members of housing savings cooperatives are established. Installed legal status housing savings cooperatives, the rights and obligations of their members, the procedure for the creation, reorganization and liquidation of housing savings cooperatives, as well as the procedure for their activities to attract and use citizens' funds for the purchase of residential premises.

The number of members of the cooperative cannot be less than 50 and more than 5 thousand people. Members of the cooperative bear the risk of losses associated with the activities of the cooperative within the limits of their share savings.

The requirements for ensuring the financial sustainability of the cooperative's activities are established. In particular, the amount of the part of the share contribution, after the payment of which the right to acquire or construct a dwelling by the cooperative for transferring it to the use of a member of the cooperative arises, cannot be less than 30% of the size of the share contribution of the member of the cooperative. The cost of acquiring rights to residential premises under construction in the manner of equity participation and the cost of residential premises being constructed by a cooperative should not exceed 20% of the value of the property of the cooperative. The minimum term for a member of a cooperative to make a part of the share contribution, after making which the right to acquire or construct a dwelling for a member of the cooperative arises, is determined by the charter of the cooperative. At the same time, starting from the second year of the cooperative's activity in attracting and using citizens' funds for the purchase of residential premises, the specified minimum period cannot be less than two years. A list of transactions that a cooperative can make only after obtaining the consent of the general meeting of members of the cooperative is given.

Constituent documents of previously established cooperatives and other organizations and engaged in activities to attract and use citizens' funds for the purchase of residential premises, with the exception of the constituent documents of housing and housing-construction cooperatives, shall be brought into line with the Federal Law within a year from the date of its entry into force.

The federal law enters into force ninety days after the day of its official publication, with the exception of a number of provisions for which a different period of entry into force is established.

THE FEDERAL LAW RUSSIAN FEDERATION

No. 215-FZ On housing savings cooperatives

Chapter 1. General Provisions

Article 1. Relations regulated by this Federal Law

1. This Federal Law defines the legal, economic and organizational basis for the activities of housing savings cooperatives in attracting and using funds from citizens - their members for the purchase or construction of residential premises in the territory Russian Federation in order to transfer them for use and after making share contributions in full to the property of members of housing savings cooperatives, and also establishes guarantees for the protection of the rights and legitimate interests of citizens - members of housing savings cooperatives.

2. This Federal Law establishes the legal status of housing savings cooperatives, the rights and obligations of their members, the procedure for the creation, reorganization and liquidation of housing savings cooperatives, as well as the procedure for their activities to attract and use citizens' funds for the purchase of residential premises.

3. Participation of citizens in the formation of property legal entities, including in the formation of their authorized (reserve) capital or share funds by depositing cash or other property, which entails the assumption by these legal entities of obligations that provide for the acquisition by citizens of the right of ownership to residential premises, it is possible in cases where such participation is provided by federal laws.

Article 2. Basic concepts used in this federal law

For the purposes of this Federal Law, the following basic concepts are used:

1) a housing savings cooperative (hereinafter also referred to as a cooperative) - consumer cooperative, created as a voluntary association of citizens on the basis of membership in order to meet the needs of members of the cooperative in residential premises by combining members of the cooperative with share contributions;

2) the activities of the cooperative in attracting and using funds from citizens for the purchase of residential premises (hereinafter also referred to as the activities of the cooperative) - the attraction and use by the cooperative of funds of citizens - members of the cooperative and other funds raised by the cooperative for the acquisition or construction of residential premises (including in multi-apartment houses) in order to transfer them for use and after making share contributions in full to the property of members of the cooperative;

3) residential premises - an apartment or residential building that meets the requirements established by the housing legislation of the Russian Federation;

4) share contribution - funds paid by a member of the cooperative in the manner and within the time limits provided for by the form of participation of a member of the cooperative in the activities of the cooperative in attracting and using funds from citizens for the purchase of residential premises, and the amount of which is determined in accordance with the provisions of this Federal Law. The composition of the share contribution may include income received by the cooperative from its entrepreneurial activity and distributed among the members of the cooperative in proportion to their shares;

5) entrance membership fee - money contributed by a citizen at a time to cover the costs of establishing a cooperative and admitting a citizen to membership in a cooperative;

6) membership fee - funds periodically contributed by a member of the cooperative to cover the costs associated with the implementation by the cooperative of the activities provided for by its charter, with the exception of the activities of the cooperative to attract and use funds from citizens for the purchase of residential premises;

7) additional contribution - funds contributed by a member of the cooperative to cover the losses of the cooperative;

8) share accumulation - a part of a share contribution made by a member of a cooperative on a certain date;

9) share - the share of share accumulation of a member of the cooperative in the share fund of the cooperative;

10) share fund of a cooperative - the amount of share savings of members of a cooperative;

11) the actual value of the share - a part of the value of the net assets of the cooperative, proportional to the size of the share;

12) the form of participation of a member of the cooperative in the activities of the cooperative for attracting and using funds from citizens for the purchase of residential premises (hereinafter referred to as the form of participation in the activities of the cooperative) - the procedure for the members of the cooperative to make share contributions to the unit fund of the cooperative in the established by the cooperative in accordance with the requirements of this Federal Law options for choosing one of them by members of the cooperative.

Article 3. Basic provisions on housing savings cooperatives

1. With the exception of the activities provided for by this Federal Law, a housing savings cooperative is not entitled to carry out other activities.

2. The name of a housing savings cooperative must contain the words "housing savings cooperative". Legal entities that do not meet the requirements of this Federal Law are not entitled to use the words "housing savings cooperative" in their names.

3. A cooperative owns separate property recorded on its independent balance sheet, can acquire and exercise property and personal non-property rights on its own behalf, incur obligations, be a plaintiff and defendant in court. The property of the cooperative is formed at the expense of share and other contributions of the members of the cooperative, income received by the cooperative from entrepreneurial activities carried out by it, which serves to achieve the goals for which the cooperative was created and corresponds to these goals, voluntary donations and other sources not prohibited by law.

4. The cooperative is considered to be established as a legal entity from the date of making the relevant entry in the unified State Register legal entities. A cooperative is created without limiting the period of activity, unless otherwise provided by its charter.

5. Relations between a cooperative and its members arise on the basis of membership in a cooperative in accordance with the requirements of the Civil Code of the Russian Federation, this Federal Law, the regulatory legal acts of the Russian Federation adopted in accordance with it, the charter of the cooperative, and also in accordance with the decisions of the bodies of the cooperative, taken within their competence.

6. A cooperative cannot enter into contractual relations with members of a cooperative, as a result of which civil rights and obligations are established, changed or terminated, connected with the implementation of the activities of the cooperative in attracting and using funds from citizens for the purchase of residential premises.

7. The cooperative, in accordance with the established procedure, has the right to open accounts in banks located on the territory of the Russian Federation.

8. The cooperative must have a round seal containing its full name in Russian and an indication of the location of the cooperative. The seal of the cooperative may also contain its trade name in any language of the peoples of the Russian Federation and (or) foreign language. The cooperative has the right to have stamps and forms with its name, its own emblem and other means of individualization.

Article 4. Responsibility of the cooperative

1. A cooperative is liable for its obligations with all its property.

2. The cooperative is not liable for the obligations of its members.

Article 5. Members of a cooperative

1. A citizen who has reached the age of sixteen may be a member of a cooperative. The admission of a citizen as a member of a cooperative is carried out on the basis of his application in writing in the manner established by this Federal Law and the charter of the cooperative.

2. A cooperative is obliged to maintain a register of members of the cooperative, which must contain the following information:

1) surname, name, patronymic of a member of the cooperative;

2) passport data or data of another identification document of a cooperative member;

3) postal address, phone numbers, address Email member of the cooperative;

4) the form of participation in the activities of the cooperative;

5) other information provided for by the charter of the cooperative.

3. A member of a cooperative is obliged to timely inform the executive body of the cooperative about changes in the information provided for by part 2 of this article. If a member of the cooperative fails to provide information about the change in the specified information, the cooperative shall not be liable for the losses caused in connection with this.

4. The number of members of a cooperative cannot be less than fifty people and more than five thousand people, unless otherwise provided by this Federal Law.

5. Membership in a cooperative arises after the relevant information about the citizen who has submitted an application for membership in the cooperative has been entered into the unified state register of legal entities in the manner prescribed by this Federal Law and Federal Law No. 129-FZ of August 8, 2001 "On state registration legal entities and individual entrepreneurs"(hereinafter referred to as the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs"), from the date the citizen submits the entry membership fee and the first payment on account of the share contribution.

6. The basis for entering information about a citizen who has submitted an application for admission to the membership of a cooperative in the unified state register of legal entities is the decision of the body of the cooperative authorized by the charter of the cooperative.

7. The federal executive body authorized to carry out state registration of legal entities, within one working day after the date of entering information about the citizen who submitted an application for admission to membership of the cooperative, into the unified state register of legal entities, issues to the cooperative a document confirming the fact of entering the relevant information in the unified state register of legal entities. The form and content of such a document are established by the Government of the Russian Federation.

8. A cooperative, at the request of a citizen who has submitted an application for admission to membership in a cooperative, is obliged to issue him a copy of the document provided for by paragraph 7 of this article, certified by the seal of the cooperative and the signature of the authorized official cooperative.

9. Payment by a citizen who has submitted an application for admission to membership of a cooperative, an entrance membership fee and the first payment on account of a share contribution is carried out after entering information about him in the unified state register of legal entities.

10. In the event that a citizen fails to make an entrance membership fee or the first payment on account of a share contribution within three months from the date of entering the relevant information into the unified state register of legal entities, the sole executive body of the cooperative is obliged to send to the federal executive body authorized to carry out state registration of legal entities , an application for the annulment of information about a citizen who has submitted an application for admission to membership in a cooperative, in the unified state register of legal entities. This application is sent by the sole executive body of the cooperative within three working days after the end of the specified period. The federal executive body authorized to carry out state registration of legal entities shall notify the cooperative and the citizen who applied for membership of the cooperative about the cancellation of the relevant information in the unified state register of legal entities within one working day after the date of cancellation of such information.

Article 6. Responsibility of members of a cooperative

1. A member of a cooperative shall be liable for his obligations to the cooperative on the grounds and in the manner provided for by this Federal Law and other federal laws.

2. Members of a cooperative bear the risk of losses associated with the activities of the cooperative within the limits of their share savings.

3. Members of a cooperative shall be liable to the cooperative for violation of obligations to make share and other contributions. The amount of the penalty for violation of obligations to make these contributions is determined by the charter of the cooperative and cannot exceed one three hundredth of the refinancing rate of the Central Bank of the Russian Federation effective on the day the penalty is paid for each day of delay in making contributions. A penalty for violation of obligations to make share and other contributions is accrued from the day following the day set for making contributions until the day these contributions are made by members of the cooperative, unless a different procedure for calculating the penalty is established by the charter of the cooperative.

Article 7. Rights of members of a cooperative

1. Members of a cooperative have the right to:

1) participate in the management of the cooperative and be elected to its bodies;

2) use all the services provided by the cooperative;

3) choose the form of participation in the activities of the cooperative;

4) give consent to the acquisition or construction of residential premises by the cooperative in accordance with the requirements specified in the application of a member of the cooperative, and taking into account the form of participation in the activities of the cooperative chosen by him;

5) to receive from the cooperative for use residential premises in the manner prescribed by this Federal Law;

6) enjoy the benefits provided for members of the cooperative by the charter of the cooperative and decisions of the bodies of the cooperative adopted within their competence;

7) participate in the distribution of income received by the cooperative from the entrepreneurial activity carried out by it in accordance with this Federal Law, in the manner established by this Federal Law;

8) receive information from the bodies of the cooperative about the activities of the cooperative in the manner and to the extent provided for by this Federal Law and the charter of the cooperative;

9) to transfer a share to another member of the cooperative or to a third party who cannot be refused admission by the cooperative as a member of the cooperative;

10) to bequeath a share;

11) receive upon termination of membership in the cooperative the actual value of the share, determined in accordance with this Federal Law;

12) appeal to judicial order decisions of the general meeting of members of the cooperative and the board of the cooperative;

13) to receive residential premises in the ownership in the manner prescribed by this Federal Law;

14) acquire other rights provided for by this Federal Law, other federal laws and the charter of the cooperative.

2. A member of a cooperative has the right to make demands on the cooperative regarding the quality of the living quarters transferred for use and after making a share contribution in full to the property of a member of the cooperative, as well as the quality of the work performed and the services provided at the expense of shares and other contributions. The specified requirement is subject to execution by the cooperative in the manner prescribed by the charter of the cooperative.

Article 8. Obligations of members of a cooperative

Cooperative members are required to:

1) comply with the charter of the cooperative, implement the decisions taken by the bodies of the cooperative within their competence, perform the duties and bear the responsibility provided for by this Federal Law, other federal laws and the charter of the cooperative;

2) timely make share and other contributions in the manner prescribed by the charter of the cooperative and decisions taken by the board of the cooperative within its competence;

3) not interfere with the exercise of rights and the performance of duties by other members of the cooperative and bodies of the cooperative;

4) perform other duties provided for by this Federal Law, other federal laws and the charter of the cooperative.

Article 9. Termination of membership in a cooperative

1. Membership in a cooperative is terminated in the event of:

1) voluntary withdrawal from the cooperative;

2) exclusion of a member of the cooperative from the cooperative;

3) transfer of a share to another member of the cooperative or to a third party;

4) death of a member of a cooperative, declaring him dead in accordance with the procedure established by federal law;

5) foreclosure on a share;

6) payment by a member of the cooperative of a share contribution in full and the transfer of the relevant residential premises to the ownership of the member of the cooperative, unless the member of the cooperative has other share savings and otherwise is not provided for by the charter of the cooperative;

7) liquidation of the cooperative, including in connection with its bankruptcy.

2. Termination of membership in a cooperative does not release a member of the cooperative from the obligation to make contributions that arose prior to filing an application for withdrawal from the cooperative, with the exception of a share contribution.

3. Upon termination of membership in a cooperative on the grounds provided for in paragraph 4 of part 1 of this article, the heir of the deceased member of the cooperative has the right to be accepted as a member of the cooperative. If the share of the deceased member of the cooperative has passed to several heirs, the heir who has the right to be accepted as a member of the cooperative is determined by an agreement between the heirs or a court decision. In the event that none of the heirs exercised the right to be accepted as a member of the cooperative, the cooperative pays to the heirs the shares of the actual value of the share due to them in accordance with the inheritance shares in the manner and within the time limits established by Article 32 of this Federal Law and the charter of the cooperative. An heir who has not become a member of the cooperative has the right to receive from the heir who has become a member of the cooperative a compensation of a share of the actual value of the share, commensurate with his share of the estate, including the payment of an appropriate sum of money. The term for payment of compensation is determined by agreement between the heirs or, in the absence of such an agreement, by the court, but cannot exceed one year from the date of opening of the inheritance.

4. Upon termination of membership in a cooperative on the grounds provided for in paragraphs 1 and 2 of part 1 of this article, the retired member of the cooperative shall have the right to receive the actual value of the share in the manner and within the time limits provided for by this Federal Law and (or) the charter of the cooperative.

5. Membership in a cooperative is terminated from the date of making the relevant entry in the unified state register of legal entities in the manner prescribed by this Federal Law and the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs". The basis for making an appropriate entry in the unified state register of legal entities is the decision of the body of the cooperative authorized by the charter of the cooperative, and in the event of exclusion of a member of the cooperative from the cooperative or levying execution on the share of the member of the cooperative, the decision or ruling of the court.

Article 10. Expulsion of a member of a cooperative from a cooperative

1. A member of a cooperative may be expelled from the cooperative in a judicial proceeding on the basis of a decision of the general meeting of members of the cooperative in the event of:

1) repeated failure to fulfill the obligations established by this Federal Law and (or) the charter of the cooperative, or the inability of the cooperative to carry out its activities or significant difficulty in its implementation as a result of actions (inaction) of a member of the cooperative;

2) systematic violation of the procedure for making share and other contributions. A systematic violation of the procedure for making share and other contributions is recognized as a violation of the terms for making contributions or their underpayment more than three times within twelve months, even if each delay or the amount of each underpayment is insignificant, or a single delay in making share and other contributions for more than three months.

2. In a cooperative, the number of members of which exceeds two hundred, the charter of the cooperative may provide that the decision to expel a member of the cooperative from the cooperative, except for a member of the board of the cooperative, on the grounds specified in paragraph 1 of this article, may be taken by the board of the cooperative.

3. In the event of exclusion from the cooperative of a member of the cooperative, to whom the cooperative has transferred a dwelling for use, such a member of the cooperative, before the entry into force of the court decision on his exclusion, has the right to pay the remainder of his share contribution.

Article 11

1. The cooperative acts on the basis of the charter, which is approved by the general meeting of members of the cooperative. Changes to the charter of a cooperative are made by decision of the general meeting of members of the cooperative.

2. The charter of a cooperative must provide for:

1) the name of the cooperative and its location;

15) information about branches and representative offices of the cooperative;

16) the procedure for reorganization and liquidation of the cooperative;

17) other provisions provided for by this Federal Law.

3. The charter of a cooperative may also provide for other provisions that do not contradict the legislation of the Russian Federation and regulate the establishment and activities of the cooperative and its bodies, including the limitation of the participation of close relatives in the activities of the cooperative's bodies.

Chapter 2. Creation, reorganization and liquidation of a cooperative

Article 12. Creation of a cooperative

A cooperative is created on the initiative of no less than fifty people and no more than five thousand people. State registration of a cooperative is carried out in the manner prescribed by the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs".

Article 13. Reorganization of a cooperative

1. A cooperative may be voluntarily or forcibly reorganized in the manner prescribed by this Federal Law. The reorganization of a cooperative may be carried out in the form of a merger, acquisition, division, separation or transformation.

2. A housing savings cooperative may only be transformed into a housing cooperative, a housing construction cooperative or an association of homeowners. A housing savings cooperative may be transformed into a legal entity of a different organizational and legal form only in cases provided for by federal laws.

3. Voluntary reorganization of a cooperative is carried out in accordance with the decision of the general meeting of members of the cooperative in the manner prescribed by the Civil Code of the Russian Federation, this Federal Law and other federal laws.

4. If the number of members of a cooperative exceeds the limit established by this Federal Law, the cooperative is subject to compulsory judicial reorganization in the form of division or separation at the request of the federal executive body authorized to carry out state registration of legal entities, or the federal executive body, exercising the functions of control and supervision in the field of financial markets. The federal executive body exercising the functions of control and supervision in the field of financial markets suspends the activities of the cooperative in attracting funds from new members of the cooperative and using these funds during the period of compulsory reorganization.

5. When a cooperative is reorganized, its rights and obligations shall be transferred to the legal successor of such a cooperative in accordance with the deed of transfer or separation balance sheet of the cooperative, which must contain provisions on the succession of all obligations of the reorganized cooperative in relation to all its creditors and debtors. If the dividing balance sheet of a cooperative does not make it possible to determine its legal successor, the newly established legal entities shall be jointly and severally liable for all obligations of the reorganized cooperative to its creditors.

6. The deed of transfer or the dividing balance sheet of the cooperative is approved by the general meeting of members of the cooperative and submitted together with constituent documents for state registration of newly emerged legal entities or amendments to the charter of the cooperative.

7. A member of a reorganized cooperative becomes a member of one of the newly emerged cooperatives in the manner prescribed by the decision on the reorganization of the cooperative, adopted by the general meeting of members of the cooperative, and in the event of division or separation of the cooperative by a court decision in accordance with its decision.

8. Not later than thirty days from the date of the adoption of the decision on the reorganization of the cooperative in the form of separation, separation or transformation, and in the case of reorganization of the cooperative in the form of a merger or accession, not later than thirty days from the date of the decision on this by the last of the cooperatives participating in the merger or accession, the cooperative is obliged to notify in writing the creditors of the cooperative and publish in the press, which publishes data on the state registration of legal entities, a message about decision. At the same time, the creditors of the cooperative within thirty days from the date of sending them notifications or from the date of publication of the notice of the decision taken have the right to demand in writing the early termination or fulfillment of the relevant obligations of the cooperative and compensation for their losses.

9. A cooperative is considered reorganized from the date of state registration of a newly emerged cooperative, except for cases of reorganization of a cooperative in the form of affiliation. When reorganizing a cooperative in the form of joining