Typical statute of SNT in the new edition. The transition of SNT in TSN is not right, but the duty. Changes to pay membership fees

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With it, regulation legal status and the procedure for interaction between participants in the management process.

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AT new edition Federal Law No. 217 is enshrined with an information list that must be reflected in the document:

  • the name of the organization, taking into account the reflection of the legal form;
  • legal registration address;
  • stated goal activities;
  • decision making nuances;
  • current list of guiding structures and their competence;
  • regulations for admission to the participants and the procedure for exiting SNT;
  • requirements for the formation of the register of current gardeners;
  • rights and obligations of members (legal status);
  • features of payment membership fees and the powers of the leadership of the partnership on the recovery of mandatory payments in court;
  • nuances of the work of the Audit Commission;
  • the procedure for obtaining common property facilities to implement their own needs;
  • regulations for informing community participants on the activities of structural divisions;
  • the basic norms of the interaction of SNT with persons whose land plots are located within the territory owned by the partnership (are not members of the community);
  • procedural decision-making algorithm in the framework of absentee voting;
  • requirements performed before initiating the procedure for the reorganization or liquidation of SNT;
  • ability to adjust the document.

When compiling the charter, the first sheet is allotted for title data. It is not subject to mandatory numbering. All pages are stitched. On the turnover of the last sheet, their current number is prescribed.

The main text is divided into:

  • sections;
  • chapters;
  • articles, each of which is regulated by one of the urgent issues of the organization.

All items can be divided into other structural units, including specific regulations. The new charter is allowed to form on the basis of the old instance. In practice, the first section is dedicated to the basic provisions.

New changes in legislation will come into full-fledged legal force after January 1, 2019. Requirements are assigned to federal law along with examples from legal practice.

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How to register in Russia

Until the beginning of 2019, the chairmen of organizations uniting gardeners should work in the development of a new charter in full compliance with legislative amendments. Obligations are assigned to the board of the partnership. The procedure for approval of a legally significant document is engaged in the general meeting of representatives.

Procedure:

  1. Responsible performers are engaged in the development of the basic text of the Charter.
  2. Each union participant receives a written notice of changes made.
  3. Appoind acceptable organization date for all members general Assembly.
  4. According to the results of the basic data processing, a specialized protocol is compiled, in which comprehensive results are summed up.
  5. The head of SNT turns to the territorial tax inspection with a full package of accompanying documentation and the prepared by the authorized project (there can also be samples of filling out all securities).

The main papers include:

  • application for initiation of procedure state registration new document;
  • two copies of the design compiled;
  • fixed resolution of all community members;
  • receipt of full payment of state duty.

All documentation is subject to compulsory notarization. The money on the procedure is allocated from the SNT single budget.

Important to remember!

Tax Service is considering an application for 1 month, after which the project is approved. At the same time, the Charter acquires legal force.

According to Article No. 11 of the Federal Law No. 217, only the membership meeting may be the main management body of the partnership. The procedure for the voting on the most important organizational issues is negotiated in Article No. 17 of the same regulatory act.

Registration of the Charter B. federal registry It will not be completed if the community will not be the following competent structures:

Control authority over the action of the main organs receive auditors. Such categories of persons are responsible to the General Assembly of SNT. The procedure for appointing a position should be fixed in the new charter. This is described in detail in Article No. 20 of the Federal Law No. 217.

Issues of tracking document management are within the competence of the direct chair. It is responsible for office work, storage of documentation and organizational press.

Additional powers are as follows:

  • making discharges for interested participants;
  • development of copies of any documents requested by state or municipal authorities;
  • support for SNT members on legal issues.

What changes need to be made this year

Article No. 4 of the new regulatory act states that Russian citizens receive territorial possessions in SNT only on the basis of permitted use for the development of the garden and cottage.

Norma allows you to organize only two forms of activity: a horticultural and garden partnership.

Additionally, the act negotiates who is endowed with the authority to create such communities.

List of following:

Owners of territorial deposits related to gardening square can participate in the formation of only one SNT for effective property management in common use. It is assumed to join exclusively owners of real estate objects.

Membership fee

The partnership has the right to collect funds from immediately members only 1 time per calendar month. It is allowed to do less often, based on your own preferences. Receptions are carried out in the format of non-cash calculation to the specified account in any financial organization.

After making a payment transaction, receipts are transferred to the owners of the sites, including a complex of details about SNT.

Types of contributions:

Control procedure

A partnership leads its actual participants.

The owners of the Earth may decide on:

  • purchase by the partnership of new territories;
  • transactions related to the design of documentation, meaningful with legal point vision;
  • construction of common property facilities;
  • opening settlement accounts in financial institutions;
  • acceptance of new participants and much more.

Under the complete control of the meeting is the activities of the Chair. It is allowed to attract a qualified performer from the part to delegate a similar set of functions.

Change sheets

The procedure for fixing new standards is reflected in the Federal Law No. 129 on state registration legal entities from August 8, 2001.

Register changes in legal data subject to consolidation in the Charter, only in the following situations:

If only one person takes part in the partnership, then an official decision should be made to adopt the adjustment of the Charter. With numerous composition, the Constituent Assembly should be held.

As part of the general collection on the agenda, the relevant issue is raised, after which a universal vote is held. The operation should be carried out so that everyone is clear that the amendments will be made on the basis of a sheet of change.

Example of presentation:

"It is necessary to change item No. 5.2 of the Charter of SNT" Gorodets ", in its next edition of the following data: the site of registration of the Company is the city of Nizhny Novgorod, Rodionova Street, house 224. The rate is reflected by drawing up a sheet of change, which is applied to the Charter of SNT" Gorodets "from 05/15/2018 №4-д. "

On the documented protocol, the signature of all existing members of the partnership, the direct chairman and the secretary is affixed. If the community has own printThe document is subject to compulsory.

The composed sheet is transmitted to the FTS. Additionally, the intention to change the charter due to the change of registration address.

Basic papers:

The deadline must be no more than 3 business days from the date of adoption of the relevant decision. The standard statement is assigned in a notary, which should fix its resolution on the sheet "M" (Page No. 3).

The statement No. 33001 contains several sheets that include a specific set of information. These data are needed for additional registration in the registry on the fact of changing the legal address.

It is enough to fill out only the following pages:

  • title page ;
  • sheet "B" - updated information is recorded on it;
  • sheet "M" - Contains a full range of data on all applicants.

Other sheets in the framework of the change in the charter is not necessary to fill out.

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Applications and calls are accepted around the clock and seven days a week..

First in "AIF. At the cottage, "this news was informed our reader Anatoly Sudyov from Moscow. At our request lawyer Yury Volokhov explained the situation.

From September 1, 2014, the Federal Law of May 5, 2014 came into force No. 99-ФЗ, which made very significant changes to Chapter 4 "Legal entities" of the part of the First Civil Code of the Russian Federation. So, it is envisaged that from September 1, 2014, new horticultural non-profit partnerships (SNT) and homeowners' accessories (HOA) should be created in the form of a real estate owner partnership.

Without panic

What do you need to make SNT reigns now: undergo re-registration, change the seal?

Re-registration of HOA and SNT in connection with the entry into force of the Federal Law of May 5, 2014 No. 99-FZ is not required. Constituent documents, as well as the names of the HOA and SNT, created before the day of entry into force of the named law (that is, before September 1, 2014), to be brought into line with the new norms of chapter 4 of the Civil Code of the Russian Federation at the first change constituent documents Such legal entities. That is, no limit deadlines for making changes.

By the way, the state duty when registering changes in constituent documents is not charged.

Suppose, in 2015, a major object of general use will be created in your SNT, and in this regard, you will need to make changes to the charter of the horticultural non-profit partnership (in the list of common property). Then at the same time, and the entire charter should be brought into line with the new provisions of chapter 4 of the Civil Code of the Russian Federation, including - in the name of the legal entity, the words "Association of Real Estate owners" should appear.

Documents are the same

What to do CNT members? Will the registration witnesses for Earth and the buildings obtained earlier? Or will they have to be changed on new?

Gardeners should reassure the fact that the change in the name of the legal entity does not require amendments to the guidelines and other documents containing its former name. What does this mean? The name of the horticultural association will ever change (in it, as already mentioned, there will be the words "Association of owners of real estate"), and this will naturally be reflected in his charter. But the right-point and other documents existing in the hands of gardeners (for example, certificates of state registration of ownership of land plot), no changes need to be needed: they will still be the corresponding horticultural or country a non-commercial partnership.

Changes are minimal

Now everyone needs to process each SNT?

Especially, and even more so urgently, change the charter is not necessary. The law says that the constituent documents of the legal entities mentioned before bringing them into line with the new norms of chapter 4 of the CCs act in a part that does not contradict the indicated standards. That is, from September 1, all those provisions of the specific statute of SNT, which do not contradict the norms provided for in the new edition of Chapter 4 of the GC, remain in force. However, a preliminary acquaintance with innovations convinces that neither members of the HOA, nor the members of the horticultural non-commercial partnerships It is thoroughly "shifting" your statutes do not have to.

I note and another provision of FZ No. 99. From September 1, 2014, the norms of chapter 4 of the GC were already applied to the legal entities created before this date. Namely: the standards for real estate owners are applied to partnerships of the owners of housing, gardening, gardening and dual non-commercial partnerships. But since Chapter 4 of the Civil Code of the Russian Federation, including Articles 123.12-123.14, devoted directly to the partnerships of property owners, contains mainly only general provisions, then directly on the owners of housing, summer houses and gardeners will not affect.

Conclusions - comforting

Federal Law on Horticultural Associations of Citizens is now canceled?

Federal Law of April 15, 1998 No. 66-ФЗ On the horticultural associations of citizens, as well as the norms of the Housing Code of the Russian Federation on the HOA, are not canceled, but continue to act. Although, of course, at one time they will be adjusted.

And this means that the statutes of HOA, SNT and other non-commercial associations rewrite from the beginning and do not have to end.

From the editor

If you, dear readers, remained questions about the new law (or worry others legal problems), contact us. We will answer!

Fee for "individualism"

I went out of SNT, leading gardening in individual order. I make contributions to current SNT expenses, targeted contributions. Do I have to pay more contributions going to the salaries to the chairman and accountant of the partnership, the dimensions of which are established by the members of the SNT?

S. N. Mishunov, Moscow region

Replies lawyerGennady Kropotov:

You write that pay contributions to current SNT expenses. And in accordance with Article 1 Federal Law Of April 15, 1998 № 66-ФЗ "On the horticultural, garden and country of non-commercial associations of citizens" to current CNT expenses include cashintroduced to the remuneration of workers who have entered into labor contracts with SNT, and other similar costs.

In addition, your plot continues to remain in the territory of the partnership. The content of infrastructure facilities and other common property requires expenses, which include the wage of the chairman and accountant of the SNT.

Important: If you contributed to the acquisition (creation) of the common property of SNT, the fee for the use of them cannot be more than established for members of the partnership.

The new law on horticulture and gardening comes into force on the first day of 2019, and from that moment on, all the legal relations on the maintenance of the former "country" farm (and now exclusively the horticultural and gardening, the term "cottage" in law is not used) are regulated by this regulatory act .

Do I need to develop a new statute of SNT since 2019? The latest news from lawyers: the charter can not be changed, but it is better to do it, as there are significant innovations in the new law. In any case, the legal expertise of the current charter should be carried out. Let us know more about how to do it.

Download Charter for SNT 2019 for the new law 217-FZ for free (in good quality) You can download the link below.

What is the charter of SNT?

Before typing the request on the Internet: "The new charter of SNT 2019 is a sample free download," you should clearly understand what the document is.

Creating a charter is not just a formality for the registration of a partnership in the FTS bodies. This document determines how joint activities of the organization of gardeners and gardeners are carried out. Therefore, to write the charter, it is necessary to approach the maximum responsibly.

Many issues the law does not regulate rigidly, directively, providing the partnership to the founders themselves the opportunity to resolve the procedure for solving issues as efficient and convenient for them. Also, the statement is also used by the legislator. "If the charter is not defined otherwise."

For example, the order of convocation of the General Meeting in the law is not established, but it is better to register it in the charter, so that no disputes do not arise and did not question the legality of the solutions of the main SNT body. Also, if not approved in the charter, the regulations of part-time voting, decisions taken in this way may later be easily challenged. Therefore, typical article SNT from January 1, 2019 it is better to apply it, processing it in accordance with the interests of a particular partnership.


Requirements for the Charter in 2019

The statute of SNT on 217-FZ should contain (Art. 8 of the new law):

  • full title;
  • organizational and legal form;
  • location determined in accordance with the Civil Code of the Russian Federation;
  • the object and objectives of the activities of the partnership (indicated in Art. 7 of the FZ-217);
  • the procedure for the management of SNT, the procedure for the activities of its bodies and the decision-making of solutions;
  • the order of admission and exceptions from the number of members, the procedure for exiting SNT;
  • method of maintaining the register of members;
  • rights and obligations of members, principles of responsibility;
  • the procedure for establishing and collecting contributions, responsibility for non-fulfillment of this obligation;
  • the procedure for education, powers and composition of the Audit Commission;
  • the procedure for creating common use;
  • the procedure for making changes to the Charter;
  • the procedure for reorganization, as well as liquidation;
  • the procedure for informing members of the activities of the partnership and its bodies, including accounting statements;
  • the order of interaction with "individuals" (not entered into SNT), the plots of which are located within the borders of the partnership;
  • the procedure for making decisions of the General Assembly in the form of correspondence voting.

Based on these requirements, it is necessary to conduct legal expertise and make the necessary changes in order to comply with the requirements of the FZ-217.

Mandatory changes

The new law of tough terms about making changes does not contain, but at the very beginning of changes to the constituent documents of the FTS will require them in accordance with FZ-217. It should also be taken into account that since 2019, all the relations on gardening and gardening will be governed by the norms of the new law, the provisions of the Charter contradictory themselves are considered invalid.

The reorganization of the previously created NGO is not necessarily, but this rule does not apply to cooperatives. You can change the name and include "Housing Association" in it. certain requirements (Plots are located within the boundaries of the settlement and residential buildings are erected on them - Art. 54 FZ-217). It will also be useful to get acquainted with the recommendations that prepared the Union of Gardeners.

It is necessary to understand that a simple transfer to the charter of the provisions of the law is literally - this is an incorrect approach. Expert recommendations are reduced to the following: create your own charter and competently carry out the procedure for approving the main document.

The draft charter should be developed to the Board. Then it is necessary to provide in advance to familiarize themselves to all members of the partnership. The final stage is the convening of a general meeting, holding it with the decision on the agenda of the decision on approval of the new edition of the Charter. The whole procedure must be carried out in a clear compliance with the requirements of the current Basic SNT document. The protocol on the decisions of the General Assembly is necessarily drawn up.

In 2018, the FZ-66 is still under gardening, which allows the general meeting of members of the partnership in the form of a meeting of the Commissioners. For SNT with a large number of members, this is a convenient option for the convening of the main partnership body. The new law of assembly of the Commissioner does not provide.

Special attention should be paid to the name. In accordance with Art. 4 FZ-217 SNT is a type of real estate owners. Therefore, according to Art. 123.12 of the Civil Code of the Russian Federation in the title should be attended by the words "Association of Real Estateholders".

Technical requirements

There are generally accepted rules for registration of statutory documents, which are not spelled out in the legislation. There is always a title page that is not numbered, but is taken into account in the number of sheets. It stands out from the general text, as it contains only the name, data on approval and place of adoption.

The charter is structured by parties and chapters. The printed version is stitched, on the turn on the firmware the number of sheets is affixed and the chairman's signature is put.

Kuyras said:

The question is, who will lay on the shelves?

FZ 66.
Article 39. Reorganization of the Horticultural, Gardening or Country Non-Profit Association

1. Reorganization of the horticultural, garden or dacha non-commercial association (merger, accession, separation, allocation, changing organizational and legal form) is carried out in accordance with the decision of the general meeting of members of such an association on the basis of the Civil Code Russian Federation, this federal law and other federal laws.

2. When reorganizing the horticultural, vegetable or dacha non-commercial association, appropriate changes are made to its charter or a new charter is taken.

3. In the reorganization of the horticultural, garden or dacha non-commercial association, the rights and obligations of its members are transferred to the legal successor in accordance with the transfer act or the dividing balance, which should contain provisions on the succession for all obligations of the reorganized association to its creditors and debtors.

4. The transmission act or the separation balance of the gardening, vegetable or dacha non-commercial association is approved by the general meeting of members of such an association and is submitted together with the constituent documents for the state registration of new legal entities or to make changes to the charter of such an association.

5. Members of the reorganized horticultural, garden or dacha non-commercial association become members of the newly created horticultural, vegetable or country of non-commercial associations.

6. If the dividing balance of the gardening, gardening or dacha non-commercial association does not make it possible to determine its successor, newly emerging legal entities carry out joint responsibility for the obligations of a reorganized or reorganized horticultural, garden or country of non-commercial association before its creditors.

7. Horticultural, garden or country, non-commercial association is considered reorganized since the state registration of the newly created non-commercial association, with the exception of cases of reorganization in the form of joining.

8. With the state registration of a horticultural, vegetable or dacha non-commercial association in the form of an accession to it of another horticultural, garden or dacha non-commercial association, the first of them is considered reorganized from the moment of entering the Unified State Register of Legal Entities Recording on the termination of the activities of the attached association.

9. State registration of newly created as a result of the reorganization of horticultural, vegetable or country of non-commercial associations and entering into a single state register of legal entities of entries on the termination of the activities of reorganized horticultural, vegetable or country of non-commercial associations are carried out in the manner prescribed by

Transformation SNT in TSN

In accordance with the Federal Law of the N 99-FZ "On Amendments to Chapter 4 of the First Civil Code of the Russian Federation and recognition of the invisible provisions of the Legislative Acts of the Russian Federation" (given in terms of property owners' partnerships) for horticultural non-commercial partnerships changed organizational and legal the form. Now such associations are partnerships of real estate owners.

In accordance with the same law, re-registration of legal entities that are created in previous organizational and legal forms is not required. However, their constituent documents and names must be aligned with the new norms of the Civil Code of the Russian Federation at the very first changes in them.

The only constituent document of the horticultural non-commercial partnership is its charter.

First of all, its organizational and legal form: a horticultural non-profit partnership was indicated in the existing charters: a horticultural non-profit partnership. But from September 1, 2014, such an organizational and legal form does not exist, which entails the need to change the organizational and legal form of SNT on: Association of property owners, and, accordingly, submitting to the tax inspectorate at the location of the partnership of the new edition of the charter of the partnership.

It should also be borne in mind that with the introduction of a new organizational and legal form of the Association of Real Estate Owners Instead of the Horticultural Non-Professional Partnership, some of the main provisions of its functioning are significantly changed. Thus, the objects of general use in the settlers' partnerships belong to TSN members on the right of common share ownership, while in SNT, the property of common use was the property of a partnership as a legal entity, or by the joint property of SNT members, if it was acquired by targeted contributions.

In addition, the alienation of the share in the right to general property occurs simultaneously with the alienation of the land plot, while in SNT in the alienation of the Garden Land Member of SNT had the right to simultaneously alienate the acquirer share of the property of common use as part of a horticultural, garden or dacha non-commercial partnership in the amount of target contributions. There are still a number of distinctions TCN from SNT.

In addition, it is necessary to keep in mind that a legal entity can lead its activities only since its registration in the Unified State Register of Legal Entities (EGRUL). An organization with a non-existent organizational and legal form of a horticultural non-profit partnership at any time can be excluded from the EGRULA of the tax inspection, which may entail unpleasant consequences.

It should be noted that there is already a practical practice of tax inspectorate in the registration of the charters of the property owners of the property, as the successors of the horticultural non-commercial partnerships, which were presented in the form of changes to the current SNT charters. In addition, when converting SNT in TSN, the question of the succession in relation to the Protection of SNT faces.

Thus, the most correct way to bring constituent documents in accordance with the norms of 99-ФЗ, taking into account all the problems and requirements of the Federal Law 129-FZ "On the state registration of legal entities and individual entrepreneurs"It is the procedure for the reorganization of SNT in TSN in the form of conversion.

The procedure for reorganizing SNT in TSN consists of several main steps:

1. Decision of the Board of SNT on the timing of preparation and responsible for the preparation of the new edition of the Charter TSN.

2. Preparation of the new edition of the Charter TSN.

3. The decision of the Board of SNT on the appointment of the General Meeting of CNT members to adopt a new TSN Charter.

4. General Meeting of CNT members with a decision on the reorganization of SNT in TSN, approving the new edition of the Charter of TSN and the instructions to the Chairman of the Board to register a new edition of the Charter in the registering bodies (tax inspectorate at the place of finding TSN).

5. Preparation of documents for the state registration of constituent documents of the association (new charter, protocol of the general meeting, application form P13001).

6. Submission of documents to the tax inspection at the location of the partnership.

The fee is not subject to this procedure.