"Cooperation is a world system that
unites around the world millions of shareholders "
(KP Dyachenko)
Consumer cooperation provides an opportunityTo carry out business within the framework of a free economy zone and to receive tax benefits. The relevance of cooperative organizational and legal forms is becoming more obvious. Why? What are the types of cooperation? You will find answers to these and other equally interesting questions in this article.
A consumer cooperative is an independent cooperation of citizens (legal entities) on a voluntary basis, a collective possession of an autonomous democratically controlled organization.
The goal of each cooperative should besatisfaction of any need (for example, material) of the constituent entities. Participation in the cooperative (membership) is carried out through the uniting of units or contributions.
The consumer cooperative of citizens has the right not tolimited to one area of activity and "saturate" not only the needs of the material plan, but also social, cultural and socio-economic nature.
The democracy of cooperation consists in that, regardless of the amount of the share (contribution), the shareholders have equal rights. The highest management body is a general meeting of shareholders.
A modern consumer cooperative provides many opportunities, among which:
The first consumer cooperative was founded by weavers in 1769 in Scotland (Great Britain). He was engaged in selling his participants flour at reduced prices, without intermediaries.
Consumer, credit and manufacturingcooperatives were massively opened across Europe from the middle of the XIX century. They were an opportunity to survive in the difficult conditions of life of that time and the only protection from second-hand dealers.
Gradually formed the legislative and social basis for cooperation. 1852 was marked by the adoption of the first law on cooperation in the UK.
An epochal event in the history was educationEnglish "The Society of Fair Rochdale Pioneers," which continues to flourish to this day. This ancestor of modern cooperation was founded in 1844 in Rochdale. 28 weavers organized the first cooperative food store.
Rochdale principles (mutual aid, equality, average prices, one participant - one vote) formed the basis for the cooperative movement.
Nowadays, hundreds of cooperative organizations of various types successfully operate in the world, with a combined number of participants of at least one billion.
Legislative foundation for organizationscooperative forms are laid down in the Constitution, the Civil Code of the Russian Federation (Article 116), in special laws: "On Consumer Cooperatives ...", "On Agricultural Cooperation" and "On Production Cooperatives".
Charter of the consumer cooperative, as the mainthe constituent document regulates the work of the legal entity. In relation to a particular organization, it discloses the range of rights, duties and responsibilities of participants, the composition of management bodies, the basis of financial activity, the economic and legal aspects.
In addition to mandatory information for legalpersons, the charter contains a decision on the amount of shares and the specifics of their contribution, the procedure for making decisions and covering possible losses. The profit as a result of commercial and other activities is distributed in proportion to the contribution paid by the participants.
The debts of the organization partially become the responsibility of the shareholders. The amount of obligations for each participant can not exceed the still unrealized additional contribution.
Members of a consumer cooperative - it is not only citizens, but also the organization (in this case, necessarily part of two or more individuals).
The legal basis for credit cooperatives in ourthe country became the RF Law "On Credit Cooperation". A credit consumer cooperative is an association of citizens (organizations) to provide mutual support in terms of finance and lending.
Its main goal is the mutual assistance of the participants: those who do not have the means to receive them, and those who wish to have an income give the money at interest. A secondary goal is to make a profit.
The property base of a credit cooperative consists of contributions, income from activities, borrowed funds and other legitimate sources.
Borrowings are usually issued at a percentage higher than in the bank, but the guarantee of obtaining a loan is higher. This enables the members of the cooperative to have good dividends.
In general, credit cooperation contributes to the strengthening of financial security and the receipt of a stable income, if it really is a credit-consumer cooperative. Reviews of depositors today are ambiguous. So, many trust only banks, because under the guise of a cooperative organization, often scammers are hiding.
How to choose an honest cooperative, not a financial pyramid?
The legal basis of agricultural cooperatives is the provisions of the Law "On Agricultural Cooperation".
Agricultural consumer cooperativeis established both by participant-citizens and by organizations. An important condition for them is involvement in agricultural production and other areas of work of the organization.
A consumer cooperative is a non-profitorganization. The name "agricultural" allows you to invite to the membership of producers of agricultural products, and "consumer" to meet the needs.
There are quite a few varieties of agricultural cooperatives: enterprises that carry out processing, supply or sales functions, agricultural services, lending and others.
Legislative base of housing and construction co-operation is the Civil Code of the Russian Federation (Article 116) and the corresponding section in the Housing Code of the Russian Federation.
The consumer cooperative housing iscooperation of participants (citizens or organizations) on a voluntary basis with a view to solving housing problems, issues of improving the apartment building, and the needs in the premises.
Housing (LCD) and / or construction (HBC) - a consumer cooperative and non-profit organization.
HBCs sell apartments according to the Law "On participation in shared construction of apartment buildings".
Members of this organization can be anypersons, citizens (not less than 5 and not more than the aggregate number of apartments), organizing it and sitting at the first meeting. The consumer LCD obliges participants to pool funds for the maintenance of the house, and the construction one for the erection.
Consumer building cooperativeon the basis of the charter. It contains information on goals and objectives, the procedure for work, the entry of new participants, contributions, mutual responsibility, and the composition of the governing bodies. When joining the LC, it is necessary to study the charter and consult with a lawyer, as well as pay attention to the amount of the contribution, the procedure for paying out the unit, the rights and obligations of the participants.
For non-fulfillment of obligations, that is, a full non-payment of the contribution, the shareholder is excluded from the organization and loses the apartment.
One can not avoid the fact that fraudulent associations also operate among housing mortgage cooperatives, so choosing an organization is very meticulous, taking into account the opinion of a lawyer.
The law that defines the legal framework of the Russian garage cooperative (GIC) has not yet been adopted. Laws on cooperation and non-profit organizations concerning this association do not work.
Leave on the Civil Code of the Russian Federation and the Law "On Cooperation in the USSR", which is still used in practice.
Garage consumer cooperative is a non-profit organization, a member association of citizens to meet the need for garages for transport.
The Constitution of the CCP regulates the main issues of itswork. It identifies sources of capital and contributions, property rights, entry and exit conditions. A group of initiative citizens (except for the preparation of constituent documents) draws up a lease for the site under the garages, submits documentation to the land registration office.
Garage consumer cooperative is registered as a legal entity, is registered with the tax inspection, receives settlement and personal bank accounts of the participants.
When the constituent documents, the cadastral passport and the lease agreement are ready, you can proceed to the registration in the state body. GIC concludes a contract with a construction firm.
The requirements for registration are regulated by the fourth chapter of the Law "On State Registration of Legal Entities".
To create an organization in consumer cooperation have the right at least 5 citizens (not younger than 16 years) and legal entities.
Creation phase | Procedure |
1. Formation of a group of initiative citizens | Idea, social action plan, business plan. Preparation of constituent documents and meetings. |
2. Holding of the constituent assembly | Deciding on the formation of a cooperativeorganization and entry into the union of consumer societies. Approval of the list of shareholders, articles of association and cost estimates of entrance fees. Selection of managing and controlling bodies. Registration of the protocol. |
3. Registration | The application, the certificate of payment of the contribution, the minutes and the documents approved at the meeting are submitted to the registration authority. The cooperative is considered effective from the moment of state registration. |
Benefits | disadvantages |
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A study was conducted of theInternet consumer opinion and employees of consumer cooperation system of Russia (in several major cities and rural areas). As a result, a large number of negative reviews were identified.
So, the population criticizes the district and shopsconsumer cooperation: mainly the culture of communication with customers, assortment, working conditions for sellers. They also talk about high prices (above the market average). Several complaints concern violations of the shop's operating mode.
In many reviews it is noted that the leadership of the local consumer co-operatives "pulls the blanket" on themselves: low wages, lack of employee motivation, exploitation.
Pay attention to the personnel question: there are no young qualified specialists. There is an "aging" of maintenance personnel and management personnel. In the infusion of new personnel, many consumer cooperatives are in desperate need.
Comments with criticism are written about specific software and district law, which can not be said about the entire cooperative consumer system in Russia. There are cooperatives, Raypo and unions that work in good faith.
Many entrepreneurs cooperate with creditcooperatives. Thanks for the opportunity to obtain a term loan for transactions and other commercial needs. They note the rapid processing of documents without red tape.
Bribes people and attentive attitude withthe part of employees, the ability to explain everything in understandable language. Loans are taken for different purposes: to purchase a car, to repair and arrange a home, for training and expensive purchases. They save, for example, on rest. Also, quite often people put money at interest in a consumer credit cooperative.
Reviews about these institutions can be found onofficial websites. Opinions were examined on credit cooperatives, which have an experience of successful work from 10 to 20 years. They are the cause of greater confidence among the population.
In all economic sectors in the Westthere are many cooperative organizations. And much more often they are ruined by joint-stock and private companies. Why does Western cooperation flourish, but survive in Russia?
Obviously, we still have to revise ourattitude to domestic cooperation and change it. Actual goals for the cooperative system should be the development of the manufacturing industry, the creation of new jobs and provision of the population with everything necessary.
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