Garage cooperative: charter, documents, how to issue
The garage cooperative is represented by a certain organization consisting of several participants. Its main purpose is the construction and provision of garages to participants for optimal storage of cars. A cooperative is opened by several persons represented by the initiative group. They are the ones who are involved in numerous organizational processes and registration activities. For all new participants, certain conferences are offered.
Purpose of the organization
At the opening of such an institution, state registration with the Federal Tax Service is compulsory, therefore a legal entity is formed. A construction garage cooperative is usually opened by several citizens living next to each other. They attract other participants for the construction of garages. The features of such an organization include:
- the main goal is the construction of garages, which are then provided to different participants for use;
- each participant has the opportunity to buy out the garage if the share is fully paid;
- the creators of such an organization require entrance and regular contributions from new members;
- all the garages included in the cooperative belong to the owners of the organization from the very beginning, so they take care of the protection, cleaning and repair of structures;
- as soon as the garage is redeemed, the new owner himself has to take care of the protection and cleansing of the territory.
The process of opening a garage cooperative is considered to be fairly simple, but often it becomes difficult to obtain land on which construction is planned. The procedure is divided into several successive stages, each of which has its own nuances.
Formation of the initiative group
The process of opening such an organization begins with the formation of an initiative group. A lot of attention is paid to the participants, because their professionalism, experience and knowledge will determine how quickly and correctly all the documents necessary for opening an organization will be processed.The basic rules for this step include:
- all members of the garage cooperative must trust each other;
- they are usually represented by neighbors at home or district;
- It is required that the initiative group should include people with economic and accounting education, as well as one or several citizens should have experience in making important management decisions;
- such a group is formed during the general meeting of all future members of the institution;
- the group is documented by open voting.
As soon as the initiative group is established, it immediately begins its effective work. For this purpose, it develops a regulation on the basis of which the garage-consumer cooperative will function. An original charter is being formed, for which the main parameters of the company's future activities are taken into account. Signs the decision on the basis of which the opening of such an institution is made.
Development of the charter
This stage is considered important and difficult. It is possible to find on the Internet different sample statutes of similar organizations. The charter of a garage cooperative must take into account the individual characteristics of a particular association.It should contain the most important moments of the functioning of such an organization. When creating this document, the following rules and recommendations are taken into account:
- it shares powers between all participants;
- decides which citizens will be involved in accounting, and who will solve legal issues and prepare documentation for registration and reporting;
- a chairman is selected;
- determined by the citizen, solving numerous organizational issues;
- the statutes list the governing bodies represented not only by the chairman, but also by the meeting of participants;
- prescribes the objectives for the discovery and functioning of such an organization;
- lists the rights and obligations that are granted to all participants;
- at the stage of formation of the charter, a decision is made on what the source of the company's profit is, as well as what funds will be used for the construction of garages;
- Standardly, the main source of profit is the contributions of participants, but it is allowed to attract credit.
Additionally, it is important to state in the charter how the remaining funds will be divided if, for whatever reason, the liquidation of the association is required.
What items are included in the charter?
When opening such a company, the most attention is paid to the charter. It will be carefully studied by employees of the Federal Tax Service, therefore no errors or inaccurate information are allowed in it. The charter of a garage cooperative consists of several points, each with its own purpose and parameters:
- Basic information about the union. Here is the name of the cooperative and its address. All founders represented by natural persons are listed. Since we are forming a legal entity, the company has the right to enter into various transactions and be responsible for their consequences.
- Lists the rights and obligations of the organization, its functions and tasks of functioning. It is stated that since a legal entity is opened, the association may be engaged in the construction of garages, supplying communications and servicing to them. Additionally it is prescribed that the organization can conduct business and receive bank loans.
- Listed property garage cooperative. This part of the documentation indicates which property will be contributed to the organization by all participants.The size of the share contribution of the garage cooperative is calculated, and various mechanisms and tools used in the operation of the company are developed. You can form a cooperative with the help of land or other property, as well as create reserve funds. It indicates not only the amount of payment, but also the possibility of charging a penalty if there is a delay in payment.
- The leadership of the cooperative is determined. It is represented by a meeting of participants, which is considered the main management of the enterprise. The charter is approved by them, the necessary amendments are made, and the amount of contributions is calculated. The annual budget is developed by the meeting and major expenses are determined. Additionally, the government includes the chairman of the garage cooperative, which solves numerous current issues that do not require the adoption of a complex decision of several managers. It takes into account the different expenses and incomes of the cooperative, and also organizes planned activities. An audit commission is also being formed, which is represented by the controlling authority. It includes experts who are not members of the garage cooperative.Such a commission works for a limited amount of time.
- The rules are determined on the basis of which new people can become participants of the enterprise. All rights and obligations that they are endowed with are listed.
- Lists the grounds for excluding a participant from the cooperative. And this includes the lack of monthly fees or improper operation of the transferred garage. Additionally, this includes the intentional damage or destruction of property. The decision to exclude any participant is taken at a general meeting.
- The sixth chapter of the charter lists the rules and procedures for closing a cooperative, if the need arises. The basis for the implementation of this process is the decision of the meeting, the failure of the company or the existence of a relevant court decision.
- The rules of accounting at the enterprise are determined in the charter, and it is also decided what financial statements will be kept. Any participant can get access to the accounting documentation of the garage-building cooperative. Additionally, according to the requirements of the participants, a full report on the operation of the enterprise is formed.An audit should be carried out annually.
It is allowed to add other clauses and information to the charter if it is necessary.
Opening a current account
For the optimal functioning of the enterprise, it becomes necessary to have an open bank account. It is with his help that the company's business activities are carried out. Funds from banks and participants are transferred to it, and income received from the operation of the cooperative is also credited.
One account is opened for the whole association, and there must be separate accounts for each member of the company. Under these conditions, it is convenient to control all contributions.
Certainly the association must be properly registered. How to arrange a garage cooperative? It will be legally and officially functioning only after its registration with the Federal Tax Service. To do this, use the same rules and steps that have to go through any other legal entity.
Documents are transmitted to the Federal Tax Service for registration of a garage cooperative:
- a well-formed charter, and it is transmitted in duplicate;
- Minutes of the meeting, which indicates the decision on the opening of the cooperative participants;
- application form P11001, and if the documentation is transmitted by an attorney, then this application must be notarized;
- receipt confirming payment of the fee.
Typically, difficulties arise with the preparation of the application. It should contain information about all participants in the enterprise. Documents can be submitted not only in paper form when you personally visit the office of the Federal Tax Service, but also electronically. Registration takes no more than 5 days, after which the applicant receives a certificate in his hands.
Selection of land and its lease
For the construction of garages is required to properly arrange for rent land belonging to the municipality. It is on it that the property of the garage cooperative is being built, represented by places for the storage and maintenance of cars.
The land plot is allocated by the local administration, for which it is required to conclude a corresponding lease agreement with it. Two ways can be used for this:
- bidding, on the basis of which the plot is provided to the auction participant who offers the highest rental payment;
- writing a statement to the local administration about the need to obtain a certain land for doing business,and if there are certain rights to this property, then it can be offered without bidding.
The decision to grant land to the garage cooperative is made by the administration within 30 days. To draw up a lease, an institution must prepare registration documents and an application. Drafted lease is registered in Rosreestra. For future construction is made by the participants of the cooperative cadastral passport.
How to privatize the land?
Initially, land is made for long-term lease, and often even indefinite lease is offered. Under such conditions, after the erection of garages, a cooperative can engage in the registration of a territory in the property. Redeemed land on the basis of the provisions of the LC. The cost of such land is determined by the local authorities, but it cannot exceed the cadastral price of this object.
The decision on the privatization of land is made at a meeting of the cooperative, after which it is included in the constituent documentation.
The redemption process may additionally be performed by all participants if they have fully paid their share contribution. To do this, a statement of redemption.How to arrange a garage in the garage cooperative? To do this, it is necessary to transfer documentation for the land and the building to Rosreestr, as well as a certificate confirming the payment of the share contribution. This document acts as title documentation. A decision is made within 30 days, after which the plot is transferred to the ownership of the applicant.
Nuances of the financial activity of the enterprise
Each cooperative is represented by a legal entity; therefore, it has the opportunity to engage in financial activities whose purpose is to obtain a certain profit. Standardly, all members of such an enterprise must make contributions and additional payments, for example, for security and cleaning.
Standard sources of financing of a cooperative are payments:
- share contributions, the amount of which is determined at the general meeting, and they can be represented not only in cash but also with different property, but they are paid by the participants when creating a cooperative;
- introductory entries are made by new participants, and with their help registration and documentation are paid for;
- Membership fees should be transferred by all shareholders depending on their share, since funds are allocated for the remuneration of employees and for various expenses,related to the maintenance of the property;
- targeted transfers can be used for the repair or purchase of various assets;
- Additional fees apply in the presence of various unforeseen situations and costs.
Each participant must draw up a contract with the garage cooperative that contains information about the amount of payments. If there are no transfers within the established deadlines, then this may be the basis for an early termination of the agreement.
Collection of funds and their accounting is carried out by the chairman of the garage cooperative. All expenses are accounted for by the accounting department. Each participant must fully pay shares in the garage cooperative. The rights of the participant are determined by the constituent documents. After the payment of funds, he receives a special certificate, which acts as a title deed for a specific garage. With its help, you can contact the Rosreestr for registration of ownership of the property.
What business activities can be carried out?
Cooperative members can engage in various activities for profit. The most frequently provided services for the repair of machines.Additionally, garages and boxes are rented to other users. The profit received from such activity is distributed among equity holders in an equal amount, after which income tax is calculated from it.
It is important to form an accounting department in such an organization involved in the formation of financial statements and accounting. All employees of the cooperative should receive a salary, which is calculated and charged personal income tax.
If the shareholder decides to leave the cooperative, he may require the transfer of a certain part of the profits earned by the enterprise during the last year.
Such organizations can use the simplified tax calculation system. The accountant must keep separate records of income and expenses.
How is security ensured?
Every person who joins a cooperative can be sure that when his car is in the garage, the optimum protection of his property is ensured. For this you must pay regular contributions to the organization. Therefore, a cooperative should take care of different nuances:
- the rules and requirements of fire safety are observed in the construction and operation of any premises;
- establish reliable security systems;
- hired guards;
- All cooperative members should be familiar with safety regulations.
Additionally, an optimal cleaning of the territory is provided. For such actions of the cooperative, all participants must make periodic contributions.
What functions are performed by the chairman?
The chairman of the garage cooperative is appointed during the general meeting. He is authorized for two years. His important duties include:
- holding a general meeting;
- management of the enterprise;
- drafting and signing contracts with contractors and other companies;
- use of funds of the cooperative.
Standard questions are solved personally by the chairman, therefore there is no need to convene a general meeting regularly. It is usually chosen from among the original participants of the enterprise. If there are violations in the work of this specialist, he may be re-elected by the decision of the general meeting.
Thus, garage cooperatives are considered to be sought-after enterprises, the main purpose of which is the construction and use of garages for their intended purpose.The process is carried out only on land received from the municipality on the basis of drawing up a lease, for which tenders are usually held.
It is important to figure out how to open such a cooperative, as well as what actions can be carried out for profit. Each member of such an enterprise is obliged to make admission and regular contributions. If there are no payments, this is the basis for termination of the agreement.
It is allowed for the shareholder to redeem and issue the property to the garage if all the funds are contributed to them.