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Publication date: 22.05.2024
lawyer, 23 years of experience in enforcement.
Creation of an agricultural cooperative.
According to Art. 1 of the Law of Ukraine "On Agricultural Cooperation", an agricultural cooperative is a legal entity formed by individuals and/or legal entities that are producers of agricultural products and have voluntarily united on the basis of membership and on the basis of self-government to conduct joint economic and other activities with the aim of satisfaction of economic, social and other needs.
An agricultural cooperative is formed by the decision of the constituent assembly of its founders, which cannot be less than 3 persons.
Also, so that there are no problems with the name of the cooperative in the future, before the preparation and notarization of the statutory documents, you should contact the state registrar with an application to reserve the name of the cooperative.
After receiving from the state registrar a certificate on the reservation of the name of the cooperative, it can be entered in the founding documents.
According to Art. 7 of the Law of Ukraine "On Agricultural Cooperation", the name of an agricultural cooperative must contain information about its organizational and legal form - "agricultural cooperative" and a name consisting of its own name and may contain information about the type of activity (production, processing, procurement and sales, supply , service, multifunctional, etc.) of an agricultural cooperative.
In accordance with the provisions of Art. 6 of the Law of Ukraine "On Agricultural Cooperation", the decision of the constituent assembly on the formation of an agricultural cooperative is formalized in a protocol, which must contain information about:
- the date and place of the founding meeting;
- the number of persons who participated in the constituent assembly;
- the formation of an agricultural cooperative with an indication of the type(s) of activity of the agricultural cooperative, as well as on the implementation of activities with the purpose of obtaining profit or without the purpose of obtaining profit;
- name and abbreviated name (if available) of the agricultural cooperative;
- the amount and procedure for making the entry fee and contribution by the founders;
- approval of the charter of the agricultural cooperative or of the cooperative's activities based on the model charter;
- approval of the rules of intra-economic activity of the agricultural cooperative;
- formation (election) of management bodies of the agricultural cooperative in accordance with the approved charter or model charter;
- determination of the person or persons who have the right to represent the agricultural cooperative in the implementation of registration actions.
The minutes of the constituent assembly must be signed by the chairman and the secretary of the constituent assembly.
Also, an integral part of the protocol of the founding meeting of the agricultural cooperative is the register of persons who participated in the founding meeting.
The requirements for drawing up the charter of an agricultural cooperative are contained in Art. 8 of the Law of Ukraine "On Agricultural Cooperation".
The model charters of agricultural cooperatives formed with the purpose of obtaining profit and without such a goal were approved by the Resolution of the CMU "On Approval of Model Charters of Agricultural Cooperatives" dated March 3, 2021 No. 175.
The general list of documents submitted for the registration of a cooperative is given in Part 1 of Art. 17 of the Law of Ukraine "On State Registration of Legal Entities, Individual Entrepreneurs and Public Organizations".
In accordance with the Order of the Ministry of Justice of Ukraine "On updating application forms in the field of state registration of legal entities, natural persons - entrepreneurs and public organizations" dated 19.05.2020 No. 1716/5, new application forms submitted for state registration were approved (started on 01 June 2020). Instead of the former 24 application forms, only 9 have been used since June 1, 2020 - they are grouped mainly by the type of person for whom registration actions are being carried out.
The corresponding application for state registration of the cooperative is called "Form-2".
An agricultural cooperative is subject to state registration in accordance with the procedure established by the Law of Ukraine "On State Registration of Legal Entities, Individual Entrepreneurs and Public Organizations" within 60 days from the day of the founding meeting. If the documents for state registration of an agricultural cooperative are not submitted within 60 days from the day of the founding meeting, such an agricultural cooperative is not considered formed.
Persons authorized to carry out state registration are defined in Art. 6 of the Law of Ukraine "On State Registration of Legal Entities, Individual Entrepreneurs and Public Organizations".
The easiest way is to contact the Administrative Services Center.
The corresponding registration procedure is free, and therefore does not require the payment of an administrative fee. You can also contact a notary for a corresponding paid service.
According to clause 1 part 1 of Article 26 of the Law of Ukraine "On State Registration of Legal Entities, Individual Entrepreneurs and Public Organizations", the deadline for considering documents submitted for state registration and other registration actions regarding cooperatives is 24 hours after receipt of documents.
According to the result of the examination, the registrar carries out registration or refuses to carry it out.
According to the provisions of Art. 25 of the Law of Ukraine "On State Registration of Legal Entities, Individual Entrepreneurs and Public Organizations", in the absence of grounds for stopping the consideration of documents and refusal, state registration is carried out by making an entry in the Unified State Register.
After that, a statement on the provision of administrative services in the field of state registration and founding documents is formed and published on the portal of electronic services.
The grounds for refusal are established by Art. 28 of the Law of Ukraine "On State Registration of Legal Entities, Individual Entrepreneurs and Public Organizations".
The applicant must be notified of the refusal by sending a letter with a mandatory indication of the specific requirements of the law that were violated.
After eliminating the reasons that were the basis for the refusal of state registration, the applicant can submit the documents again.
Clause 10, Part 2, Art. 25 of the Law of Ukraine "On State Registration of Legal Entities, Individuals - Entrepreneurs and Public Organizations" establishes that, at the request of the applicant, he can be provided with an extract from the Unified State Register in paper form based on the results of the registration process.
According to Art. 9 of the Law of Ukraine "On Agricultural Cooperation" for the functioning of an agricultural cooperative, the rules of intra-economic activity of an agricultural cooperative are created, which are an internal normative document that determines the specifics of the implementation of the provisions of the charter of such a cooperative and must contain the following information:
- the procedure for organizing the activities of the agricultural cooperative in accordance with the list of types of its activities determined by the statute;
- forms of participation of the members of the agricultural cooperative in its activities and requirements regarding the documentation of the obligations of the members of the cooperative to the cooperative regarding participation in its economic activities;
- the procedure for determining the size of the additional contribution of each member of the cooperative and its contribution, the size of the total share of the contributions of associated members in the authorized capital of the agricultural cooperative;
- the procedure for determining the size, calculation and distribution of patronage dividends in terms of types of cooperative activity;
- the mechanism of distribution of the financial result (profit) of the agricultural cooperative that remains after the payment of taxes, fees and other mandatory payments provided for by law;
- requirements regarding pricing and financial relations.
The rules of intra-economic activity of an agricultural cooperative may contain other provisions related to the specifics of the activity of such a cooperative, which do not contradict the requirements of legislation and the charter of such a cooperative.
When registering a legal entity, on the day of state registration, the state registrar transfers information from the registration card to the relevant statistical authorities, the State Tax Service, and the Pension Fund of Ukraine for state registration of the legal entity.
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