Convert snt to tsn. TSN instead of SNT? What will change when moving to the new form of the Model Charter of the SNT in the new edition

The legal status of horticultural, vegetable gardening and dacha associations is regulated by Federal Law No. 66-FZ of April 15, 1998 “On horticultural, vegetable gardening and dacha non-profit associations of citizens” (hereinafter referred to as Law No. 66-FZ).

From September 1, 2014, all legal entities, including horticultural, gardening and dacha non-profit associations, are created only in the organizational and legal forms provided for in Chapter. 4 Civil Code of the Russian Federation. At the same time, organizations created earlier must bring their names and constituent documents into compliance with the new requirements when the constituent documents are changed for the first time.

Legal entities, with the exception of business partnerships, act on the basis of charters, which are approved by their founders (participants).

The constituent document (charter), the name of a non-profit organization created before the entry into force of Law No. 99, are subject to being brought into compliance with the norms of Chapter. 4 of the Civil Code of the Russian Federation at the first change in the charter of a gardening or dacha association.

At the same time, changing the name of a non-profit legal entity does not require making changes to the title and other documents containing its previous name.

The old charter of SNT until it is brought into compliance with the norms of Chapter. 4 of the Civil Code of the Russian Federation is valid to the extent that it does not contradict the new norms that came into force on September 1, 2014. Such a charter is valid until a new SNT charter is developed, adopted at a general meeting and registered with the tax authority.

Changes made to the constituent documents of legal entities become effective for third parties from the moment of state registration of the constituent documents, and in cases established by law, from the moment the body carrying out state registration is notified of such changes.

By virtue of Art. 52 of the Civil Code of the Russian Federation, legal entities, with the exception of business partnerships, act on the basis of charters, which are approved by their founders (participants). Consequently, the new charter of SNT, DNT, SPK, DPK, etc. must be approved by members of a gardening or dacha partnership, partnership or.

The new SNT charter must contain information about the name of the legal entity, its location, the procedure for managing the activities of the legal entity, as well as other information provided by law for legal entities of the corresponding organizational and legal form and type.

Article 123.1 of the Civil Code of the Russian Federation establishes the main provisions on non-profit corporate organizations.

Such organizations are recognized as legal entities that do not pursue profit as the main goal of their activities and do not distribute the profits received among participants, the founders (participants) of which acquire the right to participate (membership) in them and form their supreme body in accordance with paragraph 1 of Art. . 65.3 of the Civil Code of the Russian Federation (management in a corporation).

State registration of the new charter of SNT in connection with its bringing into conformity with the norms of the Civil Code of the Russian Federation as amended by Law No. 99-FZ is carried out in the general manner provided for by the Federal Law of 08.08.2001 No. 129-FZ “On State Registration of Legal Entities and Individual Entrepreneurs” ( hereinafter referred to as Law No. 129-FZ), taking into account the rule of paragraph 12 of Art. 3 of Law No. 99-FZ, according to which when registering changes in the constituent documents of legal entities in connection with bringing these documents into compliance with the norms of Chapter 4 of the Civil Code of the Russian Federation (as amended by Law No. 99-FZ) not charged.

In order to bring your charter in accordance with the “new law on SNT”, you need to develop such a charter. It will not be possible to make changes to the old charter of the SNT, since there are now too many such changes in the law on gardeners; it is necessary to create a completely new charter of the gardening association.

The new charter of the SNT or DNT, after it is developed, is submitted for discussion to the general meeting of members of the gardening or dacha association. After discussing the clauses of the charter, the new charter of SNT is put to a vote and adopted on this issue.

After the general meeting of members of a non-profit association makes a decision to adopt a new version of the charter, the minutes of the general meeting together with the charter are submitted for registration to the tax authority.

Assistance from a lawyer in the development of the new Charter of SNT 2019, other legal issues of gardening and summer cottage farming.

25 Primorsky Krai

Publication date: 12/05/2014

Edition: Magazine "Gardens and Vegetable Gardens", No. 6 (54), December 2014 - January 2015
Subject: New organizational and legal forms
Source: http://vladnews.ru

The Union of Gardeners and Gardeners of the Primorsky Territory invited the chairmen of horticultural non-profit partnerships to a meeting with the participation of employees of the Office of the Federal Tax Service for the Primorsky Territory. A topical topic related to changes in civil legislation and concerning associations of summer residents was brought up for discussion.

On September 1 of this year, the federal law of the Russian Federation of May 5, 2014 N 99-FZ “On amendments to Chapter 4 of Part 1 of the Civil Code of the Russian Federation and on the recognition of certain provisions of legislative acts of the Russian Federation as invalid” came into force.

“In this regard, we have many questions,” the chairman of the Union, Anatoly Belyakov, prefaced the meeting. - What is the difference between the new organizational and legal forms: a non-profit horticultural consumer cooperative and a non-profit partnership of real estate owners (TSN)? How will tax reporting change when the current SNTs are reorganized into TSNs and consumer cooperatives? How will changes be made to the constituent documents, charter, Unified State Register of Legal Entities, certificate of state registration, certificate of tax registration? The changes made to the Civil Code of the Russian Federation to some extent contradict the federal law of April 15, 1998 N 66-FZ (as amended on June 23, 2014) “On horticultural, market gardening and dacha non-profit associations of citizens.” Which law will prevail? The situation with opening bank accounts is also concerning. Law No. 66-FZ allowed horticultural non-profit partnerships to do without them. Is she staying now?

Deputy Head of the Legal Department of the Federal Tax Service of Russia for the Pervomaisky District of Vladivostok Larisa Ponomarenko commented:

Changes have been made to Chapter 4 of the Civil Code of the Russian Federation, dedicated to legal entities - their legal capacity, organizational and legal forms, governing bodies, requirements for constituent documents, etc. I would like to emphasize that all innovations relate to legal relations that arise after the entry into force of Law 99-FZ, as well as rights and obligations that appear after its entry into force, although they relate to earlier legal relations.

The changes are also related to the fact that it is now impossible to invent any new form of non-profit organizations - the 99th Law defines a specific (closed) list of them. In particular, Article 50 states that legal entities that are non-profit organizations can be created in such organizational and legal forms as consumer cooperatives (including horticultural, gardening or dacha consumer cooperatives) and real estate owners' partnerships - this is a new form.

Apparently, what worries you most is whether you will have to make changes to the constituent documents, which will require additional costs and hassle. I want to reassure you: there is no need to rush to do this. Bringing into compliance the constituent documents of previously created legal entities in connection with the entry into force of this Federal Law is not required. But even if you want to make changes to the information about the gardening association, no state duty will be charged.

It’s still not clear, what will our current partnerships be called? In the old way or in the new way? - the summer residents asked for clarification.

Senior State Tax Inspector of the Department of Registration and Accounting of Taxpayers of the Office of the Federal Tax Service for the Primorsky Territory Natalya Khakimyanova explained:

If you don’t yet need to change anything (for example, the charter), then the name remains the same. The 99th Law clearly states this: “Constituent documents, as well as the names of legal entities created before the date of entry into force of this Federal Law, are subject to being brought into compliance with the norms of Chapter 4 of the Civil Code of the Russian Federation (as amended by this Federal Law) at the first changing the constituent documents of such legal entities.”

- If the partnership changed its legal address or elected a new chairman, will this be a reason for registering a new organizational and legal form?

Since the address is indicated in the charter, and often the legal address is the place of registration of the chairman, both situations necessitate amendments to the constituent documents. This means that you will need to register a new organizational and legal form of your non-profit organization.

REFERENCE. From Art. 3, clause 8 of Federal Law No. 99-FZ: “Changing the corporate name of a legal entity in connection with bringing the name of the legal entity into compliance with the norms of Chapter 4 of the Civil Code of the Russian Federation (as amended by this Federal Law) does not require amendments to the legal and other documents containing his former company name. The constituent documents of these legal entities, until they are brought into compliance with the norms of Chapter 4 of the Civil Code of the Russian Federation (as amended by this Federal Law), are valid to the extent that they do not contradict these norms.”

Now about the differences between a horticultural consumer cooperative and a real estate owners' association. According to the wording introduced by the new law into the Civil Code of the Russian Federation, members of a partnership unite for joint ownership, use and disposal of property that is in their common ownership or common use, and a consumer cooperative is based on the pooling of property shares by its members. Another difference: the partnership of real estate owners is not responsible for the obligations of its members, and they do not meet the obligations of TSN; members of the consumer cooperative are obliged to cover its losses by making additional contributions.

- What is the difference between taxation of these two organizational and legal forms?

Almost nothing. To date, there are no changes to tax reporting. Even if you decide to transform your partnership and register a new organizational and legal form, nothing will change for you either.

Taxation depends on your financial and economic activities. If you do not conduct any commercial activities, then submit zero reports. There are partnerships that, for example, rent out real estate - so they pay income tax and VAT. Or if they have a plot of land, then they pay land tax.

As for the discrepancies that have arisen between the Civil Code of the Russian Federation and Federal Law N 66-FZ “On gardening, gardening and dacha non-profit associations of citizens”, which you spoke about, then, as practice shows, changes will be made to the latter in order to bring it into line with Civil Code.

Many questions at the meeting were related to the fact that SNT are forced to open bank accounts just to pay taxes or state duties. The following examples were given: the tax on public land, due to which the account was opened, is 470 rubles, and for its maintenance the bank has to pay 8 thousand a year; state duty is 200 rubles, and bank services are 1,500 rubles.

Tax officials commented on this as follows:

The provisions of the Tax Code of the Russian Federation (Article 45) indicate that the taxpayer (in this case SNT) must independently fulfill the obligation to pay taxes.

By virtue of paragraphs. 1, paragraph 3 of this article of the Code, the obligation to pay tax is considered fulfilled by the taxpayer from the moment of presentation to the bank of an order to transfer funds from the taxpayer’s bank account to the appropriate Federal Treasury account if there is a sufficient cash balance on it on the day of payment.

As part of banking operations, it is allowed to transfer funds without opening bank accounts only on behalf of individuals. In this case, settlements on behalf of legal entities are carried out through their bank accounts.

In accordance with the Regulation of the Bank of Russia dated April 1, 2003 No. 222-P “On the procedure for making non-cash payments by individuals in the Russian Federation,” cash in payment of tax payments is accepted by credit institutions only from individuals.

Thus, the legislation of the Russian Federation on taxes and fees and the banking legislation of the Russian Federation do not provide for the payment by organizations of mandatory payments, including taxes, in cash.

The Constitutional Court of the Russian Federation, in Ruling No. 41-O dated January 22, 2004, noted that in order to properly fulfill the obligation to pay tax, the taxpayer is obliged to independently, that is, on his own behalf and at his own expense, pay the appropriate amount of tax to the budget. At the same time, it is important that from the submitted payment documents it can be clearly established that the corresponding amount of tax was paid by this taxpayer and precisely at the expense of his own funds.

Article 78 of the Tax Code regulates the procedure for offsetting amounts of overpaid taxes.

If the SNT land tax has not been properly paid, the amount of this tax paid by an individual is not subject to offset against arrears and debt on penalties incurred by the SNT.

Compare: real estate owners' association and consumer cooperative

From the Federal Law of the Russian Federation of May 5, 2014 N 99-FZ “On amendments to Chapter 4 of Part 1 of the Civil Code of the Russian Federation and on the recognition as invalid of certain provisions of legislative acts of the Russian Federation.”

Article 12312. Basic provisions on the partnership of real estate owners

1. A partnership of real estate owners is recognized as a voluntary association of owners of real estate (premises in a building, including an apartment building, or in several buildings, residential buildings, country houses, gardening, gardening or summer cottage land plots, etc.), created by them for joint ownership, use and, within the limits established by law, disposal of property (things) that, by force of law, are in their common ownership and (or) in common use, as well as to achieve other goals provided for by law.

2. The charter of a partnership of real estate owners must contain information about its name, including the words “association of real estate owners,” its location, the subject and purpose of its activities, the composition and competence of the bodies of the partnership and the procedure for their decision-making, including issues decisions on which are made unanimously or by a qualified majority of votes, as well as other information provided by law.

3. The association of real estate owners is not liable for the obligations of its members. Members of a real estate owners' association are not liable for its obligations.

4. By decision of its members, a real estate owners' association may be transformed into a consumer cooperative.

Article 12313. Property of a real estate owners’ association

1. The association of real estate owners is the owner of its property.

2. Common property in an apartment building, as well as common objects in horticultural, gardening and dacha non-profit partnerships belong to the members of the corresponding partnership of real estate owners on the right of common shared ownership, unless otherwise provided by law. The composition of such property and the procedure for determining shares in the right of common ownership of it are established by law.

3. The share in the right of common ownership of common property in an apartment building of the owner of premises in this building, as well as the share in the right of common ownership of objects of common use in a gardening, gardening or dacha non-profit partnership of the owner of a land plot - a member of such a non-profit partnership, follows the fate of the ownership to the specified premises or land plot.

Article 12314. Features of management in a partnership of real estate owners

1. The exclusive competence of the supreme body of the partnership of real estate owners, along with the issues specified in paragraph 2 of Article 653 of this Code, also includes making decisions on establishing the amount of mandatory payments and contributions of members of the partnership.

2. In a partnership of real estate owners, a sole executive body (chairman) and a permanent collegial executive body (board) are created.

By decision of the supreme body of the partnership of real estate owners (clause 1 of Article 653), the powers of the permanent bodies of the partnership may be terminated early in cases of gross violation of their duties, a revealed inability to properly conduct business, or in the presence of other serious grounds.

Article 123.2. Basic provisions on the consumer cooperative

1. A consumer cooperative is recognized as a voluntary association of citizens or citizens and legal entities based on membership in order to satisfy their material and other needs, carried out by combining property share contributions by its members.

2. The charter of a consumer cooperative must contain information about the name and location of the cooperative, the subject and purpose of its activities, conditions on the amount of share contributions of members of the cooperative, the composition and procedure for making share contributions by members of the cooperative and their responsibility for violating the obligation to make share contributions, about the composition and competence of the cooperative’s bodies and the procedure for their decision-making, including on issues on which decisions are made unanimously or by a qualified majority of votes, and the procedure for covering losses incurred by members of the cooperative.

The name of a consumer cooperative must contain an indication of the main purpose of its activities, as well as the word “cooperative”. The name of the mutual insurance company must contain the words “consumer society”.

3. By decision of its members, a consumer cooperative can be transformed into a public organization, association (union), autonomous non-profit organization or foundation. A housing or housing construction cooperative, by decision of its members, can only be transformed into a partnership of real estate owners.

Article 123.3. Obligation of members of a consumer cooperative to make additional contributions

1. Within three months after approval of the annual balance sheet, members of the consumer cooperative are obliged to cover the resulting losses by making additional contributions. If this obligation is not fulfilled, the cooperative may be liquidated in court at the request of creditors.

2. Members of a consumer cooperative jointly and severally bear subsidiary liability for its obligations within the limits of the unpaid portion of the additional contribution of each member of the cooperative.

In this article we will talk about how the DNP will exist in 2019, whether changes will need to be made to the charter of the DNP, and whether the DNP will need to be re-registered as a TSN, association or union. Also below in the text you will find the price for services for re-registration of DNP by our lawyers.

Since 2019, Federal Law No. 217-FZ of July 29, 2017 “On the conduct of gardening and vegetable gardening by citizens for their own needs and on amendments to certain legislative acts of the Russian Federation” (hereinafter referred to as – ). This law applies to all legal entities that operated within the framework of the Federal Law of April 15, 1998 No. 66-FZ. Such legal entities include DNP.

With the entry into force of the new law, the charters of the DPP will be outdated and will need to be brought into compliance with current legislation. The DNP form was canceled on September 1, 2014 by Federal Law No. 99-FZ dated May 5, 2014 “On amendments to Chapter 4 of Part One of the Civil Code of the Russian Federation and on the recognition as invalid of certain provisions of legislative acts of the Russian Federation,” which established that legal entities are created in the organizational and legal forms that are provided for them by Chapter 4 of the Civil Code of the Russian Federation (hereinafter referred to as the “Civil Code of the Russian Federation”). In Chapter 4 of the Civil Code of the Russian Federation there is no longer such an organizational and legal form of a legal entity as DNP. Dacha non-profit partnerships are subject to reorganization or re-registration, but into what?

RE-REGISTRATION OF DNP IN TSN

In our work, we often encounter clients’ desire to re-register DNP in TSN. However, this is impossible to do due to existing legislation.

Re-registration means a change in the form of a legal entity due to direct instructions of the law. At the same time, an important difference from reorganization is that the re-registered legal entity remains the same details (OGRN, INN, KPP), in essence, the form is simply renamed and changes are made to the charter.

As established in Part 7 of Art. 3 of the Federal Law of 05.05.2014 No. 99-FZ “On amendments to Chapter 4 of Part One of the Civil Code of the Russian Federation and on the recognition as invalid of certain provisions of legislative acts of the Russian Federation”, constituent documents, as well as names of legal entities created before the entry into force of this Federal Law are subject to being brought into compliance with the norms of Chapter 4 of the Civil Code of the Russian Federation upon the first change of constituent documents such legal entities.

At the same time, the rules on associations (unions) (Articles 123.8 - 123.11 of the Civil Code of the Russian Federation) are applied to dacha non-profit partnerships created before the date of its entry into force.

In accordance with Art. 50 of the Civil Code of the Russian Federation, non-profit partnerships by their type belong to associations (unions), and not to partnerships of real estate owners. It is currently impossible to re-register DNP in TSN by force of law.

It is impossible to re-register a joint stock company as a religious organization. You cannot turn TSN into an LLC, you cannot re-register a political party into a consumer cooperative. In the same way, DNP cannot be made into TSN; partnerships can only be re-registered as associations or unions.

WHAT IS AN ASSOCIATION OR UNION? WHAT WILL DPP MEMBERS NEED TO CHANGE?

An association or union is also a non-profit organization that aims to protect the common interests of its members and achieve socially beneficial goals.

The law does not establish a fundamental distinction between the concepts of “association” and “union”. Moreover, they are indicated everywhere as synonyms: “association (union)”.

In practice, the determining factor in choosing a word to indicate in the organizational and legal form is the sign of “community” for the association (for example: “Association of Lawyers of Russia”, “Association “Dacha Non-Profit Partnership “Romashka”)”.

And for a union, the sign of “territoriality” is of decisive importance in choosing a word to indicate in the organizational and legal form.

In order to re-register the DPP as an association or union, the members of the DPP will need to approve at the general meeting of the partnership members a new charter, drawn up in accordance with current legislation and containing a new name. After this, form P13001 is certified by a notary, and a set of necessary documents is submitted to the registration authority.

When re-registering a DNP into an association or union no state fee is charged(Part 12 of Article 3 of the Federal Law of May 5, 2014 No. 99-FZ “On amendments to Chapter 4 of Part One of the Civil Code of the Russian Federation and on the recognition as invalid of certain provisions of legislative acts of the Russian Federation”).

LEGAL SERVICES FOR RE-REGISTRATION OF DNP

The cost of re-registration of a non-profit organization into an association or union is 22,000 rubles.

This price includes the following services:

preparation of a written consultation on the procedure for re-registration of a non-profit organization into an association (union);
oral consultations on related issues and consultations by e-mail;
drawing up a draft agenda for the general meeting;
preparation of an act on the placement of notifications of members of the DPP about the meeting;
preparing the ballot form for voting at the meeting;
preparation of a new edition of the Charter of the Association (union);
preparing a cover letter for changes to the charter;
development of the form of the counting commission protocol;
drawing up minutes of the general meeting of partnership members;
preparation of all attachments to the minutes of the general meeting;
filling out form P13001 to change the name and register a new charter;
Consulting on the procedure to be followed by a notary and the registration authority.

Approved by decision of the general meeting

members of SNT "Zodiac"

executed by protocol No. ___

from "___"______ 2018

CHARTER

PARTNERSHIP

REAL ESTATE OWNERS

"Zodiac"

(TSN “Zodiac”)

Moscow region, Sergiev Posad district 2018

1. General provisions

1.1. "Zodiac", hereinafter referred to as the "Partnership", registered04.04.1989city, registration number 254 with subsequent registration as a legal entity 03/15/2003 , main state registration number (OGRN) 1035008364808.

1.2. The partnership was created in accordance with the Civil Code of the Russian Federation and the Federal Law of April 15, 1998 No. 66-FZ “On Gardening, Horticultural and Dacha Non-Profit Associations of Citizens” with all amendments and additions, other laws and other regulatory legal acts of the Russian Federation and the Moscow region.

1.3. Organizational and legal form – partnership of real estate owners.

1.4. Full official name of the Partnership: “Zodiac”.

1.5. Abbreviated name of the Partnership: TSN “Zodiac”.

Location of the Partnership: 140152 , Moscow region, Sergiev Posad district, Sergiv Posad, Ivashkovo village.

Location of the permanent collegial executive body of the Partnership: 140152, Moscow region, Sergiev Posad district, Sergiv Posad, Ivashkovo village, TSN “Zodiac”.

1.6. The territory of TSN “Zodiac” gardening includes public land plots and individual land plots.

1.7. A land plot with cadastral number ________________________ for general use is jointly owned by the members of the Partnership. In accordance with the norms of civil legislation of the Russian Federation and the norms of the Federal Law of July 29, 2017 No. 217-FZ, the disposal of common property is carried out with the consent of all owners, while the owner (member of the Partnership) does not have the right to make an allocation in kind, to alienate his share in the right of common property on common property, as well as perform other actions entailing the separate transfer of a share in the right of common ownership.

1.8. The Partnership is a non-profit organization that does not pursue profit as the main goal of its activities. Based on membership and uniting owners (right holders) of real estate (land plots, residential buildings, garden houses, etc.) within the boundaries of the gardening territory, it operates in accordance with the Constitution of the Russian Federation, the Civil Code of the Russian Federation, the Federal Law of July 29. 2017 No. 217 “On the conduct by citizens of gardening and vegetable gardening for their own needs” by other regulatory legal acts of the Russian Federation, regulatory legal acts of the Moscow region, regulatory legal acts of local government bodies and this Charter, and decisions of the management bodies of the Partnership.

1.9. The Partnership is not liable for the obligations of the members of the Partnership, and the members of the Partnership are not liable for the obligations of the Partnership.

2. Subject and goals of the Partnership’s activities

2.1. The Partnership was created to achieve the following goals:

2.1.1 Creation of favorable conditions for citizens to carry out gardening and vegetable gardening (providing thermal and electrical energy, water, gas, drainage, management of solid municipal waste, improvement and protection of the gardening or truck farming territory, ensuring fire safety of the gardening or truck farming territory and other conditions) ;

2.1.2. assistance to citizens in the development of land plots within the boundaries of the horticulture or truck farming area;

2.1.3. assistance to members of the partnership in interaction with each other and with third parties, including with state authorities and local governments, as well as the protection of their rights and legitimate interests.

2.2. To achieve the goals provided for by this charter, the Partnership has the right to engage in economic activities.

2.3. The subject of the Partnership's activities is the joint creation, acquisition, maintenance, use of property intended for general use by the right holders of land plots located on the territory of the partnership, management and disposal of it within the limits established by law.

2.4. The main activity of the Partnership is: Management of the operation of non-residential assets for a fee or on a contractual basis.

2.5 The Partnership may carry out other types of activities that are not prohibited by the legislation of the Russian Federation and correspond to the goals of the Partnership.

2.6. The partnership has the right to carry out business activities consistent with the goals for which it was created. Income from the economic activities of the Partnership is used for the purposes of the Partnership's activities provided for by this charter in accordance with the decision of the general meeting of members.

3. Rights and obligations of the Partnership

3.1. The partnership, in accordance with civil law, has the right to carry out actions necessary to achieve the goals for which it was created:

3.1.1. Acquire property and non-property rights on your own behalf.

3.1.2. Attract borrowed funds.

3.1.3. Conclude contracts.

3.1.4. Use loans provided by banks in the manner and under the conditions provided for by law.

3.2. In cases where this does not violate the rights and legitimate interests of property owners and owners, the Partnership also has the right to:

3.2.1. Provide for use or limited use of part of the common property.

3.2.2. In accordance with the requirements of the law, modernize or reconstruct part of the common property in the prescribed manner.

3.2.3. Conclude transactions and perform other actions consistent with the goals and objectives of the Partnership within the framework of the current legislation of the Russian Federation.

3.2.4. Insure property and common property objects managed or owned by the Partnership.

3.3. In case of failure of the right holders of land plots in the territory of gardening to fulfill their obligations to participate in general expenses, the Partnership has the right to legally demand payment of mandatory payments and contributions established by the general meeting of members of the Partnership.

3.4. The partnership is obliged:

3.4.1. Manage common property.

3.4.2. Ensure compliance with the rights and legitimate interests of property owners when establishing the conditions and procedure for the ownership, use and disposal of common property.

3.4.3. Represent the legitimate interests of property owners related to the management of common property, including in relations with third parties.

3.4.4. Be responsible for your obligations with your property.

4. Source of formation of funds and property of the Partnership.

4.1. The partnership, being a legal entity, may own and lease: land plots, buildings, structures, housing stock, transport, equipment, inventory, property for cultural, educational and recreational purposes, cash and other property necessary for material support of activities of the Partnership specified in this charter.

4.2. The property of the Partnership may consist of:

4.2.1. Property that is the joint property of its members.

4.2.2. Property that is the joint property of the owners of land plots located within the boundaries of the Partnership’s gardening activities.

4.2.3. Property owned by the Partnership as a legal entity.

4.2.4. Property leased by the Partnership as a legal entity.

4.3. Common property acquired or created by the Partnership through contributions from members of the Partnership is the joint property of its members.

4.4. The sources of formation and maintenance of the Partnership's property in cash are contributions from members of the Partnership and payments from persons engaged in gardening without participation in the partnership.

4.5. Contributions – funds contributed by members of the Partnership to the settlement account of the Partnership for the purposes and in the manner determined by the charter, decisions of general meetings of members and current legislation.

4.5.1. Membership fees are established by a decision of the general meeting of members of the Partnership and can be used exclusively for expenses related to:

1) with the maintenance of the partnership’s common property, including the payment of rental payments for this property;

2) with the implementation of settlements with organizations supplying heat and electricity, water, gas, and sanitation on the basis of agreements concluded with these organizations;

3) with the implementation of settlements with the operator for the management of municipal solid waste, the regional operator for the management of municipal solid waste on the basis of agreements concluded by the partnership with these organizations;

4) with the improvement of general purpose land plots;

5) with the protection of the territory of gardening or truck farming and ensuring fire safety within the boundaries of such territory;

6) with conducting audits of the partnership;

7) with the payment of wages to persons with whom the partnership has concluded employment contracts;

8) with payment for services and work to persons with whom civil contracts have been concluded;

9) with the organization and holding of general meetings of members of the partnership, the implementation of the decisions of these meetings;

10) with the payment of taxes and fees related to the activities of the partnership, in accordance with the legislation on taxes and fees.

4.5.2. Target contributions are established by a decision of the general meeting of members of the Partnership and can be directed to expenses exclusively related to:

1) with the creation or acquisition of common use property necessary for the activities of the partnership;

2) with modernization, reconstruction and repair of public property;

3) with the implementation of other measures provided for by the decision of the general meeting of members of the partnership.

4.5.3. Payments by persons engaged in gardening without participation in the partnership - payment for the acquisition, creation, maintenance of common property, current and major repairs of capital construction projects related to common property and located within the boundaries of the gardening territory, for the services and work of the partnership in managing such property deposited into the current account of the Partnership.

4.6. The total annual fee for persons engaged in gardening without participation in the partnership is equal to the total annual amount of target and membership fees for a member of the partnership, calculated in accordance with the charter of the partnership, decisions of general meetings of members and current legislation.

4.7. The amount of contributions is determined on the basis of the partnership's income and expense budget and financial and economic feasibility study, approved by the general meeting of the partnership's members.

4.8. The income and expense estimate is prepared for the financial year (for the period from January to December).

4.9. The financial and economic justification for the amount of contributions is approved by a decision of the general meeting of members of the Partnership and serves to determine the amount of contributions, depending on the area of land plots of the copyright holders and/or the number of land plots owned by the copyright holder, taking into account possible planned revenues.

4.10. Targeted contributions are madeto the current account of the partnership in the manner, amount and within the time frame approved by the decision of the general meeting of members of the Partnership.

4.11. Membership fees are paid to the current account of the partnership before December 31 of the year for which they are established by a decision of the general meeting of members.

4.12. The funds of the Partnership are kept in the bank account of the Partnership, with the exception of amounts issued on account to the employees of the Partnership.

4.13. The Partnership carries out settlements for its obligations by bank transfer.

4.14. The Partnership manages the funds of the Partnership located in the bank account in accordance with the approved income and expenditure estimates of the Partnership.

4.15. In case of late or incomplete payment of contributions, establish a penalty for the delay in payment in the amount of ____% of the amount of the unpaid contribution for each day of delay in payment.

4.16. The presence/absence of membership in the Partnership, non-use by the owner of the land plot and the real estate belonging to him, refusal to use common property are not grounds for exemption, in whole or in part, from participation in the general costs of maintaining and repairing common property.

4.17. In case of non-payment of fees and charges for more thanthan two monthsfrom the moment the obligation to pay the corresponding payment or contribution arises, the Partnership has the right to go to court to collect debts on payment of contributions from members of the Partnership and fees from citizens (right holders, owners of land plots located within the boundaries of the gardening territory) conducting gardening on land plots, located within the boundaries of the gardening territory without participation in the Partnership, in court.

4.18. Based on the decision of the general meeting of members of the Partnership, income from the economic activities of the Partnership is used to pay the costs of maintaining common property.

4.19. Between the Partnership and PJSC Mosenergosbyt, in the interests of the members of the Partnership, an energy supply agreement No. _______________ dated __________________ was concluded. Individual accounting devices for owners of land plots must be installed on supports (pillars) on the border of the balance sheet between the Partnership and the owner of the garden land plot, on the border of the owner’s land plot, or together closest to the border of the land plot.

4.20. Owners of land plots are obliged to fulfill their obligations to pay part of the cost of electrical energy consumed when using infrastructure facilities and other public property of the Partnership, and part of the losses of electrical energy that occurred in the electrical grid facilities owned by the Partnership.

4.22. Payment for consumed electricity is made by the owners of land plots located on the territory of the partnership to the settlement account of the Partnership no later than the 10th day of the month following the settlement one at the tariff established by the Committee on Prices and Tariffs of the Moscow Region on the date of payment.

4.23. The amount of payment for consumed electricity is determined based on instrument readings accounting, owners of TSN land plots independently make payments for the actually consumed electricity on a monthly basis on the 25th of the current month. Once a quarter the Management Board conducts a reconciliation.

4.24. Payment for consumed electricity is not included in the membership fee and is paid by the consumer for the actual electricity consumed.

4.25. If the testimony is not submitted for more than 3 months in a row, the Partnership has the right to collect the debt according to the electricity consumption standard applied in the Moscow region.

5. Membership in the Partnership.

5.1. Acceptance as a member of the partnership is carried out on the basis of an application from the owner of a garden or vegetable plot of land located within the boundaries of the gardening or vegetable gardening territory, which is submitted to the board of the partnership for submission to the general meeting of members of the partnership.

5.2. Membership in the partnership arises from the date of the relevant decision by the general meeting of members of the Partnership.

5.3. The application for admission to membership of the Partnership must indicate:

1) last name, first name, patronymic (last - if available) of the applicant;

2) address of the applicant’s place of residence;

3) postal address at which the applicant can receive postal messages, except for cases where such messages can be received at the address of residence;

4) email address at which the applicant can receive electronic messages (if available);

5) the applicant’s consent to comply with the requirements of the partnership’s charter;

6) consent to the processing of personal data.

5.4. Attached to the application are copies of documents on the rights to a garden plot of land located within the boundaries of the gardening or market gardening territory and buildings on it.

5.5. A member of the Partnership is obliged to provide the Board of the Partnership with reliable personal data and promptly inform the Board of the Partnership of their changes within 10 calendar days.

5.6. The Partnership is not responsible for the consequences of failure by a member of the Partnership to receive legally significant messages, including the date of the general meeting of members of the Partnership, provided that the member of the Partnership fails to timely provide information about his permanent location, different from the information contained in the register of members of the Partnership.

5.7. The acquisition of membership of the partnership must be refused if the person applying for membership:

1) was previously expelled from the membership of this partnership in connection with a violation of the obligation to timely pay contributions and did not eliminate the specified violation;

2) is not the owner of a land plot located within the boundaries of the gardening or vegetable farming territory;

3) did not submit the documents provided for in clause 5.4. this charter;

4) submitted an application that does not meet the requirements provided for in clause 5.3. of this charter.

5.8. Each member of the partnership, within three months from the date of admission to membership in the partnership, is given an extract from the minutes of the general meeting of members on admission to membership by the chairman of the partnership.

5.9. Membership in the Partnership is terminated:

5.9.1. From the date of termination of rights to the land plot.

5.9.2. From the date of filing an application in writing to the legal address of the partnership to withdraw from the membership of the Partnership.

5.9.3. From the date of death of a citizen who was a member of the Partnership.

5.9.4. From the date established by the general meeting of members of the Partnership by decision to exclude a citizen from membership due to non-payment of contributions.

5.9.5. From the date of liquidation of the Partnership as a legal entity.

5.9.6. A member of the Partnership may be expelled from the Partnership in case of delay in payment of contributions and payments approved by the general meeting, in full or in partfor more than 2 months.

5.9.7. Termination of membership in the Partnership (both voluntary and by decision of the general meeting of members of the Partnership), including in connection with the alienation of a land plot located on the territory of the Partnership, does not exempt from the fulfillment of civil obligations to the Partnership and obligations to pay contributions and payments. arising before the termination of membership, alienation of the land plot.

6. Rights, duties and responsibilities of members of the Partnership.

6.1. A member of the Partnership has the right:

6.1.1. Elect and be elected to the management bodies of the Partnership;

6.1.2. Participate in the management of the affairs of the partnership;

6.1.3. Voluntarily terminate membership in the partnership;

6.1.4. Appeal decisions of the partnership bodies that entail civil consequences, in cases and in the manner provided for by current legislation;

6.1.5. Submit applications (appeals, complaints) to the bodies of the partnership in the manner established by this Federal Law and the charter of the partnership.

6.1.6. Make voluntary contributions or payments at any time.

6.1.7. Exercise other rights provided for by this charter.

6.1.8. To get acquainted and, upon application, to receive, for a fee, the amount of which is established by a decision of the general meeting of members of the partnership, copies of the following documents certified by the seal of the partnership and the signature of the chairman of the board:

6) financial and economic justification for the amount of contributions.

6.2. A member of the Partnership is obliged to:

6.2.1. Not to violate the rights of other members of the partnership and persons engaged in gardening or truck farming on land plots located within the boundaries of the gardening or truck farming territory, without participating in the partnership;

6.2.2. Execute decisions made by the chairman of the partnership and the board of the partnership, within the framework of the powers established by current legislation or assigned to them by the general meeting of members of the partnership;

6.2.3. Bear responsibility for violation of obligations to participate in the management of the Partnership, to make mandatory payments and other contributions.

6.2.4. Timely make mandatory payments, contributions and utility bills in the amounts established by the decisions of the general meeting of members of the Partnership, the estimate of income and expenses of the Partnership.

6.2.5. Comply with other obligations related to the implementation of activities within the boundaries of the gardening or truck farming territory established by the current legislation and the charter of the partnership.

7. Management bodies of the Partnership

7.1. The general meeting of members of the Partnership is the supreme governing body of the Partnership.

7.2. The Board of the Partnership is the permanent collegial executive body of the Partnership.

7.3. The Chairman of the Partnership is the sole executive body of the Partnership.

7.4. For the purposes provided for by the charter of the partnership, an audit commission must be formed.

7.5. The chairman of the partnership, members of the board of the partnership, and the audit commission are elected at the general meeting of members of the partnership for 5 years by secret or open voting. The decision on the voting procedure (secret or open) is made by the general meeting of members of the partnership by a simple majority of votes of the total number of members of the partnership present at such meeting.

7.6. Persons elected to the executive bodies of the partnership continue to exercise their powers until new executive bodies of the partnership are elected.

7.7. Decisions of the partnership bodies adopted within the competence of such bodies are binding on all members of the partnership.

8. General meeting of members of the partnership

8.1. The following issues fall within the exclusive competence of the general meeting of members of the Partnership:

8.1.1. Changing the Charter of the Partnership.

8.1.2. Election of the management bodies of the Partnership (chairman, members of the board), audit commission, early termination of their powers.

8.1.3. Determination of the conditions under which remuneration is made for the chairman of the Partnership, members of the Board of the Partnership, members of the audit commission, as well as other persons with whom the Partnership has concluded employment contracts.

8.1.4. Making a decision on the acquisition by the Partnership of land plots that are in state or municipal ownership, on taking the necessary actions for the acquisition of these land plots.

8.1.5. Making a decision on the creation (construction, reconstruction) or acquisition of public property, including public land plots, and on the procedure for its use.

8.1.6. Making a decision on the transfer of public real estate into the common shared ownership of the owners of land plots located within the boundaries of the territory of gardening or truck farming, into the state ownership of a constituent entity of the Russian Federation or into the ownership of a municipal entity within the boundaries of which the territory of gardening or truck farming is located.

8.1.7. Admission of citizens to members of the Partnership, exclusion of citizens from among the members of the Partnership, determination of the procedure for considering applications from citizens for admission to membership of the Partnership.

8.1.8. Making a decision on opening or closing bank accounts of the Partnership.

8.1.9. Approval of reports of the Audit Commission.

8.1.10. Approval of the regulations on remuneration of employees and members of the Partnership’s bodies, members of the Audit Commission who have entered into employment contracts with the Partnership (or civil contracts, in cases determined by current legislation).

8.1.11. Making decisions on creating associations (unions) of partnerships, joining or leaving them.

8.1.12. Concluding an agreement with an audit organization or individual auditor of the Partnership.

8.1.13. Approval of the procedure for conducting the general meeting of members of the Partnership, the activities of the chairman and board of the Partnership, the activities of the Audit Commission of the Partnership.

8.1.14. Consideration of complaints from members of the Partnership about decisions and actions (inaction) of members of the board, chairman, and audit commission of the Partnership.

8.1.15. Approval of the Partnership's income and expense estimate and adoption of a decision on its implementation.

8.1.16. Approval of reports of the Board of the Partnership, reports of the Chairman of the Partnership.

8.1.17. Determining the procedure for consideration by the bodies of the Partnership of applications (appeals, complaints) of members of the Partnership.

8.1.18. Making a decision on electing the chairman at the general meeting of members of the Partnership.

8.1.19. Determination of the amount and deadline for making contributions, the procedure for spending targeted contributions, as well as the amount and deadline for making the fee provided for in Part 3 of Article 5 of Law No. 217-FZ.

8.1.20. Approval of the financial and economic justification for the amount of contributions and fees provided for in Part 3 of Article 5 of Federal Law No. 217-FZ.

8.1.21. Making decisions on the reorganization and liquidation of the Partnership, on the appointment of a liquidation commission (liquidator) and on the approval of the interim liquidation balance sheet and liquidation balance sheet.

8.2. The General Meeting of Members of the Partnership has the right to consider any issues of the activities of the Partnership and make decisions on them, including:

8.2.1. Approval of the amount of fees collected from land owners when providing them with copies of documents provided for in Part 3 of Article 11 of Law No. 217-FZ:

1) the charter of the Partnership as amended, a document confirming the fact of making an entry in the unified state register of legal entities;

2) accounting (financial) statements of the Partnership, income and expense estimates of the Partnership, reports on the implementation of such estimates, audit reports (in the case of audits);

3) conclusions of the audit commission of the Partnership;

4) documents confirming the Partnership’s rights to property reflected on its balance sheet;

5) minutes of the meeting on the establishment of the Partnership, minutes of general meetings of members of the Partnership, meetings of the board of the Partnership and the audit commission of the Partnership;

8.3. The decision of the general meeting is considered adopted if

8.3.1. On the issues specified in paragraphs 1 - 3, 10, 17, 23 of part 1 of Article 17 of Federal Law No. 217, decisions of the general meeting of members of the partnership are made by a qualified majority of at least two-thirds of the votes of the total number of members of the partnership present at the general meeting.

8.3.2. On the issues specified in paragraphs 4 - 6, 21 - 22 of part 1 of Article 17 of Federal Law No. 217, decisions of the general meeting of members of the partnership are adopted by a qualified majority of at least two-thirds of the votes of the total number of members of the partnership present at the general meeting, taking into account the voting results of land rights holders located on the territory of the Partnership, conducting economic activities individually, voting on these issues in the manner established by Federal Law No. 217.

8.3.3. On other issues specified in Part 1 of Article 17 of Federal Law No. 217, decisions of the general meeting of members of the partnership are adopted by a majority vote of the total number of members of the partnership present at the general meeting.

8.4. The general meeting of members of the Partnership is convened by the board of the Partnership as necessary, but not less than 2 times a year.

8.5. An extraordinary general meeting of members of the Partnership is held at the request of the board of the Partnership, the Audit Commission, members of the Partnership in the amount of more than one fifth of the members of the Partnership, as well as at the request of the local government body at the location of the horticulture or truck farming area.

8.6. The request to convene an extraordinary general meeting from members in the amount of more than one fifth of the number of members or from the Audit Commission is handed personally to the chairman of the partnership or sent by registered mail with a return receipt requested to the chairman of the partnership or to the board of the partnership at the location of the partnership. It must contain proposals for the agenda of the meeting, indicating the speakers on all issues from among the members of the Partnership from whom this requirement comes. In case of filing a request to hold an extraordinary general meeting, coming from at least one fifth of the members of the Partnership, a list compiled in any form and containing mandatory items must be attached to the request: land plot number, surnames, first names and patronymics (the latter - if available ) members of the Partnership, contact information (phone number or email address), signatures of members of the Partnership.

8.7. The Board of the Partnership is obliged, within 30 days from the date of receipt of the proposal of the local government body or at least one third of the total number of members of the Partnership or the requirement of the Audit Commission of the Partnership to hold an extraordinary general meeting of members of the Partnership, to consider the specified proposal or requirement and make a decision to hold an extraordinary meeting of members of the Partnership or refusal to carry it out.

8.8. The Board of the Partnership has the right to refuse to hold an extraordinary general meeting of members of the Partnership if the procedure established by this charter of the Partnership for submitting a request to convene an extraordinary general meeting of its members is not followed.

8.9. If the board of the Partnership makes a decision to hold an extraordinary general meeting of members of the Partnership, said general meeting of members of the Partnership must be held no later than 30 days from the date of receipt of the proposal or request for its holding. If the board of the Partnership decides to refuse to hold an extraordinary general meeting of the members of the Partnership, it informs in writing the audit commission of the Partnership, the members of the Partnership or the local government body requiring the holding of an extraordinary general meeting of the members of the Partnership about the reasons for the refusal.

8.10. In case of violation by the Board of the Partnership of the deadline and procedure for holding an extraordinary general meeting of members of the Partnership, the Audit Commission, members of the Partnership, local government bodies requiring an extraordinary general meeting of members of the Partnership have the right to independently ensure the holding of an extraordinary general meeting of members of the Partnership, subject to the provisions of parts 13-18 of the article 17 of Law No. 217-FZ.

8.11. The general meeting of members of the Partnership is valid if more than 50% of the members of such Partnership or their representatives are present at the said meeting.

8.12. A member of the Partnership, as well as in cases established by Law No. 217-FZ, the owner of a land plot has the right to participate in voting in person or through his representative, whose powers must be formalized by a power of attorney.

8.13. Decisions on amendments to the charter of the Partnership and additions to its charter or on approval of the charter in a new edition, exclusion from members of the Partnership, on liquidation and (or) reorganization, appointment of a liquidation commission and on approval of interim and final liquidation balance sheets are adopted by the general meeting of members of such an association by a qualified majority of two-thirds of the votes of the members of the partnership present at the meeting.

8.14. The General Meeting has the right to make decisions on any issues of the Partnership’s activities, subject to their inclusion in the agenda of the meetingno less than two weeksbefore the general meeting of members.Voting and making decisions on issues not included in the agenda are not allowed.

8.15. The board of the partnership is obliged, no less than 7 days before the date of the general meeting of the members of the partnership, to provide the opportunity to familiarize themselves with draft documents and other materials planned for consideration at the general meeting of the members of the partnership by:

Placement on an information board located within the boundaries of the gardening or vegetable gardening area.

In case of violation of the deadline provided for by this paragraph, consideration of the specified draft documents and other materials at the general meeting of members of the partnership is not allowed.

8.16. Notification of a general meeting of members of the partnership at least two weeks before the date of its holding:

Placed on an information board located within the boundaries of the gardening or vegetable gardening territory.

Or posted on a public resource on the Internet using the link www. snt-zodiak. ru ;

Or by sending to the email addresses specified in the register of members;

Information is provided by email in response to a request to the Partnership's email address (___________)

A notice of a general meeting of members of the partnership may also be posted in the media determined by the constituent entity of the Russian Federation.

8.17. In cases determined by the board of the partnership, the decision of the general meeting of members of the partnership may be made in the form of in-person or absentee voting.

8.18. Conducting a general meeting in absentia is permitted on all issues, except for the issues specified in paragraphs 1, 2, 4 - 6, 10, 17, 21 - 23, part 1 of Art. 17 of Law No. 217-FZ.

8.19. The following procedure and conditions for conducting absentee voting are established:

The period for conducting absentee voting established by the Board cannot be less than 14 and more than 20 calendar days.The period of absentee voting is understood as the period of time beginning with the start date of the absentee voting procedure and ending with the end date of the absentee voting procedure. The start date of the absentee voting procedure is the date the acceptance of absentee ballots from members of the Partnership begins, and the end date of the absentee voting procedure is the end date of acceptance of absentee ballots from members of the partnership.

8.20. The notice of absentee (in-person) voting must necessarily indicate:

1) form of the general meeting – absentee voting / in-person and absentee voting (by poll),

2) type of meeting – regular (annual) or extraordinary general meeting,

3) a list of issues put to vote,

4) start date for receiving ballots,

5) closing date for receiving ballots.

8.21. The form of the voting form, in the case of voting in absentia (in absentia) form, is developed by the board of the partnership and with draft documents planned for approval is sent to members of the Partnership and gardeners who garden individually on the territory of the partnership (if the specified general meeting is planned for consideration issues specified in paragraphs 4 - 6, 21 and 22 of Part 1 of Article 17 of Federal Law No. 217-FZ), with notification of the date, location and agenda of the general meeting of members of the Partnership by e-mail specified in the register of members, posted on the board announcements on the territory of the partnership no later than the start date of the absentee voting procedure.

8.22. Those who took part in the general meeting held in the form of absentee voting (in-person) are considered to be members of the partnership and gardeners who garden individually on the territory of the partnership, whose completed ballots were received by the board no later than the end date of the absentee voting procedure. Members of the partnership whose ballot does not contain a single handwritten signature of the member or his representative are not considered to have taken part in absentee voting. Such a ballot is considered invalid and is not taken into account when determining the results (summing up) of absentee (in-person) voting. Ballots of voting members of the partnership received after the closing date for their acceptance are not taken into account when determining the results (summarizing the results of absentee voting).

8.23. Receipt of the ballot by the board is considered accordingly:

1) the date of direct delivery of the ballot to the board member,

2) the date of receipt of the letter containing the ballot at the post office at the location of the Partnership.

8.24. When making a decision at an in-person or absentee vote on an issue put to a vote, a member of the partnership or a gardener conducting gardening individually on the territory of the partnership (if the specified general meeting plans to consider the issues specified in paragraphs 4 - 6, 21 and 22 of Part 1 of Art. 17 of Federal Law No. 217-FZ), selects only one of the following voting options on the ballot: “for”, or “against”, or “abstained”. The choice of voting option on the relevant issue is carried out by the member by affixing his own signature to the selected voting option. In case of violation of these requirements when making a decision on a relevant issue (when filling out a ballot), the vote of a member or gardener who gardens individually on the territory of the partnership in relation to such an issue is not taken into account when calculating the results (summarizing the results of absentee (in-person) voting) .

8.25. Determining the results (summarizing the results) of absentee voting does not imply face-to-face discussion of the issues on the agenda of such a meeting and is carried out by members of the board of the Partnership. The voting results and the decision made based on the results of absentee voting are documented in an absentee voting protocol. The results of absentee voting must be summed up and the absentee voting protocol must be drawn up no later than 10 calendar days after the end date of the absentee voting procedure. During the same period, decisions made based on the results of absentee voting must be brought to the attention of the members of the partnership by posting on the website of the partnership.

8.26. If, during a general meeting of members of the partnership on the issues specified in paragraphs 1, 2, 4 - 6, 10, 17, 21 - 23, part 1 of Art. 17 of Law No. 217-FZ., such a general meeting of members of the partnership did not have a quorum in accordance with clause 8.11. of the Charter, in the future, the decision of such a general meeting of members of the partnership on the same issues on the agenda of such a general meeting of members of the partnership, by decision of the board of the partnership, may be made by holding an in-person or absentee vote.

8.27. In the case of holding a general meeting of members by absentee voting, the results of absentee voting are determined by the totality of:

1) voting results reflected in the relevant ballots during in-person discussion of issues on the agenda of the general meeting of members of the partnership and persons specified in clause 1 of Art. 5 of Federal Law No. 217-FZ. At the same time, the votes of the persons specified in clause 1 of Art. 5 of Federal Law No. 217-FZ are taken into account only on the issues specified in paragraphs 4 - 6, 21 and 22 of Part 1 of Art. 17 Federal Law No. 217-FZ;

8.28. Decisions of the general meeting of members of the partnership are documented in a protocol indicating the voting results and attaching to it a list signed by each member of the partnership or each representative of a member of the partnership who took part in the general meeting of members of the partnership. The minutes of the general meeting of members of the partnership are signed by the chairman of the general meeting of members of the partnership. If the general meeting of members of the partnership makes a decision by means of absentee voting, written decisions of the members and persons specified in clause 1 of Art. 5 of Federal Law No. 217-FZ.

8.29. Decisions of the general meeting of members of the partnership are binding on the bodies of the partnership, members of the partnership, as well as the persons specified in clause 1 of Art. 5 of Federal Law No. 217-FZ. (if such decisions are made on the issues specified in paragraphs 4 - 6, 21 and 22 of part 1 of article 17 of Federal Law No. 217-FZ).

8.30. The decision of the general meeting of members of the partnership on the transfer of public real estate into the common shared ownership of the owners of garden or vegetable plots of land located within the boundaries of the horticulture or market gardening territory shall indicate:

1) last name, first name, patronymic (the latter - if available), details of identification documents of the owners of land plots located within the boundaries of the gardening or truck farming territory, into whose common shared ownership property of common use is transferred;

2) description and cadastral numbers of objects related to public property and transferred into common shared ownership of the owners of land plots located within the boundaries of the horticulture or truck farming territory;

3) the size of the share in the right of common shared ownership of property for common use, arising in connection with the transfer of this property into the common shared ownership of the owners of land plots located within the boundaries of the gardening or truck farming territory, details of documents confirming the ownership of the partnership for the transferred property of common use.

8.31. For members of the partnership, as well as for all non-members of the rights holders of land plots located within the boundaries of the horticulture or market gardening territory, free access to the place of holding the general meeting of members of the partnership must be provided.

9. Rights, duties and competence of the management board of the partnership and the Chairman of the partnership.

9.1. The Board of the Partnership has the right to make decisions on all issues of the Partnership’s activities, with the exception of issues referred to by the charter and Federal Law No. 217-FZ within the exclusive competence of the general meeting of members of the Partnership.

9.2. The board of the partnership is elected from among the members of the Partnership by the general meeting of members of the Partnership for 5 years in quantity 7 people.

9.3. Only members of the partnership who have no debts on all types of contributions and payments on the date of the general meeting for a period of more than 3 (three) months can be elected as members of the board.

9.4. A member of the board of directors may not delegate his or her powers to another person.

9.5. The Chairman of the Partnership convenes meetings of the Board of the Partnership as necessary, but at least 2 times a year.

9.6. The Board of the Partnership is competent to make decisions if at least 50% of the total number of members of the Board of the Partnership is present at the meeting of the Board of the Partnership. Decisions of the Board of the Partnership are made by a simple majority of votes from the total number of votes of the Board members present at the meeting, documented in the minutes of the Board meeting and signed by the Chairman of the Partnership.

9.7. The responsibilities of the Board of the Partnership include:

1) implementation of decisions of the general meeting of members of the partnership;

2) making a decision to hold a general meeting of members of the partnership or ensuring the adoption of a decision of the general meeting of members of the partnership in the form of absentee or absentee voting;

3) making a decision on holding an extraordinary general meeting of members of the partnership or on the need to hold an extraordinary general meeting of members of the partnership in the form of absentee or absentee voting;

4) management of the current activities of the partnership;

5) making decisions on concluding agreements with organizations involved in the supply of heat and electricity, water, gas, drainage, landscaping and protection of gardening or market gardening areas, ensuring fire safety and other activities aimed at achieving the goals of the partnership;

6) making decisions on concluding agreements with an operator for the management of municipal solid waste, a regional operator for the management of municipal solid waste;

7) ensuring the fulfillment of obligations under contracts concluded by the partnership;

8) ensuring the creation and use of common property of the partnership, as well as the creation of the necessary conditions for joint ownership, use and disposal of such property by citizens;

9) drawing up income and expense estimates and reports of the board of the partnership and submitting them for approval to the general meeting of members of the partnership;

10) maintaining records and reporting of the partnership, preparing an annual report and submitting it for approval to the general meeting of members of the partnership;

11) ensuring record keeping in the partnership and maintaining the archive in the partnership;

12) control over the timely payment of contributions provided for by this Federal Law, applying to the court for collection of arrears in payment of contributions or fees provided for by Federal Law No. 217-FZ and this charter, in court;

13) consideration of applications from members of the partnership;

14) development and submission for approval to the general meeting of members of the partnership of the procedure for conducting the general meeting of members of the partnership and other internal regulations of the partnership, regulations on the remuneration of workers and members of the bodies of the partnership who have entered into employment contracts with the partnership;

15) preparation of a financial and economic justification for the amount of contributions made by members of the partnership and the amount of fees provided for in Part 3 of Art. 5 of Federal Law No. 217-FZ.

9.8. The board of the partnership has the right to make decisions necessary to achieve the goals of the partnership, with the exception of decisions attributed by this Federal Law and the charter of the partnership to the powers of other bodies of the partnership.

9.9. The board of the partnership has the right to make a decision on partial or complete restriction of the regime of consumption of electrical energy in the event of debt arising from members of the Partnership, as well as citizens gardening on the territory of the partnership without participation in the partnership, arrears in paying for electricity to the partnership due to non-fulfillment or improper fulfillment of obligations for payment of consumed electricity, including part of the cost of electrical energy consumed when using infrastructure facilities and other common property of the Partnership, part of the losses of electrical energy that occurred in the electrical grid facilities of the Partnership.

9.10. The income and expense estimate of the partnership, compiled by the board of the partnership, must contain an indication of the amount of expected income and expenses of the partnership, a list of proposed activities and the officials of the partnership responsible for their provision.

9.11. The Chairman of the Partnership is the sole executive body of the Partnership, heading the board

9.12. The Chairman is elected from among the members of the Partnership by the general meeting of members of the Partnership for 5 years.

9.13. The powers of the Chairman of the Partnership are determined by the Civil Code of the Russian Federation, the Charter of the Partnership, and Federal Law No. 217-FZ.

9.14. The Chairman of the Partnership, if he disagrees with the decision of the board, has the right to appeal this decision to the general meeting of members of the Partnership.

9.15. The Chairman of the Partnership acts without a power of attorney on behalf of the Partnership, including:

9.15.1. Chairs board meetings.

9.15.2. Has the right of first signature on financial documents that, in accordance with the Charter of the Partnership, are not subject to mandatory approval by the board or general meeting of members of the Partnership.

9.15.3. Sign other documents on behalf of the Partnership and minutes of the board meeting.

9.15.4. Concludes transactions and opens accounts for the Partnership in banks.

9.15.5. Issues orders on the appointment of employees of the Partnership, their transfer or dismissal, and imposes disciplinary sanctions.

9.15.6. Issues powers of attorney without the right of substitution.

9.15.7. Ensures the development and submission for approval of the general meeting of members of the Partnership of the internal regulations of the Partnership.

9.15.8. Carries out representation on behalf of the Partnership in government bodies, local governments, as well as in other organizations.

9.15.9 Considers applications from members of the Partnership.

9.16. In the event of termination of the powers of the chairman of the board by decision of the general meeting (early termination of powers or election of a new one) of members, the documents of the partnership are transferred to the newly elected chairman of the board in the following order: 9.16.1. Within 2 (two) days from the date of the relevant decision, the originals of the Partnership Charter, certificate of state registration of the Partnership as a legal entity, Certificate of registration with the tax inspectorate, minutes of the general meeting of members of the Partnership (who elected new Chairman of the Board), seal of the Partnership.

9.16.2. Within 10 working days after making changes to the change of the Chairman of the Board in the Unified State Register of Legal Entities (Unified State Register of Legal Entities), according to the acceptance certificate, in the presence of a commission of members of the board and the Audit Commission, transfer all available documents of the Partnership.

10. Responsibility of the chairman of the partnership and members of the board

10.1. The Chairman of the Partnership and members of the Board of the Partnership, when exercising their rights and fulfilling established duties, must act in the interests of the Partnership, exercise their rights and fulfill established duties in good faith and wisely.

10.2. The Chairman of the Board of the Partnership and members of the Board of the Partnership are liable to the Partnership for losses caused to the Partnership by their actions (inaction). In this case, members of the board who voted against the decision, which entailed causing losses to the Partnership, or who did not take part in the voting, are not liable.

11. Control over the financial and economic activities of the Partnership

11.1. Control over the financial and economic activities of the Partnership is carried out by the Audit Commission 3 members , elected by the general meeting of members of the Partnership for five years, from among the members of the Partnership, not having arrears in paying membership and target fees at the time of the general meeting of members.

11.2. The Audit Commission elects the Chairman of the Audit Commission from among itself at the first meeting of the Audit Commission.

11.3. The Audit Commission is accountable to the general meeting of members of the Partnership.

11.4 The Audit Commission of the Partnership is obliged to:

11.4.1. Check the implementation by the board of the Partnership and its chairman of the decisions of general meetings of members of the Partnership, the legality of transactions made by the bodies of the Partnership, the composition and condition of common property.

11.4.2. Carry out audits of the financial and economic activities of the Partnership at least once a year.

11.4.3. Report the results of the audit to the general meeting of the members of the Partnership with the presentation of proposals to eliminate the identified violations.

11.4.4. Inform the general meeting of members of the Partnership about all identified violations in the activities of the bodies of the Partnership.

11.4.5. Verify the timely consideration by the board of the Partnership or its chairman of applications from members of the Partnership.

11.5. The audit is carried out annually (by the annual regular general meeting) in the presence of any current member (members) of the board of the Partnership according to the original documentation of the Partnership.

11.6. Repeated audits for the period for which the report of the Audit Commission was adopted by the general meeting of members are not allowed.

11.7. The bodies of the partnership are obliged to provide, free of charge, upon a written request from the Audit Commission, the original documents of the partnership, in the presence of members of the board.

11.8. Documents upon written request to the Audit Commission must be provided within 30 (thirty days) from the date of receipt of the request.

11.9. The report of the Audit Commission is signed by all members of the Audit Commission and submitted to the board no later than two weeks before the general meeting of members, where it is scheduled for approval. In case of violation of the deadlines for submitting the Auditor's report to the board to ensure the opportunity for the members of the Partnership to familiarize themselves with it, consideration of the report by the general meeting of members is not allowed.

12. Record keeping and procedure for storing documents of the Partnership

12.1. The minutes of general meetings of members of the Partnership are signed by the chairman of the general meeting of members of the Partnership. The minutes of general meetings of members of the Partnership, held in the form of absentee voting, are signed by the chairman of the Partnership.

12.2. The minutes of the board meetings are signed by the chairman of the Partnership.

12.3. The minutes of meetings of the Audit Commission of the Partnership are signed by members of the Audit Commission.

12.4. Minutes of general meetings of members of the Partnership and minutes of meetings of the board of the Partnership are stored in the affairs of the Partnership for at least 49 years. Constituent documents, as well as amendments and additions to them, certificates and (or) documents on state registration of the Partnership, documents of title to land plots and other significant documents are permanently stored in the Partnership’s files.

12.5. Copies of the minutes of general meetings of members of the Partnership, meetings of the board, the audit commission of the Partnership, certified extracts from these minutes are presented for review to the local government body in whose territory such a Partnership is located, government authorities of the relevant subject of the Russian Federation, judicial and law enforcement agencies, organizations in accordance with their requests in writing free of charge.

12.6. The Partnership maintains economic accounting and reporting in the manner and volume established by the legislation of the Russian Federation.

13. Register of members of the partnership

13.1. A member of the board of directors authorized by a decision of the general meeting is responsible for creating and maintaining the register of members.

13.2. The processing of personal data necessary for maintaining the register of members of the partnership is carried out in accordance with Federal Law No. 217-FZ and legislation on personal data.

13.3. The register of members of the partnership must contain data on the members of the partnership specified in Part 5 of Article 12 of Federal Law No. 217-FZ, the cadastral (conditional) number of the land plot, the owner of which is a member of the partnership, the cadastral number of the building located on such a plot.

13.4. A member of the partnership is obliged to provide reliable information necessary for maintaining the register of members of the partnership, and promptly inform the chairman of the partnership about their changes.

13.5. In case of failure to comply with the requirement to provide reliable information and notify of its change within ten days from the date of change, the member of the partnership bears the risk of attributing to him the expenses of the partnership associated with the lack of up-to-date information in the register of members of the partnership.

13.6. In a separate section of the register of members of the partnership, in the manner established by this article, information about the owners of plots who conduct farming without participating in the partnership may be entered.

14. The procedure for interaction with citizens engaged in gardening or vegetable farming on land plots located within the boundaries of the gardening or vegetable farming territory, without participation in the partnership.

14.1. Gardening or gardening on garden plots of land located within the boundaries of the gardening territory, without participation in the partnership, can be carried out by owners of garden plots who are not members of the partnership.

14.2. The persons specified in clause 14.1 of the Charter have the right to use common property located within the boundaries of the gardening or vegetable farming territory on equal terms and to the extent established for members of the partnership.

14.3. The persons specified in clause 14.1 of the Charter are required to pay fees for the acquisition, creation, maintenance of public property, current and major repairs of capital construction projects related to public property and located within the boundaries of the horticulture or truck farming territory, for the services and work of the partnership management of such property in the manner established by this charter and Federal Law No. 217-FZ for the payment of contributions by members of the partnership.

14.4. The total annual fee provided for in clause 4.6. and clause 14.3. of this charter, is established in an amount equal to the total annual amount of target and membership fees of a member of the partnership, calculated in accordance with this charter of the partnership, on the same principle as for members of the Partnership.

14.5. In case of failure to pay the fee provided for in clause 4.6. and clause 14.3. of this charter, this fee is collected by the partnership in court.

14.6. The persons specified in clause 14.1 of the Charter have the right to take part in the general meeting of members of the partnership and vote only on issues specified in clauses 4 - 6, 21 and 22 of Part 1 of Art. 17 of Federal Law No. 217-FZ. On other issues on the agenda of the general meeting of members of the partnership, the persons specified in clause 14.1 of the Charter do not take part in voting when making decisions by the general meeting of members of the partnership.

14.7. The persons specified in clause 14.1 of the Charter have the right to familiarize themselves with and, upon application, receive for a fee, the amount of which is established by a decision of the general meeting of members of the partnership, the seal of the partnership and the signature of the chairman of the board, copies of the following documents:

1) the charter of the partnership as amended, a document confirming the fact of making an entry in the unified state register of legal entities;

2) accounting (financial) statements of the partnership, income and expense estimates of the partnership, reports on the implementation of such estimates, audit reports (in the case of audits);

3) conclusions of the audit commission of the partnership;

4) documents confirming the partnership’s rights to property reflected on its balance sheet;

5) minutes of the meeting on the establishment of the partnership, minutes of general meetings of members of the partnership, meetings of the board of the partnership and the audit commission of the partnership;

6) financial and economic justification for the amount of contributions;

14.8. The persons specified in clause 14.1 of the Charter have the right to appeal decisions of the partnership bodies that entail civil consequences for these persons, in cases and in the manner provided for by Federal Law No. 217-FZ.

14.9. If persons engaged in gardening without participation in the partnership fail to provide the information required for inclusion in a separate section of the register of members, the partnership is not responsible for improper notification of the general meeting of members (in terms of the obligation to send notification to the email address specified in the register.

15. Organization of development, norms and rules of conduct within the boundaries of gardening.

15.1. The organization and development of the territory of the Partnership is carried out in accordance with building codes and regulations according to Code of Practice SP 53.13330.2011 "SNiP 30-02-97*. Planning and development of territories of gardening associations of citizens, buildings and structures" and SP 11-106-97.

15.2. Fire distances between buildings and structures within the same land plot are not standardized.

15.3. Fire distances between residential buildings or residential buildings located on adjacent plots, depending on the material of the load-bearing and enclosing structures, must be no less than those indicated in the table

	Material of load-bearing and enclosing structures of the building	Distances, m

	Stone, concrete, reinforced concrete and other non-combustible materials
	The same, with wooden floors and coatings protected by non-combustible and low-combustible materials
	Wood, frame enclosing structures made of non-combustible, low-combustible and combustible materials

15.4 It is allowed to group and block residential buildings or residential buildings on two adjacent plots for single-row development and on four adjacent plots for double-row development.

At the same time, fire safety distances between residential buildings or residential buildings in each group are not standardized, and the minimum distances between the outermost residential buildings or residential buildings of groups are taken according to the table in clause 15.3. Charter.

15.5. A residential building or residential building must be at least 5 m from the red line of streets, and at least 3 m from the red line of driveways. At the same time, between houses located on opposite sides of the driveway, the fire distances indicated in the table must be taken into account 2. The distances from outbuildings to the red lines of streets and driveways must be at least 5 m. By agreement with the board of the Partnership, a carport or garage for a car can be placed on the site, directly adjacent to the fence on the side of the street or driveway.

15.6. The minimum distances to the border of the neighboring plot for sanitary and living conditions should be from:

ü residential building (or house) - 3 m;

ü buildings for keeping small livestock and poultry - 4 m;

ü other buildings - 1 m;

ü trunks of tall trees - 4 m, medium-sized ones - 2 m;

ü bush - 1 m.

15.7. The distance between a residential building (or house), outbuildings and the border of a neighboring plot is measured from the base or from the wall of the house, building (in the absence of a base), if the elements of the house and building (bay window, porch, canopy, roof overhang, etc.) do not protrude more than 50 cm from the plane of the wall. If the elements protrude by more than 50 cm, the distance is measured from the protruding parts or from their projection onto the ground (cantilever roof canopy, second floor elements located on poles, etc.).

15.8. When erecting outbuildings on a garden plot, located at a distance of 1 m from the border of an adjacent plot of land, the roof slope should be oriented in such a way that rainwater runoff does not fall on the neighboring plot.

15.9. The minimum distances between buildings for sanitary conditions should be, m:

ü from a residential building or residential building to a shower, bathhouse (sauna), toilet - 8;

ü from the well to the latrine and the composting device - 8.

The specified distances must be observed between buildings located on adjacent areas.

15.10. In the case of outbuildings adjoining a residential building or residential building, the distance to the border with the neighboring plot is measured separately from each blocking object, for example:

ü house-garage (at least 3 m from the house, at least 1 m from the garage);

ü house-building for livestock and poultry (at least 3 m from the house, at least 4 m from the building for livestock and poultry).

15.11. It is allowed to erect fencing for individual land plots in the form of blind fences along roads, but not higher than 2 meters. Fences between neighboring areas in the form of blind fences can only be installed with the written consent of the neighbors (observing solar illumination conditions).

15.12. To keep the territory adjacent to the Partnership clean and tidy, the management of the Partnership is obliged to organize centralized collection and removal of waste by concluding an agreement with the appropriate organization. Members of the Partnership are obliged to maintain cleanliness and order in the entire adjacent territory to the extent established by the current legislation of the Russian Federation.

15.13. It is not allowed to store organic waste in containers intended for solid waste collection.

15.14. Lighting a fire on individual plots of gardeners is allowed only in specially designated areas (barbecue, fireplace, stove) or in metal barrels.

15.15 It is prohibited for gardeners to start open fires in public areas.

15.16. Owners of land plots within the boundaries of the territory of TSN “Zodiac” are obliged to keep the territory adjacent to their land plot clean and tidy at a distance of 3 m.

15.17. Walking dogs on the territory of the partnership is allowed only on a leash. When walking a dog, the owner is obliged to ensure the safety of others. In crowded places, the owner must put the dog on a short leash, and put a muzzle on large or vicious dogs. Walking dogs in the playground area is not allowed.

15.18. Walking dogs without a leash and muzzle is allowed only on the territory of the land plot of the owner of the dog-owner of the plot, taking into account the restriction of the dog’s access to the plots of adjacent land users and to public lands.

15.19 The territory of gardening of TSN “Zodiac” is subject to the requirements of the Law “On ensuring peace and quiet of citizens in the territory of the Moscow region” No. 16/2014-OZ dated 7.03.201415.19, according to which making noise is prohibited:

ü before 9 am and after 19 pm on weekdays,

ü until 10:00 am and from 7:00 pm on Saturdays,

ü from 13:00 to 15:00 daily,

ü 24 hours a day on Sundays and non-working holidays established in accordance with federal law.

15.20. On public land plots of TSN Zodiac it is prohibited to: drink alcohol, throw garbage and cigarette butts.

15.21 The use of public facilities is permitted only for their intended purpose, subject to compliance with technical, sanitary, fire safety standards established by this charter and current legislation, without violating the rights and interests of other owners in the use of these facilities.

15.22. Damage caused to the common use property of land owners, as well as to the property of other owners and third parties, is compensated at the expense of the culprit.

16. Reorganization of the Partnership

16.1. Reorganization of the Partnership (merger, accession, division, separation, transformation) is carried out in accordance with the decision of the general meeting of members of the partnership on the basis of the Civil Code of the Russian Federation.

16.2. When reorganizing the Partnership, appropriate changes are made to its charter or a new charter is adopted.

16.3. Members of the reorganization Partnership become members of the newly created Partnership.

16.4. The Partnership is considered reorganized from the moment of state registration of the newly created Partnership, with the exception of cases of reorganization in the form of merger.

16.5. State registration of newly created partnerships as a result of reorganization and the entry into the unified state register of legal entities of entries on the termination of the activities of reorganized partnerships are carried out in the manner established by the law on state registration of legal entities.

17. Liquidation of the Partnership

17.1. Liquidation of the Partnership is carried out on the basis and in the manner provided for by the Civil Code of the Russian Federation.

17.2. In case of non-compliance with the requirement for the number of members of the partnership established by Part 2 of Art. 16 of Federal Law No. 217-FZ, the partnership may be liquidated by a court decision at the request of the state authority of a constituent entity of the Russian Federation or local government at the location of the gardening or truck farming territory, the owner of the land plot located within the boundaries of the gardening or truck farming territory.

17.3. When a partnership is liquidated, the partnership's common use property, with the exception of common use real estate owned by the partnership and remaining after satisfaction of creditors' claims, is transferred to the owners of garden land plots located within the boundaries of the gardening territory, in proportion to their area, regardless of whether these persons were members of the partnership.

17.4. Foreclosure cannot be applied to public real estate located within the boundaries of the gardening territory. Upon liquidation of the partnership, such property owned by the partnership is transferred free of charge to the common shared ownership of the owners of garden land plots located within the boundaries of the gardening territory, in proportion to their area, regardless of whether these persons were members of the partnership.

The SNT Charter is the basic document of a garden partnership that regulates its legal status, as well as the procedure for interaction of its members in the management of the organization and the use of joint property. We will discuss in detail what regulations govern the drafting of such a charter and what requirements are imposed on it in the article below.

Charter of SNT according to the new law No. 217-FZ (replacing the law No. 66-FZ in force in 2018)

In accordance with the requirements of Art. 52 of the Civil Code of the Russian Federation, the charter is the main constituent normative document. It is he who determines the basic norms that regulate the activities of a particular partnership - accordingly, his instructions are binding on all participants in the organization, as well as its governing bodies.

The requirements for the charter of a gardening non-profit partnership in 2018 are established by Art. 16 of the Law “On Gardening...” of April 15, 1998 No. 66-FZ. However, practitioners should remember that this law will no longer be in force as of January 1, 2019, after which the activities of SNT will be regulated by the Law “On the Management...” of July 29, 2017 No. 217-FZ.

Article 54 of the new law No. 217 does not establish strict requirements for the timing of bringing the charters of such partnerships created before 01/01/2019 into compliance with the new legislation, however, it determines that the legal status of SNT from this moment should be regulated by the new law No. 217. Thus, the speedy bringing of the charter of already existing SNT in accordance with Law No. 217 in the interests of the members of the partnership themselves.

Let us note that from 2019 both gardening non-profit partnerships and vegetable gardening non-profit partnerships will operate. Both of these organizational and legal forms are types of partnerships of real estate owners (Clause 3, Article 4 of Law No. 217).

Taking into account the significant time required for the preparation of documentation and the creation of SNT, as well as the need to adjust the charters of already existing SNT from 01/01/2019, the article will focus on the provisions of the new law No. 217. Accordingly, a sample SNT charter, offered at the link below, will be prepared according to the new rules.

Requirements for the charter of a gardening partnership

The list of information that must be reflected in the SNT charter is enshrined in Art. 8 of Law No. 217.

These include:

name in which it is necessary to indicate the organizational form of the partnership;
legal address of the partnership;
goals and subject of the organization’s functioning;
the procedure for making management decisions, the list of governing bodies, their competence, the procedure for their work;
regulations for admission to and withdrawal from SNT members, as well as requirements for maintaining a register of active gardeners;
legal status of a member of the SNT (rights, obligations);
the procedure for paying contributions, the powers of SNT to collect them in court;
the work procedure of the auditor or audit commission;
the procedure for creating (acquiring) common property of SNT;
the procedure for informing members of the SNT about the activities of its bodies;
the basis of the relationship between SNT and gardeners whose plots are located within the SNT, but who are not its members;
the procedure for making a decision using absentee voting;
the procedure for reorganization and (if necessary) liquidation of the partnership;
procedure for amending the charter.

Preparation of the charter in accordance with the requirements of the new law No. 217

According to Art. 10 of Law No. 217, the charter is adopted at the general organizational meeting of founders, the number of which must be at least 7 (the maximum number of founders is not limited by Law No. 217). Subsequently, after registration of the SNT, its founders become members of the partnership and have equal rights with other participants in the organization.

When adopting the charter, attention should be paid to the following issues:

According to Art. 4 of Law No. 217 SNT is a type of real estate owners' partnership. This, based on the requirements of Art. 123.12 of the Civil Code of the Russian Federation means that the phrase “horticultural non-profit partnership” must be included in the name of the organization.
The purposes of creating a partnership are listed in Art. 7 of Law No. 217.
The rights, duties and responsibilities of partnership participants are listed in Art. 11 and 14 of Law No. 217. These articles also indicate the procedure for informing them about the activities of SNT, methods for obtaining copies of decisions and documents of the partnership.
The issues of admitting new comrades to SNT are regulated in Art. 12 of Law No. 217, exit procedure - Art. 13 of Law No. 217.
The procedure for calculating and paying contributions, as well as penalties for non-payment, are outlined in Art. 14 of Law No. 217.
Issues related to the acquisition and management of public property are regulated by Art. 24-25 of Law No. 217.
The procedure for relations with citizens who are not members of the SNT is determined by Art. 5 of Law No. 217.
The powers of partners to reorganize and liquidate SNT are provided for in Art. 27-28 of Law No. 217.

Partnership management

According to Art. 16 of Law No. 217, the supreme governing body of the SNT is the general meeting of its members. The competence, procedure for holding meetings and voting on the most important issues for the organization are outlined in Art. 17 of Law No. 217.

Don't know your rights?

Also in SNT, in accordance with the requirements of Art. 16 of Law No. 217, the chairman (sole body) and the board (collegial body), elected by the members of the SNT, must be present for the period specified in the charter (but not more than 5 years). The competence and decision-making procedure of the SNT chairman and the board are listed in Art. 18 and 19 of Law No. 217.

Control powers over the activities of the chairman and board of SNT, in accordance with Art. 20 of Law No. 217, is possessed by the auditor. This person is accountable to the general meeting of members of the partnership; the procedure for his election and work must be determined by the charter. At the same time, Law No. 217 leaves these issues to the discretion of SNT participants.

Issues of record keeping in SNT, according to Art. 21 of Law No. 217 are within the competence of the chairman. It is he who is responsible for storing documents and seals of SNT, and is also authorized to make extracts and copies of documents at the request of government agencies and participants of the partnership.

New charter of SNT 2019: sample, legal and technical design

Practitioners need to remember that the current legislation does not impose technical requirements for the charter. In this connection, this document must comply only with generally accepted rules of legal practice.

In particular, when drawing up the charter, it should be remembered that the first page is designated as the title page and, unlike subsequent pages, is not numbered. All sheets of the charter are stitched, their number is indicated on the back of the last sheet.

The text of the document should be structured into sections/chapters/articles, each/each of which regulates one of the issues of the organization and activities of SNT. In turn, the section/chapter/article is divided into smaller structural units (clauses or parts), which include individual instructions.

Thus, the first section of the charter is usually devoted to general provisions, where the following points are indicated:

name of SNT;
SNT status as a legal entity;
location, etc.

Since it makes no sense to draw up a sample of the new SNT charter for 2018 (changes in legislation will come into force only in 2019), we offer for download a sample charter for 2019, prepared taking into account the requirements of Law No. 217 and generally accepted rules of legal practice. Please note that this document is an exemplary sample, i.e. in each specific situation it must be adapted taking into account the requirements and specifics of a particular SNT.

To summarize, we note that the charter of the horticultural non-profit partnership of 2018 is drawn up in accordance with the requirements of Law No. 66, and new requirements for its preparation will be applied only in 2019 with the entry into force of Law No. 217. The norms of Law No. 217 define quite clear and specific requirements for the SNT charter. Our article and the example document offered at the link above will help you prepare a legally and technically competent charter for any specific SNT.

Convert snt to tsn. TSN instead of SNT? What will change when moving to the new form of the Model Charter of the SNT in the new edition

Charter of SNT according to the new law No. 217-FZ (replacing the law No. 66-FZ in force in 2018)

Requirements for the charter of a gardening partnership

Preparation of the charter in accordance with the requirements of the new law No. 217

Partnership management

New charter of SNT 2019: sample, legal and technical design

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