A production cooperative is a commercial organization, a legal entity and a voluntary association of people. The purpose of the association becomes any joint economic activity of its members, including production. A production cooperative is called an artel, and certain constituent documents are required to create it.
One of the conditions for creating a production cooperative is the number of its members - according to the current legislation, the number of members of an artel should not be less than five people. At the same time, there are no restrictions on the membership of residents of the Russian Federation or foreign citizens, as well as persons without citizenship. A legal entity can also be a member of an artel - participation in the activities of the cooperative is carried out through a representative of the legal entity.
Why is the artel created?
An artel - or a production cooperative - is created to engage in certain types of activities. The main condition for its creation is compliance with all legal requirements. An artel may not engage in activities that contradict the laws of the Russian Federation. To engage in specific types of production and other economic activities, the cooperative must obtain a special license (permit). Thus, the main goal of creating a cooperative is to receive profits by its participants.
What constituent documents are required?
The main constituent document of a production cooperative, which is a legal entity, is its charter. To approve the charter, it is necessary to gather all members of the cooperative (the general meeting of the members of the artel is the supreme body of its management). The charter determines the location of the organization, its corporate name. The main constituent document contains all the financial information on the composition of the members' share contributions, on the procedure for making them.
The charter describes the obligations of each member of the cooperative for personal participation, responsibility for violations of obligations to the cooperative, regulates the procedure for distributing profits between the members of the cooperative.
The charter prescribes how the entry of new members into the cooperative and the withdrawal of old members from the cooperative is carried out, the procedure for the formation of its property is determined, the number of branches and their location, the procedure for the liquidation of the cooperative and its transformation are described. In addition, any other important information may be contained in the main constituent document.
Who runs the cooperative?
The meeting of the members of the cooperative is the supreme governing body of the cooperative. If the number of members of the artel exceeds 50 people and the general meeting is impossible due to objective circumstances, a supervisory board is created, consisting exclusively of members of the cooperative. Note that the same member of the cooperative cannot hold the position of chairman of the board of the cooperative and a member of the supervisory board.
