The garage cooperative is represented by a special organization created by several participants. Its main goal is to provide places for car storage to citizens who pay certain fees. The management of the organization is engaged in security, repair and other activities in relation to existing garages. Such cooperatives are in demand, therefore they are opened quite often. It is important to understand the rules of their creation and management.
The advantages of cooperatives
The opening of such an organization has many advantages for every person who becomes a member of the enterprise. The advantages of joining a garage-building society include:
- garages are being built for the common funds of several participants;
- each member of the cooperative receives a separate garage for optimal storage of his vehicle;
- as soon as the share of a specific person is fully paid, he can privatize this property, although after that he will have to deal with security, cleaning and other things on his own;
- membership fees are considered low, and usually they are much lower than the use of paid parking services.
Usually, construction is carried out in several stages, so you do not have to immediately pay significant funds for your own garage. Therefore, due to small investments in the future, you can become the owner of a full-fledged property located in a convenient location.
disadvantages
Joining an institution has not only pluses, but also minuses. The negative parameters of membership in a garage cooperative include:
- It is required to regularly bear obligations to the organization, therefore, an initial payment is initially paid, and after that a certain amount of funds has to be transferred monthly for construction;
- It’s quite difficult to privatize the land located under the garage, since you need to pay the entire share and get permission to privatize from the management;
- often such facilities are demolished by the municipal authorities after a short period of time.
Although there are really significant disadvantages of cooperatives, they are considered to be in demand by organizations that make it possible, with little financial resources, to become the owner of their own garage for storing a car.
The formation and work of such organizations is regulated by numerous articles of the Civil Code.
How to open a cooperative?
The process of creating such an organization is not considered too complicated. How to get a garage cooperative? The procedure is performed in several sequential actions. These include:
- Initially, an initiative group of people is formed who want to open such an organization in order to eventually build garages for their cars;
- a charter is created that has the necessary items and contains the necessary information about the future work of the organization;
- other documents are collected for registration;
- documentation is transferred to the Federal Tax Service;
- a current account is opened to receive contributions from all members and make other payments;
- the land is selected where the garage-building society will be located, which is then issued for rent from the municipal authorities;
- a correctly drawn up lease is registered with the Rosreestr;
- garages are being built;
- drawn up ownership of real estate.
It is these stages that must be completed in order to organize such a cooperative. There can be a lot of participants, but the main difficulty is the preparation of numerous documents, so it is advisable to use the help of professional lawyers.
The nuances of the formation of the initiative group
It will not work to open such an organization to only one person. Only a few people have the right to organize a garage cooperative, the number of which should not be less than 3. Usually these people are acquaintances or friends. They live in the same area, so they need to create special places for storing and maintaining cars.
It is these people who act as the initiative group, which decides on the need to form a cooperative. They are engaged in the preparation of constituent documentation and registration of the organization, draw up land for rent, open a checking account and invite other participants. The rights of a garage cooperative are the same as any other legal entity.
Rules for the formation of the charter
This document is the main one for the cooperative. Therefore, its preparation must be approached responsibly. The charter of the garage cooperative must contain data:
- The name of the organization, its status and the location of the garages themselves.
- This company is represented by a legal entity, therefore it must have a seal and stamp, various details and forms.
- The goals of opening the enterprise, the reasons for creating a cooperative, as well as the subject of work are indicated. GSK is represented by a non-profit organization, so the goal of its work is to satisfy the needs of all members of the organization in the safety of their machines.
- The organization’s budgeting is described, and various issues that may arise in relation to contributions, funds and expenses of the enterprise are also addressed.
- The sanctions that apply to members of a cooperative for late payment of contributions are given.
- The organization management system is indicated. Usually, three options are used for this. The general meeting resolves various issues related to making adjustments to the constituent documentation or determining the size of contributions. The members of the general meeting decide who can be accepted and who should be excluded from the cooperative. Decisions are made regarding the closure of the organization. Additionally, the chairman of the garage cooperative is appointed. He is responsible for the functioning of the organization, collects contributions and appoints general meetings. Engaged in cost planning and member list maintenance. The supervisory authority appoints an audit commission. She is involved in monitoring the financial activities of the enterprise. It should not include board members.
- The reasons for joining the organization are described, as well as the reasons for leaving. Lists all the rights and obligations that are vested in shareholders.
- Rules for reorganizing or closing an organization are included for various reasons. The conditions under which these processes are performed are described.
- The rules for reporting and accounting are prescribed in the charter. The conditions for reporting all expenses to members of the cooperative are given.
Thus, the creation of the charter of a garage-consumer cooperative should be approached responsibly so that it includes all the necessary information.
Preparation of additional documentation
In addition to the charter, other documents are required for registration. These include:
- correctly prepared tax application;
- passports and TIN of all founders;
- minutes of the meeting of participants;
- receipt of payment of duty in the amount of 4 thousand rubles.
Usually employees of the Federal Tax Service do not require other documents.
How to write a statement?
An important point is the preparation of an application to the Federal Tax Service. Registration of a garage cooperative involves the formation of a standard company with the status of legal entity. To compile an application, you need to take a special form in the form of NP 11001. This form is intended for automatic processing, so it is important to take into account certain rules for its preparation. These include:
- all numbers and letters must be strictly in a specific cell;
- letters must be capitalized;
- only official reductions are allowed;
- data on all founders are entered, and each of them is given a separate line, at the end of which their signature is affixed, certified by a notary.
Enter OKVED codes correctly. For the construction of garages, code 45.2 is selected , and for the work of the garage cooperative itself, 63.21.24 is selected. The statement indicates in what way it is relevant to receive a certificate of registration, since one of the founders or a representative can pick it up. Additionally, the document can be sent by mail.
The transferred documentation is considered within 5 days.
Opening a current account
For a company to carry out various transfers and other financial activities, it needs to open a current account.
Usually, several accounts are opened at once, since one is used for various payments, and the other lists membership fees in the garage cooperative by all participants.
Search and registration of land
As soon as the cooperative is registered, it is necessary to find land intended for the construction of garages. For this, it is important to find a site that has optimal dimensions. It should be located in a suitable place in the city, so that it is convenient for car owners to store their cars here.
Initially, land is required to be leased from the state. As soon as a suitable plot for a garage cooperative is found, it is required to contact the local administration with a proposal to register the land for rent. Usually an auction is held for this, and the tenant who offers the highest payment for land becomes the tenant.
Without a tender, land can be rented out only on condition that the land is not registered with the cadastre. If the auction is won, then a lease is drawn up, and cooperatives for the construction of garages are offered a territory for a maximum of 20 years. Later it will be possible to register the land as the property of a garage cooperative.
As soon as the lease is concluded, it should be registered with Rosreestr.
Appeal to the construction organization of the region
In this institution, it is necessary to draw up and sign an agreement on the basis of which the construction of a cooperative is planned. To do this, find the optimal construction company that will deal with the process.
As soon as the construction work is completed, an agreement should be signed in the administration allowing the commissioning of commercial facilities.
How is the company kept records?
In the cooperative it is required to competently keep records. For this, the chief accountant is officially employed. The work of this specialist depends on whether the institution is engaged in entrepreneurial activity.
The main activity of such a cooperative is the rental of garages, which, with the full payment of the share, can be made into ownership by the participants. Therefore, the accountant must deal with income and expenses. All hired specialists receive official salaries, which are subject to standard taxes. An additional tax is paid on property owned by the cooperative.
How to make land ownership?
After about three years of using the land for its intended purpose on the basis of a lease agreement, it is possible to re-register the land. How to register a garage cooperative ownership? To do this, you must contact the municipal authorities directly for the purchase of the territory. The documentation is transmitted to the local administration:
- articles of association;
- a well-formed statement, which indicates the need to obtain the territory into ownership;
- the minutes of the general meeting where a decision is made to redeem the territory;
- extract from the register, confirming the official registration of the organization;
- certificate of registration in a particular branch of the Federal Tax Service;
- lease agreement signed with municipal authorities;
- technical documents for all constructed garages, which include technical plans and passports;
- extracts from the USRN on real estate.
If a positive decision is made on the application, then the land becomes the property of the garage cooperative. It becomes a common shared property, therefore it belongs to all participants. It is divided based on the area of all available garages. To register such a right, it is required to apply to the Rosreestr with the above documents and the land purchase agreement. To calculate the size of the buyback, the cadastral price of the territory is taken into account.
How does a participant draw land?
Each member of the cooperative has the opportunity to arrange a garage after they have fully paid the share. How to arrange a garage in a garage cooperative for an individual participant? Initially, you need to get permission from the organization’s management, after which the citizen receives a special certificate indicating that he has paid all shares. For registration, it is enough to contact the department of Rosreestr with the documentation:
- application for registration of real estate;
- applicant's passport;
- a certificate confirming that the share was fully paid, and this document acts as title documents for the garage;
- technical passport for the building;
- duty receipt.
Based on this documentation, an entry will be made to the Rosreestr about re-registering the garage as a private owner.
How is the property of the cooperative formed?
The main sources of property of the cooperative are mutual contributions. They should be submitted regularly by participants. They are divided into several types:
- Introductory. Must be entered by all participants when registering a commercial organization.
- Membership. Represented by regular payments, which must be paid by participants to pay salaries to employees and to cover other small expenses.
- Additional. They are used to cover various losses or expenses.
- Targeted. These funds are intended for the purchase or construction of facilities, which further become the joint property of the cooperative.
Most garage cooperatives accept not only cash, but also various securities, property or other values.
The specifics of the organization
When such a cooperative is opened, participants take into account the different nuances of functioning. These include:
- new participants are gradually being accepted, and their reception can be carried out during the entire process of building garages;
- a cost estimate is formed for the year ahead, after which all costs are divided by the number of participants to determine the optimal amount of regular contributions;
- only after a full share payment has been made, participants can take ownership of garages, and they must notify the cooperative’s management of their decision.
Joining such an organization is beneficial for all citizens.
How to become a member of a cooperative?
If the car owner wants to join the cooperative, then they perform sequential actions:
- a written application is submitted in which personal data about the citizen, as well as information from the passport, are registered;
- at a general meeting, a decision is made on the possibility of accepting a new member, but often such issues are decided individually by the chairman;
- in case of a positive decision, the down payment is made by the applicant;
- a membership book is issued to him, where his data are indicated, the name of the cooperative and the address of the garage;
- the document prescribes its validity period and the amount of funds issued;
- a new participant can take part in the management of the cooperative, receive some of the profits, and also use the property for personal purposes, and after payment of the share, it can take ownership of the garage.
Each participant can leave the cooperative at any time, receiving a cash refund.
Thus, garage cooperatives are popular and sought after organizations that allow you to get a garage in a convenient place in the city. Each participant must understand how to properly open such an organization, how it functions, how to rent and take ownership of land, and how the activities of the cooperative are regulated.