visterra credit union Legal regime of housing and savings
cooperatives are governed by the Federal Law of December 30, 2004 N 215-FZ
"On the housing savings cooperatives."
According
to Article 12 of the Act creates a cooperative initiative of at least fifty
people and no more than five thousand people. State
registration of the cooperative shall be as determined by the Federal Law
"On state registration of legal entities and individual
entrepreneurs."
Article
13 of the Federal Law of December 30, 2004 N 215-FZ "On the housing
savings cooperatives" defines the procedure for the reorganization of the
cooperative.
Cooperative
may be voluntarily or reorganized in the manner provided by this Federal Law. The
reorganization of the cooperative may be made in the form of merger, accession,
division, separation or transformation.
Housing
cooperative savings can be coerced to the housing cooperative housing
association or housing associations. Housing
cooperative savings can be converted into a legal entity other legal forms only
in the cases stipulated by federal law.
Voluntary
reorganization of the cooperative in accordance with the decision of the
general meeting of the cooperative in accordance with the Civil Code, this
Federal Law and other federal laws.
If
the number of members of the cooperative will exceed the limit established by
this Federal Law, the cooperative shall be forced reorganization of the courts
in the form of division or separation at the request of the federal executive
body authorized to carry out state registration of legal entities, or the
federal executive branch responsible Control and supervision
of financial markets. The
federal executive branch responsible for the control and supervision of the
financial markets, to suspend the operations of the cooperative to raise funds
for new members of the cooperative and the use of these funds during the forced
reorganization visterra credit union .
During
the reorganization of the cooperative, its rights and obligations are
transferred to the legal successor of the cooperative in accordance with the
act of transfer or separation balance sheet of the cooperative, which shall
contain provisions on succession for all obligations of the reorganized
cooperative in respect of all of its creditors and debtors. If
the separation balance sheet of the cooperative makes it possible to determine
his successor, the new legal entity are jointly and severally liable for all
obligations of the reorganized cooperative to its creditors.
The
act of transfer or separation balance sheet approved by the cooperative's
general meeting of members of the cooperative and submitted together with the
founding documents for the state registration of the new legal entities or
amend the charter of the cooperative.
Becomes
a member of the reorganized cooperative member of a newly formed cooperatives
in accordance with the decision on the reorganization of the cooperative,
approved by the general meeting of members of the cooperative, and in the case
of division or separation of the cooperative by the court in accordance with
its decision.
Not
later than thirty days after the decision on the reorganization of the
cooperative in the form of division, separation or transformation, and the
reorganization of the cooperative in the form of merger or acquisition not
later than thirty days after the decision on this last of cooperatives involved
in a merger or accession,
the cooperative shall notify in writing to the creditors of the cooperative and
to publish in the gazette, which publishes data on state registration of legal
entities of the decision. In
this case, the creditors of the cooperative, within thirty days from the date
of their notification or from the date of publication of the notice of the
decision may request, in writing, or early termination of the performance of
the obligations of the cooperative and compensation for losses.
The
cooperative is considered reorganized from the date of state registration of
the newly formed cooperative, except for the reorganization of the cooperative
in the form of merger. During
the reorganization of the cooperative in the form of merger with another
cooperative first one is reorganized from the date of entry into the Unified
State Register of Legal Entities about affiliated cooperative visterra credit union .
visterra credit union Legal regime