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LAW OF UKRAINE

of February 14, 1992 No. 2114-XII

About collective agricultural enterprise

(as amended on 01-07-2021)

This Law determines legal, economic, social and organizational conditions of activities of collective agricultural enterprise.

The law is aimed at providing complete independence of the specified company, realization of its opportunities as subject of managing, determines its rights and obligations in implementation of economic activity.

The law guarantees inadmissibility of intervention of the state in implementation of economic functions of collective agricultural enterprise, restriction of its rights and interests from public authorities. The law provides the equal rights of collective agricultural enterprises with the state companies, farms, other subjects of managing.

Section I. General provisions

Article 1. Collective agricultural enterprise as subject of managing

1. The collective agricultural enterprise (further - the company) is voluntary consolidation of citizens in the independent company for coproduction of agricultural products and goods and operates on the beginnings of entrepreneurship and self-government.

2. The company is legal entity, has the current and supplementary (deposit) accounts in organizations of bank and can have seals.

3. The companies can unite on a voluntary basis in the unions (associations), to be founders of the joint-stock companies acting on the basis of the charters.

Article 2. The legislation regulating duration of agricultural enterprise

Activities of the company are regulated by this Law, the Economic code of Ukraine, the Civil code of Ukraine, the Land code of Ukraine and other acts of the legislation of Ukraine.

Article 3. Creation and state registration of the company

1. The company is created at the request of citizens on a voluntary basis on their general meeting. Creation of the company is not caused by any decisions of the state, economic and other bodies.

2. The company is considered created and acquires the rights of the legal entity from the date of its state registration.

State registration of the company is carried out according to the procedure, established by the law for state registration of legal entities.

3. The refusal in state registration can be appealed judicially.

Article 4. Charter of the company

The company acts on the charter basis.

In the charter of the company the name of the company, its location, subject and the purposes of activities, procedure for the accession to the company and the terminations of membership in it, the principles of forming of joint property and the right of members in relation to it, procedure for profit distribution, received from transactions with securities, common laws and obligations of members of the company are specified; self-government institutions, procedure for their forming and competence, the rights and obligations of the company and its members concerning use and protection of lands, water and other natural resources, production and economic, financial and labor activity, questions of payment and labor protection, social guarantees, conditions and procedure for reorganization and liquidation of the company are provided.

The charter of the company may contain also other provisions which are not contradicting the legislation of Ukraine.

Article 5. Membership in the company

Membership in the company is based on the right of the voluntary introduction in members of the companies and free secession of his members.

The citizens who reached 18-year age, recognizing and carrying out its charter can be members of the company.

Article 6. Main objectives of the company

The main objectives of the company are production of products of crop production and livestock production, and also its conversion and other types of activity directed to satisfaction of interests of members of the company, labor collective and all population of Ukraine.

Section II. Property of the company and its members

Article 7. Objects and persons of law of property in the company

1. Objects of the right of ownership in common of the company are the earth, other main and current assets of production, money and property contributions of his members made by them products the gained income, the property acquired on legal causes. Objects of the property right of the company are also shares in property and profits of the intereconomic companies and associations which participant is the company.

The property in the company belongs on the right of joint equity property to his members.

2. Person of law of property in the company is the company as the legal entity, and his members - regarding property, received by them in case of exit from the company.

Article 8. Rights of the company

1. The company independently owns, uses and disposes of the property objects belonging to it.

2. The right of ownership in common is performed by general meeting of members of the company, meeting of representatives or the governing body of the company created by it to which separate functions on economic board are transferred by property in common.

3. The property right of the company is protected by the law. The property belonging to it can be transferred to the state, cooperative and other entities, the organizations and citizens according to the decision of general meeting of members of the company or meeting of representatives.

4. The losses caused to the company by his members and other citizens, the state companies, organizations, the organizations, the foreign organizations, other legal entities are subject to compensation in accordance with general practice.

5. Insurance of the property belonging to the company and other values is performed on a voluntary basis on conditions and according to the procedure, established by the legislation of Ukraine.

The company has the right to the state support according to the procedure, established by the Law of Ukraine "About features of insurance of agricultural products with the state support".

Article 9. Share fund of property of members of the company

1. The share fund of property of members of the company joins the cost of the fixed business and revolving funds created due to activities of the company, securities, shares, money and respective share from participation in activities of other companies and organizations. Refining of structure and cost of share fund of property of members of the companies including reorganized is carried out by technique which affirms the Cabinet of Ministers of Ukraine.

The right of members of the company to share fund of property depends on their labor contribution.

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