FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 30, 2004 No. 215-FZ

About housing accumulative cooperatives

Accepted by the State Duma on December 22, 2004

Approved by the Federation Council on December 24, 2004

Chapter 1. General provisions

Article 1. The relations regulated by this Federal Law

1. This Federal Law determines legal, economic and organizational basis of activities of housing accumulative cooperatives for attraction and use of money of citizens - the members on acquisition or construction of premises in the territory of the Russian Federation for the purpose of their transfer to use and after introduction of shares in complete size in property to members of housing accumulative cooperatives, and also establishes guarantees of protection of the rights and legitimate interests of citizens - members of housing accumulative cooperatives.

2. This Federal Law establishes legal status of housing accumulative cooperatives, the rights and obligations of their members, procedure for creation, reorganization and liquidation of housing accumulative cooperatives, and also procedure them activities for attraction and use of money of citizens on acquisition of premises.

3. Participation of citizens in forming of property of legal entities, including in forming of their authorized (share) capital or share funds by introduction of money or other property which involves acceptance on itself these legal entities of the obligations providing acquisition by citizens of the property right to premises is possible in cases if such participation is provided by the Federal Laws.

Article 2. The basic concepts used in this Federal Law

For the purposes of this Federal Law the following basic concepts are used:

1) housing accumulative cooperative (further also - cooperative) the consumer cooperative created as voluntary consolidation of citizens on the basis of membership for the purpose of requirements satisfaction of members of cooperative in premises by merging of cooperative of shares by members;

2) activities of cooperative for attraction and use of money of citizens on acquisition of premises (further also - activities of cooperative) - attraction and use of money of citizens by cooperative - members of cooperative and other funds for acquisition or construction of premises raised by cooperative (including in apartment houses) for the purpose of their transfer to use and after introduction of shares in complete size in property to members of cooperative;

3) premises - the apartment or the apartment house meeting the requirements established by the housing legislation of the Russian Federation;

4) share - money which is brought by the member of cooperative according to the procedure and in the terms provided by form of participation of the member of cooperative in activities of cooperative for attraction and use of money of citizens on acquisition of premises and which size is determined according to provisions of this Federal Law. Share the income gained by cooperative from the business activity performed by it and distributed between members of cooperative can be included it is pro rata to their shares;

5) the admission membership fee - the money which is one-timely brought by the citizen for covering of expenses for education of cooperative and acceptance of the citizen in members of cooperative;

6) the membership fee - the money which is periodically brought by the member of cooperative on covering of the expenses connected with implementation by cooperative of the activities provided by its charter, except for activities of cooperative for attraction and use of money of citizens on acquisition of premises;

7) additional contribution - the money deposited by the member of cooperative for covering of losses of cooperative;

8) payenakopleniye - the part of share brought by the member of cooperative for certain date;

9) share - share of payenakopleniye of the member of cooperative in share fund of cooperative;

10) share fund of cooperative - the amount of payenakopleniye of members of cooperative;

11) actual value of share - the part of net assets value of cooperative pro rata to the share size;

12) form of participation of the member of cooperative in activities of cooperative for attraction and use of money of citizens on acquisition of premises (further - form of participation in activities of cooperative) procedure for entering by members of cooperative of shares into share fund of cooperative in the options established by cooperative according to requirements of this Federal Law for the choice of one of them by members of cooperative.

Article 3. Basic provisions about housing accumulative cooperatives

1. Except for other activities the housing accumulative cooperative has no right to perform the activities provided by this Federal Law.

2. The name of housing accumulative cooperative shall contain the words "housing accumulative cooperative". The legal entities who are not meeting the requirements of this Federal Law having no right to use the words "housing accumulative cooperative" in the names.

3. The cooperative has in property the isolated property considered on its separate balance on its own behalf can acquire and perform the property and personal non-property rights, perform duties, to be claimant and the defendant in court. The property of cooperative is formed at the expense of share and other fees of members of cooperative, income gained by cooperative from the business activity performed by it which serves goal achievement for the sake of which the cooperative is created, and answers these purpose, donations and other sources which are not forbidden by the law.

4. The cooperative is considered created as the legal entity from the date of entering of the corresponding record into the Unified State Register of Legal Entities. The cooperative is created without restriction of term of activities if other is not established by its charter.

5. The relations between cooperative and its members arise based on membership in cooperative according to requirements of the Civil code of the Russian Federation, this Federal Law adopted according to it regulatory legal acts of the Russian Federation, regulations of the Central bank of the Russian Federation (further - the Bank of Russia), the charter of cooperative, and also according to the decisions of bodies of cooperative made within their competence.

6. The cooperative cannot consist in contractual relations with members of cooperative as a result of whom the civil laws and obligations connected with implementation of activities of cooperative for attraction and use of money of citizens on acquisition of premises are established, change or stop.

7. The cooperative has in accordance with the established procedure the right to open accounts in the banks which are in the territory of the Russian Federation.

8. The cooperative shall have the round stamp containing its full name in Russian and specifying on the cooperative location. The seal of cooperative may contain also its trade name in any language of the people of the Russian Federation and (or) foreign language. The cooperative has the right to have stamps and forms with the name, own emblem and other means of individualization.

9. The cooperative shall provide possibility of provision in the Bank of Russia of electronic documents, and also possibility of obtaining from the Bank of Russia of electronic documents according to the procedure, established by the Bank of Russia.

Article 4. Responsibility of cooperative

1. The cooperative answers for the obligations all property belonging to it.

2. The cooperative does not answer for obligations the members.

Article 5. Members of cooperative

1. The citizen who reached age of sixteen years can be the member of cooperative. Acceptance of the citizen in members of cooperative is performed based on its statement in writing according to the procedure, established by this Federal Law and the charter of cooperative.

2. The cooperative shall keep the register of members of cooperative which shall contain the following data:

1) surname, name, middle name of the member of cooperative;

2) passport data or data of other member of cooperative of the document proving the identity;

3) postal address, phone numbers, e-mail address of the member of cooperative;

4) form of participation in activities of cooperative;

5) other data provided by the charter of cooperative.

3. The member of cooperative shall inform executive body of cooperative on change of the data provided by part 2 of this Article timely. In case of failure to provide by the member of cooperative of information on change of the specified data the cooperative does not bear responsibility for caused with respect thereto losses.

4. The number of members of cooperative cannot be less than fifty people and more than five thousand people if this Federal Law does not establish other.

5. Membership in cooperative arises after entering of the corresponding information about the citizen who submitted the application for admission in members of cooperative, into the Unified State Register of Legal Entities according to the procedure, provided by this Federal Law and the Federal Law of August 8, 2001 No. 129-FZ "About state registration of legal entities and individual entrepreneurs" (further - the Federal Law "About State Registration of Legal Entities and Individual Entrepreneurs"), from the date of introduction by the citizen of the admission membership fee and the first payment on account of share.

6. The basis for introduction of information about the citizen who submitted the application for admission in members of cooperative in the Unified State Register of Legal Entities is the decision of the cooperative of body of cooperative authorized by the charter.

7. The federal executive body authorized on implementation of state registration of legal entities within one working day after day of introduction of information about the citizen who submitted the application for admission in members of cooperative in the Unified State Register of Legal Entities issues to cooperative the document confirming the fact of entering of the corresponding data into the Unified State Register of Legal Entities. Form and content of such document are established by the federal executive body authorized by the Government of the Russian Federation.

8. The cooperative upon the demand of the citizen who submitted the application for admission in members of cooperative shall issue it the copy of the document provided by part 7 of this Article certified by seal of cooperative and the signature of the authorized officer of cooperative.

9. Introduction by the citizen who submitted the application for admission in members of cooperative of the admission membership fee and the first payment on account of share is performed after entering of information about him into the Unified State Register of Legal Entities.

10. In case of not introduction by the citizen of the admission membership fee or the first payment on account of share within three months from the date of entering of the corresponding data into the Unified State Register of Legal Entities the sole executive body of cooperative shall send to the federal executive body authorized on implementation of state registration of legal entities, the plea of nullity of information about the citizen who submitted the application for admission in members of cooperative in the Unified State Register of Legal Entities. This application is directed by sole executive body of cooperative within three working days after the termination of the specified term. The federal executive body authorized on implementation of state registration of legal entities reports about cancellation of the corresponding data in the Unified State Register of Legal Entities to cooperative and the citizen who submitted the application for admission in members of cooperative within one working day after day of cancellation of such data.

Article 6. Responsibility of members of cooperative

1. The member of cooperative bears responsibility according to the obligations to cooperative for the bases and according to the procedure which are provided by this Federal Law and other Federal Laws.

2. Members of cooperative bear risk of the losses connected with activities of cooperative within the payenakopleniye.

3. Members of cooperative bear responsibility to cooperative for violation of obligations for introduction of share and other fees. The penalty size for violation of obligations is determined by introduction of these fees by the charter of cooperative and cannot exceed one three-hundredth the penalty of refunding rate of the Central bank of the Russian Federation operating on the date of payment for each day of contributing delay. The penalty for violation of obligations on introduction of share and other fees is charged from the date of, following behind the day established for contributing till day of introduction of these fees by members of cooperative if other procedure for charge of penalty is not established by the charter of cooperative.

Article 7. Rights of members of cooperative

1. Members of cooperative have the right:

1) to participate in management of cooperative and to be elected to its bodies;

2) to use all services provided by cooperative;

3) to choose form of participation in activities of cooperative;

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