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ORDER OF THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of December 24, 2015 No. 1-2/1117

About approval of the standard charter of agricultural cooperative

According to Item 3 of article 17 of the Law of the Republic of Kazakhstan of October 29, 2015 "About agricultural cooperatives" PRIKAZYVAYU:

1. Approve the enclosed standard charter of agricultural cooperative.

2. To provide to department of strategic planning and analysis of the Ministry of Agriculture of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction it the copy on official publication in periodic printing editions and in information system of law of Ad_let;

3) placement of this order on Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising vice-Minister of Agriculture of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication, but not earlier than January 1, 2016.

Minister of Agriculture of the Republic of Kazakhstan

A. Mamytbekov

It is approved

Minister of Finance of the Republic of Kazakhstan

December 28, 2015

 

__________ B. Sultanov

It is approved

Minister of national economy of the Republic of Kazakhstan

December 29, 2015

 

___________ E.Dosayev

Approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan of December 24, 2015, No. 1-2/1117

Standard charter of agricultural cooperative

1. General provisions

1. Trade name and form of business of agricultural cooperative (further – cooperative):

in state language: ____________________________________;

in Russian: ____________________________________________.

The cooperative is the legal entity created according to article 5 of the Law of the Republic of Kazakhstan of October 29, 2015 "About agricultural cooperatives" (further – the Law) and the legislation of the Republic of Kazakhstan.

2. Status of the subject of entrepreneurship _______________________.

3. Place finding of cooperative (place finding of executive body): _____________________

____________________________________________________________________.

2. Purposes of creation and types of activity

4. Purposes of creation of _________________________________ cooperative.

5. For achievement of the specified purposes the cooperative performs the following core activities which are not forbidden

legislation: __________________________________________________

_____________________________________________________________________

____________________________________________________________________.

6. For change and (or) amendment of types of activity of cooperative it is necessary _____________

____________________________________________________________________.

3. Procedure for forming and competence of general meeting of members of cooperative, procedure for adoption of decisions by it

7. Governing bodies of cooperative are:

1) the supreme body – general meeting of members of cooperative;

2) executive body – _______________ *;

3) regulatory authority – audit committee **.

8. General meeting of members of cooperative is the supreme body of management of cooperative.

9. Each member of cooperative has the right of one voice in case of decision making on all questions of activities of cooperative irrespective of the size and quantity of its property (share) fees, except for associated members of cooperative.

10. Are within the exclusive competence of general meeting of members of cooperative:

1) election of executive body and its head, and also their re-election;

2) modification and amendments in the charter of cooperative, adoption of the charter of cooperative in the new edition;

3) determination of procedure and frequency of accounts presentation of executive bodies;

4) approval of annual statements and balance sheets of cooperative, distribution of cooperative payments and income or loss of cooperative;

5) determination of form of responsibility of members of cooperative, except for associated members of cooperative;

6) establishment and change of the size of property (share) fees of members of cooperative, and also associated members of cooperative, and additional contributions;

7) establishment of types, size, procedure for forming and use of funds of cooperative;

8) acceptance and termination of membership in cooperative;

9) reorganization and liquidation of cooperative;

10) decision making about participation of cooperative in creation and (or) activities of other legal entities, and also the branches and representations;

11) _____________________________________________________ ***.

11. General meeting of members of cooperative has the right to accept any questions relating to activities of cooperative to the consideration.

Notes:

* – executive body of cooperative is its board. At the same time, according to Item 2 of article 35 of the Law in agricultural cooperatives with number of members no more than ten assignment of functions of board on the chairman of agricultural cooperative is allowed (sole executive body);

** – according to Item 1 of article 36 of the Law the audit committee is not obligatory body and can be created according to the decision of general meeting of members of cooperative;

*** – according to the subitem 11) of Item 3 of article 34 of the Law the charter of cooperative other questions which are within the exclusive competence of general meeting of members of cooperative can be provided.

4. Procedure for convocation and carrying out, including correspondence, regular and extraordinary general meeting of members of cooperative

12. General meeting of members of cooperative (correspondence, next, extraordinary) is convened as required, but at least once a year. General meeting of members of cooperative is convened according to the offer of executive body or upon the demand of at least one third of members of cooperative.

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