It happens that a once organized cooperative does not fulfill its obligations, does not conduct any activity, and its very existence has lost its meaning. In such situations, it may be necessary to close the organization. The termination of the activity of a housing and housing construction cooperative is governed by Articles 58 - 64 of the Civil Code of Russia.
Instructions
Step 1
Draw up documents on the liquidation of the cooperative, which will entail the termination of its activities without the transfer of rights and obligations in the order of succession to other persons. To do this, gather a general meeting of members of the cooperative and draw up a protocol, which will indicate that the meeting has decided to liquidate this organization.
Step 2
Report the liquidation to the tax authorities to enter information in the Unified State Register of Legal Entities that the cooperative is terminating its activities.
Step 3
At the general meeting of the members of the cooperative, appoint a liquidation commission and establish the procedure and terms for liquidation.
Step 4
Publish a message in the local newspaper about the termination of the cooperative's activities and that all claims, including creditor claims, should be sent to the commission. Take steps to identify creditors and settle accounts receivable.
Step 5
After the expiration of the period intended for the presentation of claims by creditors, the liquidation commission draws up an interim liquidation balance sheet containing information on the composition of the cooperative's property, the list of creditors' claims, and the results of their consideration. The interim liquidation balance sheet is approved by the general meeting of the members of the cooperative.
Step 6
If the funds at the disposal of the organization are insufficient to pay off all the claims of creditors, the liquidation commission sells the property of the cooperative at auction. After completing all settlements with creditors, the commission draws up the final balance sheet, which must also be approved by the general meeting of its members.
Step 7
Liquidation is considered complete, and the cooperative is closed, if a corresponding entry is made in the Unified State Register of Legal Entities.
Step 8
If the meeting cannot make a decision, contact the court with a statement of claim. The process will be quick if you prove that mistakes were made when creating a cooperative, provided that these violations are irreparable. You can also reasonably refer to the fact that the organization is carrying out activities without the appropriate permission (or license), or activities prohibited by law, or has repeatedly violated the law.
Step 9
Initiate the bankruptcy procedure, but in modern conditions this process is very complicated and is always under the close supervision of the regulatory authorities. Assign the case to a practicing lawyer.
Step 10
Housing and housing construction cooperatives may also cease operations through reorganization. The general meeting of the members of the cooperative may carry out the accession, merger or transformation of the cooperative.
