Legal encyclopedia. Letter H

HERITAGE OF RIGHTS RELATED TO PARTICIPATION IN CONSUMER COOPERATIVE.

H. Such rights are regulated by the Civil Code of the Russian Federation. The composition of the inheritance of a member of the consumer cooperative is his share.

A consumer cooperative is a voluntary association of citizens and legal entities on the basis of membership in order to meet the material and other needs of the participants, carried out by combining its members' property shares.

The consumer co-operative belongs to non-commercial legal entities, the purpose of its activity is not the extraction of profit.

The purpose of creating a consumer cooperative is to carry out trade, procuring, production and other activities to meet the needs of its members.

The relationship between the consumer cooperative and its members is urgent in the event that a member of a housing, housing, dacha, garage or other consumer cooperative, other persons entitled to accumulation, having fully contributed their share contribution for an apartment, cottage, garage, or other The premises provided to these persons by the cooperative acquire the ownership of the said property.

The heir of a member of a housing, dacha or other consumer cooperative has the right to be accepted as a member of the corresponding cooperative, and such an heir can not be refused admission to the cooperative.

The heir retains the right to choose: either to join a cooperative - to become a member, or not to join a cooperative and demand payment of a share of the testator.

To recognize an association of citizens by a consumer cooperative, it is necessary that it conform to the following criteria:

1) voluntary association of citizens;

2) the purpose of creating a cooperative is to satisfy the needs of its participants;

3) income from the activities of the cooperative is distributed among its members;

4) free exit from the cooperative with payment of a share contribution;

5) after the unit has been paid in full, members of the cooperative may acquire certain property (apartment, garage, etc.) in the property;

6) subsidiary responsibility of members of the cooperative for the obligations of the latter.

Consumer cooperatives, depending on the purpose of creation and features of the activity, can be delineated into three groups:

1) consumer societies (procuring, trading, etc.), whose activities are regulated by the Law on Consumer Cooperatives;

2) agricultural cooperatives (horticultural, livestock, etc.) operating in accordance with the Law on Agricultural Cooperatives;

3) specialized cooperatives (housing, dacha, garage, etc.).

Separate legislative acts provide for specific features of N. rights associated with participation in certain types of consumer cooperatives.

In case of death of a member of the consumer credit cooperative, its heirs, if they are not members of the consumer credit cooperative of citizens and do not or can not become members of the consumer credit cooperative of citizens, the monetary value of the share of the property of the consumer credit cooperative of citizens corresponding to the share of the share contribution of the deceased member of the credit Consumer cooperative of citizens in the amount of shares of members of the credit consumer cooperative of citizens.

In case of death of the shareholder, its heirs can be admitted to the consumer society, unless otherwise provided by the charter of the consumer society. The consumer society can transfer to the heirs its share contribution and co-operative payments.

Heirs of the deceased shareholder, his share contribution and co-operative payments are transferred in the manner prescribed by the charter of the consumer society. The right to participate in general meetings of the consumer society and other rights of shareholders to these heirs is not transferred.

The question of who of the heirs can be accepted into the membership of the consumer cooperative in the case when the share of the testator passed to several heirs, as well as the procedure, methods and terms of payment to the heirs who did not become members of the cooperative, the sums due to them or the issuance of property in their place Nature are also determined by the legislation on consumer cooperatives and the constituent documents of the corresponding cooperative.

When determining the priority of admission to the cooperative, if there are several heirs, it seems that the advantage is enjoyed by persons who have lived together with the testator and used property together with it, which is planned to be acquired after the full payment of the share.

It is also possible to accept into the cooperative several heirs in the event of a division of the unit, as well as the acquired property.