Associations of summer residents are trying out new organizational and legal forms. Converting SNT to TSN Do SNT need to be converted to TSN

On September 1, 2014, the Federal Law amending the Civil Code came into force. According to the letter of this law, it is no longer possible to register an HOA or SNT; instead of all these forms of organization of owners, the legislation provides for a partnership of real estate owners - TSN. But the existing HOAs and SNTs at the time the amendments came into force were not abolished; they continue to operate. What is the difference between old and new forms of organizations?

What do the abbreviations stand for?

HOA is a homeowners' association, the Russian answer to American condominiums. An HOA is a non-profit association of owners of apartments in multi-apartment buildings or owners of neighboring houses with plots. The purpose of creating an HOA is to effectively manage the common economy. The territory or areas are in common ownership, and the partnership is called upon to rationally manage the property. Representatives of the HOA collect funds for the repair of entrances and elevators, and resolve issues of renting out common premises or land. In practice, not all people who purchase apartments in buildings with an HOA are delighted with the idea of making membership fees or chipping in for renovations.
SNT is a horticultural non-profit partnership. It is approved by the owners of garden plots on a voluntary basis; the purpose of creating a partnership is to solve common social and economic problems, for example, infrastructure development, waste removal. It is an officially registered organization with its own charter and governing bodies, which are elected at general meetings.
DNP is a dacha non-profit partnership, the closest analogue of SNT with some differences.
GSK is a garage and construction cooperative. One of the forms of consumer cooperative, uniting car owners. The task of the cooperative is to protect the interests of motorists and provide conditions for storing personal vehicles.
Housing cooperative is a housing construction cooperative that unites people or organizations for the construction and management of housing.
TSN is a partnership of real estate owners. TSN combines all of the above forms of organization, with the exception of cooperatives. According to amendments to the Civil Code of the Russian Federation, from September 1, 2014, partnerships of real estate owners were to completely replace HOAs and SNTs.

The changes slightly affected partnerships created before September 1, 2014, but the documents must be brought into line with the new standards. For example, if participants in an HOA or SNT wish to make changes to the charter this year, the document must be reissued in accordance with the amendments. At a minimum, this implies that the name of the legal entity should not indicate the HOA or SNT, but the “association of real estate owners.” Changing the name of a legal entity in the charter does not affect other documents that contain the old abbreviation, that is, the certificate of state registration, etc., does not need to be redone.

What is the difference?

TCH is a broader concept than a homeowners' association. You probably noticed that the goal of creating any type of partnership is the same: effective management of common property, solving social and economic problems. In all cases there is a charter, governing bodies, general meetings and membership fees. TSN can act as an association of owners of premises in multi-apartment buildings, owners of summer cottages and residential buildings, garages, gardening and vegetable gardening areas. The Charter specifies the name, legal address, subject and purpose of creating the partnership, composition and competence of the management bodies.

The transition from HOAs and SNTs to partnerships of real estate owners was intended to simplify legal procedures. In addition, not only home owners, but also owners of commercial and non-residential premises can unite in TSN. Their influence is increasing, they receive a large percentage of votes at general meetings.

There is another significant difference between TSN and other forms of organization: the board has broader powers and may not consult with the general meeting on important issues. The disadvantages of TSN include the fact that such organizations do not have the right to a simplified taxation system, which homeowners' associations enjoyed.

The partnership is not liable for the obligations of its participants, and the participants are not liable for the obligations of TSN. By decision of the owners, the partnership can be transformed into a consumer cooperative.

Consumer cooperatives

What is the difference between TSN and consumer cooperatives, which can be, for example, GSK or housing cooperative? Does it make sense to convert an owner's association into a cooperative?

The difference is significant. To establish a TSN, a decision of the majority of owners is required; to create a housing cooperative, a decision of at least five people wishing to join the cooperative is required. Unlike a cooperative, if more than half of the owners leave the partnership, the remaining members will be required to dissolve it.

The governing bodies in both cases are structured in a similar way, but decisions are made differently. In TSN, the “weight” of each participant depends on the share in the common property, while in a cooperative one member has one vote, regardless of how many square meters he owns. In addition, the income of the cooperative is distributed among all its members, which cannot be said about TSN. But no one except the cooperative members can obtain information about its activities - the work of partnerships is more transparent, information is available to a wide range of people.

In TSN, membership fees are not related to the participant’s voting rights; in cooperatives, shares are paid instead of membership fees, and only those who have fully contributed a share have the right to vote. Plus, if to join TSN you need to be the owner of real estate, then to join the cooperative you need to be a legal entity or simply an adult who wants to purchase property. Leaving TSN is as easy as shelling pears - along with the real estate, you automatically part with TSN. Sold an apartment in the house? By default, you were removed from the membership of the partnership. The cooperative does not let go so easily: in order to leave the housing cooperative, you need to make some effort.

About real estate owners' associations in television programs

The lawyer talks about the transition from the most common form of horticultural non-profit associations of citizens - horticultural non-profit partnerships (SNT) - to real estate owners' partnerships (TSN). What is the difference between these forms?

Federal Law No. 99-FZ dated May 5, 2014, which came into force on September 1, 2014, amended chapter four “Legal entities” of part one of the Civil Code of the Russian Federation.

Since September 1, 2014, there is no such organizational and legal form as SNT for newly created horticultural non-profit associations of citizens and new associations receive the status of partnerships of real estate owners.

According to paragraph 7 of Article 3 of the Federal Law of 05.05.2014 No. 99-FZ, the constituent documents, as well as the names of legal entities created before the date of entry into force of the said Federal Law, are subject to being brought into compliance with the norms of Chapter 4 of the Civil Code of the Russian Federation upon the first change constituent documents of such legal entities. Changing the name of a legal entity in connection with bringing it into compliance with the norms of Chapter 4 of the Civil Code of the Russian Federation does not require changes to the title and other documents containing its previous name. The constituent documents of such legal entities, until they are brought into compliance with the norms of Chapter 4 of the Civil Code of the Russian Federation, are valid to the extent that they do not contradict these norms.

In other words, the constituent documents of SNT created before the date of entry into force of Federal Law No. 99-FZ dated 05.05.2014 are subject to being brought into compliance with the new norms of the Civil Code of the Russian Federation (as amended by the above Law) upon the first amendment to the constituent documents of these legal entities persons

The legislation does not establish any deadlines for making changes.

Paragraph 8 of Article 3 of Federal Law No. 99-FZ dated May 5, 2014 states that from the date of entry into force of this Law, the norms of Chapter 4 of the Civil Code of the Russian Federation are applied to horticultural, gardening and dacha non-profit partnerships created before the date of its entry into force ( as amended by the Federal Law of May 5, 2014 No. 99-FZ) on partnerships of real estate owners (Articles 123.12-123.14 of the Civil Code of the Russian Federation).

In accordance with paragraph 12 of Article 3 of Federal Law No. 99-FZ dated May 5, 2014, when registering changes to the constituent documents of legal entities in connection with bringing these documents into compliance with the norms of Chapter 4 of the Civil Code of the Russian Federation, no state fee is charged.

What is the difference between SNT and TSN?

According to paragraph 2 of Article 123.13 (Property of a partnership of real estate owners) of the Civil Code of the Russian Federation, public objects in horticultural, gardening and dacha non-profit partnerships belong to the members of the corresponding partnership of real estate owners on the right of common shared ownership. This is one of the differences between TSN and SNT. By virtue of Article 4 of the Federal Law of April 15, 1998 No. 66-FZ “On horticultural, gardening and dacha non-profit associations of citizens” in SNT, property of common use can be the property of the partnership as a legal entity, or the joint property of SNT members if it was acquired at the expense of special funds contributions. After amendments were made to the Civil Code of the Russian Federation, which came into force after the adoption of Federal Law No. 99-FZ of May 5, 2014, common use objects in partnerships of real estate owners belong to TSN members on the right of common shared ownership.

In accordance with paragraph 3 of Article 123.13 of the Civil Code of the Russian Federation, the share in the right of common ownership of public objects in a gardening, gardening or dacha non-profit partnership of the owner of a land plot - a member of such a non-profit partnership follows the fate of the ownership of the specified land plot. Previously, in accordance with paragraph 1 of Article 19 (Rights and obligations of a member of a gardening, vegetable or dacha non-profit association) of Federal Law No. 66-FZ of April 15, 1998, a member of the SNT had the right, when alienating a garden, vegetable or dacha land plot, to simultaneously alienate a share of the property to the acquirer for general use as part of a horticultural, gardening or dacha non-profit partnership in the amount of targeted contributions. After the entry into force of Federal Law No. 99 FZ dated May 5, 2014, we see that the legislator prescribed in the law alienation of a share in the right to common property simultaneously with the alienation of a land plot.

Now, when alienating a land plot, a member of a partnership cannot retain the right to a share in the common property. Ownership of this share passes to the buyer of the land plot simultaneously with the transfer of ownership of the plot itself.

Also, some changes affected the early termination of the powers of the permanent bodies of the partnership. Article 123.14 (Features of management in a partnership of real estate owners) of the Civil Code of the Russian Federation states that by decision of the supreme body of the partnership of real estate owners (general meeting of members), the powers of the permanent bodies of the partnership can be terminated early in cases of gross violation of their duties, revealed inability to properly conduct cases or if there are other serious reasons. Federal Law No. 66-FZ of April 15, 1998, in principle, did not provide for the early termination of the powers of the permanent bodies of the partnership (board and chairman) on such grounds.

1.1. This document defines the policy of Limited Liability Company "" (hereinafter referred to as the Company) regarding the processing of personal data.

1.2 This Policy has been developed in accordance with the current legislation of the Russian Federation on personal data.

1.3 This Policy applies to all processes of collection, recording, systematization, accumulation, storage, clarification, extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data carried out using automation tools and without the use of such means.

1.4. The policy is strictly followed by the Company's employees.

Definitions

Personal Information- any information relating to a directly or indirectly identified or identifiable individual (subject of personal data);

operator- state body, municipal body, legal entity or individual, independently or jointly with other persons organizing and (or) carrying out the processing of personal data, as well as determining the purposes of processing personal data, the composition of personal data to be processed, actions (operations) performed with personal data;

processing of personal data- any action (operation) or set of actions (operations) performed using automation tools or without the use of such means with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data;

automated processing of personal data- processing of personal data using computer technology;

dissemination of personal data- actions aimed at disclosing personal data to an indefinite number of persons;

provision of personal data- actions aimed at disclosing personal data to a certain person or a certain circle of persons;

blocking of personal data- temporary cessation of processing of personal data (except for cases where processing is necessary to clarify personal data);

destruction of personal data- actions as a result of which it becomes impossible to restore the content of personal data in the personal data information system and (or) as a result of which material media of personal data are destroyed;

depersonalization of personal data- actions as a result of which it becomes impossible to determine the ownership of personal data to a specific subject of personal data without the use of additional information;

personal data information system- a set of personal data contained in databases and information technologies and technical means that ensure their processing.

Principles and conditions for processing personal data

3.1. The processing of personal data is carried out on the basis of the following principles:

1) The processing of personal data is carried out on a legal and fair basis;

2) The processing of personal data is limited to the achievement of specific, predetermined and legitimate purposes. Processing of personal data that is incompatible with the purposes of collecting personal data is not permitted;

3) It is not allowed to combine databases containing personal data, the processing of which is carried out for purposes incompatible with each other;

4) Only those personal data that meet the purposes of their processing are subject to processing;

6) When processing personal data, the accuracy of personal data, their sufficiency, and, if necessary, relevance in relation to the stated purposes of their processing are ensured.

7) The storage of personal data is carried out in a form that makes it possible to identify the subject of personal data no longer than required by the purposes of processing personal data, unless the period for storing personal data is established by federal law, an agreement to which the subject of personal data is a party, beneficiary or guarantor. The processed personal data is subject to destruction or depersonalization upon achievement of the processing goals or in the event of loss of the need to achieve these goals, unless otherwise provided by federal law.

8) The Company in its activities proceeds from the fact that the subject of personal data provides accurate and reliable information during interaction with the Company and notifies Company representatives about changes in his personal data.

3.2. The company processes personal data only in the following cases:

processing of personal data is carried out with the consent of the subject of personal data to the processing of his personal data;
the processing of personal data is carried out in connection with the participation of a person in constitutional, civil, administrative, criminal proceedings, proceedings in arbitration courts;
processing of personal data is necessary for the execution of a judicial act, an act of another body or official that is subject to execution in accordance with the legislation of the Russian Federation on enforcement proceedings (hereinafter referred to as the execution of a judicial act);
processing of personal data is necessary for the execution of an agreement to which the subject of personal data is a party or beneficiary or guarantor, as well as for concluding an agreement on the initiative of the subject of personal data or an agreement under which the subject of personal data will be a beneficiary or guarantor;
the processing of personal data is necessary to protect the life, health or other vital interests of the subject of personal data, if obtaining the consent of the subject of personal data is impossible;

3.4. The company has the right to entrust the processing of personal data of citizens to third parties on the basis of an agreement concluded with these persons.
Persons processing personal data on behalf of Start Legal Company LLC undertake to comply with the principles and rules for the processing and protection of personal data provided for by Federal Law No. 152-FZ “On Personal Data”. For each person, a list of actions (operations) with personal data is determined that will be performed by the legal entity processing personal data, the purposes of processing, the obligation of such a person to maintain confidentiality and ensure the security of personal data during their processing is established, and requirements for the protection of processed personal data are specified. data.

3.5. If the Company entrusts the processing of personal data to another person, the Company is responsible to the subject of personal data for the actions of the said person. The person processing personal data on behalf of the Company is responsible to the Company.

3.6. The Company does not make decisions based solely on automated processing of personal data that give rise to legal consequences in relation to the subject of personal data or otherwise affect his rights and legitimate interests.

3.7. The company destroys or depersonalizes personal data upon achieving the purposes of processing or in the event of the loss of the need to achieve the purpose of processing.

Subjects of personal data

4.1. The company processes personal data of the following persons:

employees of the Company, as well as entities with whom civil contracts have been concluded;
candidates to fill vacant positions in the Company;
clients of LLC Legal Company "Start";
users of the website of LLC Legal Company "Start";

4.2. In some cases, the Company may also process personal data of representatives of the above-mentioned personal data subjects authorized on the basis of a power of attorney.

Rights of personal data subjects

5.1. The subject of personal data whose data is processed by the Company has the right to:

5.1.1. Receive from the Company within the time limits provided for by law the following information:

confirmation of the fact of processing of personal data by LLC Legal Company “Start”;
on the legal grounds and purposes of processing personal data;
about the methods used by the Company for processing personal data;
about the name and location of the Company;
about persons who have access to personal data or to whom personal data may be disclosed on the basis of an agreement with LLC Legal Company "Start" or on the basis of federal law;
a list of processed personal data relating to the citizen from whom the request was received and the source of its receipt, unless a different procedure for providing such data is provided for by federal law;
about the terms of processing of personal data, including the periods of their storage;
on the procedure for a citizen to exercise the rights provided for by the Federal Law “On Personal Data” No. 152-FZ;
name and address of the person processing personal data on behalf of the Company;
other information provided for by the Federal Law “On Personal Data” No. 152-FZ or other federal laws.

5.1.2. Request clarification of your personal data, their blocking or destruction if the personal data is incomplete, outdated, inaccurate, illegally obtained or is not necessary for the stated purpose of processing.

5.1.3. Withdraw your consent to the processing of personal data.

5.1.4. Demand the elimination of unlawful actions of the Company in relation to his personal data.

5.1.5. Appeal the actions or inaction of the Company to the Federal Service for Supervision of Communications, Information Technology and Mass Communications or in court if a citizen believes that LLC Legal Company “Start” is processing his personal data in violation of the requirements of Federal Law No. 152- Federal Law “On Personal Data” or otherwise violates his rights and freedoms.

5.1.6. To protect your rights and legitimate interests, including compensation for losses and/or compensation for moral damage in court.

Responsibilities of the Company

6.1. In accordance with the requirements of Federal Law No. 152-FZ “On Personal Data”, the Company is obliged to:

Provide the subject of personal data, upon his request, with information regarding the processing of his personal data, or, on legal grounds, provide a reasoned refusal containing a reference to the provisions of the Federal Law.
At the request of the personal data subject, clarify the processed personal data, block or delete if the personal data is incomplete, outdated, inaccurate, illegally obtained or is not necessary for the stated purpose of processing.
Keep a log of requests from personal data subjects, which should record requests from personal data subjects to receive personal data, as well as facts about the provision of personal data in response to these requests.
Notify the subject of personal data about the processing of personal data if the personal data was not received from the subject of personal data.

The following cases are exceptions:

The subject of personal data is notified of the processing of his personal data by the relevant operator;

Personal data was obtained by the Company on the basis of federal law or in connection with the execution of an agreement to which the subject is a party or beneficiary or guarantor.

Personal data was obtained from a publicly available source;

Providing the subject of personal data with the information contained in the Notice of processing of personal data violates the rights and legitimate interests of third parties.

6.2. If the purpose of processing personal data is achieved, the Company is obliged to immediately stop processing personal data and destroy the relevant personal data within a period not exceeding thirty days from the date of achieving the purpose of processing personal data, unless otherwise provided by the agreement to which the subject is a party, beneficiary or guarantor personal data, another agreement between the Company and the subject of personal data, or if the Company does not have the right to process personal data without the consent of the subject of personal data on the grounds provided for by No. 152-FZ “On Personal Data” or other federal laws.

6.3. If the subject of personal data withdraws consent to the processing of his personal data, the Company is obliged to stop processing personal data and destroy personal data within a period not exceeding thirty days from the date of receipt of the said withdrawal, unless otherwise provided by an agreement between the Company and the subject of personal data. The Company is obliged to notify the subject of personal data about the destruction of personal data.

6.4. If a subject receives a request to stop processing personal data in order to promote goods, works, and services on the market, the Company is obliged to immediately stop processing personal data.

6.5. The company is obliged to process personal data only with the written consent of the subject of personal data, in cases provided for by Federal Law.

6.7. The company is obliged to explain to the subject of personal data the legal consequences of refusal to provide his personal data if the provision of personal data is mandatory in accordance with Federal Law.

6.8. Notify the subject of personal data or his representative about all changes concerning the corresponding subject of personal data.

Information about the measures taken to protect personal data

7.1. When processing personal data, the Company takes the necessary legal, organizational and technical measures to protect personal data from unauthorized or accidental access, destruction, modification, blocking, copying, provision, distribution of personal data, as well as from other unlawful actions in relation to personal data.

7.2. Ensuring the security of personal data is achieved, in particular:

identifying threats to the security of personal data during their processing in personal data information systems;
application of organizational and technical measures to ensure the security of personal data during their processing in personal data information systems necessary to fulfill the requirements for the protection of personal data, the implementation of which ensures the levels of personal data security established by the Government of the Russian Federation;
the use of information security means that have passed the compliance assessment procedure in accordance with the established procedure;
assessing the effectiveness of measures taken to ensure the security of personal data before putting into operation the personal data information system;
taking into account computer storage media of personal data;
detecting facts of unauthorized access to personal data and taking measures;
restoration of personal data modified or destroyed due to unauthorized access to it;
establishing rules for access to personal data processed in the personal data information system, as well as ensuring registration and accounting of all actions performed with personal data in the personal data information system;
control over the measures taken to ensure the security of personal data and the level of security of personal data information systems.
assessment of the harm that may be caused to subjects of personal data in the event of a violation of the legislation of the Russian Federation in the field of personal data, the relationship between this harm and the measures taken aimed at ensuring compliance with the legislation of the Russian Federation in the field of personal data.

– a non-profit association of citizens created on their initiative to conduct subsistence farming (growing fruits, berries and agricultural crops) and enjoy the fruits of their labors.

In some cases, it may be necessary to change the legal component of such a company. The reasons for this are:

Merging an organization with other structures.
The need to change the constituent documents and rules for the use of land resources.
Liquidation of the original structure for more effective use of partnership opportunities. For example, reorganization into a consumer cooperative to open representative offices in the regions and more successfully sell agricultural products.
Initiative of members and participants of the organization.
Resolution of the management committee of the partnership.
Other grounds determined by the community charter.

Forms of reorganization of a gardening partnership

According to the laws reorganization of a dacha or gardening partnership can be done in the following ways:

Change of legal form(transformation). This method is used to acquire additional capabilities in certain areas of activity and management. The organizational and legal form of the community can be changed to:

Full partnership.
Limited Liability Company.
Public or non-public joint stock company.
Production cooperative.
Economic partnership.
Public organization.
Consumer cooperative.
Private institution.
Autonomous non-profit organization.
Owners Association.

Merge form. Used when joining two or more dacha structures. At the same time, meetings are held at which the corresponding decision is approved by majority vote those present. During a merger, one, several or all companies are liquidated, and a new organization is formed on their basis, or the rights to manage and dispose of property are transferred to the remaining community.
Joining form. In such a reorganization, one company absorbs the assets of others. In this case, the merging teams legally cease to exist.
Form of separation. Used when delineating rights to use common property. Adopted at a general meeting when agreeing on the overriding provisions for the division of property by drawing up a transfer deed.
Selection form. A new organization is formed that receives part of the assets and property of the parent company. The original structure cannot be changed and does not need to be re-registered.

The reorganization is recognized as completed after (exception: when joining, it is not necessary to formalize the dominant structure). If the rights and legitimate interests of the company's participants are not satisfied, they can file a claim in court within three months from the moment the situation is established (the date of the general meeting and approval of the protocol on the reorganization).

The procedure for reorganizing a gardening (dacha) partnership

The procedure for changing the legal component gardening partnership regulated by the norms of the Civil Code of the Russian Federation.

The main stages of this procedure:

Decision to reorganize the structure at the initiative of citizens (members and founders), management (chairman, collegial council) or representatives of the municipality.
Carrying out general meeting or meetings of the competent commission. Based on them, a protocol or regulation is formed.
Decor deed of transfer or separation balance sheet. Adopted by the management team or a select circle of interested parties at a general meeting.
If the requirement is satisfied, an application for registration is submitted to the regional office RosReestra. When registering, attach the necessary documents (protocol, current charter and its developed version, application, deed of transfer).
Waiting for three months(limitation period).
Registration of the transfer of property rights and receipt of certified documentation in RosReestr.

If, when two structures merge, their total cash fund is more than 7 billion rubles, or the total income from product sales is calculated in the amount of 10 billion rubles or more - it is necessary to obtain permission for reorganization from the regional municipality.

Consequences of the reorganization of the gardening partnership

At community reorganization the old charter is liquidated, with the exception of annexation or separation for the dominant organization. The rights and obligations of the members of the partnership are retained by them, but on new grounds, in accordance with the adopted provisions of the constituent document.

Transfer deed or the separation balance sheet is approved by the general meeting of members and founders or the composition of the competent commission appointed for the reorganization.

Members of the changed partnership automatically receive rights and powers in the new community. If, when determining the separation balance, problems arise regarding the appointment of a successor for some property, the formed company is jointly and severally liable for such issues.

An example on the specifics of reorganizing a gardening (dacha) partnership

The Mayak horticultural association, under the leadership of Igor Mikhailovich Zhukov, decided to merge with the neighboring Gornyak partnership. In both structures it was carried out general meeting of their members, which confirmed the possibility of carrying out such a procedure.

At the meeting, the transfer act and minutes of the event were approved. With these documents, the appointed chairman submitted a written application for registration in RosReestr. After 3 months the registration was completed. During this period, executive activities were entrusted to the elected delegate of the dacha associations.

Conclusion

Reorganization of a dacha partnership carried out in accordance with the Civil Code of the Russian Federation and is subject to mandatory registration. Changes in the legal structure of a community occur in the following ways:

Transformation.
Merger.
Joining.
Selection.
Separation.

The most popular question and answer regarding the specifics of the reorganization of a gardening (dacha) partnership

Question: Hello. My name is Lyubov Petrovna. Our dacha association did not pay the state. Now representatives of the mayor's office have arrived and say that our organization is subject to liquidation. What to do in this case?

Answer: Good afternoon, Lyubov Petrovna. According to Federal Law No. 66“On dacha non-profit associations of citizens”, if your community is liquidated, you will remain the full owner of the dacha. But, before cessation of activity, you can gather an initiative group of citizens, apply to the municipality for the opportunity to reorganize the dacha structure, obtain the appropriate permission and hold a general meeting.