What should we do when liquidating a DNT where we own a plot of land?

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Published: 09.22.2019

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The garden partnership is a non-profit legal entity created by the owners of garden plots for the purpose of organizing the supply of utility resources, protection and maintenance of the SNT territory.

• Reasons for the bankruptcy of SNT
• Procedure
• Consequences for owners

How to deal with non-payment of membership fees in SNT

Article 19 of Federal Law No. 66, called “On vegetable gardening, horticultural and dacha non-profit organizations,” says that each member of such associations must pay all membership and other necessary established fees.

• charter of a gardening non-profit partnership;
• minutes from the meeting, in which the exact amount of debt was established for specific time periods;
• certificate of debt;
• certificate of registration with the tax authorities;
• protocol on the appointment of the head of SNT;
• documents for the land that was allocated to the debtor SNT;
• certificate of membership in SNT.

SNT No. 5 – Open Joint Stock Company GAZ

So we complain to arbitration.
The arbitration tells us that we are not the founders of the bankruptcy order and therefore go through the woods. We complain to the Department of Economic Crimes. There are no docks, they are burned out and nothing can be installed.

Moreover, the accountant, as if nothing had happened, continues to make decisions, accept contributions through the cash register, distribute privatized shares, etc.

Kremlin, building 1 sub.2, Kazan, Republic of Tatarstan, 420014

when maintaining the minutes of the court session by arbitrator Miftakhutdinov R.T.,

having considered in open court the case of declaring insolvent

(insolvent (bankrupt)) gardening non-profit partnership "Spikelet", Naberezhnye Chelny

After the break, the temporary manager submitted a motion to terminate the proceedings due to the lack of assets.

Having studied the case materials, the minutes of the first meeting of creditors, and an analysis of the debtor’s financial position, the court established the following.

- on an appeal to the arbitration court with a petition to declare the debtor insolvent (bankrupt) and open bankruptcy proceedings;

— the remuneration to the bankruptcy trustee of the debtor has been established in the amount of 10,000 rubles for each month of exercising its own capabilities;

The first meeting of the debtor's creditors is valid as it was held in compliance with the requirements of Articles 12-15 of the Bankruptcy Law.

Based on the results of the analysis of the financial and economic functioning of the company, it was established that there are no signs of intentional bankruptcy.

The nominated candidates for the bankruptcy trustee of the debtor were not challenged in the approved manner.

According to clause 1 of Article 59 of the Bankruptcy Law, if nothing else is foreseen

The bankruptcy trustee of the debtor is S.E. Guskov. and a remuneration of 10,000 rubles is approved for him every month at the expense of the debtor’s assets.

Previously imposed arrests on the debtor’s property and other restrictions on the disposal of the debtor’s property are lifted.

To recognize the horticultural non-profit partnership "Kolosok", Naberezhnye Chelny, as insolvent (insolvent (bankrupt)).

The decision is executed immediately and can be appealed to the arbitration court of appeal within a month from the date of its adoption.

Liquidation of SNT

The regulatory document also stipulates that an institution such as SNT can cease to exist only in situations where all its participants agree with this decision. As a rule, this point causes additional difficulties. Because many owners simply ignore general meetings, and it is not always possible to notify them of the purposes of the consultations.

In accordance with the laws, the establishment of SNT is characterized by full control by its active participants. However, often due to disagreements with the management of the structure and other circumstances, there is a need for such a process as the liquidation of a horticultural institution. This issue has a lot of features, and is characterized by significant hassle and complexity, in contrast to such an operation as the liquidation of an individual entrepreneur, where everything will be relatively quick and simple.

Can I be prohibited from using TSN (SNT, DNP) roads?

Next, you need to inform the registration authority about the liquidation. The notification to the registration authority is made in writing in form P15001 and strictly within three working days after the date of the decision on liquidation. We are making this message so that the registration authority makes an entry in the Unified State Register of Legal Entities that the legal entity is in the process of liquidation.

The liquidation commission, on behalf of the liquidated association, acts as its authorized representative in government bodies, local government bodies and the court. 4.

It is on them that the establishment and management of the community is based, and only they have the right to decide what will happen to it next.

As for the negative consequences that all gardeners are afraid of: what if someone buys it and puts up barriers and takes money for travel to their own plot. This can indeed happen, but not legally. That is, until the first arrival of the police.

What are the consequences of leaving SNT

• Cap: written on the right side, indicating to whom the application is being written and from whom.
• “Statement” is written in the middle
• The text of the application itself is written, indicating the request for exclusion from members of the partnership, calculation of the share, a request to conclude an agreement, verify the contributions made and possible debt.
• At the end of the application, the period for its consideration should be indicated (usually a month is given).
• The conclusion is dated and signed by the applicant.
• Do not forget that the application is drawn up in two copies. The copy that remains with the applicant must be marked with the date and signature of the person who accepted the application.

• You can receive your share in the form of property or in the form of cash, which is made up of the value of the property.
• To understand the procedure for paying shares, you need to refer to the provisions of the Charter , which provide for the conditions and calculation of all due payments of shares in common property. The settlement can occur through payments in the form of cash or the share is issued in kind.
• If the internal documents do not spell out or provide for the conditions and procedure for settlements , then the parties can agree on terms beneficial to both parties.

Consequences for owners

After the termination of the activities of SNT, the owners of the plots should not have any difficulties, except for the need to personally contact the service companies and conclude an agreement with them for the supply of services - gas, water, electricity. But this is not the situation with every owner.

If an individual is considered a member of the community, then he is liable with property in proportion to his share of participation. Upon the dissolution of an organization, when dividing assets, a member of the organization receives part of the common shared property.

You can also leave your feedback below in the comments or ask a question to a free bankruptcy lawyer or share the information with friends on social networks.

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My situation is a little different. SNT has not actually existed since 2006, but it was officially excluded as a legal entity based on a tax decision in November 2011. In fact, today most of the plots are abandoned, but some - about 10 people continue to garden. Everyone has documents for the land, including abandoned ones.

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To use electricity, an agreement is required, but the energy sales company refuses to conclude an agreement with each person individually. They offer either go to a nearby village and indicate a different address in the green sheet or create a new cooperative.

SNT BANKRUPTCY - why it CANNOT be allowed

As a result, after 7 years of bankruptcy proceedings, in the summer of 2020 they were finally declared bankrupt and the procedure was completed. I had a chance to personally communicate with one of the land owners in SNT “Diana”, and so she still receives orders to initiate enforcement proceedings from bailiffs every six months, in the amount of 20 - 30,000 rubles for debts on membership fees and invoices debt to the creditors of the bankrupt SNT , because the bankruptcy trustees increased the debt so much during the bankruptcy procedure that there was not enough common property, and many owners actually pay with their property...

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SNT BANKRUPTCY - why it CANNOT be allowed.

In SNT “Diana” in the Volgograd region, it got to the point that SNT residents blocked the street in front of the administration due to the fact that the bankruptcy trustee deprived them all of electricity (more than 500 houses). And this is in winter... The issue seemed to be resolved, but a few months later the electricity was turned off again. In general, the story of SNT “Diana” found a wide public response; it was talked about a lot in the media and written in newspapers.

Also, Energosbyt’s requirements were based on an act signed by SNT watchman A. Zaitsev, who is not a duly authorized person in SNT to sign such documents, according to the agreement concluded by SNT with Energosbyt. Such documents could only be signed by the chairman of the SNT.

Unattended gardeners

According to various estimates, there are about 60 million gardeners in Russia, a more than impressive figure. Meanwhile, Federal Law No. 66, adopted in 1998, “On gardening, gardening and dacha non-profit associations of citizens,” is, by all accounts, hopelessly outdated.

According to the prime minister, the new bill systematizes the types of real estate that can be built on a plot of land. In particular, the bill proposes to abandon the concept of “residential building”, which is not provided for by the Housing Code. “The bill introduces the concept of a “garden house”, the placement of which does not require a building permit,” follows from the conclusion of the government commission on the bill.

Exiting SNT: pros and cons: exit procedure, application for exit, consequences of exit

In principle, leaving the SNT does not entail any negative consequences, unless a person wants to be elected in the future as chairman of this gardening partnership. However, here it is important to keep in mind the nuance that after leaving the cooperative membership, a person essentially loses the right to use general communications (electricity, central water supply). For this reason, the owner should definitely enter into an agreement with SNT after leaving SNT, which will give him the right to continue to use the existing communications. So, answering the question of whether it is possible to leave the SNT, one should confidently give a positive answer, since there are no legal prohibitions on this.

If we talk about how to legally correctly withdraw from SNT, then you must wait for confirmation of withdrawal, which occurs after the document is signed by the chairman of the cooperative. However, practice shows that after submitting an application, people usually do not wait for a decision, but act at their own discretion. After all, exit is a voluntary matter and no one can force a person, against his good will, to be part of the SNT. Sometimes there may be an agreement on withdrawal from SNT, a sample of which hangs in the partnership office, which should be kept in mind.

Snt brand new murmur failure

To quickly resolve your difficulty, we advise you to contact qualified lawyers on our website.

FREE CONSULTATIONS ARE AVAILABLE TO ALL PEOPLE AT THE DESIGNATED PHONE NUMBERS OR VIA CHAT MODE

As 47news was told by the Lomonosov district administration, at 5 o’clock in the afternoon on February 19, electricity began to be supplied to the gardening area near Ropsha. This

"Non-profit United Gardening Partnership Priroda"

Chairman of the Board of the Union of SNT (NPO) Razlivinskikh A.V. CONSCIOUSLY bringing the Union to bankruptcy.

1. Settlement agreement.
2. Observation.
3. Financial recovery.
4. external control.
5. Competition proceedings.

Surely there is a management organization, that’s great, there are specialists there, there are electricians, plumbers, an accountant, a secretary, a director, a deputy, etc.

All this continues until 2009, it is then that the initiative group tries to hold a general meeting of SNT members at which it turns out that we, i.e.

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The bankruptcy procedure usually lasts 7-10 years, during which time several bankruptcy trustees may change.

The failure of SNT - what it really is and why it CANNOT be allowed.

To add configurations to this page, you must send a request

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How to get out of SNT and what it threatens in 2020

This procedure cannot be avoided, since it is provided for by the current legislation on SNT. Here, the board of the partnership can abuse: by inflating prices for the use of the association’s property or even refusing (evading) the conclusion of such. All disagreements arising when drawing up an agreement are considered by the courts.

In the upper right corner write a heading: to whom you are addressing and from whom. In the middle is a statement. Next is the text directly asking to be excluded from membership in the partnership (if you wish, also ask to calculate the share and conclude an agreement). At the very end: date and signature of the applicant.

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on declaring the debtor (company) insolvent (bankrupt) and on opening bankruptcy proceedings

when keeping the minutes of the court session by arbitrator T.I. Besedina,

having considered the application of the Federal Federal Tax Service at the court hearing

on declaring insolvent (insolvent (bankrupt)) a horticultural non-profit

friendship "Quartz 4" Tavrichesky district of the Omsk region (Inn 5534005100),

from the Federal Tax Service of the Russian Federation - Mironov S.V. by power of attorney dated August 22, 2007;

The debtor did not appear at the hearing and did not submit a response to the application.

The court ruling sent to the debtor – SNT “Kvarts 4” – was returned by the communications authority without delivery with the note “no organization”.

The court hearing dated 08/11/2008 was adjourned in accordance with Article 163 of the Arbitration Procedural Code of the Russian Federation until 08/14/2008.

This allows the court to come to the conclusion that there is no entrepreneurial or

1. To declare insolvent (insolvent (bankrupt)) the horticultural non-profit partnership “Kvarts 4” of the Tavrichesky district of the Omsk region (Inn 5534005100).

— executive documents, the implementation of which ended in

— previously imposed arrests on the debtor’s property and other restrictions on the disposal of the debtor’s property are lifted.

10. The decision is subject to immediate execution and can be appealed to the Eighth Arbitration Court of Appeal within a month. after acceptance.

What are the risks of leaving the SNT?

The Charter of any SNT must define when and how membership in the SNT is terminated. If you take any standard charter that is published on the website on the Internet, you can read that: Membership in the Partnership is terminated: - from the date of termination of rights to the land plot that gave the right to membership in the Partnership; - from the date of submission of the application for withdrawal from the members of the Partnership; - from the date of death of a citizen who was a member of the Partnership; - from the date of adoption by the general meeting of members of the Partnership of a decision to exclude a citizen from the membership of the Partnership; - from the date of liquidation of the Partnership as a legal entity.

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Article 19 of Federal Law No. 66-FZ states: A member of a horticultural, gardening or dacha non-profit association has the right to: 9) voluntarily leave the horticultural, gardening or dacha non-profit association while simultaneously concluding with such association an agreement on the procedure for the use and operation of utility networks and roads and other common property. Article 1 of Federal Law No. 66-FZ states: a horticultural, vegetable gardening or dacha non-profit association of citizens (horticultural, vegetable gardening or dacha non-profit partnership, horticultural, vegetable gardening or dacha consumer cooperative, horticultural, vegetable gardening or dacha non-profit partnership) is a non-profit organization established by citizens on a voluntary basis to assist its members in solving general social and economic problems of gardening, vegetable farming and dacha farming (hereinafter referred to as a horticultural, vegetable gardening or dacha non-profit association); Based on the fact that membership in the SNT is voluntary, then leaving it is voluntary, and a member of the SNT is considered to have left from the moment of filing an application to leave the Partnership.

Conditions for declaring bankruptcy

The consequences of bankruptcy depend on the debt.

According to Articles 3 and 6 of Federal Law No. 127 “On Insolvency,” an organization has the right to file an application for declaring it bankrupt in the presence of the following circumstances:

• the amount of debt exceeds 300 thousand rubles;
• the debt repayment delay lasts more than 3 months.

The procedure is carried out only by decision of the Arbitration Court.

The following have the right to go to court:

• owners of plots in SNT;
• authorized person or body of the partnership - chairman, general meeting.

Large debt can lead to bankruptcy.

The main reasons for insolvency and subsequent liquidation are:

• the decision of the participants to reorganize into a rural settlement;
• increase in the cost of construction of general infrastructure facilities;
• tax debt;
• failure to enter information into the Cadastral Register about new participants.

What happens to SNT during bankruptcy?

If a gardening partnership is declared an insolvent debtor, then the following happens:

• any activity of the non-profit organization is terminated;
• common property is divided among land owners regardless of membership in the partnership;
• the division is carried out in proportion to the footage of the plot owned by the summer resident;
• debt obligations are subject to division in proportion to the share of the allotment.

Real estate located on the territory of SNT and previously owned by the organization is not subject to foreclosure. It is transferred to common shared ownership of land owners.

Stages of the procedure

The process takes place in several stages:

1. Settlement agreement. The debtor and the credit institution, coming to a compromise regarding the return of funds, agree to extend the debt liquidation period, terminate obligations or change the terms of loan repayment. The signing of a settlement agreement can occur at any stage of the procedure. The judge accepts the demands of the participants for such an outcome of the case.
2. Monitoring. Introduced by court decision. The organization’s property is assessed, the amount of debt and the number of creditors are calculated, and measures are taken to preserve the legal entity’s assets. The SNT is headed by an appointed manager.
3. Material recovery. Bankruptcy is introduced for the purpose of financial recovery. During this period, all expenditure transactions are completed.
4. External control. Lasts 1.5 years. The period can be extended by six months. The responsible person develops an action plan to ensure material well-being. Within the framework of the compiled algorithm, the manager has the right to dispose of the property of the partnership. Based on the results of activities, the court issues a conclusion on the termination of management upon the fulfillment of obligations, due to the restoration of the ability to pay, on the organization of bankruptcy proceedings.
5. Competition proceedings. The organization's property is sold and debt obligations are settled.

If the funds from the sold property are not enough to cover the debts, they are written off automatically after the organization is declared insolvent

Features of leaving a garden partnership

The conclusion of an agreement is the most difficult moment in the procedure for leaving the SNT. It is over this document that most disputes arise, leading to litigation. Legislation assigns to a gardener who runs a farm outside of gardening the right to use the latter’s common property.

As a general rule, civil contracts are of an urgent nature. This means that the validity of such agreements continues for a certain period of time specified in them, or until a certain point agreed upon by the parties to the agreement or prescribed by law.

Is it necessary to leave SNT?

The only limitation is set in paragraph. 4 p. art. 8 of the Federal Law of 04/15/1998 N 66-FZ (as amended on 01/31/2020) “On horticultural, gardening and dacha non-profit associations of citizens”, according to which the amount of fees for the use of infrastructure facilities and other common property of horticultural, gardening or dacha non-profit association for citizens engaged in gardening, horticulture or dacha farming on an individual basis, provided that they make contributions for the acquisition (creation) of the specified property cannot exceed the amount of payment for the use of the specified property for members of such an association.

By virtue of Art. 1 of the Federal Law of April 15, 1998 N 66-FZ (as amended on January 31, 2020) “On horticultural, gardening and dacha non-profit associations of citizens”, the common use property of SNT, DNT is recognized as property (including land plots) intended to provide within the territory of a horticultural, gardening or dacha non-profit association, the needs of members of such a non-profit association for passage, travel, water supply and sanitation, electricity, gas supply, heat supply, security, recreation and other needs (roads, water towers, common gates and fences, boiler rooms, children's and sports grounds, waste collection areas, fire-fighting structures, etc.).

Gardening life in bankruptcy mode

To do this, it is necessary to oblige everyone to post personal meters on the street, and to take away plots from debtors through the courts. But it is impossible to remove the chairman. His wife is the sister of the city mayor (or rather, an ex-wife and the sister of a former mayor). The charter stipulates the absence of a quorum. That is, the chairman with a pocket board makes any decisions. And all those new to gardening are assigned the status of “non-members” with no membership card (and they still have to pay annual dues).