Consultation on documentary confirmation of the right to a property and on registration when the member of collective agricultural enterprise became the owner of a property share is granted.
The member of collective agricultural enterprise became the owner of a property share. What documents should confirm the right to a property and as they are correct for issuing, we and will tell in this consultation.
Issue of certificates
Ownership right on property shares udostoveryaetsya the Certificate on an ownership right on a property share of the member of KSP (the property certificate) (further – the Certificate) which stands out according to the Decree No. 62 and the Resolution No. 177. Period of validity of the Certificate isn’t established by the legislation, i.e. it is termless.
The certificate stands out village, settlement or city council according to the list of the persons having the right to a property share of the enterprise (further – spisok), and makes sure an official stamp and the signature of the chairman of the board.
Legalized papers are registered in the Book of the accounting of the issued certificates which is conducted by the relevant council. Its form is given in the Letter No. 3923.
The new Certificate stands out only in case of a priyoobreteniye in a property of a property share (its part) on the basis of the contract meny, donation and other civil-law agreements (for example, purchase and sale), and also inheritance, otherwise, if the owner changes.
On the basis of such civil-law contract and the Certificate relevant council:
• does a mark in the Book of the accounting of the issued certificates and the list about transition of an ownership right to this share to other person;
• grants the new Certificate to the new owner;
• registers the new Certificate in the mentioned Book of the account.
As certificates stand out according to the list, I will note some important points, svyazanyony with its drawing up.
1. The list is made by the commission on the organization of the solution of the property questions arising in processe of reforming of agrarian sector of economy (further – the commission on the organization), and affirms
meeting of members of the enterprise which are co-owners of its property (further – meeting of co-owners).
The commission on the organization is elected meeting of co-owners. The standard provision on this commission is approved by the Resolution No. 177.
2. The list joins all members of the enterprise
(KSP), and also persons for whom according to a zakonoyodatelstvo the right to a property share (are listed in Order No. 177 item 4) remains. Into it enter:
• pensioners;
• women who are in holiday in connection with pregnancy and childbirth and on holiday for care of the child;
• successors of the died persons who had the right to a property share.
According to the solution of meeting of co-owners in the list can be brought and other categories of persons.
3. The right to share fund of property of KSP depends on a labor contribution of the member of KSP. A labor contribution opredelyaetsya taking into account compensation for all years of work in KSP according to the Technique No. 274, and the sizes of individual property shares – according to the Technique No. 252.
Specification of the size of share fund
The sizes of shares of members of the enterprise are specified in sluchayax, provided items 10 of the Order No. 177. Them treat:
• return to share fund of property of the enterprise which was in tax pledge and prednaznachalos, but wasn’t used for repayment of the tax arrears and collecting (obyazayotelny payments) in budgets and the state specialized funds in connection with write-off of this zadolyozhennost according to the legislation;
• change of cost of share fund of property taking into account the prices for date of its establishment;
• property allocation in nature to separate sovlayodelets for the period which has passed after reorganization of the enterprise.
Specification is made on the basis of the Technique No. 177 at those enterprises where process of a raspayevaniye of property isn’t complete and properly aren’t issued and these rights aren’t realized. I will notice that at specification of cost of share funds follows rukovodstvovatsya also Recommendations No. 174.
The decision on the one who will be engaged in specification of a stoiyomost of property of share fund, accepts meeting of co-owners. According to item 4 of Recommendations No. 174 it can be:
• working group of the commission on the organization;
• the commission on property value specification, sozdayovayemy by order of the head of the enterprise-pravoyopreemnika or other enterprise – the user of property. Having executed calculations, it transfers them in the commission on the organization;
• the independent expert-appraiser who prepares ekyospertny specification of property value and submits it to the commission on the organization.
After completion of work the report is made, in the koyotory results of calculations are generalized. The commission on the organization in 5-day term considers the report on specification of property value and together with materialami to inventories submits it on the adoption of meeting of co-owners.
The new Certificate in this case doesn’t stand out. On a reverse side of the "old" certificate the inscription becomes:
The specified cost of a share as of __ _____ makes 2007 ______ hryvnias.
The inscription is certified by the signature of the head of the predpriyoyatiya-assignee (user) and the press.
Property delivery on account of a property share
Property delivery in nature to the specific owner is carried out on the basis of his statement according to the solution of general meeting of co-owners. Property lists for allocation of property shares which are left general meeting for this purpose prepare. The order of a documentary oformyoleniye of this process is stated in the Letter No. 3923. Let’s consider it step by step.
Stage 1. Meeting of co-owners approves the property list for allocation in nature.
Stage 2. No later than 10 days from the date of the approval of the list the commission on the organization transfers to the predyopriyatiyu-assignee (user) the list of co-owners and the list of property, prednaznachenyony for allocation, and a copy of these documents – in the relevant council.
Stage 3. The enterprise (the user of property) signs the drawn up statement of acceptance – cessions of property, withdraws the Certificate and makes on it such entry about property delivery in nature:
On account of a property share the following property is given out: ____________________________ on summu ____ hryvnias (according to the act of acceptance transfer of No. ____ from __ _________ 2007).
Record is certified by the signature of the head a predpriyoyatiya and the press.
Stage 4. The enterprise which has given out property on account of a property share, within 5 days from the date of a podpiyosaniye of the act transfers to the council which has issued Svidetelyyostvo, a copy of the act and the Certificate with a mark about property delivery in nature.
Stage 5. Local council on the basis of these documents does a mark about receiving property in nature in Book of the account and the list of persons which have the right to an imushchestyovenny share of the reorganized enterprise. After that the Certificate comes back to the owner.
On the basis of the act of acceptance transfer and the extinguished Certificate at need (for example, at allocation of fast estate) it is possible to make the documents certifying an ownership right.
In case of default of the decision of co-owners about a vyyodeleniye the enterprise assignee (polzovateyoly) property in nature to the owner of a property share further protection of the rights of the owner is solved in a judicial order.
List of documents
1. The decree No. 62 – the Presidential decree of Ukraine from 29.01.01 of No. 62/2001 About measures for ensuring protection of laws of estate of peasants in the course of reforming of agrarian sector of economy.
2. The resolution No. 177 – the resolution KMU from 28.02.01 of No. 177 About settlement on ensuring protection of laws of estate of peasants in the course of reforming of agrarian sector of economy.
3. An order No. 177 – the Order of determination of the sizes of property shares of members of collective agricultural predyopriyatiya and their documentary certificate, approved by the resolution KMU from 28.02.01 of No. 177.
4. Recommendations No. 174 – Recommendations about specification of property value which makes share funds of members of collective agricultural enterprises, including reorganized, approved by Minagropolitika Ukrainy’s order from 21.06.01 of No. 174.
5. A technique No. 252 – the Design procedure of the sizes of individual property shares of members of the collective selskokhozyaystvenyony enterprises, including reorganized, approved by Minagropolitika Ukrainy’s order from 07.06.05 of No. 252.
6. A technique No. 274 – the Technique of definition of labor contributions of members of collective agricultural enterprises, including reorganized, approved by Minagropolitika Ukrainy’s order from 21.06.05 of No. 274.
7. The letter No. 3923 – Minagropolitika Ukrainy’s letter from 05.05.01 of No. 37-25-3-11/3923 About an order of delivery, the account and a pogayosheniye of the Certificate on an ownership right on a property share of the member of KSP (the property certificate).
8. VSU definition from 10.03.04 – VSU definition from 10.03.04. At the solution of the claim on allocation of a property share in nature and recognition of the right to such property court, considering provisions of Art. 9 of the Law of Ukraine About the collective selyyoskokhozyaystvenny enterprise and other normative legal acts, including intraeconomic, should check observance of the rights and interests of both parties – both societies, and citizens.
9. VSU definition from 28.04.05 – VSU definition from 28.04.05. The right of the member of KSP to demand delivery of a property share is answered by the right of this KSP to solve a question of structure and structure of a property share, a way and term of its allocation at which implementation (rights) interests of both parties should be considered.
(On Balans-Agro newspaper materials).