Answers to questions are given: 1) who can be elected the chairman of FH; 2) what procedure of election of the new chairman of FH; 3) as the earth on members of FH in case of death of the chairman is made out.
In connection with death of the chairman of a farm there was a number of questions, connected with election of the new chairman and registration of the rights to the earth.
1 whether. It is possible to elect the chairman not the member of FH?
Proceeding from requirements of Art. 4 of the Law No. 973 his founder or other person defined by the Charter of FH can be the chairman of FH. The law doesn’t put forward requirements concerning membership in FH, however they can be provided by the Charter.
2. What procedure of election of the new chairman and inclusion of new members in FH?
This procedure assumes adoption of sootvetstvuyuyoshchy decisions by members of FH and modification of FH Charter.
So, the decision on election of the new chairman and reception of new members of FH is accepted in an order defined by the Charter of an economy (h. 4 Art. 1 of the Law No. 973). In practice it becomes, as a rule, at general meeting. Interested persons submit zayoyavleniye with a request to accept them in members of FH. At obyoshchy meeting should be solved questions otnoyositelno:
• elections of the new chairman;
• acceptances of new members of FH;
• exceptions of the died members (on the basis of a svideyotelstvo about death).
The decision should be stated in writing in protokole general meeting and is signed by members of FH.
Besides, it is necessary to bring the corresponding izmeyoneniye in FH Charter (Law No. 973 Art. 3).
Changes (instructions of the new head and/or noyovy members of FH) are brought in the charter in two ways (Zayokon No. 755 Art. 8):
• or registration of the separate appendix;
• or a charter statement in the new edition (from the prakyotichesky point of view it is more convenient).
On the basis of Art. 4 of the Law No. 755 of change in uchreyoditelny documents of the legal entity are subject to obligatory state registration.
The list of the documents necessary for a gosregistrayotsiya of changes in statutory documents, is provided in Law No. 755 Art. 29:
• the filled registration card;
• the original or notarially certified copy of the decision on modification (protocol);
• originals of constituent documents (according to Art. 8 of the Law No. 973 and Art. 57 of HK it is the foundation agreemtn and the charter);
• two copies of the charter in the new edition or two ekzemplyara changes in a type of separate appendices;
• the payment order or the receipt on introduction of the registration fee (according to h. Zakoyon No. 755 2 Art. 10 his size makes 30 % from registrayotsionny collecting for legal persons, i.e. 51 UAH.);
• notarially certified copy of the certificate on death or the corresponding reference of bodies RAGSa.
3. Earth in FH is in continuous using and wasn’t raspaevana. The state act on using the earth is issued on the chairman of an economy. How such earth in case of death of the chairman is made out?
Inheritance of FH is carried out according to the zakoyony. If the land lot belonged to the chairman of FH on the right of continuous using, its nasledovayony it is impossible. Compare Art. 95 and 90 ZK. The nevozyomozhnost of sale, other alienation, transfer in arendu, pledge, inheritance distinguishes a right of use – let even constant – from an ownership right. Unasledovat that property, which prinadlezhalo is possible only for a nasledodatel on an ownership right.
Therefore in connection with death of the owner of the relevant act according to the order of the local state administration (soveta) the land lot will be withdrawn and transferred in a stock.
To the relatives, wishing to continue hozyaystvovayony, it will be necessary to be guided by Law No. 973 Art. 7, that is, in fact, again to undergo pervonayochalny procedure of receiving the earth.
It is reduced to that the interested citizens submit the application with a request for granting the land lot to a property or in rent for maintaining a farm. The statement moves:
• or in the local state administration, if a site naxoditsya in a state property (as pravilo, all lands outside of settlements);
• or in local council if the site is in a municipal property (lands within settlements).
In justification of allocation of the land lot it is necessary to specify that members of FH are successors of the umeryoshy chairman and are ready to be engaged in farming
Permission to allocation of the land lot podtverzhdaetsya consent to development of the project otvoda. The approval of such project and the order / reshenie about transfer of the land lot to a property or about the conclusion of the lease contract are osnovayoniya for registration of the state act or the conclusion of the relevant contract.
List of documents
1. HK – the Economic code of Ukraine from 16.01.03 of No. 436-IV.
2. ZK – the Land code of Ukraine from 25.10.01 of No. 2768-III.
3. The law No. 755 – the Law of Ukraine from 15.05.03 of No. 755-IV About the state registration of legal entities and individuals – businessmen.
4. The law No. 973 – the Law of Ukraine from 19.06.03 of No. 973-IV About a farm.