The procedure for holding a general meeting of owners of land shares. An approximate procedure for convening and holding a general meeting of participants in shared ownership, as well as ownership and use of a land plot in shared ownership

03.06.2020

Good afternoon - here you need to look at the law on the turnover of agricultural land - you need to hold a general meeting, vote and, on behalf of the shareholders, give one person the authority to sign the agreement.

Article 9. Lease of land
plots of agricultural land

1. Those that have passed the state may be leased
cadastral registration of land plots from agricultural lands, in
including land plots located in shared ownership.

2. Lease agreement for shared ownership
land plot of agricultural land and an agreement on
establishing a private easement in relation to such a land plot may be
n signed by a person authorized by the decision general meeting share participants
property to carry out transactions without a power of attorney with such land plot, If
conditions specified agreements and the agreements comply with the conditions defined
by decision of the general meeting of participants in shared ownership.

You need to hold a general meeting of owners at which, under the minutes to make a decision on the lease, those who disagree can stand out -

A participant in shared ownership who expressed his opinion at the general meeting of participants in shared ownership
property disagreement with the lease of a land plot located in
shared ownership, or with the terms of the lease agreement for such land
plot, in case of transfer of it for lease, has the right to allocate the land plot on account
the land share or land shares belonging to him according to the rules established
paragraph 4 of article 13 of this Federal
law, and dispose of the allocated land share or land shares
land at your own discretion. In this case, the consent of the land tenant
plot or mortgagee of the right to lease a land plot for allocation on account
land share or land no land plot required and no contract
lease or pledge of lease rights in relation to the allocated land plot
stops. In order to change the terms of the land lease agreement,
being in shared ownership, in connection with the allocation of a land plot in
account of land share or land shares holding a general meeting of participants
no shared ownership required. On behalf of the shareholders
additionally agreed e to this agreement the lease is concluded by an authorized
by a general meeting of a person whose term of office has not expired.

Article 14.1. General meeting
participants in shared ownership

1. General meeting of participants in shared ownership
(hereinafter referred to as the general meeting) is held at the proposal of a shareholder
property, or persons using shared ownership
a plot of land for the purpose of producing agricultural products, or
local government body of a settlement or urban district at the location
location of a land plot that is in common shared ownership.
The General Meeting makes decisions on the issues specified in paragraph 3 of Article 14 of this Federal
law.

2. Participants in shared ownership are notified by the authority
land plot located in common shared ownership, on carrying out
general meeting by publishing a corresponding message in the media
mass information determined by the subject Russian Federation, and placement
such message on the official website of the relevant local authority
self-government on the Internet (if available) no later than forty days
before the day of the general meeting. No later than the day of publication of the message about
during the general meeting, the announcement must also be posted on
information boards located on the territory municipality By
location of the land plot located in the common share
property. On holding a general meeting at the proposal of a shareholder
property or persons using shared ownership
land plot for the purpose of agricultural production, authority
local government of a settlement or urban district at its location
of a land plot located in common shared ownership is notified in
in writing

5. The general meeting is considered competent in the event
the presence on it of participants in shared ownership, amounting to at least
20 percent of their total number or, if the method of indicating the size of the land share
allows comparison of shares in the right common property to a plot of land,
owning more than 50 percent of such shares.

6. If the number of participants is share
ownership of land not included in the approved list of persons,
whose land shares may be recognized as unclaimed, and land shares,
which may be considered unclaimed are not sufficient to ensure
the competence of the general meeting in accordance with paragraph 5 of this article, the general meeting
is considered eligible if at least 50 percent of the total is present
number of participants in shared ownership of this land plot, not included
to the specified list.

7. Only persons who have submitted documents certifying
identity, documents certifying the right to a land share, as well as documents
confirming the authority of these persons may take part in voting.
The authorized person is responsible for ensuring access to voting.
official local government body of a settlement or urban district
property.

8. Decisions are made by an open general meeting
by voting. A decision is considered adopted if participants vote for it
general meeting, owning in aggregate more than 50 percent of the shares of the general
number of shares of owners present at the general meeting (provided that
the method of indicating the size of the land share allows for comparison of shares in the right
common ownership of this land plot), or the majority of participants
general meeting.

9. For the purpose of holding a general meeting, the local body
plot, which is in common shared ownership, ensures the preparation
list of participants in shared ownership (if there is none), storage
such list and proposals of participants in shared ownership to change
size of land shares, expressed in a single way in accordance with
provisions of Article 15 of this
Federal Law(if these shares were previously expressed in different ways),
drawing up and storing minutes and other documents of the general meeting.

10. Authorized official of the local authority
self-government of a settlement or urban district at the location of the land
plot, which is in common shared ownership, participates in the organization and
holding a general meeting, including:

1) certifies the powers of those present at the meeting
persons;

2) presides over the opening and conduct of the general
meeting, unless another chairman is elected;

3) signs the minutes of the general meeting;

4) participates in discussion of issues with the right
advisory voice.

11. The decision adopted by the general meeting is formalized
protocol. Appendix to the minutes of the general meeting is a list
participants present at the shared ownership of the land plot with
indicating the details of documents certifying their rights to land shares.
The minutes are signed by the chairman, secretary of the general meeting, authorized
an official of a local government body of a settlement or urban district
at the location of the land plot located in the common share
property present at the general meeting.

12. The minutes of the general meeting are drawn up in two
copies, one of which is kept by the person at whose request the
general meeting. The second copy of the minutes of the general meeting is stored in the body
local government of a settlement or urban district at its location
a plot of land that is in common shared ownership. Copy
land surveying project approved by the decision of the general meeting land plots
is also transferred for storage to such local government body.

13. Certified by an authorized official of the body
local government of a settlement or urban district at its location
land plot located in common shared ownership, extracts from
minutes of the general meeting or a copy of such minutes, extracts from the approved
decision of the general meeting of the land surveying project or a copy thereof
are issued to any interested person within three days from the date of application for
a fee in the amount covering the costs of preparing statements and
copies

Document as of August 2014.

I APPROVED
Lieutenant Governor Leningrad region -
Chairman of Leningradsky
regional management committee
state property
A.Yu.Drozdenko
August 23, 2004

Section 1. General provisions

1.1. This Sample Procedure has been developed in accordance with the Civil Code of the Russian Federation, the Land Code of the Russian Federation, Federal Law No. 101-FZ of July 24, 2002 “On the Turnover of Agricultural Land” and Regional Law No. 29-oz of May 31, 2004 “On the Turnover agricultural lands in the Leningrad region."

1.2. The approximate procedure is advisory in nature and determines general principles organizing and holding a general meeting of participants in shared ownership, as well as ownership and use of a land plot in shared ownership.

Section 2. Procedure for preparing and convening a general meeting of participants in common shared ownership of a land plot

2.1. A participant (participants) in common shared ownership of a land plot has the right to initiate the convening of a general meeting of participants in common shared ownership with their proposed agenda for such a meeting. The agenda of each general meeting of participants in common shared ownership in mandatory should include the following questions:

1) election of the chairman of the meeting and secretary of the meeting;

2) formation counting commission.

2.2. The competence of the general meeting of participants in common shared ownership includes resolving the following issues:

1) the procedure for owning a land plot that is in common shared ownership;

2) the procedure for using a land plot that is in common shared ownership;

3) resolving the issue of the location of a part of the land plot, within the boundaries of which land plots are allocated as a matter of priority on account of the share in the right of common shared ownership of the land plot.

2.3. The participant (participants) of common shared ownership who initiates the convening of a general meeting of participants of common shared ownership are obliged to notify all other participants of common shared ownership about the upcoming meeting at least one month before the date of its expected holding. Each participant in common shared ownership is notified of the upcoming meeting directly against signature, or by registered mail with return receipt requested, or by telegram, or by publishing a message in the media in which official regulatory documents are published. legal acts local government authorities at the location of the land plot.

The notice must also indicate where and at what time it is possible to get acquainted with the information and materials to be presented to the participants in common shared ownership in preparation for the general meeting, and the responsible person to whom this information and materials can be contacted.

2.5. The general meeting of participants in common shared ownership is held in the settlement where the land plot is located.

2.6. Information and materials to be presented to participants in common shared ownership in preparation for the general meeting include documents containing information about the agenda of the general meeting, as well as proposals on the substance of the issues proposed for consideration.

2.7. The participant (participants) initiating the convening of a general meeting of participants in common shared ownership are required to provide information and materials to be presented to participants in common shared ownership in preparation for the general meeting. Information and materials must be presented by the responsible person on the premises at the address specified in the notice of the general meeting of participants in common shared ownership.

Section 3. Procedure for holding a general meeting of participants in common shared ownership of a land plot

3.1. The holding of a general meeting begins with the registration of participants in common shared ownership. Registration of participants in common shared ownership participating in the general meeting must be carried out at the address of the place where the general meeting is held.

3.2. The right to participate in the general meeting of participants in common shared ownership of a land plot is exercised by the participant personally or through his representative. Each participant in common shared ownership who comes to the meeting must present the original certificate of ownership of the land share, passport (or other document replacing it). If a participant in shared ownership acts through a representative, the latter must present a passport and a power of attorney, which must comply with the requirements of Article 185 of the Civil Code of the Russian Federation.

3.3. Subject to proper notification, the general meeting of participants in common shared ownership is considered valid if at least 20 percent of participants in common shared ownership are present. The decision is made by a majority of at least two-thirds of the votes of the number of participants in the common shared ownership present at the general meeting.

3.4. If a participant in common shared ownership or his representative does not register, their votes are not taken into account when voting.

3.5. The general meeting is opened if there is a quorum at the time it begins. If there is no quorum, the general meeting is considered invalid.

3.6. The general meeting of participants in common shared ownership is opened by one of the participants in common shared ownership, who is the initiator of the meeting, who puts to a vote the issues of electing the chairman and secretary of the general meeting. After the election of the chairman of the meeting and the secretary of the meeting, the chairman of the meeting leads the general meeting of participants in common shared ownership, and the maintenance and preparation of minutes is entrusted to the secretary of the meeting.

3.8. Voting on issues on the agenda of the general meeting of common shared ownership is carried out by voting ballots. The voting ballot(s) must be handed over signature to each participant in the common shared ownership who came to the general meeting.

3.9. The ballot must indicate:

date, place, time of the general meeting of participants in common shared ownership;

wording of decisions on each issue voted on by this ballot;

3.10. When voting using ballot papers, votes are counted on those issues for which only one of the votes is left. possible options voting. Voting ballots filled out in violation of the above requirement, as well as ballots not signed by a participant in common shared ownership (or his representative), are considered invalid, and votes on the issues contained in them are not counted.

Section 4. Procedure for owning and using a land plot in shared ownership

4.1. Possession and use of a land plot that is in shared ownership is carried out by agreement of all its participants, and if agreement is not reached, in the manner established by the court. A participant in shared ownership has the right to be given for his possession and use a part of the land plot commensurate with his share, and if this is not possible, he has the right to demand appropriate compensation from other participants in shared ownership.

4.2. If third parties apply for the provision of a land plot for possession and use, a participant in shared ownership has the right, by decision of the general meeting of participants in common shared ownership, to receive, as a matter of priority, possession and use of a land plot that exceeds the size of his share.

4.3. Each participant in shared ownership is obliged, in proportion to his share, to participate in the payment of taxes, fees and other payments on the land plot, as well as in the costs of its maintenance and preservation.

4.4. Fruits, products and income from the use of a land plot that is in shared ownership are included in the common property and are distributed among the participants in shared ownership in proportion to their shares.

4.5. The decision to provide a land plot to third parties for rent, trust management, bail, free use accepted by the number of votes of participants in shared ownership specified in clause 3.3 of section 3.

4.6. Participants in shared ownership may delegate the authority to conclude agreements specified in clause 4.5 of Section 4 to the participant in shared ownership who initiated the meeting, or to a third party.

4.7. The decision to approve the location of part of the plot, within the boundaries of which land plots are allocated as a matter of priority as a share in the right of common shared ownership of a land plot, is made by the general meeting of participants in shared ownership in the manner specified in Section 3.

At the end of December 2017, Russia adopted Law No. 447-FZ, amending Articles 1 and 14.1 of the Federal Law “On the Turnover of Agricultural Land”. The changes concern holding a general meeting of participants in common shared ownership of a land plot allocated from agricultural land. The law came into force on March 30, 2018, and from that moment on the general meeting is held according to the new rules. What has changed? In Russia today, the process of allocating plots from land plots that belonged to collective farms, state farms and similar joint forms of organizing collective agricultural activities in the Soviet era is underway everywhere. The lands are allocated by former collective farmers who once received a conditional share in order to become the full owner and carry out work on this land. Select areas and individual entrepreneurs, farmers. But several orders of magnitude more territory of such lands is being developed by agricultural enterprises, industry giants, allocating and purchasing vast areas of agricultural land various types permitted use for agricultural production on a regional and federal scale. And in order to start the process of allocating such lands and registering them as property, it is necessary to hold a general meeting of shareholders. It is difficult to say what exactly caused the need to change the rules for holding a general meeting of owners of conditional land shares in the former collective farm lands. According to some analysts, the reason was the need to regulate the Crimean lands that had become Russian, where shared ownership of agricultural land is more common than in other regions. Historically, the joint use of land allows the interests of individual shareholders to be respected while encouraging them to use the land in accordance with its intended purpose. And, since managing such land is quite difficult due to the large number of owners, it was necessary to make changes to the regulations. According to legislators, the document is intended to optimize the current mechanism for managing such areas. In particular: - the deadlines for notification by the local government body of participants in common shared ownership about holding a repeat general meeting have been established; - restrictions have been introduced on the inclusion of a number of issues on the agenda of the general meeting; - it is prohibited for the general meeting to make decisions on issues not included in the agenda of the general meeting; - the quorum of the general meeting was increased - from 20% to 50% of the total number of participants in shared ownership; - the rules for holding a repeat general meeting of participants in common shared ownership are determined when the initial general meeting is declared invalid; - the local government body of a settlement or urban district at the location of the land plot, which is in common shared ownership, is charged with posting the minutes of the general meeting on the Internet. We have listed the main provisions of the innovations that came into force on March 30, 2018. Now let’s take a closer look at how the initiators and organizers of general meetings should act and what is the difference from the previous procedure. Paragraph 1 of Article 14 of the Federal Law of July 24, 2002 No. 101-FZ “On the turnover of agricultural land” states that the ownership, use and disposal of a land plot of agricultural land, which is in shared ownership of more than five persons, is carried out in accordance with the decision participants of shared ownership, which is adopted at the general meeting of participants of shared ownership. The same article, paragraph 3, provides a list of decisions that can be made at such a meeting. Moreover, before the change, the law allowed, firstly, to hold a meeting with the participation of only 20 percent of shareholders from their total number, and secondly, the meeting was considered valid (held) if the method of indicating the size of the land share allowed for comparison of shares in the right of common ownership of land plot owning more than 50% of such shares. Let us explain that the second condition is necessary due to the fact that land shares in some cases could be expressed in different ways - as a fraction or in hectares, and if they are expressed in different ways, it is difficult to compare them. Therefore, the meeting first had to approve the calculation procedure for expressing land shares in one way - in order to bring them to a single denominator. But legislators were primarily concerned with the first point: they considered holding a meeting with such a limited number of shareholders (20 percent) an outdated norm that contradicts the principles of democracy. Since decisions are made at the meeting regarding everyone participating in the shared ownership, one fifth of the shareholders are no longer considered competent to establish any rules for the vast majority. Now at least half of the total number of participants, that is, at least 50 percent, must be present at the meeting. Otherwise, the meeting is considered invalid and has no right to resolve issues on the agenda. On the one hand, this is logical. But in reality, it is almost impossible to fulfill this condition. Not only will not everyone receive information about the meeting, not everyone will be able to appear technically, not everyone is interested in attending this process, but also a significant part of the former shareholders have simply dropped out of the list of the living. And the law, taking this into account, admits that under the established conditions it will not be possible to assemble such a quorum, therefore new clauses have appeared in Article 14.1: clauses 5.1 and 5.2. They provide for the possibility of re-organizing a meeting if the required number of participants does not show up. That is, if previously a meeting declared invalid gave the green light for further steps in the process, now the initiators and organizers will have to do the same thing a second time. For the repeated holding of the general meeting, slightly different, more lenient conditions are prescribed, in particular, the minimum number of shareholders attending it is already 30 percent. However, re-holding a meeting declared invalid is permitted only after two months have passed from the date of its first holding. And again, as in the case of the initial holding, the organizers of the meeting (the local government body of the settlement or urban district at the location of the land plot located in common shared ownership) must notify the participants of common shared ownership about the general meeting by placing an appropriate announcement in the media , determined by the subject of the Russian Federation, and on the official website of the relevant local government body on the Internet (if available). But if during the initial meeting the notice must be published no later than 40 days before the date of the general meeting, then during the repeated meeting this period is 30 days. NOTICE ABOUT THE MEETING According to paragraph 3 of Article 14 of the Law, the message and notice of the general meeting must contain: 1) the date and time of the general meeting; 2) the address of the place of holding the general meeting on the territory of the municipality at the location of the land plot that is in common shared ownership; 3) agenda of the general meeting; 4) the address of the place of familiarization with documents on issues submitted for discussion at the general meeting, and the timing of such familiarization. If the proposed agenda of the general meeting includes questions about the approval of the land surveying project, the message and notice of the general meeting must also contain the information provided for in paragraph 8 of Article 13.1 of the law, namely: 1) information about the customer of the work on preparing the land surveying project , including postal address and number contact phone number; 2) information about the cadastral engineer who prepared the land surveying project, including postal address, email and contact phone number; 3) cadastral number and address of each original land plot; 4) the procedure for familiarizing yourself with the land surveying project, the place or address where this project can be familiarized with from the date of receipt or publication of the notice; 5) deadlines and mailing address for the delivery or sending by interested parties of proposals for finalizing the land surveying project after familiarization with it. ABOUT THE AGENDA The General Meeting has the right to make decisions only on issues that are included in the agenda of the General Meeting, and does not have the right to change it during the meeting: unexpectedly introduce those issues that are not listed in the publication about the meeting, but are of particular interest to individuals interest. In addition, it is not allowed to include on the agenda of the general meeting issues that are provided for in paragraphs. 7, 8 and 10 p. 3 art. 14 of Federal Law No. 101-FZ, if the decision on them was made less than three months ago, namely: 1) on the terms of the lease agreement for a land plot that is in shared ownership; 2) on the conditions for establishing a private easement in relation to a land plot that is in shared ownership; 3) on the conclusion of an agreement on the seizure of real estate for state or municipal needs, on the refusal to enter into an agreement on the seizure of real estate for state or municipal needs, or on proposals to change the terms of the agreement on the seizure of real estate for state or municipal needs. Decisions of the general meeting that cancel and (or) change previously adopted decisions of the general meeting must contain an indication of such decisions. And one more important innovation: it has now been established that if there are several issues on the agenda of the general meeting, each of them is adopted independent decision and you cannot vote on the entire agenda with one decision. CONDUCTING THE GENERAL MEETING On the day of the general meeting, all participants who appeared must be registered within the time interval specified in the publication. Participants of the meeting must have with them: an identity document; a document certifying the right to a land share; if a representative is present instead of the owner, he must have with him a power of attorney certified by a notary. An authorized official from the local government body (UDL) must be present at the general meeting. Changes to the law expanded his powers. Thus, when participating in the organization and conduct of a general meeting, such a person will have to, in particular, check the proper notification of participants in shared ownership about the general meeting and the compliance of the agenda of the general meeting with the requirements of this Law. He should also explain to the participants in shared ownership their rights and obligations during the general meeting. It is the UDL who is the chairman of the meeting; the law does not allow the election of another chairman, therefore the absence of this representative from the local government body is considered unacceptable (and the meeting without him is invalid). After registration, it is necessary to resolve the issue of quorum: - if the share is expressed in the form of a simple correct share, to calculate the quorum, the shares of those present should be summed up and, if the total is more than 50% of the shares, the meeting is recognized as competent (if a previously failed meeting is repeated - at least 30 percent); – if the share is expressed in a different way (hectares, etc.), the participants must be counted “by head”. There must be no less than 50 percent of the total number of shareholders (if a previously held meeting is repeated, no less than 30 percent). If a quorum is recognized as having taken place, all the issues listed in the previously published agenda are put to a vote one by one. Decisions are made by open voting. A decision is considered adopted if a majority votes for it. REGISTRATION OF RESULTS Decisions adopted by the general meeting are documented in minutes signed by the chairman of the meeting (who is also an authorized official from the local government) and the secretary of the meeting. The minutes must be accompanied by a list of meeting participants present and details of documents certifying their rights to land shares. Meeting participants must sign next to their names. This document drawn up in two copies, one of which is taken by the organizer of the general meeting, the second must be kept by the local government department. The local government body is obliged to issue a copy of the protocol or an extract from it within three days to any interested person. For such a document, the person applying to the compulsory medical insurance must pay an amount that covers the cost of making an extract or copy. After holding a meeting, within 10 days, the local government body publishes the minutes of the meeting on its website (if available) and on information boards located on the territory of the municipality at the location of the land plot that is in common shared ownership.

I APPROVED
Vice-Governor of the Leningrad Region -
Chairman of Leningradsky
regional management committee
state property
A.Yu.Drozdenko
August 23, 2004

Section 1. General provisions

General provisions

1.1. This approximate procedure was developed in accordance with the Civil Code of the Russian Federation, the Land Code of the Russian Federation, Federal Law of July 24, 2002 N 101-FZ "On the turnover of agricultural lands" and the regional law of May 31, 2004 N 29-oz "On the turnover agricultural lands in the Leningrad region."

1.2. The approximate procedure is advisory in nature and defines the general principles of organizing and holding a general meeting of participants in shared ownership, as well as ownership and use of a land plot in shared ownership.

Section 2. Procedure for preparing and convening a general meeting of participants

Procedure for preparing and convening a general meeting of participants
common shared ownership of a land plot

2.1. A participant (participants) in common shared ownership of a land plot has the right to initiate the convening of a general meeting of participants in common shared ownership with their proposed agenda for such a meeting. The agenda of each general meeting of participants in common shared ownership must necessarily include the following issues:

1) election of the chairman of the meeting and secretary of the meeting;

2) formation of a counting commission.

2.2. The competence of the general meeting of participants in common shared ownership includes resolving the following issues:

1) the procedure for owning a land plot that is in common shared ownership;

2) the procedure for using a land plot that is in common shared ownership;

3) resolving the issue of the location of a part of the land plot, within the boundaries of which land plots are allocated as a matter of priority on account of the share in the right of common shared ownership of the land plot.

2.3. The participant (participants) of common shared ownership who initiates the convening of a general meeting of participants of common shared ownership are obliged to notify all other participants of common shared ownership about the upcoming meeting at least one month before the date of its expected holding. Each participant in common shared ownership is notified of the upcoming meeting directly against signature, or by registered mail with return receipt requested, or by telegram, or by publishing a message in the media, which publishes official regulatory legal acts of local government bodies at the location of the land plot.

2.4. The notice must indicate the date, time, place (address) of the general meeting of participants in common shared ownership, the start and end time of registration of participants in common shared ownership, the proposed agenda, and the address for sending correspondence to the participant(s) initiating the general meeting.

The notice must also indicate where and at what time it is possible to get acquainted with the information and materials to be presented to the participants in common shared ownership in preparation for the general meeting, and the responsible person to whom this information and materials can be contacted.

2.5. The general meeting of participants in common shared ownership is held in the settlement where the land plot is located.

Section 3. Procedure for holding a general meeting of participants in common shared ownership of a land plot

Procedure for holding a general meeting of participants
common shared ownership of a land plot

3.4. If a participant in common shared ownership or his representative does not register, their votes are not taken into account when voting.

3.5. The general meeting is opened if there is a quorum at the time it begins. If there is no quorum, the general meeting is considered invalid.

3.9. Ballots must indicate:

date, place, time of the general meeting of participants in common shared ownership;

wording of decisions on each issue voted on by this ballot;

voting options for each item on the agenda, expressed as “for”, “against” or “abstained”;

a mention that the voting ballot must be signed by the participant in the common shared ownership.

3.10. When voting using ballot papers, votes are counted on those issues for which voters are left with only one of the possible voting options. Voting ballots filled out in violation of the above requirement, as well as ballots not signed by a participant in common shared ownership (or his representative), are considered invalid, and votes on the issues contained in them are not counted.

Section 4. Procedure for owning and using a land plot in shared ownership

The procedure for owning and using a land plot,
shared ownership

4.1. Possession and use of a land plot that is in shared ownership is carried out by agreement of all its participants, and if agreement is not reached, in the manner established by the court. A participant in shared ownership has the right to be provided for his possession and use of a part of the land plot commensurate with his share, and if this is not possible, he has the right to demand appropriate compensation from other participants in shared ownership.

4.5. The decision to provide a land plot to third parties for rent, trust management, pledge, free use is made by the number of votes of participants in shared ownership specified in clause 3.3 of section 3.

DECISION IN ABSENTIA

IN THE NAME OF THE RUSSIAN FEDERATION

Judge of the Bagaevsky District Court of the Rostov Region Vasiliev A.A.

under the secretary: Officer E.E.

having considered a civil case on statement of claim Full name 2, Full name 19. and other citizens (82 people in total) to invalidate the decision of the general meeting of participants in shared ownership of an agricultural land plot dated January 27, 2011, court

installed:

The plaintiffs went to court with the above claims, citing the fact that they are co-owners of land shares of a land plot of agricultural land located at the address: Rostov region, Veselovsky district, established in relation to the landmark JSC "Krasny Manych" with cadastral number<паспортные данные изъяты>:0050and have the right to vote at the general meeting of participants in shared ownership of this land plot.

DD.MM.YYYY a general meeting of participants in shared ownership of the above land plot was held with the following agenda items:

state registration

Positive decisions were made on all of the listed issues on the agenda of the general meeting.

It is believed that the decisions taken at the general meeting of participants in shared ownership of the above-mentioned land plot of agricultural land, held on January 27, 2011, are illegal, violating our rights and interests as participants in shared ownership of this land plot, and also adopted in violation of the established Federal Law dated July 24, 2002 “On the turnover of agricultural land” No. 101-FZ limits the competence of the general meeting of participants in shared ownership.

They personally, at a meeting of participants in shared ownership of a land plot of agricultural land, located at the address: Rostov region, Veselovsky district, established relative to the landmark JSC "Krasny Manych" with cadastral number<паспортные данные изъяты>:0050,01/27/2011 did not participate.

Full name4, although he was present at this general meeting, he did not take part in the voting. However, this is not reflected in the minutes, which grossly violates them legal rights and interests as a participant in common shared ownership of a land plot with a cadastral number<паспортные данные изъяты>:0050.

They learned about the general meeting of participants in shared ownership of the above-mentioned land plot held on January 27, 2011 and the decisions taken at it from other participants in shared ownership of the same land plot.

They did not put their signatures on the list of owners of land shares present at the general meeting of shareholders on January 27, 2011, and those who did were misled about the document that they signed and this was later than the actual end of the meeting.

After it turned out that the document they signed, which they were deceived into signing, was a list of owners of land shares present at the general meeting of participants in shared ownership on January 27, 2011, they withdrew their signatures and asked to consider them invalid by submitting an application on February 7, 2011. Federal service state registration, cadastre and cartography<адрес>addressed to the head of the Veselovsky department FULL NAME5

Thus, in violation of clause 1.1.Article 14 of the Federal Law of July 24, 2002 “On the turnover of agricultural land” No. 101-FZ, at the general meeting of participants in shared ownership of this land plot on January 27, 2011 there was no quorum necessary to recognize this meeting as competent to accept decisions on issues on its agenda.

The list of decisions falling within the competence of the general meeting of participants in shared ownership of a land plot is exhaustive and is not subject to broad interpretation, but the meeting went beyond its powers.

Decisions of the general meeting of participants in shared ownership on January 27, 2011 on the agenda items on recognizing the results of the meeting of land owners on the issue of concluding long-term lease agreements with CJSC YugAgroHolding as invalid; on recognition of the results of the meeting of land owners dated April 24, 2010. invalid; on the prohibition of registration actions (state registration) to conclude a long-term lease agreement for a land plot with a cadastral number<паспортные данные изъяты>:0050с ZAO YugAgroHolding and the obligation of ZAO Agrofirm Yuzhnaya to provide documents for state registration of a long-term lease agreement for a land plot with a cadastral number<паспортные данные изъяты>:0050do not fall within the competence of the general meeting of participants in shared ownership, and, therefore, were adopted illegally, in violation of the norms of the Federal Law of July 24, 2002 “On the turnover of agricultural land” No. 101-FZ, and are therefore invalid.

In addition, the general meeting of participants in shared ownership was convened on 01/27/2011 at the proposal of Agrofirm "Yuzhnaya" CJSC, which, in accordance with clause 1.1 of Article 14 of the Federal Law of 07/24/2002 "On the turnover of agricultural land" No. 101-FZ, does not apply to entities with the right to convene a general meeting of participants in shared ownership (according to this article, a general meeting of participants in shared ownership is held at the proposal of an agricultural organization using this land plot, or at the proposal of a participant in shared ownership of this land plot. The local government body at the location of the land plot located in shared ownership, has the right to apply to the agricultural organization using this land plot, with proposal to convene a general meeting of participants in shared ownership of a land plot).

DD.MM.YYYY at the general meeting of participants in shared ownership of a land plot of agricultural land located at the address: Rostov region, Veselovsky district, it was established relative to the landmark of Krasny Manych CJSC with cadastral number<паспортные данные изъяты>:0050it was decided to conclude a lease agreement with CJSC YugAgroHolding. Based on the results of this meeting, on June 23, 2010, lease agreements were concluded with 104 owners of 130 shares of the specified land plot.

To date, the decision of the general meeting dated April 24, 2010, adopted by the general meeting of participants in shared ownership, has not been canceled by anyone, has not been declared invalid, and has not been disputed by participants in shared ownership.

The decision of the general meeting of participants in shared ownership on January 27, 2011 on concluding a long-term lease agreement for a land plot with CJSC Agrofirm Yuzhnaya, adopted in violation of the requirements of the Federal Law of July 24, 2002 “On the turnover of agricultural land” No. 101-FZ, violates the rights of the plaintiffs, because .contradicts the will of the majority of owners of this land plot and the previously adopted legal decision for the transfer of land shares for rent to another legal entity.

All plaintiffs, defendants and third parties are the owners of land shares included in the land plot of agricultural land, located at the address: Rostov region, Veselovsky district, established relative to the landmark JSC "Krasny Manych" with cadastral number<паспортные данные изъяты>:0050.This is confirmed by an extract from the United state register rights to real estate and transactions with him dated 04/21/20111 No. (extract attached).

In addition, according to paragraph 2 of Art. 14 of the Federal Law of July 24, 2002 “On the turnover of agricultural land” No. 101-FZ, a lease transaction with a land plot of agricultural land that is in shared ownership is carried out either by participants in shared ownership, or by a person acting on the basis of powers of attorney issued to him by the participants in shared ownership.

In violation of this rule of law, it is not clear from the minutes of the general meeting on January 27, 2011 what exactly the procedure for concluding and signing a land lease agreement with CJSC Agrofirm Yuzhnaya was determined at the meeting.

At the court hearing, the plaintiffs, their representatives (by powers of attorney) Full name 6, Balabas M.Yu., each individually, supported the arguments of the claim, explaining that the claims were exhaustive. This meeting was not held on the initiative of the co-owners of the land shares of the above-mentioned land plot, nor by an agricultural organization cultivating or using this land mass and with a significant violation of the rights of other co-owners and third parties, in violation of the Federal Law “On the turnover of agricultural lands”.

The defendants did not appear at the court hearing, the court was duly notified of the days and place of the hearing, the case was considered in their absence in absentia proceedings, to which the plaintiffs and their representatives did not object.

The representative of the third party, OJSC YugAgroHolding, agreed with the claims, explaining that this meeting was held in violation of the law and issues were resolved at it that could not be resolved by the general meeting of co-owners. In addition, at this meeting there were not those persons indicated in List of minutes of the meeting.

Representatives of CJSC Agrofirm "Yuzhnaya" (by proxy) Full Name 7, Director Full Name 8, each individually, did not agree with the claim, explaining that the meeting was held within the Federal Law "On the turnover of agricultural land", the meeting was reported in the media, minutes were kept, there was a quorum, all decisions were approved by the meeting. The meeting was initiated by one of the co-owners.

Third party citizens repeatedly failed to appear in court, and therefore the case was considered in their absence in accordance with Article 167 of the Code of Civil Procedure of the Russian Federation.

Having heard the parties and examined the evidence presented to the court, the court finds the claim justified and subject to satisfaction on the following grounds.

In accordance with Federal Law No. dated July 24, 2002. “On the turnover of agricultural land” (both in the editions dated XXX.05.2009, and in subsequent editions) in Article 14 clauses 1.1, 1.2 it is summarized that the general meeting of participants in shared ownership is held at the proposal of an agricultural organization using this land plot, or at the proposal of a participant in shared ownership of this land plot.... A general meeting of participants in shared ownership is considered valid if it is attended by participants in shared ownership of this land plot, constituting at least 20% of their total number or owning more than 50% shares in the right of common ownership of this land plot. The decision is considered adopted if it is voted for by the participants in shared ownership of this land plot who are present at such a meeting and who collectively own more than 50% of the shares in the right of common ownership of this land plot of the total number of shares , which are possessed by the participants in shared ownership of this land plot present at such a meeting. The decision made is documented in a protocol.

The court established that the number of co-owners of this land plot is 109 people, that is, the legal quorum of the meeting should be 22 people. At the meeting dated January 27, 2011, according to the protocol, 23 people were present, but this is refuted by the testimony of persons recorded as participants in this meeting.

Full name4 explained to the court that he was the only one of all the present plaintiffs to attend this meeting. This meeting was led by representatives of Agricultural Firm Yuzhnaya CJSC, on their initiative this meeting was held. Voting as such was not carried out, 2-3 people raised their hands, there was no registration of participants .The next day or the day after the meeting, he took two representatives of this company and showed the houses of residents, co-owners of shares of this land plot, he did not hear what they were talking about, but then he found out that they were taking signatures about their alleged presence on this meeting.

Full name 9, Besedin A.N., Besedina N.N., Tsimbalistenko I.S., Kharitonova N.V., Bibaeva S.A., each individually, explained to the court that they were not present at the meeting on January 27, 2011, They did not take part in the voting. They put their signatures on some sheet, because two young people from the Yuzhnaya Agrofirm told them that now they would receive more payment for their shares, but their passport data was needed to register all persons. They do not attend meetings for a long time, since they transferred their shares to Agroholding long ago. After they learned that they had been deceived and included in the minutes of the general meeting, they sent applications to the Veselovsky department of Rosreestr so that their signatures would not be taken into account.

FULL NAME10, having familiarized herself with the List of persons present at the meeting, stated that the signature was not put by her, since she was signing with her full surname. The court examined the passport of FULL NAME 10 and this was true.

The court verified the statement of a third party, CJSC Agricultural Firm Yuzhnaya, that the meeting was initiated by one of the participants in the common property, but it was established that the announcement of the general meeting on January 27, 2011 was submitted to the newspaper “Novye Zori Manycha” and paid for Full Name 1, which is not is a participant in common ownership of a land plot (one of 109 people). Full name 11 was elected secretary of the meeting on January 27, 2011, full name 12 was elected chairman, and full name 8 was heard on this issue, but these persons are not only co-owners of land shares in this plot, but also residents of the Veselovsky district .

The plaintiffs’ arguments are also convincing that this meeting went beyond the powers granted by law to decide at such meetings, for example, a ban on registration actions or invalidation of the results on the issue of concluding long-term lease agreements. Such issues are resolved in civil proceedings with compliance with certain procedural procedures.

The court was also not provided with evidence indicating that CJSC Agrofirm "Yuzhnaya" is an organization using this land plot and, in In general, it is engaged in agricultural production.

From the requests sent to the Bagaevsky District Court, the court understands that Full Name 8 is a bankruptcy trustee and deals with issues related to the bankruptcy procedure of enterprises, but is not a co-owner of the above property.

Under the above circumstances, the court believes that the meeting of January 27, 2011 was held without the presence of the necessary quorum, its decision directly and directly affects the rights of the plaintiffs, third parties, and is aimed at undermining stable land relations established in practice<адрес>.

Based on the above and guided by Article 194-198 of the Code of Civil Procedure of the Russian Federation, the court

decided:

Statement of claim Full name 2, Full name 18 to be satisfied. To recognize the decision of the general meeting of participants in shared ownership of a land plot of agricultural land located at the address: Rostov region, Veselovsky district, established in relation to the landmark ZAO "Krasny Manych" with cadastral number<паспортные данные изъяты>:0050, held on January 27, 2011 - invalid (unauthorized).

Within 7 days, an application to cancel the decision can be filed with the court from the date of receipt of its copy by the party who was not present at the court hearing, or it can be appealed to the Rostoblsud through the Bagaevsky District Court<адрес>within 10 days after the expiration of the above seven-day period.