Commentary to article 226. The legal regime of property during the reorganization of a peasant (farmer) farm into an economic partnership or cooperative The Civil Code of the Republic of Kazakhstan
The commented article talks about the formation of partnerships recognized by legal entities and production cooperatives based on the property of peasant (farm) farms.
A partnership or a production cooperative may be established on the basis of the property of one or more peasant farms in compliance with the requirements established by civil legislation for the establishment of partnerships and production cooperatives. Partnerships are established in one of the organizational and legal forms stipulated by the Civil Code.
The specifics of the organization of partnerships and production cooperatives based on the property of peasant (farmer) farms is that they are created on the basis of land plots owned by members of the farm on the right of common land use, and property owned by the peasant farm on the right of common ownership. At the same time, the transfer to the authorized capital of a partnership or cooperative of other property of members of a peasant (farmer) farm and other persons who become founders of a partnership or production cooperative is not excluded.
Upon the establishment of partnerships or production cooperatives, the property that was in the common ownership of a peasant (farmer) farm becomes the property of these partnerships or cooperatives in the form of contributions and other contributions from members of the farm, and the land plots of peasant farms are transferred by right of permanent land use to partnerships or production cooperatives in accordance with the procedure established by land legislation.
In accordance with paragraph 2 of the commented article, the amount of contributions of members of peasant (farmer) farms who become members of partnerships or members of production cooperatives is established based on their shares in the right of common ownership of the property of a peasant (farmer) farm, for which these shares must be pre-allocated in accordance with the procedure provided for in paragraph 3 of Article 225 of the Civil Code.
In addition, the size of the shares of participants in partnerships and members of cooperatives established on the basis of the common property of peasant (farmer) farms may also be affected by the size of other contributions of these persons to the authorized capitals of partnerships and cooperatives.
The size of shares in the authorized capital of partnerships and production cooperatives is also influenced by the value of land use rights transferred from peasant farms to partnerships and production cooperatives in accordance with the procedure established by land legislation.
In all other respects, the establishment of partnerships and production cooperatives based on the common property of peasant (farmer) farms is subject to the general rules of legislation on partnerships and production cooperatives.
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The commentary was prepared within the framework of the scientific and practical research program of the Scientific Research Center of Private Law of the Kazakh State Law University.
Head of the working group on the preparation of the draft Civil Code of the Republic of Kazakhstan, Corresponding Member of the Academy of Sciences of the Republic of Kazakhstan, Professor Suleimenov M.K.
Deputy head Professor Basin Yu.G.
