What is a real estate owners' partnership (TSN). Creation of a TSN The procedure for creating a real estate owners' partnership
New Federal Law No. 217 came into force
Let's select the correct TSN form:
— Horticultural (gardening) TSN — according to 217 Federal Law.
- TSN (HOA) of housing - according to the Housing Code.
- TSN settlements, apartments and others - according to the Civil Code of the Russian Federation.
Documents - 1 day. Registration with the Federal Tax Service - 3 days.
COST OF SERVICES
| Service | Cost, rub) | Term |
| Consultation | For free! | — |
| Registration of TSN (gardeners-217 Federal Law) | 15 000 | 3 days |
| Registration of TSN (housing-residential complex of the Russian Federation) | 25 000 | 3 days |
| Registration of TSN (others - Civil Code of the Russian Federation) | 15 000 | 3 days |
| Document preparation only | 13 000 | 1 day |
Partnership of real estate owners (TSN) is a voluntary association of owners of real estate such as premises in a building, incl. in an apartment building, residential buildings, country houses, gardening, gardening or summer cottage land plots, etc., which by law is in their common ownership and (or) use, as well as to achieve other purposes provided for by law. (Clause 1 of Article 123.12 of the Civil Code of the Russian Federation)
Since September 1, 2014, registration of HOAs, SNTs, and DNPs is not carried out. Instead of these legal forms, TSN is registered. Registration of TSN (property owners' partnership) is carried out at the tax office within 3 days. SNT registration is not possible. SNT registered previously must undergo re-registration in TSN.
1.1. This document defines the policy of Limited Liability Company "" (hereinafter referred to as the Company) regarding the processing of personal data.
1.2 This Policy has been developed in accordance with the current legislation of the Russian Federation on personal data.
1.3 This Policy applies to all processes of collection, recording, systematization, accumulation, storage, clarification, extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data carried out using automation tools and without the use of such means.
1.4. The policy is strictly followed by the Company's employees.
- Definitions
Personal Information- any information relating to a directly or indirectly identified or identifiable individual (subject of personal data);
operator- state body, municipal body, legal entity or individual, independently or jointly with other persons organizing and (or) carrying out the processing of personal data, as well as determining the purposes of processing personal data, the composition of personal data to be processed, actions (operations) performed with personal data;
processing of personal data- any action (operation) or set of actions (operations) performed using automation tools or without the use of such means with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data;
automated processing of personal data- processing of personal data using computer technology;
dissemination of personal data- actions aimed at disclosing personal data to an indefinite number of persons;
provision of personal data- actions aimed at disclosing personal data to a certain person or a certain circle of persons;
blocking of personal data- temporary cessation of processing of personal data (except for cases where processing is necessary to clarify personal data);
destruction of personal data- actions as a result of which it becomes impossible to restore the content of personal data in the personal data information system and (or) as a result of which material media of personal data are destroyed;
depersonalization of personal data- actions as a result of which it becomes impossible to determine the ownership of personal data to a specific subject of personal data without the use of additional information;
personal data information system- a set of personal data contained in databases and information technologies and technical means that ensure their processing.
- Principles and conditions for processing personal data
3.1. The processing of personal data is carried out on the basis of the following principles:
1) The processing of personal data is carried out on a legal and fair basis;
2) The processing of personal data is limited to the achievement of specific, predetermined and legitimate purposes. Processing of personal data that is incompatible with the purposes of collecting personal data is not permitted;
3) It is not allowed to combine databases containing personal data, the processing of which is carried out for purposes incompatible with each other;
4) Only those personal data that meet the purposes of their processing are subject to processing;
6) When processing personal data, the accuracy of personal data, their sufficiency, and, if necessary, relevance in relation to the stated purposes of their processing are ensured.
7) The storage of personal data is carried out in a form that makes it possible to identify the subject of personal data no longer than required by the purposes of processing personal data, unless the period for storing personal data is established by federal law, an agreement to which the subject of personal data is a party, beneficiary or guarantor. The processed personal data is subject to destruction or depersonalization upon achievement of the processing goals or in the event of loss of the need to achieve these goals, unless otherwise provided by federal law.
8) The Company in its activities proceeds from the fact that the subject of personal data provides accurate and reliable information during interaction with the Company and notifies Company representatives about changes in his personal data.
3.2. The company processes personal data only in the following cases:
- processing of personal data is carried out with the consent of the subject of personal data to the processing of his personal data;
- the processing of personal data is carried out in connection with the participation of a person in constitutional, civil, administrative, criminal proceedings, proceedings in arbitration courts;
- processing of personal data is necessary for the execution of a judicial act, an act of another body or official that is subject to execution in accordance with the legislation of the Russian Federation on enforcement proceedings (hereinafter referred to as the execution of a judicial act);
- processing of personal data is necessary for the execution of an agreement to which the subject of personal data is a party or beneficiary or guarantor, as well as for concluding an agreement on the initiative of the subject of personal data or an agreement under which the subject of personal data will be a beneficiary or guarantor;
- the processing of personal data is necessary to protect the life, health or other vital interests of the subject of personal data, if obtaining the consent of the subject of personal data is impossible;
3.4. The company has the right to entrust the processing of personal data of citizens to third parties on the basis of an agreement concluded with these persons.
Persons processing personal data on behalf of Start Legal Company LLC undertake to comply with the principles and rules for the processing and protection of personal data provided for by Federal Law No. 152-FZ “On Personal Data”. For each person, a list of actions (operations) with personal data is determined that will be performed by the legal entity processing personal data, the purposes of processing, the obligation of such a person to maintain confidentiality and ensure the security of personal data during their processing is established, and requirements for the protection of processed personal data are specified. data.
3.5. If the Company entrusts the processing of personal data to another person, the Company is responsible to the subject of personal data for the actions of the said person. The person processing personal data on behalf of the Company is responsible to the Company.
3.6. The Company does not make decisions based solely on automated processing of personal data that give rise to legal consequences in relation to the subject of personal data or otherwise affect his rights and legitimate interests.
3.7. The company destroys or depersonalizes personal data upon achieving the purposes of processing or in the event of the loss of the need to achieve the purpose of processing.
- Subjects of personal data
4.1. The company processes personal data of the following persons:
- employees of the Company, as well as entities with whom civil contracts have been concluded;
- candidates to fill vacant positions in the Company;
- clients of LLC Legal Company "Start";
- users of the website of LLC Legal Company "Start";
4.2. In some cases, the Company may also process personal data of representatives of the above-mentioned personal data subjects authorized on the basis of a power of attorney.
- Rights of personal data subjects
5.1. The subject of personal data whose data is processed by the Company has the right to:
5.1.1. Receive from the Company within the time limits provided for by law the following information:
- confirmation of the fact of processing of personal data by LLC Legal Company “Start”;
- on the legal grounds and purposes of processing personal data;
- about the methods used by the Company for processing personal data;
- about the name and location of the Company;
- about persons who have access to personal data or to whom personal data may be disclosed on the basis of an agreement with LLC Legal Company "Start" or on the basis of federal law;
- a list of processed personal data relating to the citizen from whom the request was received and the source of its receipt, unless a different procedure for providing such data is provided for by federal law;
- about the terms of processing of personal data, including the periods of their storage;
- on the procedure for a citizen to exercise the rights provided for by the Federal Law “On Personal Data” No. 152-FZ;
- name and address of the person processing personal data on behalf of the Company;
- other information provided for by the Federal Law “On Personal Data” No. 152-FZ or other federal laws.
5.1.2. Request clarification of your personal data, their blocking or destruction if the personal data is incomplete, outdated, inaccurate, illegally obtained or is not necessary for the stated purpose of processing.
5.1.3. Withdraw your consent to the processing of personal data.
5.1.4. Demand the elimination of unlawful actions of the Company in relation to his personal data.
5.1.5. Appeal the actions or inaction of the Company to the Federal Service for Supervision of Communications, Information Technology and Mass Communications or in court if a citizen believes that LLC Legal Company “Start” is processing his personal data in violation of the requirements of Federal Law No. 152- Federal Law “On Personal Data” or otherwise violates his rights and freedoms.
5.1.6. To protect your rights and legitimate interests, including compensation for losses and/or compensation for moral damage in court.
- Responsibilities of the Company
6.1. In accordance with the requirements of Federal Law No. 152-FZ “On Personal Data”, the Company is obliged to:
- Provide the subject of personal data, upon his request, with information regarding the processing of his personal data, or, on legal grounds, provide a reasoned refusal containing a reference to the provisions of the Federal Law.
- At the request of the personal data subject, clarify the processed personal data, block or delete if the personal data is incomplete, outdated, inaccurate, illegally obtained or is not necessary for the stated purpose of processing.
- Keep a log of requests from personal data subjects, which should record requests from personal data subjects to receive personal data, as well as facts about the provision of personal data in response to these requests.
- Notify the subject of personal data about the processing of personal data if the personal data was not received from the subject of personal data.
The following cases are exceptions:
The subject of personal data is notified of the processing of his personal data by the relevant operator;
Personal data was obtained by the Company on the basis of federal law or in connection with the execution of an agreement to which the subject is a party or beneficiary or guarantor.
Personal data was obtained from a publicly available source;
Providing the subject of personal data with the information contained in the Notice of processing of personal data violates the rights and legitimate interests of third parties.
6.2. If the purpose of processing personal data is achieved, the Company is obliged to immediately stop processing personal data and destroy the relevant personal data within a period not exceeding thirty days from the date of achieving the purpose of processing personal data, unless otherwise provided by the agreement to which the subject is a party, beneficiary or guarantor personal data, another agreement between the Company and the subject of personal data, or if the Company does not have the right to process personal data without the consent of the subject of personal data on the grounds provided for by No. 152-FZ “On Personal Data” or other federal laws.
6.3. If the subject of personal data withdraws consent to the processing of his personal data, the Company is obliged to stop processing personal data and destroy personal data within a period not exceeding thirty days from the date of receipt of the said withdrawal, unless otherwise provided by an agreement between the Company and the subject of personal data. The Company is obliged to notify the subject of personal data about the destruction of personal data.
6.4. If a subject receives a request to stop processing personal data in order to promote goods, works, and services on the market, the Company is obliged to immediately stop processing personal data.
6.5. The company is obliged to process personal data only with the written consent of the subject of personal data, in cases provided for by Federal Law.
6.7. The company is obliged to explain to the subject of personal data the legal consequences of refusal to provide his personal data if the provision of personal data is mandatory in accordance with Federal Law.
6.8. Notify the subject of personal data or his representative about all changes concerning the corresponding subject of personal data.
- Information about the measures taken to protect personal data
7.1. When processing personal data, the Company takes the necessary legal, organizational and technical measures to protect personal data from unauthorized or accidental access, destruction, modification, blocking, copying, provision, distribution of personal data, as well as from other unlawful actions in relation to personal data.
7.2. Ensuring the security of personal data is achieved, in particular:
- identifying threats to the security of personal data during their processing in personal data information systems;
- application of organizational and technical measures to ensure the security of personal data during their processing in personal data information systems necessary to fulfill the requirements for the protection of personal data, the implementation of which ensures the levels of personal data security established by the Government of the Russian Federation;
- the use of information security means that have passed the compliance assessment procedure in accordance with the established procedure;
- assessing the effectiveness of measures taken to ensure the security of personal data before putting into operation the personal data information system;
- taking into account computer storage media of personal data;
- detecting facts of unauthorized access to personal data and taking measures;
- restoration of personal data modified or destroyed due to unauthorized access to it;
- establishing rules for access to personal data processed in the personal data information system, as well as ensuring registration and accounting of all actions performed with personal data in the personal data information system;
- control over the measures taken to ensure the security of personal data and the level of security of personal data information systems.
- assessment of the harm that may be caused to subjects of personal data in the event of a violation of the legislation of the Russian Federation in the field of personal data, the relationship between this harm and the measures taken aimed at ensuring compliance with the legislation of the Russian Federation in the field of personal data.
In this article you can learn more about the creation and activities of TSN, as well as find out the prices of our company for this service and estimate the amount of work that we provide within this price.
We have been registering TSN since September 2014. During this time, we have gained a lot of experience, as our company’s lawyers help register TSN throughout Russia. Moreover, we created , , in office buildings, , in garage complexes, on land plots.
WHAT DO WE NEED FROM YOU?
You will need to find an initiative group of owners in order to initiate a general meeting of property owners, send out notices and count votes. Only the owner has the right to initiate a general meeting and create a TSN.
It is necessary to hold a general meeting of property owners on the creation of TSN and correct registration of meeting results, so that no one can
SCOPE OF OUR WORK:
- prepare a written consultation on the procedure for holding a general meeting for the initiative group of owners;
- advise the initiative group on issues of holding general meetings orally and by e-mail;
- develop an agenda for the general meeting;
- prepare regulations for the general meeting;
- prepare instructions for owners on voting procedures;
- prepare the text of notifications to owners about the meeting;
- prepare registration sheets for delivery of notices;
- prepare regulations for notifications to owners via SMS and e-mail;
- develop a form of ballots for voting by owners at the meeting;
- draw up registration sheets for meeting participants;
- develop a non-standard unique TSN charter to suit your needs;
- prepare a covering letter for the charter in order to explain its features;
- develop a protocol for the counting commission;
- draw up minutes of the general meeting of premises owners;
- prepare all attachments to the minutes of the general meeting;
- fill out form P11001 for registration of TSN;
- advise the initiative group on TSN taxation systems;
- prepare a notification to the Federal Tax Service on the transition to the selected taxation system;
- advise the applicant on the procedure for registering a TSN with the tax authorities;
- provide advice on the first steps after registering TSN.
DEADLINES
Compiling and sending notifications will take approximately 3-4 days. Then there is a period of 10 days before holding a face-to-face discussion of the agenda items. Minimum 2 weeks for absentee voting. Counting of votes and registration of voting results – 2 days. Registration of TSN with the tax authorities takes a week.
Total one and a half to two months.
TSN for three owners is created faster (may be relevant for
).
PRICE
The entire scope of work described costs 20,000 rubles.
Please note that this cost does not include the lawyer’s visits to the meeting and the submission of documents to the Federal Tax Service. It is better to negotiate these services separately, since the price will depend on the subject of the Russian Federation in which you create your partnership.
We are ready consider any of your needs and requests and offer you an individual procedure and an individual price depending on the volume of services you need and what budget you are counting on.
WHY SHOULD YOU CREATE TSN THROUGH US
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Extensive experience working on different types of real estate We created TSN in cottage villages, apartment buildings, office buildings, apartments, garage complexes, and land plots. |
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main idea We don’t just formally register your TSN, as our competitors do. We are creating TSN so that its creation cannot be challenged in court. |
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Non-profit organizations have a variety of organizational and legal forms (LEF), and sometimes it is difficult to make a clear choice between them. It is necessary to carefully consider how the relationship between the founders and members of a non-profit organization will be regulated, whether they will bear responsibility and to what extent, whether the NPO has the right to conduct business activities, who will own the property transferred to the ownership of the NPO, etc. Partnership- one of the forms of non-profit organization. When deciding to create an NPO in the form TSN (HOA), you need to take into account its characteristic features. According to an excerpt from the Civil Code of the Russian Federation as of October 2019: “A partnership of real estate owners is recognized as a voluntary association of owners of real estate (premises in a building, including an apartment building, or in several buildings, residential buildings, country houses, gardening, gardening or summer cottage land plots, etc.), created by them for joint ownership, use and, within the limits established by law, disposal of property (things) that, by force of law, are in their common ownership or for common use, as well as to achieve other goals provided for by law. The Association of Real Estate Owners is not liable for the obligations of its members. Members of a real estate owners' association are not liable for its obligations. By decision of its members, a real estate owners' association can be transformed into a consumer cooperative. The homeowners association is the owner of its property. Common property in an apartment building, as well as common objects in horticultural, gardening and dacha non-profit partnerships belong to the members of the corresponding partnership of real estate owners on the right of common shared ownership, unless otherwise provided by law.” The activities of some partnerships are regulated by separate laws, for example, the Federal Law “On gardening, gardening and dacha non-profit associations of citizens.” The Real Estate Owners Association (RPH) has replaced the Home Owners Association (HOA). This organizational and legal form was introduced by the new Civil Code of the Russian Federation in 2014. Registration of TSN, as well as consumer cooperatives, is carried out not by the Ministry of Justice, but by the tax authority responsible for state registration of legal entities. Thus, the procedure and timing for registering a TSN (HOA) are identical to the general procedure that applies to almost all types of legal entities. However, it is necessary to take into account the fact that NPOs are under increased attention from government agencies, so the collection and filling out of documents should be taken much more seriously than the registration of ordinary companies. Deadlines for registration of TSN (HOA) in Moscow and Moscow Region in 2019Submit your applicationEmployees of the company "US Liberum" have extensive experience in the field of registration of non-profit organizations and are ready to advise the client on choosing the most correct form of non-profit organization that best suits its tasks. Our lawyers have a high level of qualifications to provide comprehensive assistance in registering non-profit organizations of any type - public associations, foundations, consumer cooperatives, institutions, homeowners' associations, housing cooperatives, etc. They will prepare the required set of documents and represent your interests in all authorities - Rosstat, the tax inspectorate, extra-budgetary funds (PF, Social Insurance Fund) and banks - thereby significantly saving time and effort in going through all stages of approval. Consultations by specialists of the company "US Liberum" on issues related to the registration of NPOs, including the choice of the organizational and legal form of the NPO, are provided FREE OF CHARGE. Services for registration of TSN (HOA)
Additional services when registering an NPO
List of documents required for the creation and registration of an NPO
Our specialists will prepare all the necessary documents for registering an NPO, and also organize their certification by a notary at any time convenient for the customer without queuing. Advantages of registering a TSN (HOA) with the company "US Liberum"
Cost of services for registration of TSN (HOA) in Moscow and Moscow Region
For questions related to the registration of TSN (HOA) and other non-profit organizations (NPOs), please contact our specialists by phone: +7 (495) 507-99-13 , +7 (495) 642-45-97 . In 2014, the civil legislation of the Russian Federation was supplemented with a new form of legal entity - the Partnership of Real Estate Owners (TSN). A partnership of real estate owners is recognized as a voluntary association of owners of real estate (premises in a building, including an apartment building, or in several buildings, residential buildings, country houses, gardening, gardening or summer cottage land plots, etc.), created by them for joint possession, use and, within the limits established by law, disposal of property (things) that, by force of law, is in their common ownership or in common use, as well as to achieve other goals provided for by law. Currently, the legal mechanism for creating a TSN is described in only three articles of the Civil Code of the Russian Federation (123.12-123.14). State registration of TSN in Moscow is carried out by MRI Federal Tax Service No. 46 for Moscow. Registration period is 3 working days (from December 29, 2015). The cost of our services for legal support of state registration of the creation of TSN includes: - preparation of documents for the general meeting of property owners (notices of the meeting, voting ballots, text of the charter, minutes of the results of the meeting); Request for up-to-date information about property owners in Rosreestr (if necessary); Preparation of an application for state registration of the creation of TSN in form R 11001; Visiting a notary together with the applicant; Submission of documents to the tax authority and receipt of documents confirming state registration of the creation of TSN. Documents required for a notary (to certify the applicant’s signature)Applicant's passport. Documents required for submission to the tax office Minutes of the general meeting of owners; Two copies of the Charter; Application for state registration of the creation of TSN in form R 11001; Receipt for payment of state duty - 4,000 rubles (generate a receipt); List of property owners; Notarized power of attorney (in case the applicant does not submit the documents in person); Three copies (when submitting documents to the Interregional Inspectorate of the Federal Tax Service No. 46 in Moscow) of an application for the transition to a simplified taxation system (if necessary). Approximate costs for state registration of TSN 1. state duty - 4,000 rubles; 2. notary services for certification of the signature on the application form P 11001 - 1,500 - 1,800 rubles (depending on the notary's tariffs); 3. power of attorney for a representative (in case of submission of documents by a representative) - 1,700 - 2,000 rubles (depending on the notary's tariffs). Our services for registering a TSN include: consultation on the issue of creating a TSN, preparing the necessary documents for the general meeting of owners, submitting documents to the registration authority and obtaining documents confirming the state registration of the TSN (TIN certificate, OGRN certificate, Charter, record sheet). We will help you register a TSN in Moscow or the Moscow region (Podolsk, Balashikha, Chekhov, Korolev, Domodedovo, Zheleznodorozhny, Reutov, Kotelniki, Lyubertsy, Mytishchi, Noginsk, Odintsovo, Khimki). FAQ: 1. Can owners with less than 50% of the votes create a TSN? According to the norms of the Housing Code of the Russian Federation, a meeting of owners is valid if at least 50% of the owners took part in it. The Civil Code of the Russian Federation establishes rules regarding the creation of a TSN, the procedure for making decisions, and participation in civil circulation. Features associated with carrying out activities in a certain area may be provided for by special legislation. Regarding the minimum number of participants in legal entities (if it is not established by the Civil Code of the Russian Federation), special legislation must apply. The Civil Code of the Russian Federation (Chapter 9.1) regulates the procedure for holding meetings of the civil law community. The decision of the meeting, with which the law associates civil legal consequences, gives rise to the legal consequences to which the decision of the meeting is aimed, for all persons who had the right to participate in this meeting (participants of a legal entity, co-owners, creditors in bankruptcy and other participants in the civil legal community ), as well as for other persons, if this is established by law or follows from the essence of the relationship. According to Art. 181.2 of the Civil Code of the Russian Federation, the decision of the meeting is considered adopted if the majority of the meeting participants voted for it and at least fifty percent of the total number of participants in the relevant civil law community participated in the meeting. Thus, according to the norms of the Civil Code of the Russian Federation and the Housing Code of the Russian Federation, owners with less than 50% of the votes cannot create a TSN. 2. Who should act as an applicant when creating a TSN and is it necessary for all owners to be present at the notary? The applicant must be the owner authorized to be an applicant in the registration authority by decision of the general meeting of owners. In this case, the presence of other owners at the notary is not necessary. 3. Is it possible to create a TSN in an apartment? At the moment, there is no definition of apartments in the current Russian legislation. Apartments are non-residential premises intended for the residence of citizens. A bill is currently being developed that would equate apartments to residential premises. It is currently not possible to create an HOA to manage non-residential buildings, but the creation of a TSN is possible. (Example of judicial practice.pdf to challenge the legality of creating a HOA in apartments). 4. Can a TSN uniting land plots and residential buildings include an apartment building located in another region (for example, a TSN uniting land plots and residential buildings in the Moscow region will include an apartment building located in Moscow? That is, when lack of common boundaries)? Yes maybe. A partnership of real estate owners can be created not only by the owners of premises in an apartment building, and only under certain conditions - by the owners of other real estate objects specified in the law (premises in several apartment buildings, several residential buildings, country houses with or without personal plots, garages and other objects ), but also the owners of premises in a building, including an apartment building, or in several buildings, residential buildings, country houses, gardening, gardening or summer cottage land plots, and other real estate (clause 1 of Article 123.12 of the Civil Code of the Russian Federation). In addition, the houses can be anything - either close or not, located on land plots that have a common border or not. 5. Are there requirements for the preparation of minutes of general meetings of premises owners? Yes, they do exist. Business and finance 2024 emny.ru |