Agenda of the general meeting of owners change of the agenda of the meeting. How to write a meeting agenda What is the agenda

Issues for the agenda of the annual general meeting of shareholders and nominate candidates to the board of directors (supervisory board) of the company, the collegial executive body, the audit commission, if in accordance with the company's charter the presence of an audit commission is mandatory, and the counting commission of the company, the number of which cannot exceed quantitative the composition of the relevant body, as well as the candidate for the position of sole executive body. Such proposals must be received by the company no later than 30 days after the end of the reporting year, unless a later date is established by the company's charter.

2. If the proposed agenda for an extraordinary general meeting of shareholders contains the issue of electing members of the board of directors (supervisory board) of the company, shareholders or a shareholder who collectively own at least 2 percent of the voting shares of the company have the right to propose candidates for election to the board directors (supervisory board) of the company, the number of which cannot exceed the quantitative composition of the board of directors (supervisory board) of the company.

If the proposed agenda for an extraordinary general meeting of shareholders contains the issue of establishing a sole executive body of the company and (or) early termination of the powers of this body in accordance with paragraphs 6 and 7 of Article 69 of this Federal Law, the shareholders or shareholder who are collectively the owners no less than 2 percent of the company's voting shares have the right to nominate a candidate for the position of the sole executive body of the company.

The proposals specified in this paragraph must be received by the company at least 30 days before the date of the extraordinary general meeting of shareholders, unless a later date is established by the company's charter.

(see text in the previous edition)

3. A proposal to include issues on the agenda of the general meeting of shareholders and a proposal to nominate candidates are made indicating the name (name) of the shareholders (shareholder) representing them, the number and category (type) of shares owned by them and must be signed by the shareholders (shareholder) or their representatives. Shareholders (shareholders) of the company who are not registered in the register of shareholders of the company have the right to make proposals to the agenda of the general meeting of shareholders and proposals for the nomination of candidates also by giving appropriate instructions (instructions) to the person who takes into account their rights to shares. Such instructions (instructions) are given in accordance with the rules of the legislation of the Russian Federation on securities.

(see text in the previous edition)

4. A proposal to include issues on the agenda of the general meeting of shareholders must contain the wording of each proposed issue, and a proposal to nominate candidates - the name and details of the identity document (series and (or) number of the document, date and place of its issue, issuing authority document), each proposed candidate, the name of the body to which he is proposed for election, as well as other information about him provided for by the charter or internal documents of the company. A proposal to include issues on the agenda of a general meeting of shareholders may contain the wording of a decision on each proposed issue.

(see text in the previous edition)

5. The board of directors (supervisory board) of the company is obliged to consider the proposals received and make a decision to include them in the agenda of the general meeting of shareholders or to refuse to include them in the said agenda no later than five days after the end of the deadlines established by clauses 1 and this article. An issue proposed by the shareholders (shareholder) is subject to inclusion on the agenda of the general meeting of shareholders, as well as nominated candidates are subject to inclusion in the list of candidates for voting for elections to the relevant body of the company, except in cases where:

the issue proposed for inclusion on the agenda of the general meeting of shareholders of the company is not within its competence and (or) does not comply with the requirements of this Federal Law and other legal acts of the Russian Federation.

6. A reasoned decision of the board of directors (supervisory board) of the company to refuse to include a proposed issue on the agenda of the general meeting of shareholders or a candidate on the list of candidates for voting for elections to the relevant body of the company is sent to the shareholders (shareholder) who introduced the issue or nominated a candidate no later than three days from the date of its acceptance. If these proposals were received by the company from persons who are not registered in the register of shareholders of the company and gave instructions (instructions) to the person responsible for recording their rights to shares, the specified decision of the board of directors (supervisory board) of the company is sent to such persons no later than three days from the date of its adoption in accordance with the rules of the legislation of the Russian Federation on securities to provide information and materials to persons exercising rights under securities.

(see text in the previous edition)

If the board of directors (supervisory board) of the company makes a decision to refuse to include a proposed issue on the agenda of the general meeting of shareholders or a candidate on the list of candidates for voting for elections to the relevant body of the company, or if the board of directors (supervisory board) of the company evades such adoption decision, the shareholder has the right to apply to the court with a demand to compel the company to include the proposed issue on the agenda of the general meeting of shareholders or a candidate on the list of candidates for voting for elections to the relevant body of the company.

(see text in the previous edition)

7. The board of directors (supervisory board) of the company does not have the right to make changes to the wording of issues proposed for inclusion on the agenda of the general meeting of shareholders, and the wording of decisions on such issues.

Along with issues proposed by shareholders for inclusion on the agenda of the general meeting of shareholders, as well as candidates proposed by shareholders for the formation of the relevant body, the board of directors (supervisory board) of the company has the right to include issues and (or) candidates in the list of candidates on the agenda of the general meeting of shareholders to vote in elections to the relevant body of the company at its discretion. The number of candidates proposed by the board of directors (supervisory board) of the company cannot exceed the quantitative composition of the relevant body.

(see text in the previous edition)

8. If the proposed agenda of the general meeting of shareholders contains the issue of reorganization of the company in the form of a merger, spin-off or division and the issue of electing the board of directors (supervisory board) of the company created through reorganization in the form of a merger, spin-off or division, the shareholder or shareholders , who are collectively the owners of at least 2 percent of the voting shares of the reorganized company, have the right to nominate candidates to the board of directors (supervisory board) of the created company, its collegial executive body and, if in accordance with the charter of the created company the presence of an audit commission is mandatory, candidates to the audit committee commission, the number of which cannot exceed the quantitative composition of the relevant body indicated in the notice of holding a general meeting of shareholders of the company in accordance with the draft charter of the company being created, and also nominate a candidate for the position of the sole executive body of the company being created.

(see text in the previous edition)

If the proposed agenda for the general meeting of shareholders contains the issue of reorganizing the company in the form of a merger, the shareholder or shareholders who collectively own at least 2 percent of the voting shares of the reorganized company have the right to nominate candidates for election to the board of directors (supervisory board) of the newly created company. through reorganization in the form of a merger of a company, the number of which cannot exceed the number of members of the board of directors (supervisory board) of the company being created, elected by the relevant company, indicated in the notice of holding a general meeting of shareholders of the company in accordance with the merger agreement.

Proposals to nominate candidates must be received by the reorganized company no later than 45 days before the date of the general meeting of shareholders of the reorganized company.

The decision to include persons nominated by the shareholders or the board of directors (supervisory board) of the reorganized company as candidates into the list of members of the collegial executive body, the audit commission and the decision to approve the person performing the functions of the sole executive body of each company created through reorganization in the form of a merger, division or allocations are adopted by a three-quarters majority vote of the members of the board of directors (supervisory board) of the reorganized company. In this case, the votes of retired members of the board of directors (supervisory board) of this company are not taken into account.

(see text in the previous edition)

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On July 29, 2017, the President of the Russian Federation signed a new federal law “On gardening and horticulture by citizens for their own needs and on amendments to certain legislative acts of the Russian Federation.”
Free link to the new law for downloading (docx file format): Federal Law-217 dated July 29, 2017
The date of entry into force of the law is 01/01/2019. From the same date, Federal Law-66 of 04/15/98 becomes invalid.
Discussion of the law is open here:
(registration is required to make comments, suggestions, changes).

Federal Law-217 of July 29, 2017 - Constantly supplemented and amended comments to the new federal law, taking into account established practice.

AGENDA OF THE GENERAL MEETING

FAILURE TO COMPLY WITH THE STANDARDS OF LAW No. 66-FZ OF 04/15/98
ABOUT THE ORGANIZATION AND CONDUCT OF THE GENERAL MEETING IN SNT
AS A BASIS FOR CANCELLATION OF HIS DECISION

The article brought to your attention has been supplemented by the norms of the Civil Code contained in Part 1 Chapter 9.1 “Decisions of meetings”, introduced into the code by Federal Law No. 100 of May 7, 2013. As a result of this addition to the Civil Code and the norms already available in 66-FZ dated 04/15/98, today members of a horticultural association have a complete and comprehensive set of tools to recognize the general meeting as legitimate and obliging to carry out its decision, on the one hand, and to conclude that a decision made in violation of the law is null and void.

Page 7. AGENDA OF THE GENERAL MEETING

Although this issue is important for SNT, in Law No. 66-FZ it is almost not covered. However, even the minimum that is in the Law gives gardeners the right and grounds to cancel the decision of the general meeting in court, including, provided that the meeting was competent and there was a quorum corresponding to the number of SNT members.

Get to the point. According to Art. 21, clause 2, paragraph 6 " " "in the notice of general meeting members of such an association (meeting of authorized representatives) must be required to indicate the content of the issues to be discussed." This is where the norm of the Law ends. At first glance, there is nothing to be discussed here. But, this is only at first glance.

Let's imagine a real situation that happened in SNT "Pishchevik" October 4, 2009. Then the court considered the issue of invalidating the extraordinary general meeting of SNT members. One of the grounds for making such a decision by the court was precisely the agenda. In order not to torment you by re-reading the court decision declaring the general meeting illegal, I will briefly explain the essence of what was created by a group of opposition initiators, omitting those issues that are discussed on other pages of the site. But we must give credit to the initiative group - they managed to violate all the norms of Law No. 66-FZ of April 15, 1998 concerning the organization, implementation and implementation of the decision general meeting, taking at the same time the norms of other laws of the Russian Federation. This is just a classic for SNT: read the court decision and don’t do what the oppositionists did in Pishevik. And then everything will work out for you.

So. Meeting agenda was posted in prominent places in the community, but the deadline was violated. This should have happened 2 weeks before the meeting. It should be noted that the announcement is a duplicate element in notifying gardeners. Already at the meeting, the agenda was suddenly changed. Elections for the chairman of the SNT were added to it. And during the court hearings, a third agenda appeared, which no one had seen before. And it was allegedly approved and proposed by the audit commission. Naturally, none of the initiators approached the board with written proposals. Below you are offered excerpts from the court decision to understand the role and place of the norm of the Law we are now considering.

According to Minutes No. 1 of the general meeting of members of SNT "Pishchevik", the agenda was the election of the chairman of the board of SNT "Pishchevik", the election of members of the audit commission, the appointment of an audit, the obligation of the former chairman of the board of SNT "Pishchevik" B.S.V. transfer documentation on the financial and economic activities of the company and the seal to the newly elected chairman of the board R.V.A., approval of the regulations on the audit commission, approval of electricity tariffs, the amount of membership fees, salaries of the chairman and accountant-cashier, consideration of the application of a member of the company G. N. about exclusion from society, miscellaneous...

Agenda of the general meeting of owners:

Election of the Chairman and Secretary of the meeting
(The chairman conducts the meeting, answers questions, or gives the floor to the one who reports on individual items, the secretary keeps a record of the voiced theses and decisions made. They are elected within one meeting for the duration of its holding).
Selection of members of the Counting Commission
(The counting commission collects votes cast in the form of written decisions and calculates the adequacy of the quorum. The counting commission may optionally include any persons who are not the owners of the premises in the house (observers, consultants).
Choosing a method for managing an apartment building
(there are two options: management through a Management organization, or through the creation of a Real Estate Owners Association (formerly called HOA), as a non-profit organization owned by the owners. After the decision to create TSN can sign an agreement with the operating organization for the technical operation of the house, or organize this activity independently) .
Election of the House Council
(usually the Council includes active and caring residents who are really ready to monitor the work being performed, check and sign documents during the operation of the house, send the necessary applications to various authorities, receive documents and extracts and then submit them for consideration by the owners. The activities of the Council are regulated by Art. 161.1 Housing Code of the Russian Federation).
Election of the Chairman of the House Council
(The Chairman is authorized on behalf of all owners to negotiate and sign documents related to the management of an apartment building. The activities of the Chairman are regulated by Part 8 of Article 161.1 of the Housing Code of the Russian Federation).
Election of the Administrator of general meetings of owners
(The administrator (this function was introduced by Article 47.1 of the Housing Code of the Russian Federation) is responsible for organizing notification of owners about the meeting, as well as processing voting results in electronic form. The use of an electronic voting system and the recognition of such votes as valid requires a separate definition of the system or set of systems in which it is possible vote. Using the GIS Housing and Communal Services for this purpose requires registration on the State Services portal for each of the participants, and the registration account must be confirmed by presenting the original document to the Service Center. With the SKVER system, registration occurs on the basis of an individual access code issued to each owner, and voting in the system is confirmed by a paper ballot. The law does not require that the Administrator be the owner of the house; he can be any individual or legal entity.)
Selection of Managing Organization
(even if an HOA is created, a management organization is still determined at least for the period of transition to full self-government. You can leave the current one that currently manages the house, you can change it to another that presents its own plan - how it will manage the house in the existing conditions and budget. Now this budget is limited by the planned standard rate, annually approved by the Moscow Government. At the beginning of 2017, it is 26.5 rubles per m² of total area of the house, which can be specified in the materials for preparing for the meeting). By decision of the general meeting, it can be either lowered (at the level of the terms of the contract with the management organization) or increased (for example, in order to raise funds for any specific needs).
Determining the period for which the Management Agreement will be concluded
Signing a management agreement on behalf of the owners
Choosing a method for notifying owners of apartment buildings about subsequent meetings
(available options in order of increasing cost:
1. Placing relevant notices in the entrances of an apartment building
2. Notifying each owner, who left their contact information, about the meeting and materials for it via means of communication: email or SMS.
3. Notifying each owner permanently residing in the house through a door-to-door visit with a signature in the log.
4. Notifying owners by postal notice to the address of actual residence (if such an address is known), or by notice to mailboxes in the house (the most strange and useless way to waste a lot of money on postage).
Choosing a place for posting messages about general meetings of premises owners and their decisions
(a mandatory condition by law. You can place a paper notice on information boards at the entrance, on doors when leaving the house, and electronic copies of documents on the relevant Internet sites. In Moscow, such a site is the portal “Moscow Houses", but it does not have the opportunity sending messages about changes. There is a website SobDoma.Ru, the creators of which promise to regularly post and update information about meetings on requests from initiators, as well as send notifications through electronic systems and means of communication. In the GIS Housing and Communal Services, such a function is provided for by law, but this system is not in commercial operation in Moscow it will enter no earlier than 2019 (in the rest of the country it is promised on July 1, 2017. You can use at least all options, for each owner this is an individual choice during the meeting.)
Choosing a storage location for the minutes of the general meeting
(the protocol is a document, the forgery of which is punishable by law. An electronic copy of the protocol is subject to mandatory publication in publicly accessible Internet systems (on the portals "Moscow House" and the federal portal "Housing and Communal Services Reform"). The paper original is stored either with the chairman of the Council of the apartment building (and must be presented upon first request), or in the Managing Organization, where the liability of officials for its loss is stipulated. Several copies of the protocol can be made that have equal legal force and stored in several places. A copy of the protocol is sent to the Housing Inspectorate along with an electronic copy of the signature sheets, which , unlike the protocol, are not subject to publication.)

Individual questions for the meeting that can be included in the agenda:

Fencing the local area with barriers

Regulated by Decree of the Moscow Government No. 428-PP. Relates to the issues of exploitation of the land plot of an apartment building (Clause 2, Part 2, Article 44 of the Housing Code of the Russian Federation), accordingly, it requires a decision of 2/3 votes (66.67% of owners). The decision does not require registration of the land plot with cadastral registration, but it must be agreed upon with municipal deputies to obtain permission (and determine whether the installation violates the legal rights of other owners in neighboring houses). The application for the installation of a barrier is accompanied by a diagram of its placement, a design description and cost. The barrier and its structural accessories are community property; accordingly, the rules for its operation are also approved by the general meeting.

Exploitation of common property by third parties and organizations

This issue makes sense to include any situations when someone outside wants to legally use something belonging to the owners: walls, roof, attic and basement/ground rooms that were not initially designated as residential or administrative (non-residential) during construction houses, parking spaces in the yard and even cable channels in the entrances. All this exploitation, if it is aimed at making a profit (advertising or providing services to the population/organizations), provides compensation for it to the fund for the maintenance and repair of an apartment building. These funds can be used to make repairs, improve conditions in common property (make routine repairs or replacements), and even reduce utility bills.

Structural changes in the house(completion, making separate entrances, moving communications, etc.)

They must always be agreed upon with the general meeting of owners, with the provision of design documentation and a technical expert opinion that such changes will not cause damage to the house as a whole and to each specific room in particular.

Housing renovation program, providing for the possibility of demolishing the house and relocating

Refers to decisions on the reconstruction of an apartment building, clause 2.1 of Article 44 of the Housing Code of the Russian Federation. Requires a decision to be made by a qualified majority - 2/3 of the votes (66.67% of owners). Based on the results of the general decision, further options for the exchange and reconstruction of the house as a whole occur individually with each owner, based on the cadastral value of the housing and the corresponding options for equivalent exchange. At the moment, the “equivalent, but not less than equivalent” clause is not provided for in the bill. The cadastral value of your home can be found on the RosReestr website or directly in the register of owners for holding a meeting. It is important to understand that the value of housing is determined not only by the cadastral valuation, but also by many other factors, for example, the cost of the land plot on which the house is located. It can be calculated by taking the average cadastral valuation of a meter of land on any nearby plot, multiplying by the area of the land plot established by the land survey plan (determining its boundaries), dividing by the total area of premises in an apartment building and multiplying by the area of the premises in the property. For balanced bargaining with the developer, it is necessary that the land plot of the apartment building be registered in the cadastral register (legally registered as common property). However, the cost of the work of cadastral engineers in relation to the profit from registering property is negligible, but for individual citizens it is unaffordable. Therefore, the owners should decide to adopt a model for determining the source of financing for registering a land plot with cadastral registration.

Formulations for the protocol:

Refuse to include the house in the Moscow territory renovation program
- Send a notice of categorical refusal to the relevant departments and institutions.
- Organize work to register the land plot of an apartment building for cadastral registration
- Conduct an intra-house / quarterly competition for contractors among cadastral engineers
- Organize the collection of funds from owners to finance the registration of land plots with further registration of shared rights to common property.
Consider possible options for implementing a renovation program for the territory of the city of Moscow in relation to an apartment building.
- Apply for the possibility of including a house in the program
- Determine acceptable conditions and resettlement options for demolition and reconstruction
- Demand the provision of equivalent, but no less than equivalent, conditions for the replacement fund, based on the cadastral value of housing and the estimated cadastral value of the land plot of the MKD.
- Consider the possibility of temporary resettlement in a replacement fund for the period of construction of the house, with further return to the house built on the existing land plot.

All important decisions made at general meetings must be recorded. Documentary recording of how the event took place may be needed in the future if disagreements arise - even to the point of contacting higher authorities.

What kind of document is this

Sample minutes of the general meeting must meet a number of requirements, which we will consider in our article. If the correct form is not observed, from a legal point of view, the decisions made can be considered invalid.

This is why knowing the rules of how to write a protocol is very important. Anyone who will be responsible for this must have this information.

Minutes are required if the general meeting of LLC participants is dedicated to a meeting with representatives of other companies, resolution of disputes and problems brought before the commission, or production negotiations. Its main goal is to document those agreements that were adopted by joint decision during the event.

If such serious issues are touched upon as changes in the composition of the founders, issues of reform or complete liquidation of the company, etc., the protocol is drawn up with a preliminary study of the sample that was taken into account when writing the previous similar document.

The right to verify the correctness of its conduct belongs to the regulatory authorities. If they discover legal inconsistencies, the results of the event will be declared invalid.

What exactly does it contain?

A protocol is drawn up in two copies and no later than 15 days from the date on which the meeting was held. Here is a list of information required to be included in it:

time and date of the meeting;
the address where the meeting took place;
the total number of votes of participants, taking into account those absent;
data of the person appointed as the chairman and those who formed the presidium.

A mandatory item is the list of issues that the agenda contains. The main ones to be resolved are formulated in the form of abstracts and listed in the protocol form. Information about the decision made on each specific item is also required to be recorded.

Preliminary preparation

The one who is responsible for organizing and conducting the entire event must take care to carry out a number of preliminary procedures, namely: he formulates the agenda for the meeting, takes care of collecting the necessary documents and is engaged in notifying everyone who has the right to participate about its place and date. Those must be informed about the proposed agenda in order to be able to prepare.

Information about those present is entered into the minutes by the secretary before the start of the meeting. To do this, the number of votes recorded in the protocol must be in accordance with a pre-compiled list of those expected to be present.

Since it is sometimes impossible to instantly record all the information raised during a discussion, the person responsible for taking the minutes is allowed to use audio and video recordings to maintain accuracy. In addition, the secretary is instructed to make handwritten sketches on paper.

Without fail, sample minutes of the general meeting contain messages from everyone who spoke, a summary of the projects proposed for implementation and all the documentation on the basis of which the final decision was made. If any of this is omitted, the document can be legally considered invalid.

Different forms of management

The legislation allows you to keep the protocol in a detailed or short form. The last form is called a protocol-scheme. As a rule, information about the speakers and brief summaries of the debates are entered there. The essence of each of the speeches is described in detail.

Management decides which type of document to choose. Most often, this issue is agreed upon by the chairman and the participants.

The minutes of the general meeting of an LLC cannot be recognized as valid if it does not indicate the name of the organization in full. The abbreviated abbreviation should be written only after that.

All data must comply with the constituent documents. The title of the minutes indicates the type of meeting or the name of the body conducting it. Next, the secretary writes down all the information on the conduct of the event, which can be planned, extraordinary or annual. Other options are also possible.

The law requires the preparation of protocols at least once a year. The form of the event is also required to be recorded in the protocol and is implied with the personal presence of participants or in absentia.

What else is important

Sample minutes of the general meeting must contain the actual address of the meeting. The main part of the form contains the list of tasks that need to be resolved at the meeting. If we are talking about an annual meeting, by law a certain number of mandatory issues must be worked out.

An important point is the registration of each member of the meeting. In this case, his full name, position and the number of votes available are indicated. If we are talking about a joint stock company, data from passports or powers of attorney are entered.

The start and end times of the meeting are also recorded by the secretary, which is important. If actual (even formal) errors in filling out the form are discovered, all decisions made will become invalid.

Based on the results of the speeches, their main provisions are written down without providing the full text of each report, that is, the information is presented by the secretary briefly. The procedure ends with the signing of the protocol by the chairman and secretary with the obligatory indication of the actual date of completion.

If there is a staff meeting coming up

This is carried out regarding events that are significant to everyone. Its purpose is to resolve accumulated disagreements, monitor the implementation of regulatory internal acts of the enterprise, etc.

According to the Labor Code, the number of those present must be from half to 2/3 of the entire team. The decision is usually made by a simple majority of votes.

The requirements for the minutes of such a meeting are similar to those given above for general cases. The document must be drawn up on the letterhead of the enterprise (organization). It is customary to list speakers indicating the position of each.

If the agenda consisted of several issues, the work collective is obliged to consider each of them separately and make a decision individually. The summaries should reflect the issues on which the decision was positive or, accordingly, negative.

How are minutes of general meetings of an apartment building drawn up?

Currently, many questions arise regarding meetings of owners of apartment buildings or HOAs. This applies both to the conduct of the meetings themselves and to the correct execution of minutes.

It should be noted that there is no single legally accepted universal form of this document. Each HOA or multi-apartment residential building (MCD) may have its own template for such a document. In this regard, sometimes contradictions may arise on the topic of how to draw up a protocol, what questions can and should be included in it.

First of all, this is the issue of appointing a chairman and secretary. They are elected from among the owners gathered at the event. If several candidates are proposed at once, decisions are made by voting. Then the chairman instructs the secretary to record the results.

About the counting commission

Often, at such meetings, owners elect a counting commission, although this procedure is not provided for by the housing code. Since, according to the law, such an action is not mandatory, the absence of a commission will not invalidate the voting results.

An exception is the option when it was decided to compulsorily elect a counting commission at a preliminary general meeting of owners. Then failure to comply with this and other points of the regulations will be a violation. In this case, another form of conducting the event may be challenged in court.

Whose signatures are important?

Often disagreements arise on the issue of who should sign the final protocol. Some believe that this is the task of all owners present at the event. In fact, there is no such need.

If the meeting is held in person, the task of each person arriving is to sign in on the registration sheet before the start of the event. The signatures they put down indicate the presence of a quorum.

In the process of keeping minutes, the number of votes of those who are “for”, “against” and “abstained” is counted and entered by the secretary into the sheet intended for this purpose. To give legal force to such a calculation and to avoid inaccuracies, it makes sense for each of the voters to issue a ballot for personally filling in the necessary data with their own signature.

This procedure for reporting results guarantees transparency and accuracy of calculations. Sample minutes of the general meeting require the use of a similar ballot if the meeting is held in absentia.

Do you need details?

Is it possible not to include all proposals, comments and other statements of owners in the final protocol and is it worth doing this at all? To accurately reflect the chronology of the event, such inclusion is, of course, preferable. Moreover, if the protocol does not contain information about those who expressed their disagreement with the proposed decisions, litigation and the recognition of the results of the event as invalid are possible.

But it would be most correct to focus on which information is essential and which is not. Entering the names of the items “current issues” or “miscellaneous” is inappropriate. This kind of information does not have any valuable meaning and does not allow owners to prepare in advance for the event and develop a clear opinion on the issues proposed for resolution.

It should not be forgotten that each owner must receive a notification about the upcoming event no later than 10 days before the event date. At the same time, he must be informed about what issues are expected to be put on the agenda. That is why, both in the preliminary report and in the final protocol, it is recommended to provide as specific wording as possible.

Each regular meeting of LLC participants presents new tasks that lead either to success or to the collapse of the company. Therefore, the future activities of the society depend on what issues are discussed at it. So what should be the agenda for the general meeting of LLC participants?

An agenda is needed not for visibility of the company’s work, but, first of all, to identify and clarify tasks that require solutions. The clearer and more logical they are, the higher the likelihood of being brought to a “common denominator”.

What is an agenda?

An agenda is a list of issues that are required for discussion by LLC participants and on which a decision is made in order to develop the company. To understand this in detail, you need to take into account the order of passage.

If this event is divided into stages, the following can be distinguished:

– Sending notifications.

In advance of the annual meeting, a notice of convening is sent to each of the LLC participants 30 days in advance. This is done by registered mail to the participant’s residence address, telegram or other notification option agreed upon in the charter. The notification includes documents notifying about the date and place of the event, the procedure and deadlines for registration of participants, the type of meeting, etc.

A sample agenda should also be attached (Article 36 “Law on LLC”).

– Making proposals.

Within 15 days, each of the LLC participants has the right to supplement the agenda with issues that fall within the competence of the general meeting (Article 36 “Law on LLC”). Issues are recorded on the agenda in the wording stated by the participant. Edits are strictly not allowed, so you should take care of this in advance.

Within 15 days, each of the LLC participants has the right to add to the agenda.

The number of proposals is not limited by law (clause 21 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 90 and the Plenum of the Supreme Arbitration Court of the Russian Federation No. 14). There is also no framework for how they are sent to the convening body (for example, by mail with a notification, by courier in person), so it is better to reflect the procedure in the company’s charter.

– Repeated notification.

10 days before the start of the next general meeting, a second notification is sent to LLC participants with an amended agenda. It can no longer be changed. However, the company may set other short deadlines.

A sample notification can be downloaded.

– Entry into the protocol.

The agenda is included in the minutes of the general meeting of LLC participants. The order of consideration of issues is determined by degree of importance.

The agenda is the primary document for holding an annual meeting of LLC participants; if it is properly executed, the process of discussing the future path of development of the company becomes structured and productive.