Lawyer Pavel PetrovLawyer Pavel Petrov

RURU ENEN

Bankruptcy of Consumer and Credit Cooperatives in Russia

In briefThe exact type of cooperative must be identified first. An ordinary consumer cooperative follows corporate bankruptcy rules, while a credit consumer cooperative is a financial organisation governed by special Articles 189.1–189.5 of Federal Law No. 127-FZ. Membership does not create unlimited personal liability: Article 123.3 of the Civil Code limits subsidiary liability to the unpaid portion of each member’s additional contribution.

Classification matters

Credit, housing, agricultural and ordinary consumer cooperatives follow different regimes.

A share is not a bank deposit

The claim depends on the agreement, charter and special law, not ordinary deposit insurance.

Liability has a limit

The general ceiling is the unpaid additional contribution unless a special statute applies.

Identify the organisation

Review the corporate register, charter, self-regulatory membership and Bank of Russia register. A credit consumer cooperative accepts member savings and grants loans to members; special financial-organisation provisions apply. Housing, garage and agricultural cooperatives need separate analysis.

Member and creditor claims

SituationClaimEvidence
Return of a shareMonetary claim against the cooperativeCharter, withdrawal notice and calculation
Savings in a credit cooperativeClaim under the savings agreementAgreement, statements and membership
Loan granted by the cooperativeCooperative receivableSchedule, payments and security
Additional contributionDuty to cover losses within the approved amountBalance sheet and member resolution
Management misconductSeparate claim against controlling personsControl, breach and causation

Member liability

After approval of the annual balance sheet, members must cover losses through additional contributions within three months. Their joint subsidiary liability under Article 123.3 is limited to each member’s unpaid portion. It does not make every member liable for every cooperative debt.

Member and controller are different roles. A director, board member or de facto controller may face separate insolvency liability if control, breach and causation are proved.

Practical steps

  1. Obtain the register extract and charter and classify the cooperative.
  2. Check the Bank of Russia and SRO records for a credit cooperative.
  3. Collect agreements, payments, resolutions and correspondence.
  4. Review the court file and Fedresurs notices.
  5. Calculate the claim using supported amounts only.
  6. Lodge it within the court deadline and participate in creditor meetings.

See the guide to corporate bankruptcy and lodging a creditor claim.

Special regime for a credit consumer cooperative

A Russian credit consumer cooperative is treated as a financial organisation. Articles 183.1–183.26 and 189.1–189.6 of Federal Law No. 127-FZ apply in addition to ordinary consumer-cooperative rules. The regulator, self-regulatory organisation and temporary administration may become involved before liquidation proceedings.

IssueSpecial ruleMember action
Share refund after petition acceptancePayment of share-accumulation refund claims is suspendedLodge the claim in the case
Member savingsDistinguished from membership rightsProve the savings agreement and transfers
Temporary administrationMay be appointed on special groundsMonitor regulator and Fedresurs notices
Creditor meetingRegistered members may vote, including by ballotMeet the ballot receipt deadline
Additional contributionRequires a statutory and charter basisVerify the calculation before acceptance

“Share” is not a sufficient claim description. Share accumulation, personal savings transferred under contract, interest and damages have different legal grounds. Keep the contract, receipts, statements, calculation and membership evidence.

A cooperative is not a bank. The word “credit” does not create bank deposit insurance. Recovery follows credit-cooperation and insolvency legislation.

Member checklist

  1. Check Bank of Russia, SRO, Fedresurs and court records.
  2. Separate the membership share from personal savings.
  3. Reconcile principal, interest and prior payments.
  4. Lodge the claim within the court deadline.
  5. Verify the register entry and participate in creditor meetings.
  6. Review any additional-contribution demand separately.

Official credit-cooperative rules

Frequently asked questions

Are cooperative savings insured like bank deposits?

No. Ordinary bank deposit insurance does not apply; the agreement, SRO mechanisms and case must be examined.

May a member withdraw a share after the case begins?

Individual payment outside the proceeding is generally unavailable; the claim follows the statutory process and priority.

Are a member’s relatives liable?

Membership alone creates no family debt. Liability requires an independent basis such as a guarantee.

Who may petition against a credit cooperative?

Special rules define applicants and Bank of Russia powers; entitlement must be checked under Articles 183.1 and 189.1.

Can pre-bankruptcy transfers be challenged?

Potentially, under general and special avoidance rules, subject to evidence.

Official sources

Claim against a cooperative?

We can assess its type, evidence, deadline and priority without promising a predetermined outcome.

Initial consultation