The right to operational management of property – what is it and on what basis can it be obtained?

The concept of operational management rights

In the early 60s, the Soviet legal system was expanded and many new systems and concepts emerged.
And one of these concepts was the right of operational management, which belongs to the category of property rights and is used by government agencies and other government structures that are not the owners of material assets, but exercise control over the rational and efficient use of material resources. Many experts believe that the right of operational management helps to create a more efficient system, which is characterized by the rational use of property interests that are in state or municipal ownership. So, for example, Article 120 of the Civil Code of the Russian Federation states that, if necessary, the government structures of our country can create government institutions that will be entrusted with the responsibility to control and manage property values.

At the same time, it is worth noting that the subject of operational management can be created not only by state and municipal structures, but also at the request of the owners of any property.

Object and subject of operational management law

In accordance with the legislation that is in force in 2020, the subjects of operational management rights are state-owned enterprises and institutions that are financed by the owner.

State-owned enterprises are created on the basis of state and municipal property. Institutions can be created by any form of ownership, both state, municipal or private.

The objects of operational management law include:

The enterprises themselves are considered as property complexes. In addition, the objects of the right of operational management include property that is part of these property complexes, necessary for the implementation of the activities of enterprises.
Cash.

Legislative regulation

The Civil Code contains the basic provisions on property rights and the forms of its implementation. In particular, there is a special article devoted to operational property management.

Features of operational property management

Property used to conduct any activity or business does not always belong to the organization. Federal enterprises belonging to the state type and government institutions receive certain property, structures, and facilities for limited use, increasing their participation in economic activities throughout the country.

With the right of operational management of certain objects of state real estate, enterprises receive the right to dispose and own property in accordance with the procedure established by the provisions of Art. 296 Civil Code, i.e. conduct activities within the framework of the intended purpose of the property and the competence of the institution.

The circle of such organizations vested with the powers of conducting business activities and operational management includes the following structures:

housing stock;
institutions for the development of mass culture and sports;
educational and scientific educational institutions;
enterprises in the field of medicine;
complexes providing the supply of various utilities (heating, water, gas, electricity), etc.

The owner of the transferred property is the state or municipality, which allows such organizations to dispose of the entrusted property. In case of violation of the established rules for the operation of property, its damage, or use for other purposes, the state body has the right to revoke the authority of the organization and seize the object.

The objects that are transferred with the right of operational management include the following property:

municipal;
state;
private;
from the fund available to rural and urban entities.

The rules for using the right of operational management are regulated by the provisions of various legislative acts from the Civil, Tax, Budget Code, federal laws and acts of regional authorities. Permitted areas of activity in relation to certain property are also regulated by the owner.

Designation

Operational management is the right to manage a business and is derived from the right of ownership. It can only be used by a legal entity. To put it simply, the point is that property owned by a municipality or government agency can be used as necessary, that is, the right to such actions is transferred to another person, although they are limited.

The owner or director of the enterprise has the following rights:

Creating tasks and setting deadlines for their completion.
Making changes to the organizational structure.
Control of organizational processes.
Control over the correctness and legality of the use of property.
Appointment of management personnel, who can also be a supervisory body from the state.

There are also clear limitations to this format of state property management, including:

Sales operations, including individual objects.
Rental.
Use as collateral for lending.

Important! If you obtain permission from the primary owner, that is, the state, even such actions may be permitted.

Among other features, the following should be highlighted:

Subjects cannot be divided into parts and shares; they are transferred to the manager only as a single whole.
The manager is responsible for the entrusted property; in addition, it is on the balance sheet of his enterprise.
The person carrying out the management in question is still subordinate to the primary owner.

Operational management of municipal property

Property as an object of transfer of rights The transfer of real estate and other property of different types of property to operational management is allowed: state, municipal, belonging to urban and rural entities, enterprises, organizations, and individuals. Real estate in the context of civil and economic law has a number of characteristic features: a clear location and the impossibility of moving without losing its basic properties, individual isolation, high cost and a legally established legal status with the need for state registration. An enterprise is a special type of real estate involved in property state turnover. The entire set of property of an enterprise: real estate, valuables, movable property, liabilities, cash, debts, intellectual property - acts as a single whole.

Limited right

This is exactly what can be said about operational management; among the most important features are the following:

Only state-owned and most often manufacturing enterprises can be managed in this way; the property is owned by the state directly or through the municipality.
The operational manager manages property, but only in the area where the enterprise operates. Sometimes adjustments to certain actions occur due to the instructions of the owner.
It is impossible to dispose of the entrusted property without the consent of the state. The only thing that is possible is to sell the products produced.

Features of real estate management in conditions of limited rights

To register, the institution sends to the registering authority an application, an owner’s deed, an object-by-object list of property indicating inventory numbers, residual and book value, accrued depreciation and other necessary documents. The right of operational management can be transferred to existing property complexes that are in the process of reconstruction or construction. For objects that have not completed construction, it is allowed to register ownership of real estate and transfer it to operational management at the same time.

Return to contents Basic principles of management The legal field of operational property management involves various regulations for the functioning of management entities in terms of the level of responsibility in relation to property, organization of activities and financial mechanisms.

Functions and tasks of the manager

The one who stands at the helm of operational management has certain functional tasks that, upon becoming the owner, he is obliged to perform. He is also given specific tasks for which he bears responsibility.

Functions

Among them are:

Coordination of the work of all structural divisions. If we consider a full-cycle manufacturing enterprise, then the manager’s functions include order processing, communication with production facilities, and sales of finished goods.
Work with document flow. In this case, the operational manager is responsible, and not the final owner, that is, all the necessary papers, in particular reports, must be prepared in a timely manner, otherwise liability under the law cannot be avoided.
Planning. Managers control the deadlines for completing assigned tasks. In addition, the owner must be provided with a report.
Production management, including quality control of manufactured goods.
Accounting for costs that cannot be eliminated and their adequate justification.
The technical component for performing production tasks, that is, equipping with all the necessary units, accounting, safety and dispatch of manufactured goods.
Inventory accounting and timely procurement of raw materials.

Tasks

The tasks that are set before the operational owner are numerous, but the main one is to make production profitable. Among the key tasks that contribute to this:

Determining the volume of goods produced that can be produced at existing facilities.
Selecting a production location based on the price-quality parameter.
Coordination of orders received by the enterprise.
Issuing assignments for work.
Establishing adequate deadlines for completion.
Monitoring compliance with rules and deadlines.
Ensuring maximum operational efficiency.

Article 296. Right of operational management

Institutions are created to implement production, management, socio-cultural and other functions. The owner determines the procedure for planning and executing these tasks, partially or fully finances their activities, reorganizes, and liquidates created enterprises unilaterally. Depending on the legal status of organizations, they acquire property management rights with varying amounts of powers. The level and boundaries of ownership of property are determined by current legislative norms, the terms of the agreement or contract and the decisions of the owner on issues that the legislation assigns to his competence. State-owned enterprises - unitary, business societies, partnerships, cooperatives - carry out activities aimed at making a profit from performing work, public services, functions of government bodies at all levels.

How is the right to operationally manage real estate regulated?

Legislative norms governing the ownership of real estate and other rights to them are described in the Civil Code of the Russian Federation. In addition to general or private ownership of property, the law allows for its transfer to operational management. This possibility is specified in Article 296 of the Civil Code. The type of property, movable or immovable, does not matter.

It is important to register such property management. These requirements are spelled out in Article 131 of the Civil Code and the Law “On State Registration of Real Estate”.

How to register the right of operational management of real estate

3 tbsp. 1 of the Law, paragraphs. 8 clause 4 art. 374 Tax Code of the Russian Federation).

Movable property acquired before 01/01/2013 and registered as fixed assets remains among the objects subject to corporate property tax, i.e. For such objects, the previous taxation procedure remains the same.

In this case, things that are not related to real estate are recognized as movable property, incl. money and securities (clause 2 of article 130 of the Civil Code of the Russian Federation).

Immovable things (real estate, real estate) include land plots, subsoil plots and everything that is firmly connected to the land, i.e. objects, the movement of which without disproportionate damage to their purpose is impossible, including buildings, structures, unfinished construction projects, as well as aircraft and sea vessels subject to registration, inland navigation vessels, space objects and other property that may be classified by law as immovable things ( Clause 1 of Article 130 of the Civil Code of the Russian Federation).

We suggest you read: If the guarantor has no property

In the “1C: Accounting 8” program, the attribute of classifying fixed assets as movable (immovable) property is selected in the Fixed Asset Accounting Groups field of the directory element “Fixed Assets”. At the same time, a message appears reminding you of the changes that came into force on 01/01/2013. Depending on the selected group, fixed assets acquired from 01/01/2013 will be subject to or not subject to property tax.

In the Directory of Business Operations. 1C:Accounting 8 a new practical example has been added:

Acquisition of movable and immovable property from 01/01/2013 - an organization acquires movable and immovable property after 01/01/2013 and prepares a tax calculation for the advance payment of corporate property tax for the 1st quarter of 2013, while having basic assets on its balance sheet at the beginning of the year funds (movable property).

For other directory news, see here

What is registration of operational management

Under the right of operational management, property is assigned for free use and implementation of its own activities. In particular, in this way state property is transferred to budgetary organizations - kindergartens, schools, etc.

But just transferring property is not enough. You need to register the rights themselves, that is, confirm their transfer. Law No. 218 defines registration as entering the relevant data into the Unified State Register of Real Estate.

What does the property management agreement include?

An agreement on securing property under the right of operational management can be concluded only on the basis of a resolution of the head of the municipality (administration). The right to manage property is exercised only by a legal entity that is able to effectively use the property transferred to operational management, based on the main type of activity of the organization.

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The real estate operational management agreement specifies the following information.

Data of the parties to the contract.
Data on the subject of the contract. This may be the name of the property, its location, technical characteristics, purpose.
The cost of the property transferred to management. It must be taken into account on the balance sheet of the legal entity.
Specific rights that an organization receives as a result of the transfer of property to operational management.
Responsibilities of the parties to the contract.
Contract time.
Instructions for making adjustments to the contract, if necessary.
Conditions under which the operational management agreement can be terminated early and unilaterally.
Signatures of the parties and sealing.

The contract for operational management of property must be accompanied by a transfer and acceptance certificate. The act should indicate a complete list of the property transferred to operational management, describe its technical characteristics, actual condition and established value.

When transferring premises to operational management, it is necessary to attach to the documents a certified copy of the floor plan of the building in which it is located. In a situation where the entire building is transferred under the contract, a technical plan of the building and the land plot on which it is located is attached to the documents.

Why and who needs registration?

Despite the legislative requirement to register assignment to the right of operational management of real estate, many people wonder about the mandatory nature of this procedure. Since it requires certain expenses, as well as the collection of a number of documents, it is not surprising that people want to do without it.

However, having received property and begun to use it, without registration, the institution does not receive the right to this property, which is fraught with difficulties in the event of controversial situations.

According to Law 218, registration is the only reliable confirmation of such right. After passing it, you can challenge the rights of operational management only in court.

Operational property management

Operational management of property as a property right is granted by the Civil Code of the Russian Federation to state government institutions and enterprises. This right is used in both public and private property.

Operational property management is characterized by the following features. This right is exercised by government agencies within the framework of the law in accordance with the specific goals of their activities and the purpose of their property. Unlike the owner of property, the powers of the holder of this right have limits. They can be determined by the owner, who has the right to dispose of it at his own discretion or even seize the property from the holder of the right of operational management.

The entities assigned to the operational management of property may have different statuses and be assigned different tasks. In connection with this, the Civil Code defines different norms of this right.

As a rule, the state creates state-owned enterprises in the most important areas and areas of economic activity. Therefore, it is directly interested in ensuring that the property base of these enterprises is retained by them and contributes to the implementation of the tasks assigned to them. That is why the operational management of property is strictly regulated by the Civil Code and is largely limited to strict limits.

The owner of the property may withdraw the property from operational management in the event of its irrational use and transfer it to another enterprise at his own discretion. At the same time, the owner of the property has the right to determine the main directions of activity of the government institution, as well as the distribution of the income it receives.

A state-owned enterprise can alienate and dispose of property transferred to it under the right of operational management only with the consent of the owner. It can only sell its products independently.

Institutions can be not only public, but also private. Therefore, the regime of operational management rights should reflect the characteristics of the functions performed by the enterprise, the ability to manage income, etc.

Institutions that have property under management cannot dispose of it independently. However, property owners are responsible for the possible consequences of their interference in the economic activities of the enterprises to which the property is transferred for management. This is expressed in the establishment of subsidiary liability for the obligations of state, budget and private institutions in cases of insufficiency of their own property.

In addition, there is also the right to manage property. It, like operational management, belongs to a legal entity. It consists in granting powers to dispose of someone else's property. The purpose of these rights is to create opportunities for independent participation of legal entities that do not own their own property in civil circulation.

The holders of the right of economic management are state and municipal enterprises. Economic management of property and operational management of property differ in the content and scope of powers received by their holders from property owners.

The right of management is the ability to own, dispose and use property transferred by the owner, within the limits established by law. It does not give the right to independently dispose of real estate, but at the same time, decisions regarding movable property can be made without the consent of the owner. The owner retains the right to create, liquidate or make other changes in the activities of the enterprise, the right to control its property, as well as the right to receive a portion of the profit. In other words, the right of operational management allows you to own and dispose of property in accordance with the instructions of the owner and the purpose of the property transferred to management.

Procedure for registering rights

The right of operational management of real estate arises on the basis of the transfer of the property by the owner to the company that will manage it. To register, you need to submit a list of documents to Rosreestr. An application for registration is also submitted by the company to which such rights are transferred. You can submit your application in person or by mail. In addition, it is possible to apply for registration at the MFC or through the State Services portal. This type of registration is not subject to state duty. The procedure itself boils down to checking the submitted documents and entering the necessary information into the register.

Documents required for registration

Registration of lease of property under the right of operational management requires the submission of the following documents:

Constituent documents of the enterprise;
Personal documents of the applicant confirming his authority;
Document on securing the object;
Documents confirming the fact of transfer of property.

It is not necessary to submit additional documentation, namely an extract from the Unified State Register of Legal Entities, the state property register and a cadastral passport. They are considered additional documents and are submitted upon request.

If documents are submitted by a representative of the organization, he must have a valid power of attorney with the appropriate rights.

Mandatory registration of rights

After the state or municipal body has transferred its property under the right of operational management, the enterprise is obliged to register with Rosreestr. The general database of the Unified State Register contains records of all cases of transfer of property from the state into the possession of a state organization or enterprise.

The property transfer transaction is recorded in the database in accordance with the legally established procedure.

Registration procedure

When registering the right of operational management, an enterprise goes through a certain procedure based on the following sequence:

Preparation of documents confirming the fact of the transaction.
Contact the MFC or Rosreestr branch and transfer of documentation drawn up in connection with the transfer of rights.
Issuing a certificate of registration of rights and making a registration entry in the Unified Register, obtaining an extract from Rosreestr.

Agreement structure

The contract for the right to operational management of property has approximately the following structure:

information about the parties to the agreement;
list of transferred property, its characteristics;
information about real estate is taken from the register of rights to real estate;
the value of the transferred property;
a list of rights that the recipient legal entity receives;
rights and obligations of participants;
validity period, renewal procedure;
the procedure for making changes to the text of the agreement;
conditions for its early termination.

The transfer of real estate entails a change in the status of the land plot on which the object is located. This includes the unity of fate of the land plot and the real estate located on it.

The transfer of rights to the plot is formalized in the same agreement or in a separate agreement. Transactions are processed simultaneously.

What does the property management agreement include?

The real estate operational management agreement specifies the following information.

Data of the parties to the contract.
Data on the subject of the contract. This may be the name of the property, its location, technical characteristics, purpose.
The cost of the property transferred to management. It must be taken into account on the balance sheet of the legal entity.
Specific rights that an organization receives as a result of the transfer of property to operational management.
Responsibilities of the parties to the contract.
Contract time.
Instructions for making adjustments to the contract, if necessary.
Conditions under which the operational management agreement can be terminated early and unilaterally.
Signatures of the parties and sealing.

Contract for operational management of real estate between an individual and an individual entrepreneur

The purpose of this agreement is to generate income from the rental of real estate, the beneficiary of which is an individual.

Is the obligation to pay personal income tax assigned to the founder of trust management at the place of his residence (registration) or can the trustee pay tax on personal income at the place of residence of the founder of trust management with a direct indication in the trust management agreement or in accordance with a separate order ?

Property relations between persons carrying out entrepreneurial activities under a property trust management agreement are regulated by Art. 1012-1026 Civil Code of the Russian Federation. Despite the fact that according to Art. 1012 of the Civil Code of the Russian Federation, the transfer of property into trust management does not entail the transfer of ownership of it to the trustee, in accordance with Art.

Attention

Terms of the property trust management agreement The Civil Code clearly lists the conditions that must be reflected in the text of the agreement. Without agreement between the parties, the property trust management agreement is simply considered unconcluded.

Thus, the essential conditions include:

about objects transferred to the manager (complex property is transferred according to the inventory);
the subject in whose interests the agreement will be implemented;
the amount of remuneration that the owner will pay to the manager (if remuneration is not expected, then the text of the agreement should directly indicate that it is gratuitous);
duration of the agreement (maximum 5 years).

The remaining terms of the property trust management agreement are not mandatory.

To protect the rights to property under management, the Trustee has the right to use any means of defense not prohibited by law, including a claim for recovery of property from someone else’s illegal possession, protection of the owner’s rights from any violations of his rights, even if these violations were not associated with deprivation possession, as well as protection of the rights of the owner who is not the owner (Articles 301, 302, 304, 305 of the Civil Code of the Russian Federation). 15. Option 1.

In the event of insufficiency of this property, foreclosure may be applied to the property of the Manager, and if his property is insufficient, to the property of the Founder that has not been transferred to trust management.

The founder of the management is obliged to warn the Trustee that the object transferred to trust management is encumbered with a pledge. Otherwise, the Trustee has the right to demand termination of this agreement on the grounds of clause 2 of Article 1019 of the Civil Code of the Russian Federation and payment to him of the remuneration due under this agreement for the year.

If trust management is a gratuitous agreement, the question is only raised about termination of the agreement, the requirement for remuneration is excluded. Within the limits provided by law, the Trustee shall exercise the powers of the owner in relation to the property transferred to his management.

The disposal of real estate is carried out by the Trustee in accordance with this agreement.

For all issues that have not been resolved in the terms of this agreement, but arising from the relations of the parties under it, affecting their property interests, the parties will be guided by the provisions of the current legislation of the Russian Federation. 28.

This agreement may be amended and/or supplemented by the parties during the period of its validity on the basis of their mutual consent and the presence of objective reasons that caused such actions of the parties. 29.

If the parties have not reached an agreement to bring the agreement into compliance with changed circumstances, at the request of the interested party, the agreement can be amended and/or supplemented by a court decision only if the conditions provided for by current legislation are met.

The consequences of changes and/or additions to this agreement are determined by mutual agreement of the parties or by the court at the request of any of the parties to the agreement.

When transferring property encumbered with a pledge into trust management, the pledgee's right to foreclose on this property is preserved. The founder of the management is obliged to warn the Trustee that the object transferred to trust management is encumbered with a pledge.

Otherwise, the Trustee has the right to demand termination of this agreement on the grounds of clause 2 of Article 1019 of the Civil Code of the Russian Federation and payment to him of the remuneration due under this agreement for the year. 12.

In a situation where it is not specified in the agreement, the profit from the use of the object is received by the founder of the management. As a general rule, the trustee can be an individual with the status of an individual entrepreneur or a commercial organization. This rule is quite logical, since the manager’s activity is entrepreneurial.

Fruits, products and income

If, in accordance with the constituent documents, an institution is granted the right to carry out income-generating activities, then the income received from such activities and the property acquired from these incomes come to the independent disposal of the institution and are accounted for on a separate balance sheet.

Fruits, products and income from the use of property under operational management, as well as property acquired by a unitary enterprise or institution under an agreement or other grounds, enter the operational management of the enterprise or institution in the manner established by the Civil Code of the Russian Federation, other laws and other legal acts for acquisition of property rights.

Seizure of property

It is allowed to seize property if:

it is not used;
not used for its intended purpose.

The law extends this right to objects assigned by the owner or acquired using funds allocated to them.

The owner has the right to dispose of the seized valuables as he sees fit.

Agreement for the right to operational property management

Agreement for the right to operational property management No.

g.
"" g.

in a person acting on the basis, hereinafter referred to as the “
Administration
”, on the one hand, and in a person acting on the basis, hereinafter referred to as the “
Institution
”, on the other hand, hereinafter referred to as the “
Parties
”, have concluded this agreement, hereinafter "Agreement" as follows:

SUBJECT OF THE AGREEMENT

1.1. Based on certificate No. dated "" of the year, the Administration transfers and the Institution accepts under this Agreement property (non-residential premises, building, structure) with a total area of sq.m., located at the address: under the right of operational management. For use under: . The characteristics of the premises are indicated in the extract from the technical passport of the BTI No. dated "" year, which is an integral part of this Agreement.

DURATION OF THE CONTRACT

2.1. The validity period of the Agreement for the right of operational management is established from "" year to "" year.

2.2. This Agreement comes into force from the moment of its registration in the manner prescribed by law.

PROCEDURE FOR TRANSFER OF PROPERTY

3.1. The transfer of property to operational management is carried out according to the Acceptance and Transfer Certificate. The act of transfer of premises is drawn up in accordance with current regulatory documents, registered in the manner prescribed by law, certified by the parties and stored in the file for execution of the Agreement.

3.2. This non-residential premises is taken into account on the balance sheet of the Institution.

RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. Rights and obligations of the Administration.

4.1.1. The administration has the right to: control the intended use and safety of the property transferred to the operational management of the Institution.

4.1.2. The administration has the right to seize excess unused or improperly used property and dispose of it at its own discretion.

4.1.3. In the event of an unreasonable refusal by the owner of city property (or the previous balance holder) to transfer non-residential premises to the balance sheet of the new owner, the Administration takes measures to implement it in accordance with current legislation.

4.2. Rights and obligations of the Institution.

4.2.1. The institution has the right:

own, manage and use the property provided to him within the limits outlined by the requirements of the law, the goals of his activities, the tasks of the owner and the purpose of the property;
contact GorBTI to prepare a technical passport.

4.2.2. The institution is obliged:

maintain non-residential premises in accordance with the rules and regulations of technical operation;
carry out major and current repairs, re-equipment of premises related to the activities of the Institution, at his own expense, within the time frame established by the territorial administration or municipal district (but not more than 2 years) in accordance with the documentation developed in a specialized design organization;
not to make any redevelopment or re-equipment of the premises related to the activities of the Institution, without the written permission of the Administration;
ensure unimpeded access to non-residential premises for representatives of executive authorities and administrative bodies for the purpose of checking documentation and monitoring the use of premises;
not to take actions that impede the inventory of non-residential premises transferred under this Agreement;

An institution does not have the right to alienate or otherwise dispose of the property assigned to it, or to:

sale, gratuitous transfer to another person, lease;
make a contribution to the authorized (share) capital of business companies and partnerships;
pledge property;
carry out other actions that may entail the alienation of state property;

4.2.3. The institution does not have the right to transfer operational management rights to other legal entities and (or) individuals.

EARLY TERMINATION OF THE AGREEMENT

5. The contract may be terminated:

by agreement of the parties;
upon liquidation or reorganization of the parties in accordance with current legislation;

Non-residential premises may be seized from the user in accordance with the established procedure in case of violations of the conditions of operation and use, untimely payments or untimely development (repairs, in accordance with warranty obligations).

OTHER CONDITIONS

6.1. This Agreement is concluded in two copies (appropriately bound, numbered and certified by the Administration), one is kept by the Institution, the second by the Administration.

6.2. If the details change, the parties are required to notify each other in writing by registered mail.

6.3. The placement of advertising on the outside of premises under operational management must be approved in accordance with the established procedure.

6.4. The inclusion of any other additional property requirements in the Agreement, in addition to those included in the administrative documents, is not permitted.

6.5. Disputes arising under the Agreement are considered in accordance with current legislation.

6.6. From the moment this Agreement comes into force, previous documents on the right of ownership of property and the conditions for their conclusion are considered invalid. Other changes to the Agreement are made only by an additional agreement signed by the parties to the Agreement.

LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

Administration

Legal address:
Mailing address:
Phone fax:
INN/KPP:
Checking account:
Bank:
Correspondent account:
BIC:
Signature:

Establishment

Legal address:
Mailing address:
Phone fax:
INN/KPP:
Checking account:
Bank:
Correspondent account:
BIC:
Signature:

The process of securing property under the right of ownership

To do this, a corresponding agreement and act on the transfer of assets are drawn up, and an official order is issued by the head of the government body.

For registration you need to prepare:

constituent documents;
certificate of state registration of the enterprise;
cadastral passport or plan of production premises;
agreement on transfer of rights;
inventory of assets, acceptance certificate.

If the assets were purchased at the expense of the income of a state-owned enterprise or institution, then consolidation is not required and the object comes into independent disposal and is accounted for on a separate balance sheet. The right of operational management is subject to state registration. From the moment of securing, the risk of accidental death or damage to objects falls on the owner.

The state has no right to interfere in the operational and economic activities of enterprises, except in cases expressly provided for in their charter.

The essence of operational management rights

In legal practice, the right of operational management (maintenance) refers to the property management that a state-owned enterprise will have over specific property. Such immovable object will be assigned to this enterprise.

The essence of this management will be as follows:

The interested party may own and use the premises;
The subject of the right of operational management can dispose only if the owner of the property has given his consent to conduct these transactions.

Transfer of control rights

When ownership transfers to another government agency, the right of operational disposal is retained. This right arises from the moment of transfer of assets (in the case of real estate, from the moment of registration of rights in Rosreestr), and terminates upon the lawful seizure of assets by the owner, as well as other reasons established by law.

When the owner changes, for example, from a municipal to a constituent entity of the Russian Federation, a certificate of ownership of the owner is issued. Assets are transferred to the disposal of a state-owned enterprise only on the terms of their use for the implementation of the production or other plan of the state-owned enterprise or institution. In cases where assets are used to achieve other goals, they may be seized by the state. Confiscation occurs according to a certain procedure - with the drawing up of an act confirming the misuse.

The procedure for transferring property under operational management is determined by the Civil Code of the Russian Federation. State-owned enterprises can initiate the invalidation of acts of the owner on the seizure or disposal of an object entrusted to them.

Registration of the right to operational management of real estate

According to clause 1, part 1, art. 16 of Law No. 218-FZ, the period for providing the public service in question, as a general rule, cannot exceed 7 days from the moment the application was registered with the Rosreestr body. This period is measured in working days, which include days from Monday to Friday.

Upon positive consideration of the application, an extract from the Unified State Register of Real Estate with a registration record is sent to the individual or legal entity using the method specified in the application. The applicant is also sent the documents submitted along with the application to be returned.

A certificate of state registration of the operational management is not issued. An extract from the Unified State Register is sufficient confirmation of the existence of the right of operational management.

So, the state service of registering the right of operational management of real estate is provided in the absence of an approved administrative regulation. In this case, the basis for the provision of the service is an application, to which a package of documents specified in the article must be attached. The period for receiving the result should not exceed 7 working days. The document confirming the right of operational management is an extract from the Unified State Register issued to the applicant.

When the ownership of a state or municipal enterprise as a property complex is transferred to another owner of state or municipal property, such an enterprise retains the right of operational management of the property belonging to it.

When the ownership of an institution is transferred to another person, this institution retains the right of operational management of its property.

A sample agreement is here.

Operational management agreement

REAL ESTATE No. 2

Krasnodar September 12, 2020

1. THE SUBJECT OF THE AGREEMENT

1.1. Based on ______________ certificate No. 564 dated April 25, 2014, the Administration transfers and the Institution accepts under this Agreement property (non-residential premises, building, structure) with a total area of 85 sq.m., located at the address: Krasnodar, st. Promyshlennaya, 3 with the right of operational management.

We invite you to read: What are the dangers of permanent registration for the owner?

2. DURATION OF THE CONTRACT

2.1. The validity period of the Agreement for the right of operational management is established from September 12, 2020 to September 12, 2017.

2.2. This Agreement comes into force from the moment of its registration in the manner prescribed by law.

3. PROCEDURE FOR TRANSFER OF PROPERTY

3.2. This non-residential premises is taken into account on the balance sheet of the Institution.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. Rights and obligations of the Administration.

4.1.1. The administration has the right to: control the intended use and safety of the property transferred to the operational management of the Institution.

4.1.2. The administration has the right to seize excess unused or improperly used property and dispose of it at its own discretion.

4.2. Rights and obligations of the Institution.

4.2.1. The institution has the right:

own, manage and use the property provided to him within the limits outlined by the requirements of the law, the goals of his activities, the tasks of the owner and the purpose of the property;
contact GorBTI to prepare a technical passport.

4.2.2. The institution is obliged:

maintain non-residential premises in accordance with the rules and regulations of technical operation;
carry out major and current repairs, re-equipment of premises related to the activities of the Institution, at his own expense, within the time frame established by the territorial administration or municipal district (but not more than 2 years) in accordance with the documentation developed in a specialized design organization;
not to make any redevelopment or re-equipment of the premises related to the activities of the Institution, without the written permission of the Administration;
ensure unimpeded access to non-residential premises for representatives of executive authorities and administrative bodies for the purpose of checking documentation and monitoring the use of premises;
not to take actions that impede the inventory of non-residential premises transferred under this Agreement;

An institution does not have the right to alienate or otherwise dispose of the property assigned to it, or to:

sale, gratuitous transfer to another person, lease;
make a contribution to the authorized (share) capital of business companies and partnerships;
pledge property;
carry out other actions that may entail the alienation of state property;

4.2.3. The institution does not have the right to transfer operational management rights to other legal entities and (or) individuals.

5. EARLY TERMINATION OF THE AGREEMENT

5.1. The contract may be terminated:

by agreement of the parties;
upon liquidation or reorganization of the parties in accordance with current legislation;

6. OTHER CONDITIONS

6.1. This Agreement is concluded in two copies (appropriately bound, numbered and certified by the Administration), one is kept by the Institution, the second by the Administration.

6.2. If the details change, the parties are required to notify each other in writing by registered mail.

6.3. The placement of advertising on the outside of premises under operational management must be approved in accordance with the established procedure.

6.4. The inclusion of any other additional property requirements in the Agreement, in addition to those included in the administrative documents, is not permitted.

6.5. Disputes arising under the Agreement are considered in accordance with current legislation.

We suggest you familiarize yourself with: Execution of an agency agreement, Termination of an agency agreement

7. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

Administration

Legal address: Krasnodar, st. Industrial, 3
Postal address: Krasnodar, st. Lenina, 25, office 5
Phone/fax: 8432543782
INN/KPP: 6735272845 657936243
Current account: 498765400001777600000001
Bank: RusBank LLC
Correspondent account: 10008456326453728266
BIC: 45637899
Signature: ______________________________

Establishment

Legal address: Krasnodar, st. Krasnoarmeyskaya, 8, office 2
Postal address: Krasnodar, st. Krasnoarmeyskaya, 8, of. 2
Phone/fax: 84325648736
INN/KPP: 36547824345452753647
Current account: 4876453700000164735000003
Bank: OJSC "Bank"
Correspondent account: 109876537283000264537
BIC: 453628465
Signature: ______________________________

The contract form is here.

REAL ESTATE No. _____

____________________ ___________________________“___” ______________ _______

1. THE SUBJECT OF THE AGREEMENT

1.1. Based on ______________ certificate No._______ dated “___”______________ _______, the Administration transfers, and the Institution accepts under this Agreement, property (non-residential premises, building, structure) with a total area of _______ sq.m., located at the address: ________________________________________ with the right of operational management.

2.1. The validity period of the Agreement for the right of operational management is established from “___”______________ _______ year to “___”______________ _______ year.

6. OTHER CONDITIONS

Administration

Legal address: ______________________________
Mailing address: ______________________________
Phone fax: ______________________________
INN/KPP: ______________________________
Checking account: ______________________________
Bank: ______________________________
Correspondent account: ______________________________
BIC: ______________________________
Signature: ______________________________

Establishment

An agreement for the operational management of real estate is subject to mandatory state registration. Without going through this procedure, the rights secured by the contract do not arise for the legal entity.

It should be noted that real estate transferred to operational management must be reflected in the balance sheet of the legal entity. The accounting documents indicate the cost corresponding to that specified in the contract. In particular, depreciation is also charged on property in operational management.

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Question about trust management of property

The difference between operational management and free use

In simple terms, property is assigned only by the state under the right of ownership. If assets are transferred for free use, then this can be done by any entity that is its legal owner.

Given the participation of the state, objects transferred to management are subject to assessment, as well as compulsory insurance every year. If a revaluation occurs, an additional agreement to the contract may be drawn up. The state fully controls the disposal process, which does not happen in the case of gratuitous use by other owners.

The difference between operational management and business management

The circle of persons and the principles on which the rights of operational management and economic management are based are in many ways similar to each other, but at the same time there are differences that distinguish these types of rights from each other.

For example, a unitary enterprise can dispose of movable objects, but is limited in the rights to use the owner’s immovable property.

Economic management allows you to transfer property for further activities. In the future, the owner will be able to use this property at his own discretion, for example, to sell it. However, the decision is made not independently, but jointly with the management bodies of the enterprise. The subjects of economic management are any municipal and state enterprises.

Operational management includes government institutions and enterprises. Under an operational management agreement, property can be transferred for use only for a certain period, i.e. they cannot be completely disposed of: sold, donated, exchanged, etc.

The owner can create objects of operational management, determine to what extent to assign legal capacity, approve the necessary documents, appoint managers, liquidate or reorganize the enterprise without the consent of other managers.

The owner gives instructions to managers on how to use the property provided to them. The owner can direct individual objects included in the structure in the direction he needs for implementation. He has the right to distribute his property into several funds he needs. However, he cannot use the funds of one fund for the development of another.

If an enterprise has incurred debts, then the owner, and not the director of the enterprise, will also bear subsidiary liability for this.

The manager, on the contrary, does not have the right to perform any actions without the consent of the owner. This is the fundamental difference between the rights of economic management and operational management.