JustPaste.it

Corperative


These are cooperatives established under the law for the purpose of buying the municipal building, so-called privatized housing cooperatives, on the basis of the local cooperatives and cooperative organizations and cooperatives. It also comprises such co‐operatives established for the building of houses with apartments and for the eventual transfer of units to the property of the members, so-called investor housing co‐operatives and co‐operatives established for the construction and management of garages. Main suppliers

Cooperative membership The membership of a cooperative shall be based on the principle of spontaneity, on the basis of free will, relating to its origin. This spontaneity in such a relationship persists. It is important to note that the principle of equal treatment means equal status of aspiring members in accordance with their position in the exercise of their mutual rights and obligations.

The only permissible difference between members is based on their duties or work within the cooperative. Membership origin membership Cooperative membership may be established in connection with the origin of cooperative membership, by the acceptance by the co-operative of the 'pretender' on the basis of a written request for admission, by transfer of membership or otherwise specified in legislation. The other way is transformation, e.g. fusion, possible splitting of the cooperative and the situation of the so-called unit under the law on flat ownership. The intention of the institution was to remedy the situation arising in response to the former consolidation of a cooperative, either under pressure from above or in accordance with the then valid laws by the respective union of cooperatives. Membership does not originate before the initial investment is paid. The source of the statutes may also be indicated that the membership is only created on the day agreed as the day on which a working relationship originates. Additional conditions of membership may be governed by the cooperative's statutes. Membership extinction This can only be done using methods presumed in the law. The law stipulates that the member's extinction may be achieved by agreement, resignation, exclusion, death of a member, extinction of the co-operative, extinction of legal relations between the member and co-operative, transmission of membership or in some other way. It also refers to a situation related to proceedings against the property of the cooperative members to the satisfaction of its creditors' debts. The creditors of a cooperative member need this way of extinguishing in order to achieve the participation in capital of the cooperative member. It is because the member can claim the settlement of his capital interest in cooperative only when the membership is extinct. Membership subject The co-operative rights and duties of the members are laid down by the law by the statutes of the co-operative. The member has the right to participate in meetings of cooperative bodies, to vote in meetings of such bodies and make suggestions and to vote in favor of such bodies etc. In this respect, some obligations, in particular payment of membership deposits or the duty of proper performance in cooperative bodies, cannot be marginalized. Amount of settlement The settlement amount may be claimed by its member when the cooperative becomes extinct. It is essentially a part of capital that shows the former member's participation in co-operative property. When specifying the settlement amount, the investments deposited in the cooperative by the former member are taken into account and the capital increased by its membership. When the settlement amount is specified, the cooperative comes from the property shown in its closing accounts. The claim for settlement originates on the day of membership extinction. A payoff is claimed after three months of the approval of the closing of accounts for the year in which membership has expired. Membership transfer It should be noted in relation to the transfer of membership that the rights and duties of members can be transferred to a third party or to another cooperative member. The statutes may determine the detailed conditions for the transfer. Transfer to a third person indicates stricter conditions because the Board has to approve such a transfer. In the extent of the rights and duties of the transfering member, the member acquires the rights and duties of the cooperative member. There is the question whether only some rights and duties of the member can be transferred. Even the law does not clarify this. In practice, it is important to assess whether full value membership actually comes from the transfer. For instance, a member of a housing co‐operative whose membership relates to cooperative flat and cooperative garage rights and duties would transfer to another person the rights and duties of the member relating only to one of the above-mentioned functions.