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Title: Rada nadzorcza w systemie organów spółdzielni
Other Titles: The supervisory council in the system of organs of a co-operative
Authors: Niedbała, Zdzisław
Issue Date: 1987
Publisher: Wydział Prawa i Administracji UAM
Citation: Ruch Prawniczy, Ekonomiczny i Socjologiczny 49, 1987, z. 2, s. 43-59
Abstract: The Act of Sept. 16, 1932 on Co-operatives modified the system of organs of a co-operative only to a very limited extent. The general assembly retains the rank of the supreme organ of a co-operative; the function of current management and representation of a co-operative is vested in the board. The task and competences in the area of control of over-all activity of a co-operative have been vested in the supervisory council. The Act has also transferred to the council some powers in the sphere of management and representation of a co-operative. The supervisory council is electively dependent on the general assembly since the latter is empowered to elect and remove the members of the council. Only in co-operatives which adopted the representative system, i.e. replaced the general assembly with the meeting of representatives, the election and removal of members of the council is vested either in the meeting of representatives or in the meetings of the members' groups. The instance dependence of the council on the general assembly manifests itself through examining by the supreme organ the appeals from the resolutions of the council. The Act provides also for the dependence of the council on the general assembly in the sphere of decision-making, i.e. it defines the instances of making the resolution of the council dependent on the prior opinion of the general assembly and on the conditions determined in the resolution of that organ. In relation to the board of a co-operative, the supervisory council performs the functions of supervision and control. The statute of a co-operative may also authorize the council to elect and remove the members of the board. Performing the above functions by the council justifies the interdiction to combine the membership of that organ with the membership in the board. Members of a supervisory council do not receive any compensation for their services as such. The above does not exclude their liability for their actions towards the co-operative; by virtue of art. 58 of the Act on Co-operatives, their liability is based on art. 114 et seq. of the Labour Code. The position of the supervisory council in a co-operative allows that organ to perform independently the function of internal control according to the needs and requirements of the co-operative democracy.
Sponsorship: Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
ISSN: 0035-9629
Appears in Collections:Ruch Prawniczy, Ekonomiczny i Socjologiczny, 1987, nr 2

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