Sytuacja prawna członków zarządu spółdzielni w świetle prawa spółdzielczego
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Date
1985
Authors
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Journal Title
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Publisher
Wydział Prawa i Administracji UAM
Title alternative
The legal position of cooperative board members in the light of cooperative law
Abstract
The new cooperative law of 1982 is strengthening principles of self-government
and independence of cooperatives to considerably higher degree than the
former act of 1961. It is particularly visible in regulations concerning cooperative
organs. All those, with the exception of general meeting, of course, are elected and
are operating collegiately. Board of cooperative has a particular function assigned.
It is directing the operation of cooperative and represets it outside. It is vested
with all the competence which has not been assigned to other cooperative organs
in the Act or cooperative statute. That wide scope of tasks and competence calls
not only for a precise definition of a board role as a collegiate organ but also of
a role of its members. Respecting the principle of the collegiate board, cooperative
law is individually treating the legal status of its members. It is manifested in the
folkowing legal solutions:
— a competent cooperative organ is not electing a board, but its members,
specifying at the same time their positions i.e. the chairman of the board and
co-chairmans, — a board cannot be called off as a cooperative organ, it is its particular
members who are in a position of being recalled,
— the general meeting is voting acceptance of accounts individually for every
member of a board,
— a particular board member can be suspended in his activities by a board
of supervisors,
— board members are personally responsible for their actions and omissions
causing damage to a cooperative.
The above circumstances which individualize a legal status of board members
result in exposition of bonds of collegiality and one man management in the process
of managing cooperative activities. It can be particularly visible in large
cooperatives, operating in a wide range. It is also observed in instituting a post
of a manager of current operation of cooperative in the new cooperative law. Such
institution was not provided by previous cooperative acts of 1920 and 1961. The
managerial post is usually offered to a board member, usually to a chairman.
With that moment he becomes vested with a competence of a sole manager of
establishment within a meaning of Labor Code.
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Sponsor
Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 47, 1985, z. 2, s. 45-62