Rada nadzorcza w systemie organów spółdzielni
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Date
1987
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Journal Title
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Publisher
Wydział Prawa i Administracji UAM
Title alternative
The supervisory council in the system of organs of a co-operative
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.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 49, 1987, z. 2, s. 43-59